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Man Gets 10-Day Sentence for Missing Jury Duty Man Gets 10-Day Sentence for Missing Jury Duty
(about 2 hours later)
He got picked for jury duty in a civil trial, but when Deandre Somerville overslept, it became a criminal matter — for him.He got picked for jury duty in a civil trial, but when Deandre Somerville overslept, it became a criminal matter — for him.
Mr. Somerville, 21, of West Palm Beach, Fla., was ruled in direct criminal contempt of court last month by a circuit court judge, who sentenced him to 10 days in jail and one year of probation. He was also ordered to pay a $223 fine and write a “sincere” letter of apology after he missed an Aug. 21 trial date because he overslept. Mr. Somerville, 21, of West Palm Beach, Fla., was ruled in direct criminal contempt of court last month by a circuit court judge, who sentenced him to 10 days in jail and one year of probation despite having no prior criminal record.
“My first reaction when I woke up was, ‘Oh shoot, I overslept,’” Mr. Somerville said Thursday, the day before a court date where he was appealing the sentence. He said that he should have notified the court, but that he had been nervous about the repercussions. He was also ordered to pay a $223 fine and write a “sincere” letter of apology after he missed an Aug. 21 trial date because he overslept.
After the public defender’s office appealed the misdemeanor conviction, the judge on Friday reduced the probation to three months and the community service Mr. Somerville is to perform from 150 hours to 30 hours.
As part of Mr. Somerville’s community service, he must report to the jury office once a week to deliver a 10-minute talk about the importance of jury duty.
“I see the importance of it now,” he said Friday.
But on the morning of Aug. 21, when he was supposed to report for the opening of a trial in a negligence case involving an automobile accident, Mr. Somerville said: “My first reaction when I woke up was, ‘Oh shoot, I overslept.’” He said that he should have notified the court, but that he had been nervous about the repercussions.
“That should have been the first thing I should have done,” he said. “I thought maybe the most I could get was a fine.”“That should have been the first thing I should have done,” he said. “I thought maybe the most I could get was a fine.”
Not long after missing jury duty, he said, the police showed up at his home, where he lives with his grandparents.Not long after missing jury duty, he said, the police showed up at his home, where he lives with his grandparents.
He said his grandparents told him, “The best thing you can do is be honest.”He said his grandparents told him, “The best thing you can do is be honest.”
On Friday, the same judge, John S. Kastrenakes, drastically reduced Mr. Somerville’s sentence, which had drawn headlines and criticism. Mr. Somerville was one of six jurors seated in the negligence case in the 15th Judicial Circuit of Florida in West Palm Beach. Judge John S. Kastrenakes chewed out Mr. Somerville during a Sept. 20 hearing, according to a court transcript.
Mr. Somerville had already served his 10-day jail sentence, and his letter of apology was accepted by the court. But instead of a year of probation, court records showed, he will now serve three months. And instead of 150 hours of community service, he’ll perform 30 hours.
As part of Mr. Somerville’s community service, he must report to the jury office once a week to deliver a 10-minute talk about the importance of jury duty.
Mr. Somerville was one of six jurors seated in an automobile accident negligence case in the 15th Judicial Circuit of Florida in West Palm Beach. Judge Kastrenakes chewed out Mr. Somerville during a Sept. 20 hearing, according to a court transcript.
“You failed to come to court,” Judge Kastrenakes said. “We waited almost an hour for you to come to court; you didn’t come. I had the jury office call to see where you were. God forbid you’d been in an accident or something terrible had happened. You shut your phone off.”“You failed to come to court,” Judge Kastrenakes said. “We waited almost an hour for you to come to court; you didn’t come. I had the jury office call to see where you were. God forbid you’d been in an accident or something terrible had happened. You shut your phone off.”
Mr. Somerville said he deserved a fine or another penalty, but he characterized the judge’s original sentence as harsh. After some of the conditions of his sentence were reduced on Friday, Mr. Somerville said he had been hoping to avoid probation altogether after the judge had made an example of him. He said he was told the charge would be expunged from his record upon completing the terms of his sentence.
“I told him, ‘Sir, I’ve never been in jail,’” said Mr. Somerville, who works part-time at the local parks department. “I’ve never been arrested. I kind of felt like he belittled me.” “It’s sad that I had to get 10 days for it,” Mr. Somerville said. “That 10 day sentence, I felt like it was harsh. I can’t go back and take that time back. I just take it as a learning experience from now on.”
Mr. Somerville helps care for his grandfather, who had a heart attack and uses a walker and a scooter to get around, the public defender’s office said in a court filing.Mr. Somerville helps care for his grandfather, who had a heart attack and uses a walker and a scooter to get around, the public defender’s office said in a court filing.
The public defender’s office and a court spokeswoman speaking on behalf of the judge both said they could not comment on a pending case.
Mr. Somerville said it had been traumatizing to spend 10 days in a local jail.Mr. Somerville said it had been traumatizing to spend 10 days in a local jail.
“It’s like I’m really in jail with cold, hard criminals,” he said.“It’s like I’m really in jail with cold, hard criminals,” he said.
J. Freddy Rhoads, the lawyer for the plaintiff in the civil trial for which Mr. Somerville had been selected as a juror, said an alternate juror was used in the case.J. Freddy Rhoads, the lawyer for the plaintiff in the civil trial for which Mr. Somerville had been selected as a juror, said an alternate juror was used in the case.
“We’ve had jurors not show up, but for various reasons,” he said, adding that it was unusual for a juror to miss duty and not notify the court at all.“We’ve had jurors not show up, but for various reasons,” he said, adding that it was unusual for a juror to miss duty and not notify the court at all.
Derrick Bryson Taylor contributed reporting.Derrick Bryson Taylor contributed reporting.