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KamaAina

(78,249 posts)
Mon Nov 30, 2015, 02:09 PM Nov 2015

Judge Gives Man 60 Years In Prison For Driving With Suspended License

Not The Onion!

http://countercurrentnews.com/2015/11/judge-gives-man-60-years-in-prison-for-driving-with-suspended-license/#

Florida judge Matthew Destry is being called out for handing down a bizarrely harsh sentence to a young man who stood before him for a crime as minor as driving with a suspended license.

A petition to remove Judge Destry from the bench has been launched by the victim’s family.

They explain that Herbert Smith was sentenced to 60 years in prison for nothing more than a violation of probation due to a drivers license suspension charge.

The sentencing judge, Matthew Destry, presides over the Broward County Clerk of Courts.


Notice anything?

138 replies = new reply since forum marked as read
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Judge Gives Man 60 Years In Prison For Driving With Suspended License (Original Post) KamaAina Nov 2015 OP
Is it a for-profit prison? louis-t Nov 2015 #1
If true, this judge wiped out almost all of this young man's life, he also ladjf Nov 2015 #2
it's not true uhnope Nov 2015 #122
What isn't true, the sentence or one or both of my comments. nt ladjf Dec 2015 #128
It is the weapons charge that got him the lengthy sentence. ManiacJoe Dec 2015 #131
the OP is not true uhnope Dec 2015 #132
Petition at link. Sign it Liberal_in_LA Nov 2015 #3
In Florida, the max sentence for driving on a suspended license is 60 days. Calista241 Nov 2015 #4
It does seem long tammywammy Nov 2015 #5
sixty years is too long for any offense that is not violent 2pooped2pop Nov 2015 #8
So he was already convicted of a felony previously - we do not know what that crime was. Tipperary Nov 2015 #16
One of the comments on this article had that info tammywammy Nov 2015 #21
Possession of weapon or ammo by Convicted felon! longship Nov 2015 #22
That is very strange fasttense Nov 2015 #52
It is pretty standard that felons are not allowed. longship Nov 2015 #54
Really? All 50 states? fasttense Nov 2015 #88
Actually, I am not sure. longship Nov 2015 #97
Silly, that's only for white felons in Florida. Black felons in Florida are still subject valerief Nov 2015 #79
Oh, that explains it. n/t fasttense Nov 2015 #119
Don't you get it? It's just Kirk and Spock talking in code. Tommy_Carcetti Nov 2015 #34
What is he on probation for? Renew Deal Nov 2015 #6
Possession of a weapon and ammunition by a felon. Iggo Nov 2015 #9
Seems too long but... Renew Deal Nov 2015 #10
I don't know what the original felony was. Iggo Nov 2015 #11
RenewDeal: so fucking what? SCantiGOP Nov 2015 #14
We don't have enough information. EDIT: Now we do... Renew Deal Nov 2015 #19
Apparently the weapon that he was in possession of is one that he stole from someone's house. Tipperary Nov 2015 #30
60 years sounds about right... virginia mountainman Nov 2015 #35
This message was self-deleted by its author uhnope Nov 2015 #59
Did you mean to respond here? Renew Deal Nov 2015 #65
no sorry uhnope Nov 2015 #69
Yes, someone could look up Florida Law treestar Nov 2015 #100
I would venture to say that all of his priors are felonies. Hepburn Nov 2015 #120
If he was already a convicted of a felony, on probabation, and commits a new crime? Waldorf Nov 2015 #41
Death penalty the motherfucker! He's a repeat offender! Ed Suspicious Nov 2015 #20
I think it's a 2011 no-weapon robbery incident struggle4progress Nov 2015 #89
That's insane.. whathehell Nov 2015 #7
This is some fucked up shit. jalan48 Nov 2015 #12
my daughter did that Pharaoh Nov 2015 #13
does your daughter have a mile long rap sheet? Facility Inspector Dec 2015 #130
wow. what was your daughter on probation for? eom yawnmaster Dec 2015 #136
Was your daughter on probation for multiple felonies? Travis_0004 Jun 2016 #138
Hands up, don't shoot. Kid was unarmed. Judge is a stinking coward. n/t jtuck004 Nov 2015 #15
Must be election season Mendocino Nov 2015 #17
Thanks for posting Omaha Steve Nov 2015 #18
The Onion is probably more reliable than countercurrentnews Bonx Nov 2015 #23
Fine. Attack the source. KamaAina Nov 2015 #25
What can I say ? It's a terrible source. Bonx Nov 2015 #26
It's all over teh intertubes. KamaAina Nov 2015 #27
Ok, then link an actual news source instead of a crap blog Bonx Nov 2015 #28
All the links I can find seem to be on blogs KamaAina Nov 2015 #29
I would. Bonx Nov 2015 #31
no, you've been shown that the OP is a lie and yet you keep pushing the lie. nt uhnope Nov 2015 #121
When the source intentionally leaves out pertinent facts mythology Nov 2015 #32
Self delete? looks like this is based on a lie uhnope Nov 2015 #74
No, the probation violation was driving with a suspended license KamaAina Nov 2015 #76
why don't you post a news article with more info so we can judge for ourselves uhnope Nov 2015 #78
I can't find one. KamaAina Nov 2015 #80
then it's irresponsible not to self-delete uhnope Nov 2015 #85
People post online petitions here all the time. KamaAina Nov 2015 #94
Do you realize the effect might be the opposite of what you want? uhnope Nov 2015 #110
Uh, nope. KamaAina Nov 2015 #112
Don't, but instead of having an actual discusion on prison and sentencing reform nadinbrzezinski Nov 2015 #115
The court records show two re-arrests associated with probation violations struggle4progress Nov 2015 #102
That's bull. tazkcmo Nov 2015 #125
Prove the link and info is wrong or quit fucking whining. nt Logical Nov 2015 #106
Is this a joke reply ? Bonx Nov 2015 #114
This message was self-deleted by its author LanternWaste Jun 2016 #137
This is totally fucked up gopiscrap Nov 2015 #24
Calm down and see response #9. longship Nov 2015 #33
Ved-dy in-ta-resting. KamaAina Nov 2015 #36
He's obviously a virulent racist Bonx Nov 2015 #39
He does indeed have a reputation as a virulent racist KamaAina Nov 2015 #42
I would use change.org petitions for all my 'He's a RACIST!!!" needs Bonx Nov 2015 #44
LOL. yr proof is the same lack of proof. I think yr working for the other side, actually. uhnope Nov 2015 #124
I did say that I wasn't judging the 60 year sentence. longship Nov 2015 #43
You don't want him on the street? For how long? nt Logical Nov 2015 #107
That is for the judge and appeals court to decide. longship Nov 2015 #109
This wasn't about driving with suspended license Android3.14 Nov 2015 #37
+1. I'm waiting for another source. I know very little about this Counter Current News blog 951-Riverside Nov 2015 #46
Here's everything you need to know about countercurrentnews.com Bonx Nov 2015 #48
... SoapBox Nov 2015 #38
If the kid (young man) has a felony, no surprise there, African Americans are felonized by our randys1 Nov 2015 #40
Blame the system? I blame the person committing the crimes. See post #82. The guy is a repeat Waldorf Nov 2015 #108
This guy is not a victim. Tipperary Nov 2015 #117
What a fool. Vinca Nov 2015 #45
He has a criminal history, this was not just for a suspended drivers licence nadinbrzezinski Nov 2015 #47
The title is intentionally misleading. He violated supervision and committed multiple felonies. NightWatcher Nov 2015 #49
As soon as I saw the words 'violated probation' I knew there was more to the story. Erich Bloodaxe BSN Nov 2015 #103
Here's the court records for him Quackers Nov 2015 #50
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments tclambert Nov 2015 #51
he's getting kickbacks from the prison industry Doctor_J Nov 2015 #53
follow the money... shanti Nov 2015 #81
Unbelievable. And Bush and CO. walk free. Paper Roses Nov 2015 #55
these petitions have no link to the news article -- it would be good to know if it's true uhnope Nov 2015 #56
There is no news article Bonx Nov 2015 #57
The story is bogus! 4139 Nov 2015 #58
But your facts detract from the Wow Factor the OP was going for NightWatcher Nov 2015 #61
You've got to wonder why he was pulled over in the first place KamaAina Nov 2015 #60
I wonder why you are continuing to slander this guy Bonx Nov 2015 #66
The judge didn't pull him over. Cops did. KamaAina Nov 2015 #68
Everyone is apparently a racist until they prove to you they aren't Bonx Nov 2015 #70
Well, everyone who acts like a racist. KamaAina Nov 2015 #72
Or you think someone may have said they heard someone saying Bonx Nov 2015 #75
you got it. The OP just wants to increase divisions between people and call everyone racist uhnope Nov 2015 #123
OP does that constantly melman Dec 2015 #133
Actually, they do have some high-tech scanner (sort of) Heeeeers Johnny Nov 2015 #104
But his plates weren't expired KamaAina Nov 2015 #105
Did you read what I posted? Heeeeers Johnny Nov 2015 #111
I think it's right there in the charges (post #58 above). bluedigger Nov 2015 #126
Unfortunately, the news source that you believed omitted a lot: i.e., parole, felonies, weapon, etc. xocet Nov 2015 #62
This is Florida. Who gets 60 years for a weapons charge down there? KamaAina Nov 2015 #63
What are you arguing? Start with facts and argue from there. Then people will say - yeah 60 yrs... xocet Nov 2015 #64
I'm arguing that he got the maximum possible sentence because he's black KamaAina Nov 2015 #67
As I said, good luck if you start without the facts... n/t xocet Nov 2015 #73
Seems he got the maximum possible sentence because he is a repeat criminal. Waldorf Nov 2015 #87
Self delete? looks like this is based on a lie uhnope Nov 2015 #71
9 felony convictions by age 23? Hell no, he can stay in prison LittleBlue Nov 2015 #77
consequences are a bitch sometimes Facility Inspector Dec 2015 #129
Is this Herbert Lee John Smith DOB 03/27/1992? struggle4progress Nov 2015 #82
That is quite the record. Ace Rothstein Nov 2015 #91
He may not be very bright. He got probation on a robbery charge. Then he struggle4progress Nov 2015 #101
Sounds Like There's a Back Story november3rd Nov 2015 #83
"The sentencing judge, Matthew Destry, presides over the Broward County Clerk of Courts." Freddie Stubbs Nov 2015 #84
That would be the Howard C. Forman mentioned in the petition. KamaAina Nov 2015 #90
Judge Destry does not "preside over" the Clerk of Courts Freddie Stubbs Nov 2015 #93
Okay, so the petitioner doesn't know the ins and outs of the Broward County judicial system KamaAina Nov 2015 #95
It's not the petitioner, it's the author of this bogus article who doesn't know his head from a hole Freddie Stubbs Nov 2015 #98
Note that he was on probation for the weapons charge at the time. KamaAina Nov 2015 #86
Thanks for the info on the charge. Hepburn Nov 2015 #96
What was the underlying charge for the probation? Hepburn Nov 2015 #92
Here are his prior charges noted in post 35 LittleBlue Nov 2015 #99
Bit of a sleeve there. Hepburn Nov 2015 #118
Dime on dollar this is mandatory sentencing at work nadinbrzezinski Nov 2015 #127
Didn't have to look malaise Nov 2015 #113
Except its looking like it isn't. The guy has lots of arrests, including burglary, grand theft of a Waldorf Nov 2015 #116
Good. Why wasn't he given 60 years the first time he Kang Colby Dec 2015 #134
One less gun nut on the street. He didn't want to give up his guns, now he will go to jail for it. Township75 Dec 2015 #135

ladjf

(17,320 posts)
2. If true, this judge wiped out almost all of this young man's life, he also
Mon Nov 30, 2015, 02:15 PM
Nov 2015

called for a Government expense of over $1,000,000.00. That's a lot of damage for driving with a suspended license.

 

uhnope

(6,419 posts)
132. the OP is not true
Tue Dec 1, 2015, 06:47 PM
Dec 2015

scroll down and read the comments. He was not given the sentence for a suspended license, but for breaking probation on several felonies including ones involving guns.

Calista241

(5,584 posts)
4. In Florida, the max sentence for driving on a suspended license is 60 days.
Mon Nov 30, 2015, 02:30 PM
Nov 2015

His 60 year sentence comes from whatever crime he was on probation for.

That being said, 60 years seems like a long time for a non capital offense.

tammywammy

(26,582 posts)
5. It does seem long
Mon Nov 30, 2015, 02:35 PM
Nov 2015

I can't seem to find what he was on probation for either.

Oh, I found this from when he was arrested

Charge 1
POSS OF WEAPON OR AMMO BY CONVICTED FLA FELON

http://arrest-mugshot-search.com/mugshot/FL/Main-Jail/2015-Oct-07/8876301/Herbert-Smith

Soooo maybe it wasn't 60 years for just driving on a suspended license.

 

Tipperary

(6,930 posts)
16. So he was already convicted of a felony previously - we do not know what that crime was.
Mon Nov 30, 2015, 03:16 PM
Nov 2015

Now he is on probation for possessing a weapon.

It would be interesting to know what his initial crime was, but like you said it does not appear to be 60 years for driving on a suspended license.

tammywammy

(26,582 posts)
21. One of the comments on this article had that info
Mon Nov 30, 2015, 03:18 PM
Nov 2015
http://yourblackworld.net/2015/11/27/judge-gave-this-man-60-years-for-driving-with-suspended-license/

She said she found it searching the Broward County site. I can't do that now, so I didn't want to post it without first verifying.

longship

(40,416 posts)
22. Possession of weapon or ammo by Convicted felon!
Mon Nov 30, 2015, 03:22 PM
Nov 2015

The question is:

What felony was he convicted of before he was convicted of being a convicted felon in possession of a weapon or ammo?

Convicted felons are also not supposed to have weapons. Like every felon should know they go back to prison for that.

But yes, 60 years does seem excessive especially if the original felony was a non-violent crime, e.g., drugs.

But not knowing the full circumstances, I am not willing to state that this guy should not be back in custody. 60 years? Less so sure.

What if he was a paroled murderer?

The article does not say what the original felony was.


 

fasttense

(17,301 posts)
52. That is very strange
Mon Nov 30, 2015, 04:07 PM
Nov 2015

I thought Florida wanted everybody to have weapons? I thought the US Supremes gave that gift to the gun industry for a few well placed bribes? Huh, who knew Florida would actually pass a law stopping someone from getting guns and ammo?

He should be allowed to have weapons and ammo because ...you know... freedom.

longship

(40,416 posts)
54. It is pretty standard that felons are not allowed.
Mon Nov 30, 2015, 04:11 PM
Nov 2015

In all 50 states. Even Texas. Even Wyoming where they have fucking drive throughs at their bars!!!!


VROOM! VROOM! SKREEK!

Speaker next to bar window: May I have your order please?

Driver in car: You bet! I want a double bourbon on the rocks and a Bud.

Speaker: That will be 8 dollars and 50 cents. Please drive up to the next window.

VROOM!! Window opens.

Bartender: 8.50

Driver: Here's a ten. Keep it.

Bartender hands over a plastic cup and a can of Bud.

Pshhhht. Glug! Shlurp! VROOM! VROOOOOOOOM!


That's how one gets a drink at a bar in Wyoming.


 

fasttense

(17,301 posts)
88. Really? All 50 states?
Mon Nov 30, 2015, 05:10 PM
Nov 2015

Isn't there some loophole where felons can still get arms? Shezzzzz even terrorist on the no fly list can get arms. Why are we treating our American felons so badly?

longship

(40,416 posts)
97. Actually, I am not sure.
Mon Nov 30, 2015, 05:23 PM
Nov 2015

I think it is pretty much standard policy. But for sure paroled felons are not allowed weapons.

My best to you. And yes, I noted the sarcasm.


valerief

(53,235 posts)
79. Silly, that's only for white felons in Florida. Black felons in Florida are still subject
Mon Nov 30, 2015, 04:55 PM
Nov 2015

to institutional racism.

Tommy_Carcetti

(43,085 posts)
34. Don't you get it? It's just Kirk and Spock talking in code.
Mon Nov 30, 2015, 03:42 PM
Nov 2015

If we go by the book, days would seem like years.

SCantiGOP

(13,856 posts)
14. RenewDeal: so fucking what?
Mon Nov 30, 2015, 03:09 PM
Nov 2015

How long of a sentence do you give for fourth offense shoplifting? Life?

Renew Deal

(81,802 posts)
19. We don't have enough information. EDIT: Now we do...
Mon Nov 30, 2015, 03:17 PM
Nov 2015

That's my point. The previous charge which he is on probation for is "Possession of a weapon and ammunition by a felon." What did he do that made him a felon?

The original article is completely misleading and is meant to rile people up and it's based on a lie. He didn't get 60 years for driving with a suspended license.

Someone above posted some criminal history:

http://arrest-mugshot-search.com/mugshot/FL/Main-Jail/2015-Oct-07/8876301/Herbert-Smith

Previous arrests:
POSS OF WEAPON OR AMMO BY CONVICTED FLA FELON
Robbery
Burglary
Armed Burglary (multiple charges)
Grand Theft Auto

 

Tipperary

(6,930 posts)
30. Apparently the weapon that he was in possession of is one that he stole from someone's house.
Mon Nov 30, 2015, 03:31 PM
Nov 2015

60 years seems like a lot, but he certainly was not sentenced for driving on a suspended license.

Thanks for posting this info; I had a feeling that there was more to the story.

virginia mountainman

(5,046 posts)
35. 60 years sounds about right...
Mon Nov 30, 2015, 03:43 PM
Nov 2015
http://arrest-mugshot-search.com/mugshot/FL/Main-Jail/2015-Oct-07/8876301/Herbert-Smith

Previous arrests:
POSS OF WEAPON OR AMMO BY CONVICTED FLA FELON
Robbery
Burglary
Armed Burglary (multiple charges)
Grand Theft Auto


He had his probation revoked for those previous charges. He was given a chance, and he threw it away, over something stupid. It is a wonder he was even out on probation as it was, those are serious crimes.

I wonder how many will simply overlook the facts of this case, or just go on uninformed tirades about 60 years for suspended license?

Response to Renew Deal (Reply #19)

treestar

(82,383 posts)
100. Yes, someone could look up Florida Law
Mon Nov 30, 2015, 05:35 PM
Nov 2015

and see how it happened. It can add up or be enhanced. These kinds of things show more lack of respect for the law than the original charge, in that you had contact with the legal system and still won't go along with it.

Hepburn

(21,054 posts)
120. I would venture to say that all of his priors are felonies.
Mon Nov 30, 2015, 06:45 PM
Nov 2015

The only possible wobbler I see is the robbery charge...it could have been a misdemeanor.

Still...60 years and he got that hit for driving on a suspended driver's lic. Wow...you would think that robbery, burglary, multiple armed burglaries and GTA way over shadow a moving violation -- no injury, etc.

struggle4progress

(118,041 posts)
89. I think it's a 2011 no-weapon robbery incident
Mon Nov 30, 2015, 05:11 PM
Nov 2015

He was arrested for probation violations(s) last December. A firearm seems to have been in his possession at a traffic stop in October, and he was rearrested for probation violations(s) the next day, See #82 based on the link in #50

 

Travis_0004

(5,417 posts)
138. Was your daughter on probation for multiple felonies?
Mon Jun 20, 2016, 07:55 AM
Jun 2016

And did the judge revoke her probation, and then sentance her on those several felonies count, as well as a few other charges such as being in association with another known felon, and carrying ammunition, which was another violation of the plea deal?

Bonx

(2,041 posts)
23. The Onion is probably more reliable than countercurrentnews
Mon Nov 30, 2015, 03:24 PM
Nov 2015

It would be interesting to know what actually happened.

 

mythology

(9,527 posts)
32. When the source intentionally leaves out pertinent facts
Mon Nov 30, 2015, 03:35 PM
Nov 2015

Then yes it should be attacked.

And now that further information is available you should edit your inaccurate original post. The guy wasn't sentenced just for driving with a suspended license.

We don't know all of the conditions of his previous crimes, but he's clearly not a choir boy. Being honest matters. The article wasn't honest

 

KamaAina

(78,249 posts)
76. No, the probation violation was driving with a suspended license
Mon Nov 30, 2015, 04:47 PM
Nov 2015

and the hangin' judge took the opportunity to throw the book at a black defendant.

 

uhnope

(6,419 posts)
78. why don't you post a news article with more info so we can judge for ourselves
Mon Nov 30, 2015, 04:55 PM
Nov 2015

Otherwise, you should self-delete because it's really just irresponsible and provocative

 

uhnope

(6,419 posts)
110. Do you realize the effect might be the opposite of what you want?
Mon Nov 30, 2015, 06:07 PM
Nov 2015

When people find out that the headline, text and petition are misleading, they might switch from sympathetic and supportive to angry and callous. You might lose people that you hoped to persuade. And next time those people might not listen to a cry for help because they've been burned before. That's not what you want, right?

That's why, if you're smart, you'll delete this.

 

nadinbrzezinski

(154,021 posts)
115. Don't, but instead of having an actual discusion on prison and sentencing reform
Mon Nov 30, 2015, 06:31 PM
Nov 2015

you have managed to get a lot of us to go

here are the issues that are relevant in this case.

1.- How should a parole violation be treated?
2.- Are there any minimum sentencing rules in play? Yes, from a cursory look at statues here you go

http://www.bjs.gov/content/pub/pdf/woofccj.pdf

3.- What are the roles of modern day prisons? Incapacitation or well corrections? If this is the former, the sentence makes all the sense in the world. If not, well perhaps not, and this is where mandatory sentencing enters the game, and you and I do not know what was the ORIGINAL sentence he was given a parole over. A violation means the person goes back to prison.

4.- Yes, there is an issue of race, but in this case given the history of this gentleman which has been exposed, most people on this board will discount the badly written and sourced story. It might be implicit, it might the fact that this guy is not quite a choir boy.

5.- All the potential discussions you could have had on criminal justice reform have given way to the expected reactions form people who quite honestly would prefer this perp to remain in prison for his natural life. See about incapacitation and how that is lagging actual reform.

If you want to have those discussions, which by all means are needed, do not pick up the cause given to you by a really bad news source that does not correct their stories even when people point out their errors... yes, I have pointed to them errors in some of their stories, since they have happened on MY FUCKING beat, and I know they misreported the facts of the story if I am to be kind. Lets just say that news source I consider it a source of comedy any more, and bad comedy at that.

And speaking about this conversation, back ti the texts on the California Department of Corrections and their adventures with the Federal Court. Now supreme court cases ARE reliable. Or on edit, 9th District Court.

tazkcmo

(7,286 posts)
125. That's bull.
Mon Nov 30, 2015, 07:45 PM
Nov 2015

He did NOT get 60 years for driving without a license and you're willful ignorance and manufactured outrage is a direct assault to the very real, very true and very innocent PoC victims of ingrained, inbred and institutional racism that permeate our American society.

This young man has made some horrendous decisions in his life, been convicted of multiple felonies and has received more than one chance to save his own life. He blew it. Not the judge. Not the system.

Innocent, law abiding, productive American citizens are being beaten, shot, not hired and first fired everyday, hour and minute and you choose to make some stuff up. Pathetic.

Response to Bonx (Reply #114)

longship

(40,416 posts)
33. Calm down and see response #9.
Mon Nov 30, 2015, 03:41 PM
Nov 2015

This guy has multiple violent felonies. He was on parole. He knows he cannot have weapons, yet he did. He knows he is on parole subject to good behavior, yet he was also caught driving without a license .

This sentence is not about the latter. It is about the fact that this is a bad dude who is on parole with a history of multiple violent felonies who ignores his parole conditions. Weapon? Check. Drive without a license? Check.

Now one could argue against the 60 years, but I don't care if he's caucasian or black or whatever. I don't want this guy on the street.

So back to prison he goes. Correctly so.

 

KamaAina

(78,249 posts)
36. Ved-dy in-ta-resting.
Mon Nov 30, 2015, 03:43 PM
Nov 2015

Somehow I doubt that Destry is nearly as much of a hangin' judge when white defendants on gun charges are in his courtroom.

Bonx

(2,041 posts)
39. He's obviously a virulent racist
Mon Nov 30, 2015, 03:48 PM
Nov 2015

I mean, look at this awesome thread you've cooked up. It proves it.

 

KamaAina

(78,249 posts)
42. He does indeed have a reputation as a virulent racist
Mon Nov 30, 2015, 03:51 PM
Nov 2015

From the change.org petition:

On Tuesday November 24, 2015 a young man by the name of Herbert Smith was sentenced to 60yrs in prison for a simple violation of probation due to a drivers license suspension charge, by Judge Matthew Destry of the Broward County Clerk of Courts. This judge has been known for over sentencing people of color I’ve read several articles and several people have spoken about this judge as far as to how they were unfairly treated. We will not sit around and allow these types of injustices to go on we want justice. Minimum mandatory sentencing guidelines are a violation of our constitutional rights it gives the judge the right to lock people away and throw away the key, I’ve seen murderers and rapist get less harsher sentences, This judge is unfair and needs to be removed from the bench because he doesn’t have the best interest for people of color. Please sign this petition if you fully understand why it’s important to stand up against inequality and injustice in the courts.

Bonx

(2,041 posts)
44. I would use change.org petitions for all my 'He's a RACIST!!!" needs
Mon Nov 30, 2015, 03:54 PM
Nov 2015

if that made any sense whatsoever.

 

uhnope

(6,419 posts)
124. LOL. yr proof is the same lack of proof. I think yr working for the other side, actually.
Mon Nov 30, 2015, 07:28 PM
Nov 2015

I think you want to make fighters for social justice look bad. To make anti-racists look bad. & you're doing a good job.

longship

(40,416 posts)
43. I did say that I wasn't judging the 60 year sentence.
Mon Nov 30, 2015, 03:51 PM
Nov 2015

Just the fact that unlike some people who either cannot read or make a simple click through think, this guy was not sentenced to 60 years for merely driving on a suspended license.

He is quite a bad dude on parole, caught with a weapon, and driving with a suspended license.

So back he goes to prison. Pretty simple.

The 60 years in an entirely different matter.

Again, it is not for merely driving with a suspended license!

OP has a horribly misleading title.

longship

(40,416 posts)
109. That is for the judge and appeals court to decide.
Mon Nov 30, 2015, 06:06 PM
Nov 2015

He is a paroled felon who violated his parole. So he's going back to prison. Done deal.

The only question is for how long. The judge says 60 years. I imagine this will be appealed, so it will up to the appeals court judge or judges.

And although I do not know the specifics beyond the fact that this guy has a very troubling rap sheet, I think 60 years is likely excessive and he should get it reduced on appeal.

Otherwise, this guy belongs back in prison for parole violation, if the facts I have read are correct.

It really is simple. That is how the system works. You break your parole; you go back to prison.

 

Android3.14

(5,402 posts)
37. This wasn't about driving with suspended license
Mon Nov 30, 2015, 03:46 PM
Nov 2015

It looks like there is a serious repeat offense issue occurring here, including weapons violations. Maybe there's racism involved, maybe not, but it seems pretty obvious that the original article/petition is meant to deceive the reader.

#t=103
 

951-Riverside

(7,234 posts)
46. +1. I'm waiting for another source. I know very little about this Counter Current News blog
Mon Nov 30, 2015, 03:57 PM
Nov 2015

For all I know this is just a ploy from his defense attorney to get his client a lighter sentence.

I have know more about this guy and his history before I buy into any of this.

Bonx

(2,041 posts)
48. Here's everything you need to know about countercurrentnews.com
Mon Nov 30, 2015, 04:01 PM
Nov 2015

"Legal Disclaimer For Website Content

Information on this Web site is provided for information purposes only. Any information obtained from this Web site should be reviewed with appropriate parties if there is any concern about the details reported herein. We are not responsible for any inaccuracies if they are not reported to us."

randys1

(16,286 posts)
40. If the kid (young man) has a felony, no surprise there, African Americans are felonized by our
Mon Nov 30, 2015, 03:50 PM
Nov 2015

institutional racism

Waldorf

(654 posts)
108. Blame the system? I blame the person committing the crimes. See post #82. The guy is a repeat
Mon Nov 30, 2015, 06:01 PM
Nov 2015

criminal and deserves the jail time.

 

Tipperary

(6,930 posts)
117. This guy is not a victim.
Mon Nov 30, 2015, 06:39 PM
Nov 2015

Read the list of his crimes. And even when he was given a chance and got out on parole, he stole a gun, drove with a suspended license...he is a criminal, and not a very intelligent one either.

Vinca

(50,170 posts)
45. What a fool.
Mon Nov 30, 2015, 03:54 PM
Nov 2015

Imagine what it would cost to keep this young man in prison for 60 years. The judge should be ordered to foot the bill if he's going to hand out stupid sentences like that. Surely this can be overturned. It's ridiculous.

 

nadinbrzezinski

(154,021 posts)
47. He has a criminal history, this was not just for a suspended drivers licence
Mon Nov 30, 2015, 03:58 PM
Nov 2015

this was a violation of parole.

That said, this brings in my mind the obvious question. If the goal of your legal system is to INCAPACITATE felons and always assume they are to no good, this sentence makes all the sense in the world. If your goal is to REHABILITATE prisoners and you believe that some good can be done and that they can be reinstated in society... then this is not a sentence that makes any sense whatsoever.

Now I will leave this to you to answer what is the goal of the legal system. Oh and the news source left significant elements off the story. Why I rarely rely on them for the color of the sky, let alone serious news stories.

NightWatcher

(39,343 posts)
49. The title is intentionally misleading. He violated supervision and committed multiple felonies.
Mon Nov 30, 2015, 04:02 PM
Nov 2015

Ted Bundy was stopped for a parking ticket but executed for being a serial killer.

This story is misleading and dishonest.

Erich Bloodaxe BSN

(14,733 posts)
103. As soon as I saw the words 'violated probation' I knew there was more to the story.
Mon Nov 30, 2015, 05:40 PM
Nov 2015

You don't get sentenced to 60 years for driving with a suspended license. But if you violate probation, you tend to get all of the years for other crimes you committed thrown back at you.

tclambert

(11,080 posts)
51. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
Mon Nov 30, 2015, 04:03 PM
Nov 2015

inflicted. -- The eighth amendment to the Constitution of the United States of America

I can recite that from memory when I want to show off. I keep forgetting the part where it says, "Except for black people," though.

Paper Roses

(7,468 posts)
55. Unbelievable. And Bush and CO. walk free.
Mon Nov 30, 2015, 04:17 PM
Nov 2015

I remember an incident years ago when a woman in Texas was jailed for stealing a few cans of baby food. We, as a nation, are sick!!!
This should not stand!

4139

(1,893 posts)
58. The story is bogus!
Mon Nov 30, 2015, 04:23 PM
Nov 2015

CHARGE(S) INFORMATION
Charge Number: 1
Case Number:
Statute: 790.23-1a
Description: POSS OF WEAPON OR AMMO BY CONVICTED FLA FELON
Charge Comment:
Charge Status: NO INFO
Bond Type: NA
Bond Amount: 0.00
Disposition: NO INFORMATION
Projected Sent. End Date*:
Charge Number: 2
Case Number:
Statute: 322.34-2a
Description: DRIVE WHILE LICENSE SUSPENDED - FIRST OFFENSE
Charge Comment:
Charge Status: N/C
Bond Type: NC
Bond Amount: 0.00
Disposition:
Projected Sent. End Date*:
Charge Number: 3
Case Number:
Statute: 316.2953
Description: SIDE WIND/REST SUNSCREEN
Charge Comment:
Charge Status: N/A
Bond Type: NA
Bond Amount: 0.00
Disposition:
Projected Sent. End Date*:
Charge Number: 4
Case Number:
Statute: 316.2953
Description: SIDE WIND/REST SUNSCREEN
Charge Comment:
Charge Status: N/A
Bond Type: NA
Bond Amount: 0.00
Disposition:
Projected Sent. End Date*:
Charge Number: 5
Case Number:
Statute: 316.2952(2)(B)
Description: IMP SUNSCRN AT TOP OF WNDSHLD
Charge Comment:
Charge Status: N/A
Bond Type: NA
Bond Amount: 0.00
Disposition:
Projected Sent. End Date*:
Charge Number: 6
Case Number: 11007659CF10A
Statute: 948.06
Description: PROBATION VIOLATION OR COMMUNITY CONTROL/FEL/MISD
Charge Comment: VOP-ROBB. NO GUN/DDLY WPN
Charge Status: SENTENCED STATE
Bond Type: NA
Bond Amount: 0.00
Disposition: STATE SENTENCED
Projected Sent. End Date*:
Charge Number: 7
Case Number: 12008353CF10A
Statute: 948.06
Description: PROBATION VIOLATION OR COMMUNITY CONTROL/FEL/MISD
Charge Comment: VOP-BURG/DWELL/OCCUP.CONVEY; GRAND THEFT; FACILITATE BURGLARY
Charge Status: SENTENCED STATE
Bond Type: NA
Bond Amount: 0.00
Disposition: STATE SENTENCED
Projected Sent. End Date*:
Charge Number: 8
Case Number: 12009067CF10A
Statute: 948.06
Description: PROBATION VIOLATION OR COMMUNITY CONTROL/FEL/MISD
Charge Comment: VOP-GRAND THEFT FIREARM; BURGLARY ARMED W/ EXP OR WEAPON
Charge Status: SENTENCED STATE
Bond Type: NA
Bond Amount: 0.00
Disposition: STATE SENTENCED
Projected Sent. End Date*:
Charge Number: 9
Case Number: 12011969CF10A
Statute: 948.06
Description: PROBATION VIOLATION OR COMMUNITY CONTROL/FEL/MISD
Charge Comment: VOP-FACILITATE BURGLARY; GRAND THEFT FIREARM; GRAND THEFT
Charge Status: SENTENCED STATE
Bond Type: NA
Bond Amount: 0.00
Disposition: STATE SENTENCED
Projected Sent. End Date*:
Charge Number: 10
Case Number: 12011970CF10A
Statute: 948.06
Description: PROBATION VIOLATION OR COMMUNITY CONTROL/FEL/MISD
Charge Comment: VOP-FACILITATE BURGLARY; BURG/DWELL/OCCUP.CONVEY
Charge Status: SENTENCED STATE
Bond Type: NA
Bond Amount: 0.00
Disposition: STATE SENTENCED
Projected Sent. End Date*:
Charge Number: 11
Case Number: 12012284CF10A
Statute: 948.06
Description: PROBATION VIOLATION OR COMMUNITY CONTROL/FEL/MISD
Charge Comment: VOP-FACILITATE BURGLARY; GRAND THEFT ; BURG/DWELL/OCCUP.CONVEY
Charge Status: SENTENCED STATE
Bond Type: NA
Bond Amount: 0.00
Disposition: STATE SENTENCED
Projected Sent. End Date*:
Charge Number: 12
Case Number: 11006119CF10A
Statute: 948.06
Description: PROBATION VIOLATION OR COMMUNITY CONTROL/FEL/MISD
Charge Comment: GRAND THEFT MOTOR VEHICLE
Charge Status: SENTENCED STATE
Bond Type: NA
Bond Amount: 0.00
Disposition: STATE SENTENCED
Projected Sent. End Date*:


http://arrest-mugshot-search.com/mugshot/FL/Main-Jail/2015-Oct-07/8876301/Herbert-Smith

 

KamaAina

(78,249 posts)
60. You've got to wonder why he was pulled over in the first place
Mon Nov 30, 2015, 04:25 PM
Nov 2015

It's not like cops have some high-tech scanner that beeps when it's near a suspended license. Nope, probably a routine DWB.

Bonx

(2,041 posts)
66. I wonder why you are continuing to slander this guy
Mon Nov 30, 2015, 04:41 PM
Nov 2015

with no evidence.
That seems like something a rotten person would do.

Bonx

(2,041 posts)
75. Or you think someone may have said they heard someone saying
Mon Nov 30, 2015, 04:46 PM
Nov 2015

they thought they heard that someone was acting like a racist.

 

uhnope

(6,419 posts)
123. you got it. The OP just wants to increase divisions between people and call everyone racist
Mon Nov 30, 2015, 07:20 PM
Nov 2015

and doesn't care if it's all based on a lie.

Heeeeers Johnny

(423 posts)
104. Actually, they do have some high-tech scanner (sort of)
Mon Nov 30, 2015, 05:47 PM
Nov 2015

Automatic License Plate Reader/Recognition cameras can return all sorts of data regarding a vehicle and or
the owner of the vehicle...

In the United States, ANPR systems are more commonly referred to as ALPR (Automatic License Plate Reader/Recognition) technology, due to differences in language (i.e., "number plates" are referred to as "license plates" in American English)

Mobile ANPR use is widespread among US law enforcement agencies at the city, county, state and federal level. According to a 2012 report by the Police Executive Research Forum, approximately 71% of all US police departments use some form of ANPR.[33] Mobile ANPR is becoming a significant component of municipal predictive policing strategies and intelligence gathering,[34] as well as for recovery of stolen vehicles, identification of wanted felons, and revenue collection from individuals who are delinquent on city or state taxes or fines, or monitoring for "Amber Alerts". Successfully recognized plates may be matched against databases including "wanted person", "protection order", missing person, gang member, known and suspected terrorist, supervised release, immigration violator, and National Sex Offender lists.[35] In addition to the real-time processing of license plate numbers, ALPR systems in the US collect (and can indefinitely store) data from each license plate capture. Images, dates, times and GPS coordinates can be stockpiled and can help place a suspect at a scene, aid in witness identification, pattern recognition or the tracking of individuals.

An early, private sector mobile ANPR application has been applications for vehicle repossession and recovery[36]), although the application of ANPR by private companies to collect information from privately owned vehicles or collected from private property (for example, driveways) has become an issue of sensitivity and public debate.[37] Other ALPR uses include parking enforcement, and revenue collection from individuals who are delinquent on city or state taxes or fines. The technology is often featured in the reality TV show Parking Wars featured on A&E Network. In the show, tow truck drivers and booting teams use the ALPR to find delinquent vehicles with high amounts of unpaid parking fines.


https://en.wikipedia.org/wiki/Automatic_number_plate_recognition#United_States

I have no idea if that's what happened in this case, but the point is that all it takes is a second or two for a
cop to see any pending warrants, infractions, suspensions, non-payment, etc.

Some scary stuff for anyone, criminal or not.

Heeeeers Johnny

(423 posts)
111. Did you read what I posted?
Mon Nov 30, 2015, 06:08 PM
Nov 2015

My main point didn't focus on the person arrested, rather I pointed out that yes, the
technology and scanners do exist that can discern if there are any legal/illegal issues
regarding the vehicle and or registered owner.

It's not like cops have some high-tech scanner that beeps when it's near a suspended license.


The usefulness of the technology goes way beyond "expired plates".

Depending on the particular software in use by an agency, any 'hit' detected by the scanners
can return any number of variables regarding the vehicle and/or the registered owner, everything
from outstanding warrants, unpaid traffic fines/parking tickets, no insurance, no license/suspended
license, expired safety inspection, etc.

bluedigger

(17,077 posts)
126. I think it's right there in the charges (post #58 above).
Mon Nov 30, 2015, 07:55 PM
Nov 2015

"IMP SUNSCRN AT TOP OF WNDSHLD " and "SIDE WIND/REST SUNSCREEN". His windows were probably tinted too dark.

xocet

(3,870 posts)
62. Unfortunately, the news source that you believed omitted a lot: i.e., parole, felonies, weapon, etc.
Mon Nov 30, 2015, 04:30 PM
Nov 2015

n/t

 

KamaAina

(78,249 posts)
63. This is Florida. Who gets 60 years for a weapons charge down there?
Mon Nov 30, 2015, 04:31 PM
Nov 2015

Not Zimmermann, for instance. Oh, right. He's not black.

xocet

(3,870 posts)
64. What are you arguing? Start with facts and argue from there. Then people will say - yeah 60 yrs...
Mon Nov 30, 2015, 04:38 PM
Nov 2015

that does seem excessive or they won't. As it is, the story is easy to dismiss, because readers of the OP may feel that they have been lied to.

It seems that you swallowed the original story hook, line and sinker.

Waldorf

(654 posts)
87. Seems he got the maximum possible sentence because he is a repeat criminal.
Mon Nov 30, 2015, 05:10 PM
Nov 2015

Previous arrests:
POSS OF WEAPON OR AMMO BY CONVICTED FLA FELON
Robbery
Burglary
Armed Burglary (multiple charges)
Grand Theft Auto
 

LittleBlue

(10,362 posts)
77. 9 felony convictions by age 23? Hell no, he can stay in prison
Mon Nov 30, 2015, 04:53 PM
Nov 2015

Letting him loose just gives him more opportunities to terrorize his community even further. Also do we know if that time is concurrent or consecutive? Because someone claimed that it's actually 15 years per felony and he's serving them concurrently, meaning he has 15 years or parole, whichever comes sooner.

This is a classic case of deception by a family who raised an absolutely menace to their community. Don't fall for it.

struggle4progress

(118,041 posts)
82. Is this Herbert Lee John Smith DOB 03/27/1992?
Mon Nov 30, 2015, 05:03 PM
Nov 2015

09/14/2009 - Operating W/O Valid License
09/14/2009 - Fail To Stop Steady Red Signal
04/28/2011 - Trespass Structure/Conveyance
05/03/2011 - Crimin Mischief Damage $1000+
05/03/2011 - Robbery / No Weapon
07/12/2011 - Susp Drivers Lic 1st Offense
08/25/2011 - Resist/Obstruct W/O Violence
04/12/2012 - Burglary Conveyance Armed
04/12/2012 - Grand Theft Firearm
04/12/2012 - Burglary Conveyance Unoccup
12/31/2014 - Fail Wear Safety Belt/Operator
12/31/2014 - Improper Parking Two Way Road
12/31/2014 - Robbery / No Weapon rearrest probation violation
07/11/2015 - Speed Posted Municip/State Rd-Driver
07/11/2015 - Disobey/Ran Stop Sign
07/21/2015 - Careless Driving
08/08/2015 - Fail to Obey Traffic Sign
10/07/2015 - Susp Drivers Lic 1st Offense
10/07/2015 - Poss Wep Conv Felon
10/07/2015 - Side Wind/Rest Sunscreen
10/07/2015 - Side Wind/Rest Sunscreen
10/07/2015 - Imp Sunscrn At Top Of Wndshld
10/08/2015 - Robbery / No Weapon rearrest probation violation














Ace Rothstein

(3,109 posts)
91. That is quite the record.
Mon Nov 30, 2015, 05:16 PM
Nov 2015

If it is the same guy, he deserves a lengthy sentence. Maybe not 60 years but 20-25 years.

Freddie Stubbs

(29,853 posts)
84. "The sentencing judge, Matthew Destry, presides over the Broward County Clerk of Courts."
Mon Nov 30, 2015, 05:06 PM
Nov 2015

No, he does not.

Howard Forman is the Clerk of Courts for Broward County. This is an elective office mandated by the Florida Constitution which is independent of the judiciary.

But who cares about facts as long as you can write a biased article which omits important facts in order to get people riled up?

Freddie Stubbs

(29,853 posts)
93. Judge Destry does not "preside over" the Clerk of Courts
Mon Nov 30, 2015, 05:18 PM
Nov 2015

He isn't even the Administrative Judge for the circuit.

 

KamaAina

(78,249 posts)
95. Okay, so the petitioner doesn't know the ins and outs of the Broward County judicial system
Mon Nov 30, 2015, 05:20 PM
Nov 2015

Does that somehow justify the 60-year sentence?

Freddie Stubbs

(29,853 posts)
98. It's not the petitioner, it's the author of this bogus article who doesn't know his head from a hole
Mon Nov 30, 2015, 05:24 PM
Nov 2015

in the ground.

 

KamaAina

(78,249 posts)
86. Note that he was on probation for the weapons charge at the time.
Mon Nov 30, 2015, 05:08 PM
Nov 2015

Another judge had presumably granted him probation, as opposed to sentencing him to 60 years.

Hepburn

(21,054 posts)
96. Thanks for the info on the charge.
Mon Nov 30, 2015, 05:21 PM
Nov 2015

Wish I had looked at your post directly above mine before I posted and then tried to find the pending charges.

That can be a serious charge...but given the fact that he got probation, seems like there had to have been some mitigating factors with the original judge that the current judge did not consider.

IMO, the sentencing should be appealed. IMO, and abuse of discretion. Wow, probation for a weapons charge and 60 years for driving with a suspended license!

Hepburn

(21,054 posts)
92. What was the underlying charge for the probation?
Mon Nov 30, 2015, 05:16 PM
Nov 2015

With a POV, some times the prison time is reinstated and the defendant is not only incarcerated on the original sentence, but has added time for the violation. However, I am having a problem with a 60 year sentence hanging over a guy this young who is on probation for a crime that warrants a sentence of this length...does not compute. Seems to me there is something wrong here.

JMHO

 

LittleBlue

(10,362 posts)
99. Here are his prior charges noted in post 35
Mon Nov 30, 2015, 05:31 PM
Nov 2015

http://arrest-mugshot-search.com/mugshot/FL/Main-Jail/2015-Oct-07/8876301/Herbert-Smith

Previous arrests:
POSS OF WEAPON OR AMMO BY CONVICTED FLA FELON
Robbery
Burglary
Armed Burglary (multiple charges)
Grand Theft Auto

Hepburn

(21,054 posts)
118. Bit of a sleeve there.
Mon Nov 30, 2015, 06:41 PM
Nov 2015

However, I still cannot see the 60 years. Something does not compute with this.

Waldorf

(654 posts)
116. Except its looking like it isn't. The guy has lots of arrests, including burglary, grand theft of a
Mon Nov 30, 2015, 06:35 PM
Nov 2015

firearm, grand theft auto, possession of a firearm and ammo while a felon, repeat parole violations, and it appears this latest parole violation is the final straw that broke the camels back. Good riddance I say.

 

Kang Colby

(1,941 posts)
134. Good. Why wasn't he given 60 years the first time he
Tue Dec 1, 2015, 08:24 PM
Dec 2015

was convicted of armed robbery? In context, sixty years seems like a light sentence for what he originally did.

Township75

(3,535 posts)
135. One less gun nut on the street. He didn't want to give up his guns, now he will go to jail for it.
Tue Dec 1, 2015, 08:26 PM
Dec 2015

We can only hope he won't be the last!

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