Following a series of delays, Daniel Weisberger will stand trial in the alleged stabbing death of his younger brother inside their Islamorada residence on May 7, 2020.
A jury trial was initially scheduled on Nov. 7, 2024 at the Plantation Key Courthouse before Judge Luis Garcia. The prosecution filed a motion, however, to delay the trial having received a large number of health files on Daniel. That motion was granted by the court, which pushed the trial to 2025 before a new judge as Garcia retired last November.
Now, the trial for Weisberger, the 21-year-old who’s facing second-degree murder and first-degree attempted murder charges, won’t be in the Upper Keys and will not be decided by a jury. During a Jan. 7 hearing, the attorneys agreed to proceed with a bench trial beginning Tuesday, Jan. 14 at the Key West Courthouse. Judge Mark Jones will now decide the facts of the case and apply the law.
If convicted, Weisberger could spend the rest of his life behind bars.
Weisberger, who was 17 at the time, is accused of stabbing 14-year-old Pascal to death and injuring his father, Ariel Poholek. Daniel fled from the scene and was captured later that evening after attempting to run into vehicles on U.S. 1 near Executive Bay Club. He was transported to a Miami hospital for injuries he sustained when he ran into a truck. He was eventually transported to the county jail on Stock Island. He was later placed in the care of the state Department of Children and Families.
In 2022, the court declared Daniel was incompetent to stand trial following a series of mental and neurological evaluations. By July 2023, the South Florida State Hospital filed an evaluation stating Daniel was competent. The court ordered Weisberger to remain with DCF to receive appropriate care and treatment until his case is resolved so his competency can be assured at the time of trial.
Daniel’s counsel is seeking a verdict of not guilty by reason of insanity. Daniel’s dad, Ariel Poholek, has long fought to keep his remaining son from spending the rest of his life in prison. During a court hearing last year, a motion was approved to gag Poholek and his immediate family from speaking to the media on details surrounding the case. But he’s still able to utilize social media to share sentiments, and he hopes that the court understands what he recently stated on his Facebook to be “considerable care and support that our community has expressed for our family’s fight for Daniel.”
A petition created by Poholek on change.org that seeks a plea of not guilty by reason of insanity has just over 7,900 signatures. Poholek has said Daniel suffers from mental illness and was a victim of abuse at the time of the incident.
