WEST PALM BEACH, Fla. _ The man whose story about serving 10 days in jail for missing jury duty gained national attention will no longer have a criminal record, a Palm Beach County judge wrote in an order filed Monday.
Circuit Judge John Kastrenakes vacated and rescinded his finding of contempt of court and the sentence of probation for Deandre Somerville, after "reflection over the weekend."
The 21-year-old man was a sworn juror for a civil case and did not show up to duty on Aug. 21. He later told the judge he overslept and then didn't notify anyone about his absence. Kastrenakes sentenced the man, who had no criminal history, to 10 days in jail and a year of probation.
After he served the jail sentence, his probation was reduced to three months on Friday after the judge received an apology from Somerville and heard from his family. The judge also agreed to change his conviction for contempt of court to an adjudication withheld once he completed probation.
"The only reason the Court left him on a short term of probation was so that others could learn and take heed that serving on a jury is serious business deserving of attention, respect and adherence to their oaths," Kastrenakes wrote in Monday's order.
Somerville no longer will be on probation or have to give 10-minute presentations to jurors on the importance of jury duty, as Kastrenakes had previously ordered during Friday's hearing.
During that hearing, Assistant Public Defender Daniel Eisinger said Somerville "knows what has done and he's suffered a tremendous penalty."
Kastrenakes wrote in Monday's order he did "not want even a finding of contempt to be gleaned from perusal of his background or record." He said he found the 21-year-old to be "a thoughtful and respectful young man" who cares deeply about his family.
Kastrenakes did address the critique from the national conversation the case has garnered as to whether this was a fair punishment for missing jury duty.
"The court also knows that it would have punished anyone who behaved the way Mr. Somerville behaved in the same manner," Kastrenakes wrote.
In court Friday, Kastrenakes cited several other cases of juror misconduct over the years that have gained attention, such as a juror in the DUI manslaughter trial of former polo boss John Goodman and a juror in the trial of Victor Salastier Diaz, one of several men charged in Three Amigos convenience store robbery-murder trial.
In the Goodman and Diaz trials, the juror misconduct led to retrials.
Somerville's absence from court caused a 45-minute delay in the civil trial, but the case went forward and the jury rendered a verdict, according to court records.
In the case of the Diaz trial, the juror was sentenced by Chief Judge Krista Marx to eight days in jail, records show.
A call and a text message to a phone number listed for Somerville on Monday afternoon were not returned.
