A second chance at life was given to Daniel Weisberger, the 22-year-old who was recently convicted of killing his younger brother Pascal.
Roughly an hour of deliberation on April 21 in a Key West courtroom led Judge Mark Jones to sentence Weisberger to a minimum two years in the mental health facility Passageway, plus 40 years probation.
Weisberger was facing the possibility of life in prison having been convicted in January of second-degree murder in the stabbing death of Pascal on May 7, 2020 inside their Executive Bay home. Weisberger, who was 17 at the time of attacks, was also found guilty of first-degree attempted murder in a stabbing attack on his dad, Ariel Poholek, shortly after killing Pascal.
Jones’ sentence included four years and 11 months in state prison. Weisberger won’t be spending any time at a prison facility because he’s getting credit for the time incarcerated since the attacks in May 2020.
As part of the sentencing, Weisberger will be required to wear an ankle monitor during probation. Weisberger received 40 years probation on the second-degree murder conviction and 25 years on the first-degree murder conviction, but Jones said they will run concurrently. He’s required to follow all recommendations from mental health counselors, and he also must take his anti-psychotic medicine and other medications.
In the courtroom, the defense asked the judge to consider a sentence committing Daniel to a mental health facility, not a lifetime prison sentence. Diane Ward, defense counsel for Weisberger, told the judge his mental capacity to understand the criminal nature of his conduct was diminished when he committed the attacks on his brother and father. Ward said Daniel began having mental issues at 4 years old. He’s dealt with post-traumatic stress disorder since 2016, and he’s currently receiving treatment for schizophrenia.
During testimony at trial, Poholek said his son exhibited bizarre behavior in the lead-up to the attacks at their Executive Bay residence. Poholek also called for mental counseling upon observing stab markings in the furniture and multiple knives hidden around the home.
Dr. Mark Mills testified during trial that he was of the opinion Daniel was in a psychotic state and suffered from schizophrenia on May 7, 2020. Mills’ opinion was supported by Dr. James Campbell, a psychologist who said during sentencing that Daniel had post-traumatic stress disorder from multiple complex traumas suffered at a young age, including his parents’ rough divorce.
The defense’s request was something Judge Jones heard from family and friends who took the stand during the sentencing hearing, which began April 16. Aidan Austin was a close friend of Pascal going back to their days in Boy Scouts. Appearing via Zoom during sentencing, Austin said he spoke to Daniel several times since the incident in an attempt to understand what happened — and why.
“The conversations were very hard, but Daniel is very clearly remorseful,” he said. “And it’s clear to me that he loves his brother. In some ways I see Pascal in him and it’s so strange.”
“I feel as though he’s owed a second chance at life,” Austin continued. “I feel as though I want him to not have his potential squandered because what I see is a troubled young man who could not fathom the pain and mental anguish he suffered, which has caused him to do things beyond the breadth of his control.”
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.
Jones ultimately agreed with the defense counsel’s request for a sentence that didn’t include life in prison.
“He was substantially impaired. To me it’s loud and clear,” Jones said. “This teenager was troubled, he was having serious problems. I know the state advocated somehow it came in after the fact; I don’t agree with that observation.”
“This indeed has been one of those most unique, tragic and complicated cases I have ever presided over in my 28-plus career as judge,” Jones said.
State attorney, Weisberger’s dad react to sentence
Monroe County State Attorney Dennis Ward told Keys Weekly he disagrees with Jones’ sentence. Ward said he was in attendance for the two days of sentence hearings and saw Jones leaning in the direction of mental health treatment and no extended prison time.
“That’s his opinion,” Ward said. “My job, and his job, is to ensure the safety of the community.”
Ward noted the violent actions by Daniel on the morning of May 7, 2020 which left Pascal dead and his father fighting for his life.
“This guy is violent,” he said. “The crime he committed was horrible, it was almost a practical beheading of his little brother.”
Overall, Ward said he believes the obligation to protect the community didn’t come to fruition.
“I hope this kid does not harm anybody in the community, that would be the best bet,” he said. I hope Judge Jones is right.”
Poholek, Daniel’s father, said he was relieved and appreciative of Jones’ judgement. Despite being the victim of an attack by his son, Poholek was a strong advocate for Daniel receiving the necessary mental health treatment and support as opposed to life behind bars.
“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 community support which has existed for him, a unique approach was needed,” he said.
Poholek added Jones laid out the rationale he put into his compassionate decision.
“It’s clear that he’s someone who takes his role and responsibilities very seriously but is also willing to think outside the box when justice in its truest form calls for it,” Poholek said.
Daniel pens letter to judge
Before the sentencing, Daniel wrote a letter to Judge Jones regarding his mental health struggles, the tragedy he caused and his love for his brother Pascal.
“I once was a cautious young boy who later became lost while trying to find my way to becoming a man due to my struggles with the adversity of trauma and mental illness,” he said.
In his letter, Daniel said he wants to pursue a more positive life while being realistic and managing his priorities. He said he’d like to finish his high school education by getting his GED, and one day find a job.
“I would also like to get vocational training as a peer counselor to help other people who need guidance, which I could either do as a job or as a form of volunteer work,” he said. “These experiences gave me an appreciation for the importance of dedicating time to giving back to other people, animals and the environment.”
Pascal’s memory lives
With the case drawing to a close almost five years from the incident, not lost is the legacy of Pascal, who cared for his family, friends and community. He overcame his own struggle with autism. He fought hard for the environment and helped animals at the local rescue.
The annual Pascal’s Way 5k Run/Walk will be held in May with proceeds supporting seniors at Coral Shores High School and science programs at Upper Keys schools. The exact date of the race is still being determined.
