JUDGE SENTENCES WEISBERGER TO MENTAL HEALTH FACILITY PLUS 40 YEARS PROBATION, NOT LIFE IN PRISON

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On this image taken by protection counsel Diane Ward, Daniel Weisberger is pictured together with his dad, Ari Poholek, throughout trial. Poholek holds an image of his sons, Pascal, and Daniel, after they have been little. CONTRIBUTED

Daniel Weisberger, the person convicted of killing his brother Pascal and the tried killing of his father Ari, was given a second probability at life by Choose Mark Jones contained in the Key West courtroom on Monday.

Jones sentenced Weisberger to 4 years and 11 months in jail, however he’ll get credit score for the time he’s been incarcerated because the assaults in Could 2020. Because of this, Weisberger received’t be spending any time at a jail.

Jones, nonetheless, sentenced Weisberger to the psychological well being remedy facility in PassageWay, the place he’ll obtain supervised care and remedy for 2 years. He additionally acquired 40 consecutive years of probation. 

Weisberger will stay on the Monroe County jail on Inventory Island till he’s transferred to PassageWay, a Miami-Dade facility offering supervised remedy to chronically mentally-ill people who’ve been within the prison justice system.

In late January, Jones discovered Weisberger responsible of second-degree homicide within the stabbing demise of his brother, 14-year-old Pascal, inside their Islamorada dwelling in the course of the early morning of Could 7, 2020. Weisberger, who was 17 on the time of assaults, was additionally discovered responsible of first-degree tried homicide within the stabbing assault on his dad shortly after killing Pascal. 

Within the courtroom, the protection requested the decide to think about a sentence committing Daniel to a psychological well being facility, not a lifetime jail sentence. Protection counsel for Weisberger advised the decide he wasn’t in his proper thoughts when he dedicated the assaults on his brother and father. Daniel is receiving remedy for schizophrenia. He’s additionally handled post-traumatic stress dysfunction since 2016. 

The protection’s request was one thing Jones heard, from many witnesses who knew the household, in the course of the sentencing listening to which started on April 20. 

Prosecutors from the Monroe County State Lawyer’s Workplace beneficial the court docket sentence Daniel to life in jail. They famous he wasn’t deemed legally insane by the court docket. In addition they acknowledged {that a} letter he wrote after the assaults confirmed he knew what he was doing. 

State Lawyer Dennis Ward advised Keys Weekly that he disagrees with the sentencing Jones handed to Weisberger.

“My job, and his job, is to make sure the protection of the group,” Ward stated. “This man is violent. The crime he dedicated was horrible and violent. It was sensible beheading of his brother.”

Jones deliberated for roughly an hour earlier than delivering the sentence. 

“This certainly has been probably the most distinctive, tragic and sophisticated circumstances I’ve ever presided over in my 28-plus-year profession as decide,” Jones stated.  

Jones added he’s by no means seen as many letters from group members who need Daniel to get assist. 

Poholek advised Keys Weekly he was happy with the sentencing from Jones.

“I’ve stated from the start of this tragic scenario, that as horrible as shedding Pascal has been, given the general circumstances of this case and notably Daniel’s age, psychological sickness, historical past of being abused in addition to household and group help which has existed for him, a novel strategy was wanted.”

This story is growing. Keep tuned for the total story and response.

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