Daniel Weisberger, the man convicted of killing his brother Pascal and the attempted killing of his father Ari, was given a second chance at life by Judge Mark Jones inside the Key West courtroom on Monday.
Jones sentenced Weisberger to four years and 11 months in prison, but he’ll get credit for the time he’s been incarcerated since the attacks in May 2020. As a result, Weisberger won’t be spending any time at a prison.
Jones, however, sentenced Weisberger to the mental health treatment facility in PassageWay, where he will receive supervised care and treatment for two years. He also received 40 consecutive years of probation.
Weisberger will remain at the Monroe County jail on Stock Island until he’s transferred to PassageWay, a Miami-Dade facility providing supervised treatment to chronically mentally-ill individuals who have been in the criminal justice system.
In late January, Jones found Weisberger guilty of second-degree murder in the stabbing death of his brother, 14-year-old Pascal, inside their Islamorada home during the early morning of May 7, 2020. Weisberger, who was 17 at the time of attacks, was also found guilty of first-degree attempted murder in the stabbing attack on his dad shortly after killing Pascal.
In the courtroom, the defense asked the judge to consider a sentence committing Daniel to a mental health facility, not a lifetime prison sentence. Defense counsel for Weisberger told the judge he wasn’t in his right mind when he committed the attacks on his brother and father. Daniel is receiving treatment for schizophrenia. He’s also dealt with post-traumatic stress disorder since 2016.
The defense’s request was something Jones heard, from many witnesses who knew the family, during the sentencing hearing which began on April 16.
Prosecutors from the Monroe County State Attorney’s Office recommended the court sentence Daniel to life in prison. They noted he wasn’t deemed legally insane by the court. They also stated that a letter he wrote after the attacks showed he knew what he was doing.
State Attorney Dennis Ward told Keys Weekly that he disagrees with the sentencing Jones handed to Weisberger.
“My job, and his job, is to ensure the safety of the community,” Ward said. “This guy is violent. The crime he committed was horrible and violent. It was practical beheading of his brother.”
Jones deliberated for roughly an hour before delivering the sentence.
“This indeed has been one of the most unique, tragic and complicated cases I have ever presided over in my 28-plus-year career as judge,” Jones said.
Jones added he’s never seen as many letters from community members who want Daniel to get help.
Poholek told Keys Weekly he was pleased with the sentencing from Jones.
“I’ve said from the beginning of this tragic situation, that as terrible as losing Pascal has been, given the overall circumstances of this case and particularly Daniel’s age, mental illness, history of being abused as well as family and community support which has existed for him, a unique approach was needed.”
See Thursday’s Keys Weekly Newspapers for the full story.
