A Pompano Beach man who was sentenced to 60 years in prison for violating his probation in a string of burglary, theft and robbery cases caught a break Thursday when the judge agreed to suspend his sentence.
Herbert Smith, 23, will have to get a full-time job within 30 days, or prove he's trying to, Broward Circuit Judge Matthew I. Destry ruled. And if Smith violates the conditions of his release between now and 2030, the next judge he faces will reinstate the 60-year prison sentence.
Destry's ruling was a victory for Smith's friends and family, along with members of the community who thought a 60-year sentence was too harsh under the circumstances. But Destry, agreeing with prosecutor Joshua Kushner, told the packed courtroom Thursday that Smith represented a threat to the community that needed to be neutralized.
"Clearly prison has had no effect on Herbert Smith," Destry said. "He has no regard for probation. No fear of the consequences if he violates … I did what I had to do to protect the public. I sentenced him to 60 years. I knew that would eliminate the threat — it would take him off the streets, and the community would no longer be at risk."
What changed Destry's mind between the Nov. 24 sentencing and Thursday's mitigation hearing was the input from members of the community. Activists Vicente Thrower and the Rev. Alan B. Jackson, who had never met Smith before Thursday, vowed to offer him mentoring services to keep him out of trouble.
Smith pleaded guilty in September 2012 to criminal charges in seven cases ranging from burglary to strong-arm robbery. A repeated tactic he used was to cut the power lines to a home before he and his accomplices broke in to steal.
At the time of the plea, Destry designated Smith a youthful offender and sentenced him to two years in prison followed by four years of probation.
"I thought if I gave you a taste of prison, you would never want to go back," Destry said Thursday. "I was wrong."
Last year, prosecutors decided not to charge Smith with drug possession after finding him behind the wheel of a BMW with a "strong smell of marijuana" coming from inside the vehicle, Destry said.
But in October, Smith's luck appeared to run out. Deputies caught him driving with a suspended license, with a convicted felon as a passenger and a full clip of ammunition tucked in the netting behind the driver's seat. Kushner said the car's glove compartment was filled with stolen watches and checks, and that Smith's phone contained numerous recent pictures of him posing with large amounts of cash and with firearms.
Smith had also stopped reporting to his probation officer, Kushner said. "Mr. Smith has laughed at this court," Kushner said. "And it still appears he's committing crimes."
Smith faced a minimum of 13.8 years in prison and a maximum of life. When Destry imposed the 60-year sentence, Smith's family and friends started a petition asking for the judge's removal.
But in court, defense lawyer Brian Greenwald only asked Destry to focus on the possibility of rehabilitating Smith rather than penalizing him.
Smith apologized to Destry for his actions and asked for another chance. Destry gave it, with a warning.
"Mr. Smith, you have become a symbol of a young man at a crossroads," he said. "Which path will you choose? Because it's not just me watching you. Now, everyone knows you."
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