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Attorney trying to trim teen's sentence

The Public Defender's Office requests that Judge Ric Howard grant a sentencing rehearing or change the sentence in a fatal crash.

By JORGE SANCHEZ
Published October 17, 2005

INVERNESS - The public defender representing William Thornton IV, who was sentenced to 30 years in prison for his role in a car crash that killed two people, is trying a few more legal options to get her client a new sentence.

In a motion filed Friday afternoon, the lawyer asked Circuit Judge Ric Howard either to grant a sentencing rehearing or modify the sentence in light of mitigating factors.

Still pending is Thornton's original request: to withdraw the no contest plea he entered to the charges.

The current filing states that the judge has discretion - although not the obligation - to reduce or modify the sentence.

The motion states that the Public Defender's Office "intends to present ... mitigation and/or modification factors supported by witnesses and testimony." It also states that the evidence is designed to persuade Howard to alter the sentence in accordance with sentencing recommendations from the Department of Corrections and the Department of Juvenile Justice.

Additionally, the motion asks Howard to consider Thornton's age - 17 at the time of the crash - as a mitigating factor. Thornton, who is from Sumter County, is 18 now.

The fatal collision happened just before midnight Dec. 28 at State Road 44 and Bauer Road in Lecanto.

Thornton pleaded no contest to two counts of vehicular homicide and two counts of driving without a license, but there was no plea bargain: Sentencing was left to the judge.

At the sentencing hearing last month, Assistant State Attorney Richard Buxman requested that the judge follow sentencing guidelines that called for a punishment of 181/2 to 30 years in prison. The state Department of Agriculture suggested that Thornton be placed in a youthful offender camp.

Howard went for the maximum: 30 years.

Neither prosecutor Buxman nor Dale Merrill, Thornton's public defender, were available for comment Monday on the newest motion. No hearing date has been set.

A hearing on Thornton's request to withdraw his plea is set for Nov. 8. Thornton has said the move is necessary because his former public defender provided him with inaccurate information on which he based his plea decision.

Specifically, Merrill has said that the former public defender told Thornton that the judge would consider mitigating factors and sentence him according to the recommendations of the Department of Juvenile Justice and the Department of Corrections.

The State Attorney's Office opposed such a move.

"The defendant is not entitled to withdraw his plea simply because he is unhappy with the sentence imposed upon him," Buxman wrote.

When filing the motion to withdraw the plea, the Public Defender's Office also asked Howard to step down from the case. It said the judge was prejudiced against Thornton and showed racial bias. Howard is white; Thornton is black.

Howard declined to step down. Chief Assistant State Attorney Ric Ridgway said the defense's accusations of racial bias were "simply irresponsible" and "despicable."

-- Jorge Sanchez can be reached at 352 860-7313 or sanchez@sptimes.com

[Last modified October 17, 2005, 19:07:57]