Less than four years ago, L’Darius Smith was on trial on charges of molesting his step-sisters that could’ve sent him to prison for 30 years. He’d been accused of forcing them to masturbate him when they were younger than 10 and he was in his mid-teens. He was acquitted. The jury found him guilty only of an “unnatural and lascivious act,” a misdemeanor. He exulted.
Maybe he thought he was untouchable. But if he thought he could beat the rap again today on felony charges that could send him to prison for 10 years–and he had every reason to think so after a convincing defense by his attorney, Reginal Nunnally–he didn’t help himself.
Though at most involving third-degree felonies, the case implicated the sort of miscues and misjudgments, the sort of cultural gulfs, racially tinged provocations (the N word figured prominently: Smith is Black, the two victims are white) and reactions that take an encounter from trivial to rage in a matter of seconds, and upend lives for years. When Sheriff Rick Staly was describing earlier this week why aggravated assaults had spiked in 2020, this was a typical case he could have been referring to. Though it took place just before the pandemic, it had all the elements of the year’s sudden tempers and color-coded antagonisms. And it had a stand-your-ground defense his attorney attempted on June 11, and lost.
It also involved Smith, whose history of anger and criminal issues occupies a small segment of the court’s databases: in a pre-trial on his molestation case bailiffs had to wrestle him to the ground, and he tried headbutting one of them, because he’d disregarded directions and refused to stand up. A battery charge against him had been dropped. He still faces a burglary charge in an upcoming trial, assuming he doesn’t plead out. He’d once broken his hand for punching a wall when he couldn’t find his ID.
The jury didn’t know any of this other than the wall-punching. But it saw something else.
Smith had come to court in a turquoise t-shirt and jeans. In the culmination of Nunnally’s powerful closing to the jury, he literally put his head down on the table, turned away from the jury, and looked like he’d gone to sleep. Not for a few seconds, but for minutes. This wasn’t at the end of a long and wearisome day. It wasn’t yet 10 a.m. When Tara Libby, the Assistant State Attorney, stood up for her second and final closing, Smith stretched luxuriously as if awakening from a nap in front of the TV. Several times as Libby addressed the jury, he spoke to his attorney in a murmur loud enough for the entire courtroom to hear, gesturing and as if replaying parts of the case.
In and of themselves maybe the missteps didn’t amount to much more than a 25-year-old’s immaturities. But seen together one after the other, compounded with the gravity of the situation he faced–two aggravated assault charges in the closing hours of a trial that had empaneled a seven-person jury away from work and family–Smith’s behavior spoke blatant disrespect to the jury, the court, the prosecution and even to his own attorney. He might as well have been flipping them all off.
Juries pick up on cues like that. And it’s no small detail that the case itself hinged on precisely some of those signals: how gestures, how stares, how giving the finger may be misinterpreted and escalate into a lot more than a misunderstanding. If the evidence pushes jurors’ deliberations anywhere near a demarcation line between a felony and a misdemeanor–and they had those choices today: just like four years ago, Smith could have and probably should have walked away with misdemeanors, back to his toddler and to the child’s mother–a defendant’s behavior in court can be the just enough to nudge a jury one way or the other, because it speaks to his character, one of the intangibles that can play a disproportionate role in a verdict.
This is what led to Smith’s arrest the morning of January 21, 2020. Anthony J. Ghirelli, 64, and his brother Charles Ghirelli, 60, were at the Palm Coast McDonald’s in the Target shopping center having coffee, getting ready to go fishing. Smith and his pregnant girlfriend walked in, she to use the restroom, he to get some water. Their 1-year-old child was in their truck parked outside. Smith had a broken hand from that punch in the wall, but his hand wasn’t in a sling.
Smith was wearing a Batman jacket. Anthony loves Batman. He was once nicknamed Batman. He noticed the jacket. He complimented Smith, who was a distance away. Smith misunderstood. He thought he was being messed with, provoked. He approached the brothers belligerently and confronted them, saying–according to the brothers–that he was a trained killer, was in the military, that they shouldn’t mess with him. He then walked out. He saw them pointing at him. He took out his phone and took pictures, to document the incident in case something happened, he later said. Anthony decided to call the cops, and walked outside for better reception–directly in Smith’s direction. Smith was at his truck.
Smith’s girlfriend had also walked back out of the restroom and was walking toward Smith, who thought Anthony was messing with his girlfriend. By then Smith had grabbed a bat from his truck. He aggressively walked up to Anthony, the bat twirling at his side. He never swung the bat at Anthony, and Nunnally would make much of the difference between “twirling” and “swinging,” though anyone who’s seen a cop twirl a baton in the immediate proximity of an individual knows that the difference is a matter of visual semantics. Nevertheless, Anthony did not back up or seem that frightened, only intent on making the call. Smith got back in his truck and Anthony walked behind the truck just as Smith was pulling out. He stepped aside just enough not to be hit.
But then Smith, rather than driving away, pulled up near Anthony again, lowered his window, and flung a nickel at Anthony hard enough that it nicked him above the eye and caused an abrasion. Then he drove away. That whole confrontation was caught on silent surveillance video.
If L’Darius’s Smith’s acute defensiveness didn’t do him in that morning, when he was arrested on two aggravated assault charges after a confrontation with the two brothers three times his size and more than twice his age, his indifference or contempt today did.
The jury of three men and three women took just 25 minutes to find him guilty on one felony count of aggravated assault (he had faced two), one misdemeanor count of battery and one misdemeanor count of improper exhibition of a weapon.
Smith shook his head “yes” as the clerk read the part of the verdict that found him guilty of battery: he knew that hurling a nickel at someone else was a crime, but a crime of battery, not more. He likely knew that twirling a baseball bat in someone else’s immediate proximity was a crime, too, but thought he’d get the misdemeanor charge of improper exhibition of a weapon, not more.
He was right on the one count. But the jury bifurcated the verdict: it was improper exhibition of a weapon against Charles, who was further away during the confrontation. But it was aggravated assault when it came to Anthony, who was in Smith’s face, or vice versa. In that sense, it was an odd verdict and logically flawed verdict. Distance between subjects doesn’t determine gravity. Intent and consequences do: A man in Palm Coast could be charged with a second-degree felony for threatening someone by text in the Hammock. The same man would be charged with simple battery if he was in the other man’s face, jabbed him with his finger and called him names, as long as he didn’t threaten him.
In this case, Smith was in Anthony’s face, Charles a few steps behind, not touching either, but twirling the bat. The improper exhibition of a weapon verdict that applied to one brother should have applied to the other. But no one hears juries’ deliberations but the jurors themselves, and this jury had key elements to rely on that, in the end, may have been the deciding factor in sealing Smith’s fate: the surveillance video showed both the brothers and Smith looking for a confrontation, but only Smith with a weapon, only Smith backing up dangerously against Anthony, only Smith hurling a coin at Anthony, and only Smith driving off, what Libby, the assistant state attorney, described as “the consciousness of guilt.”
Why didn’t Charles turn around and walk back inside? He was afraid he was going to get smashed in the head with a baseball bat, Libby told the jury. “This was a show of force” by Smith. It was not an act of self-defense. “There were no threats made either to Mr. Smith, or to his girlfriend,” Libby told the jury. Even when he was on the stand testifying, Smith himself said that he had “perceived” a threat, not heard it.
“Ladies and gentleman, this is the case of a gentleman who has an anger problem, who didn’t like being looked at. He didn’t like that somebody was staring at him, and he had to confront them. He had to get the last word,” Libby said of Smith.
But Smith had no idea why one of the brothers walked out, Nunnally told the jury. “He’s hearing the N word, she heard the N word, he reacts,” Nunnally says (she being Smith’s girlfriend). The brothers are pointing at him, they’re staring at him, “yes, these gestures could be considered threats,” the assistant public defender said. Nunnally told the jury to use common sense: Anthony “didn’t come outside to call the police,” but to confront Smith. Smith lawfully grabbed the baseball bat to defend himself. It’s not an unlawful act if, Nunnally said, he believes that there was a real threat to him. She described the two brothers’ actions as a “perfect storm” of confrontational behavior.
“If you look at the video, if he wanted to hit them, he would have,” she said–not the most felicitous line of her closing, as it echoes the defense of the occasional would-be murderer: Jonathan Canales used it in court three years ago when defending himself against the accusation that he shot his girlfriend (he claimed she shot herself; he was sentenced to life in prison), and there are intimations of the same defense in the coming first-degree murder trial of Keith Johansen, who claims his wife killed herself.
Rather, Smith with the bat and his demeanor was creating distance “because he didn’t want any problem,” Nunnally said. The two brothers “claimed they were scared of him,” yet neither retreated.
When Nunnally gets going, her outrage soars, her cadences become as if metered by tympanies and her language rhymes between pulpit and street slang. She was in full form today, appealing to–if not schooling–an all-white jury’s sense of a young Black Bunnell male’s psychology.
“They say that my client was swinging the bat. You saw the video, he was not swinging the bat,” she said. “Twirling the bat and swinging the bat are two different acts. But when the police got the call, they get a call: ‘Black male swinging the bat at several people.’ Completely contradicted by the video.”
The two brothers had made much of their disabilities, one of them with an arm in a sling, walking slowly to the stand, both of them speaking of various ailments and physical challenges that Nunnally described as irrelevant in the case.
“You want to come off being feeble, the way they move in that video, they were not feeble,” she told the jury. “And that goes to show you the exaggeration people want to get away with, because they know that it was in the wrong.” Her voice began rising to preacher-level decibels: “You were wrong, you were dead wrong, you should have stayed behind in the McDonald’s, you should’ve stayed right where you are, stayed in your lane and left this man alone. But no, you want to take matters into your own hands, and now you want to complain when he reacts. Makes no sense. But that’s where we are today. And that’s real. That was real to him, and that’s why he reacted the way he did. He told you what was going through his mind. He told you, L’Darius told you, he said, Look where I’m from, that stuff don’t work. Where I’m from, that’s considered attack. Where I’m from, that’s not good. He told them he was from Bunnell. He told them that. They didn’t listen. They took him as being irate. And then imputed to him all this negativity.”
Audio Excerpt from Nunnally’s Closing
She continued: “L’Darius, 144 pounds. Anthony and Charles clearly triple his weight. L’Darius is 25 years old, trying to make sense of the world. Charles, Anthony got 120 years of experience over him, and they should know better. And probably had experiences with people talking trash to them. You mean to tell me it never happened got talked trash ever in your life, and you think that everybody’s a threat to you now, or just him? They were in the position to be the wise men. No, they decided to be childish. My client was the wise man. He walked away from them, went to his car minding his own business. Now they’re staring at him. What now? Taking out the camera. Oh, that’s threatening! Well, what they did wasn’t threatening to him. You see how it’s a double standard? No, it’s not fair, it’s not right, and that’s the reason why he’s not guilty.”
The jury disagreed.
Smith had been out on bond. Circuit Judge Terence Perkins, who presided over the trial, remanded Smith to jail for now, inviting the defense to file a motion to get him back out on bond. Sentencing is scheduled for Aug. 13 at 8:30 a.m.
The battery and improper exhibition of a weapon charges are misdemeanors. The aggravated assault conviction is a third-degree felony with a maximum penalty of five years in prison.
As he had at his trial four years ago, Smith during breaks and while the jury was deliberating had maintained his usual swagger, posing for the camera, showing the victory sign and saying to make sure he looked good. After the verdict–Nunnally was hunched over the defendant’s table–he seemed momentarily stunned, then wide-eyed, then was handcuffed. He then broken down and at one point seemed to collapse on himself in tears against the defendant’s table, speaking about how he’d “overreacted” and had a hyperthyroidism issue, how he’d been doing so well improving himself, how he was “doing good things for the community.” How he just wanted to see his daughter. Yet still, in handcuffs, he found a way to show a modest victory sign.
The bailiffs showed particular patience with him, letting him speak–the judge was still in the courtroom–and gently easing him outside, back to a jail where he’s been booked now four times since 2016.
Steve says
Seems as though One whom presumed his untouchability in the Court and overtly exhibited his enthusiasm for such outcome was blindsided by his own contempt.
TV Trey says
So tired of black people in this country getting convicted of things where we barely break the law. Black people should have to do three times the crimes that whites do to get the same punishment due to the systemic racism that exists.
Um, What?!? says
“Black people should have to do three times the crimes that whites do to get the same punishment” ???
Are you high right now?
Trey, you’re not making any sense.
R. S. says
You’re so right. I wonder about the composition of the jury.
Steve says
Well if a person were not to “barely break the Law” that Individual would not have to worry about it then, right?
TR says
There’s no such thing as barely breaking the law. Regardless on the level of breaking the law, the punishment should be based on the level of the broken law. It has nothing to do with color. No wonder there is still racism in this country.
C’mon man! says
TV Tray I think not breaking the law in the first place is fair enough.
MikeM says
Tell that to the cop that was just shot by a black man in Daytona.
C. Davey says
The key point here is ‘barely’ breaking the law…as it is STILL breaking the law. How’s that 3x thing working for you….???
Gina Weiss says
Public Defender Nunnally is right and makes a lot of sense and one of these 2 males did speak out to Mr. Smith first and who knows how the batman statement was actually said, maybe it was in a sarcastic tone and Smith may have heard it that way. I remember once saying to a girl walking by us, then in our teens, that I liked the color of her lipstick and she became defensive and replied WTF are you looking at, I just ignored her after that, I mean why start some s**t with a complete stranger. Did anyone ever mean to compliment someone and they took it the wrong way, happens all the time. Not to say that this young man doesn’t have issues but now he is in jail, what good is that to his wife and baby. These 2 guys should have kept their mouths shut and sucked it up, no one was harmed at that point. Sometimes you have to watch what you say as you may say it to the wrong person who is not having a very good day. They should have taken the high road instead of following Smith out to his car and flashing a phone camera at him because both of them clearly knew at that point that Smith was not going to become their buddy.
Stretchem says
I think seated juries should be forced to be representative of the community in which it is being served. A true jury of peers. An all white jury selected here should not have occured. Delay the trial if necessary.
This is what systemic racism looks like.
C’mon man! says
Stretchem. Don’t forget An all white jury found Benjamin Allen not guilty of murder. I think it’s more about the evidence of the case and less your claim about racism.
Mama girl says
The guy had things catching up to him. Fourth time in jail. What’s that all about? Obviously, if it wasn’t for this, it would of been something else. He is only in his 20s! Hopefully, he can use this time to reflect and change his life.
Steve says
Look at his Facebook postings. From what I’ve read it will enlighten you
Jimbo99 says
Seems like all this could’ve been avoided by just acknowledging a compliment about a Batman article of clothing. This is why I avoid McDonald’s, most people are there for a combo meal. maybe a facilities emergency and this escalated into this level of stupidity. Someone likes my jacket and compliments me for it, no words, just a thumbs up gesture and everyone’s good with the Happy meal or the facility use. The defense’s case was just as retarded as the whole incident, that it’s OK to have a chip on your shoulder if you’re black & from Bunnell, FL. And the dumb & dumber brothers, eat your meal & go fishing. FCOL, in 2021 we have 5G smartphone services and the one calling FCSO needs to go out in the parking lot for better coverage reception ? The only victims in this were the rest of us that had to fund a court date for this nonsense. As we see what Smith looks like from photos, let’s see the Ghirelli brothers, these are 3 people I want to be able to recognize, so that I may avoid an encounter with any of them.
Dennis says
He’s lucky the dad didn’t have a concealed weapon permit and a weapon on him. The threat with the bat could have cost him his life. Consider him lucky to just be going to jail.
Laila says
I agree with Gina 100%. Nothing is gained by locking this man up. He needs help, not prison. If prison is the answer, then there won’t be enough prisons in the state to hold those with anger issues in this country right now. And none of it is ok.
Gina Weiss says
Laila: one can clearly see this young man falling through the system because he does need help, should have received it a long long time ago, not enough mental facilities to help people like this so they become worst and eventually get thrown into jail, commit suicide or go on to continue to commit more crimes. No one wants to take a good look at the failures and biases of our mental health systems. I remember when Geraldo Rivera had a hand in deinstitutionalizing the mental institutions in NY, they were suppose change the system back then and build new facilities but had failed on the promise, thus leading to the plight of the homeless population is just an example. No one wants to take a look at the ugly truth! There were some out-patient facilities built but not enough to treat individuals.
Steve says
I just dont remember the status of his Mental Health ever being a factor or mentioned during the Trial, Evidence, Cross Examination, Closing Arguments or Otherwise.
Gina Weiss says
Steve: From the above article this young man has issues from his past which should have been addressed the proper way a long time ago because if gone not addressed and not properly treated and followed up upon only adds to make the persons issues buildup which is quite obvious according to this article.
Bonita gata says
He was getting help and his metal issues was mentioned. We are in the process of getting his records to his lawyer as we speak. He has a disease call thyroidism or something like that he has ptsd and depression
FlaglerLive says
L’Darius Smith told the judge after the verdict that he suffers from Hypothyroidism.
Gina Weiss says
and what about the PTSD and Depression, was he on meds if so was he taking them properly, did anyone ever follow up on this young mans diagnosis’s or was he just handed a rx and said goodbye to. I know that the individual has to take some responsibility for his life but at what point? You can’t just throw a person out in the street because you wrote an rx, these are some very important factors which should be followed up and taken into account, also one of the reasons why our mental health system is a failure IMO, also these are some pretty stunning diagnosis’s if so.
FlaglerLive says
He spoke of his medical condition when he was sobbing so it was difficult to understand him. He referred to prescription medications, but it wasn’t clear if he meant he’d been off of them or not. Legally though it was irrelevant, though it may be a factor at sentencing.
Thyroid ma says
I have hypothyroidism. It has nothing to do with this case. Does he take his meds? It does nothing mentally to you. Be informed.
Gina Weiss says
Did you read the other diagnosis above, PTSD, Depression Read.
Steve says
I’m no expert but He seems to have Anger and Authority issues IMO
Steve says
Well maybe on Appeal which there will be one this Information and maybe even an Evaluation could possibly help but it seems after the Fact
Steve says
In that respect as fine of a job the Public defender did She may have dropped the ball on his Mental status
Gina Weiss says
An underactive thyroid can affect both normal brain functioning , mood and body function per National Academy of Hypothyroidism. It can also disrupt heart rate, concentration, feeling down or depressed, trouble concentrating and feeling tired is one of the most common symptoms, the young man had his head down and was sleeping . This will not appear normal to people who do not have this condition and people on here may talk a lot s**t appears that he was not taking his medication. Irritability is also a side effect of this medication and along with it if he was taking it come the side effects, now couple this up with the diagnoses of PTSD and Depression, if so are his other diagnoses, was he taking meds for the other dx’s or not. Now look up those meds and their side effects, if he was taking them properly; psych meds can have grave effects if not taken properly and can interfere with the action of other meds or create an adverse effect. Thus coincides with my statement above.
Gina Weiss says
Maybe thy can ask for a retrial or an appeal, I’m not an attorney but there seems to be a lot of missing links here, something seems not right.
ataBonita says
Bc the the two me is lying I was there when everything happened. He was not on his meds at the time bc he didn’t know he had the disease he was in the process of getting his meds bc of the ptsd and depression
CHRISTOPHER LEMKE says
Stop with the excuses and race baiting. He broke the law and received an appropriate verdict. Independent of color, age or sex. His own arrogance is what did him in in the jury’s minds. First takeaway from this is that humility is a good thing. Untouchable? No.
Free State of Flagler says
Last I checked it’s not a crime to act indifferent. It’s not a crime to show no remorse. He’s not on trial for taking a nap in the courtroom, although it is surprising to see the judge allow it and not hold the defendant in contempt and reschedule.
An all white jury. A white prosecutor. A white judge. A white bailiff. Likely white arresting cops. Along with two old disgusting racists fatbody whiteys that couldn’t just shove their chicken nuggets in their pie holes and mind their own business. Yeah, I’d be indifferent too about the whole situation! Young black men have ALWAYS had unimaginable cards stacked against them in this country – in this county – in this city!
If this were a white boy, ya’ know, like the ones that run over people with their beemers, no charges ever would have been filed, no court case, no naps in the courtroom. But two old rundown fatass gutless imported turds couldn’t stand having a local black man call out their bulls**t. I can almost guarantee you it wasn’t some “compliment” about the batman jacket. It was sideways and condescending at the least. And they’re supposed to be the adults in the room. They’re supposed to be the example.
I don’t know this Smith dude from Adam, and he very well may be one sorry sonofabitch destined for a life of crime, but in this case I can certainly have some smidgeon of empathy. It takes a village folks. I’m far far more disgusted at the two hateful blowhard cowards than I am of the young black man.
Steve says
You are assuming a lot and are entitled to. This guy is a loose cannon and knew he would be back where he belongs. If not this incident would have been another soon enough . Sentencing coming up buhh bye