Teen Killer Weeps as Judge Seals Fate for Movie Night Murder

[00:00:00] Speaker 1: All right, for the record of the state's present defense counts, the defendant or present, I have reviewed the statute that was last mentioned regarding the minimum mandatory sentence. It does appear from our reading of the statute, 775.087, subsection 12A, maybe, let me get back to it. It does indicate a 10-year minimum mandatory sentence for the attempted robbery with a firearm on each of those. So, I believe defense counsel is correct on that. The state would agree. I just got the wrong number caught in my head, so I appreciate it. Um, and I'll just put that on. [00:00:44] Speaker ?: Let's see. [00:00:44] Speaker 1: Yes, it's 7-7, supporter statute 775.087, subsection 2, subsection A, subsection 1 indicates that. [00:01:02] Speaker ?: Alright. [00:01:03] Speaker 1: Uh, yes, it's 7-7, supporter statute 775.087, subsection 2, subsection A, subsection 1 indicates that. Alright. [00:01:15] Speaker ?: Alright. Uh, was there anything else from either the state or the defense regarding sentencing? [00:01:15] Speaker 1: No, no, no. [00:01:16] Speaker ?: Alright. Alright. Uh, was there anything else from either the state or the defense regarding sentencing? No, no. No, no. Nothing from the state. Alright. And Mr. Stein, is there anything else you wanted to address with the court prior to the court pronouncing sentence? No, no. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Alright. [00:01:34] Speaker 1: Uh, was there anything else from either the state or the defense regarding sentencing? No, no. Nothing from the state. Alright. And Mr. Stein, is there anything else you wanted to address with the court prior to the court pronouncing sentence? [00:01:51] Speaker 2: No. [00:01:52] Speaker 1: Okay. [00:01:53] Speaker ?: Okay. [00:01:54] Speaker 1: So, I have presided over the trial. I've listened to all of the testimony, the arguments. I've listened to the victim impact statements as well as the statements from Mr. Stein's family and the letters presented by his mother and Mr. Stein's own statements regarding sentencing. I have reviewed, uh, at the state's request, the Florida statute 921.1401, uh, based on the state's request for a life sentence, the factors that the court must consider. Uh, and in that statute, 921.1401, subsection 2, A through J are the following circumstances the court must consider. It says, in determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence, the court should consider factors relevant to the offense and the defendant's youth and intended circumstances, including but not limited to, and I'll go through each of these factors. A, the nature and circumstances of the offense committed by the defendant. The jury found, uh, Mr. Stein guilty, uh, of the offenses charged in counts one through four, and that he did actually possess a firearm. The nature of the offense was, uh, violent in nature, terrorizing to the victims based on their testimony, uh, and certainly tragic in all, all manner. The victims had done nothing to, uh, encourage violence against them. They did not participate in any way in, uh, having an altercation with the defendant or the co-defendant. Uh, that they, uh, were innocent young women walking home from a movie. Uh, which used to be parents were comfortable letting their children out at night or out of the house and be out in the streets. Uh, and most parents in this community for many years felt that their children were safe. This is the kind of crime that makes parents afraid to let their children out at night. And certainly had an impact on the victims and an impact on the community as well. And that addresses the character or subsection B, the effect of the crime on the victim's family and on the community. Subsection C, the defendant's age, maturity, intellectual capacity, and mental and emotional health at the time of the offense. Um, the defendant was 16 years old, uh, had, based on the evidence and testimony, an apparent knowledge and comfort, uh, with firearms. That he knew what they were, he knew what they did, uh, and, um, was not something that was foreign to him in possessing or using a firearm. Uh, his age, even though 16, uh, his maturity based on, uh, evidence was that he drove a car, was provided a vehicle. Uh, he was capable of doing many things that 16 year olds can do and maybe even a little bit more because he had developed a sense of independence, uh, after his father had passed. Leading into subsection D, the defendant's background, including his or her family home and community environment. Certainly from the testimony, uh, the defendant had a supportive family. He had many responsible adults and caring brothers and, uh, other family members that were there for him. And he had those resources available to him, up to and including through, uh, today. While his family faced tragedy and Mr. Stein himself, I'm sure, suffered that tragedy of his father's loss. Uh, families faced tragedies and yet are able to come together and support each other and help each other get through that and still remain productive members of society. Uh, so he had a significant family support, uh, in his background and the court notes that. Subsection E, the effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant's participation in the offense. Uh, reviewing the testimony and trial and statements made, uh, today as well. The defendant really was more mature in some ways because of the loss of his father and, uh, his obligation that he seemed to express to step up and help provide in the family and take care of siblings. and do things that many people at 16 don't have to do. And so he developed that ability and showed that. And so his level of maturity actually was probably more than that of a 16 year old. Uh, as far as his failure to appreciate risks and consequences on his. Defendant's participation in the offense, it is shown that he did have prior interaction with law enforcement, uh, as a juvenile with the burglary of the convince. So he understood that there were rules, laws, and then if you broke them, there were consequences. So he was not unaware of that. And so the court finds that he did have sufficient maturity, uh, and ability to appreciate the risks and consequences of his participation in this offense. F is the extent of the defendant's participation in this offense. The defendant had opportunities to not have this offense happen. Uh, it was noted in the trial by the court, uh, that the evidence of the video showing the vehicle that he drove passed by the victims more than once. He didn't have to come back. Now, I understand the defense's argument that he was influenced by those in the vehicle, but he drove that vehicle. He brought that evil to the victims. And he had the choice to do that on more than one occasion or to avoid that. The effect, so, subsection G, the effect of, if any, of familial pressure or peer pressure on the defendant's actions. The court notes there may have been some peer pressure, uh, on the defendant. However, again, he had opportunities to get away from that pressure to avoid this incident and prevent it from happening. Age, the nature and extent of the defendant's prior criminal history, very limited. We have the one offense that was noted as juvenile for burglary of a conveyance. J, the effect, if any, of characteristics attributable to the defendant's youth on the defendant's judgment. He was 16 years old at the date of this offense. He had a prior experience with law enforcement. He understood that there were laws and there were consequences of violating laws. He understood and appreciated the nature and the use of firearms. He had, there was a video and evidence of him holding a firearm, uh, pointing it, uh, into a camera, uh, making rap songs about it. Uh, he indicated that he was comfortable holding and using a firearm. In terms of the judgment or his youth, the effect of his youth on his judgment. It was noted in the pre-sentence investigation report that he said, if he had known this was going to happen, he would, he wouldn't have done it. Something to that effect, uh, or he wouldn't have participated. Uh, the evidence in this case shows there were signs all along that something bad was going to happen. It was indicated in the testimony in trial that the defendant, uh, and Mr. Horn had intended to go and commit car burglaries. Uh, yet it's also shown that there was a video of them taking firearms with them. Uh, and testimony that Mr. Stein provided Mr. Horn with a firearm. Uh, certainly if you, when you're 16 years old and you're getting in a car with someone else, and you give them a firearm with the intent to go commit crimes, there's an indication there that you understand that bad things can happen. So again, it wasn't something that was a surprise or came out of nowhere. There were different events and circumstances throughout that day and that night that tragedy was probably going to happen. Subsection, that was I, subsection J, the possibility of rehabilitating the defendant. There is that possibility based on testimony from his family. He's got a supportive family. He has indicated that, uh, he is remorseful and that he wants to do better, uh, in terms of his life. And that he wants to rehabilitate himself and, uh, become a productive member of society. That is possible. Uh, whether or not that happens will be up to Mr. Stein. So it is the considered judgment and sentence of this court. That Mr. Stein shall be sentenced to a term of life imprisonment in the Florida Department of Corrections with a 15 year review. Um, so we will have that opportunity to make that assertion in terms of rehabilitation after 15 years. And like I said, your possibility of being rehabilitated will be up to you. As for, and that is for count one, which was the first treaty murder with actual possession of a firearm, uh, as a principle. That comes with a minimum mandatory sentence of 25 years. Is that right? No, 10? 10 years. Uh, there'll be certain statutory fines, statutorily mandated fines, fees, and costs that accompany that. And I'll go into those in a minute. As to count two, attempted robbery, actual possession of a firearm. And let me just go back. [00:14:04] Speaker ?: I'm sorry. [00:14:04] Speaker 1: On count one, the jury had adjudicate, had found you guilty. And I previously adjudicated you guilty on that count. On count two, actual, I'm sorry. Attempted robbery with actual possession of a firearm, which is a second degree felony. Jury having found you guilty and me previously adjudicating you guilty on that count. Your sentence in that count will be 15 years in the Florida Department of Corrections. With a 10 year minimum mandatory sentence as part of that 15 years. That sentence will be consecutive to the sentence in count one. And in count four, attempted robbery, actual possession of a firearm, a second degree felony. The jury having found you guilty of that count and the court previously adjudicating you guilty. You will be sentenced to 15 years in the Florida Department of Corrections. With a 10 year minimum mandatory as part of that sentence. That count will be consecutive to count two. And in count four, attempted robbery, actual possession of a firearm, a second degree felony. The jury finding you guilty of that count and the court previously adjudicating you guilty on that count. Your sentence will be 15 years in the Florida Department of Corrections. With a 10 year minimum mandatory. That sentence will be consecutive to count three. As for the monetary obligations. There will be $413 in court costs. I believe as previously stipulated to. Cost of prosecution was $2,565.05. As for, is there any application fees? I will order restitution on each count reserve in any amount. There will be no contact with the victim's families or the victims. Were there any other terms or conditions? [00:15:58] Speaker 2: Nothing from the state now. [00:16:00] Speaker 1: I will have the state prepare an order based on my findings. [00:16:01] Speaker ?: Sure. As to the Florida Statute 921.1401. [00:16:01] Speaker 1: I believe that's all. Anything else from other events? [00:16:03] Speaker ?: Judge, because of the court's sentence on counts two, three, and four as a consecutive sentence, it goes in the face of what the court has ordered in count one. [00:16:03] Speaker 1: In terms of the 15 year review. [00:16:04] Speaker ?: In terms of the 15 year review. Even if that's the case. [00:16:05] Speaker 1: I will have to do some of my findings. I will have to do some of my findings. [00:16:07] Speaker ?: As to the Florida Statute 921.1401. [00:16:07] Speaker 1: I believe that's all. Anything else from other events? [00:16:09] Speaker 2: Judge, because of the court's sentence on counts two, three, and four as a consecutive sentence, it goes in the face of what the court has ordered in count one in terms of the 15 year review. Even if it comes back and the court finds that he hasn't rehabilitated himself, he has to serve an additional 45 years after the short name count one. I'd ask the court to consider making those a concurrent sentence. Okay. [00:16:48] Speaker 1: And I've, I've thought about it. I've considered it. And, uh, the sentence the courts impose is what I believe is appropriate under these circumstances. Um, so I will leave it the way I've ordered it. Um, I will, um, let's see. I will tell you, Mr. Stein, you have 30 days from today to file an appeal. If you can't afford an attorney for an appeal, won't be appointed for you and you will get fingerprinted and remanded. I will give you a few moments before you're taken out. You can, uh, say a few words to your family before you go. You just can't have any physical contact in the courtroom. Anything else from the state? [00:17:31] Speaker 2: All right. [00:17:32] Speaker 1: Anything else from the defense? [00:17:34] Speaker 2: Um, no, not today. [00:17:45] Speaker 1: I think if you want to, um, I mean, if you just file it through the, uh, portal, I think is way typically it's done. Um, but I think for today's purposes, um, he just needs to get fingerprinted. Um, make it, have a few words with his family and then get remanded. Uh, is that, I mean, you were able to do it back at the, uh, jail? [00:18:08] Speaker 2: Because my concern is he's going to be taking the software to reception before I get a chance to get over there and have to fill out the application. [00:18:15] Speaker 1: Um, any objection from the state or? I don't have an objection. [00:18:19] Speaker 2: I think it usually did is, uh, file a motion saying he's indigent for custom laid out. [00:18:23] Speaker 1: That's how I usually get it. We don't, we don't actually fill out the form to do that. [00:18:27] Speaker ?: Yeah. [00:18:28] Speaker 2: I can find that he has been incarcerated the whole time. [00:18:36] Speaker 1: I don't find any change in his income or circumstances in that regard. So I have no problem or finding that the defendant is indigent for those purposes at this time. That's sufficient for the record. And you can just put that in your proposed order. All right. Thank you. Thank you. And I'll just wait while he gets fingerprinted. [00:19:25] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. [00:20:25] Speaker 1: We'll be in recess. [00:20:50] Speaker ?: Thank you.