Jail Time for Jury Duty Tardiness

Deandre Somerville overslept on the day he was supposed to show up in court for jury duty. To chastise him, the Florida judge originally sentenced him to 10 days in jail, a year of probation, a fine, and 150 hours of community service. 
Somerville was picked as a juror for a civil automobile accident negligence case on August 20. Then, when he was supposed to return to court for the trial, he slept through his alarm and went to work instead of going to the court or calling the bailiff. 
He works part time as a recreations specialist leading youth activities at a local park. Then he spends the rest of his time taking care of his grandfather who lost 50% of his mobility due to a heart attack. 
After three weeks of not showing up for jury duty, the police arrived at his house. He was required to have a hearing with a judge. At his hearing, Somerville admitted to oversleeping and apologized. He said that he had never been in a courtroom and didn't know the seriousness of the situation. 
Judge Kastrenakes chastised Somerville for failing to come to court, delaying the trial, and being unreachable on his cell phone. The judge said that it delayed the trial for 45 minutes and that his conduct impeded the due administration of justice. The judge convicted him of direct criminal contempt and sentenced him to 10 days in jail, a year of probation, 150 hours of community service, a $223 fine, and a letter of apology. 
The public defender working with Somerville appealed the sentence saying that the punishment was outrageous for the circumstances especially with regard to Somerville's ties with the community and his lack of criminal record. 
The judge recently reduced the sentence and accepted his apology. Now he only has 10 days of jail time, 30 hours of community service, and no probation time.
Comments from Allen:  
The lesson to be learned here is: "half of being successful in life is just showing up."

As a trial lawyer, I was appalled at the behavior of this 21 year old man.  It is wrong for a person to fail to show up when a jury is being selected.  People do that all the time; when they do, they have to come back to court and explain why they failed to show up.  They might get a $100 fine for failing to cooperate.

Usually when this happens, a jury is chosen without considering the qualifications of the absentees, and the trial goes on as scheduled.

This kid, however, was chosen to sit in judgment on a jury.  He was one of the 12.  He did not forget about showing up the first day, he sat through all of the proceedings the first day; he knew what was happening in court.  In 37 years of trying cases, I have NEVER seen this happen.

Mr. Somerville was not asked to get up at an ungodly hour to show up either; he was supposed to be in court at 9 a.m., when most people his age are at work or attending college classes.

What Mr. Somerville does not appreciate is that an entire courtroom full of people was ready to proceed at 9 a.m., but had to sit around and wait for him....  And he never showed up: not that day, not any day the rest of the week.

The judge could have imposed a fine in an amount that reflected the attorney fees and juror fees wasted because of his behavior, but he did not.

Although I am appalled by this kid's behavior, I read statements by him and saw interviews with him about his behavior.  He is a good, decent kid who did a very irresponsible thing.  I just hope he learns his lesson about being responsible for his actions, because there are consequences when good people do bad things.  

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
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