A week ago, 22-year-old Jayden Jackson’s attorney told the court that his client rejected a plea deal to serve four years in prison followed by a significant amount of probation for the hit-and-run death of Shaunta Cain in November 2022. Both the court and the prosecution warned Jackson that he could face a much stiffer prison sentence as a result.
Josh Davis, his attorney, disagreed. He could–and should–face less than that, he argued, and subsequently filed a memorandum of law to show how.
Today, Jackson pleaded to the crime, but with the understanding that while a lot has yet to be determined by the court, he could also end up being sentenced as a youthful offender (he committed the crime when he was 20). If the prosecution fails to prove that alcohol was involved in the crash, he could end up being sentenced to less than four years, and possibly to no prison time at all, but to a combination of house arrest and probation.
It was an open plea. That means it’ll be up to Circuit Judge Dawn Nichols, after she hears arguments from Assistant State Attorney Jason Lewis and from Davis at a sentencing hearing in late May. The date has not been set. Everything is on the table. Jackson could serve no time in prison. He could also serve 20 years in prison or more.
But today’s hearing was not without strong hints from the judge as to which way she’s leaning, and clear indications of what the prosecution and the defense will seek.
“I don’t see it as being a community-based sanction,” the judge told Davis, meaning that house arrest and probation alone is not likely. “I do think that YO would be an appropriate option. I do not see anything that indicated otherwise.”
YO is the acronym for youthful offender. Jackson was 20 when, driving home from a bar in Daytona Beach (according to the prosecution), his car swerved into the median on U.S. 1, not far from Plantation Bay, and struck and killed Cain. Instead of stopping and calling authorities, Jackson drove to his parents’ house in Daytona North.
The youthful offender determination is key for the defense. Without it, the law calls for a minimum mandatory sentence of four years in prison, and more than that if the judge deems it applicable. A youthful offender determination will not prevent a four-year prison sentence. But it allows the judge to go below it.
If the judge decides to sentence him as a youthful offender, his maximum exposure to any combination of penalty would be six years. In other words, he could get two years in prison, a year on house arrest and three years on probation, or one year in prison and five years on probation, and so on. If he were to violate his probation with technicalities (as opposed to a new crime), he could not be penalized outside that six-year window.
But if the prosecution shows that alcohol was involved, the judge’s sentence could be altered: as a 20 year old, Jackson was not supposed to be drinking–if he was drinking: Davis intends to show that he was not, just as Lewis intends to show that he was. Davis argued in his memorandum of law that “if the State had such poof” of intoxication, “the crime charged would have been DUI manslaughter.” It was not.
Case law is next to non-existent as far as who determines whether alcohol was involved or not–a judge or a jury. Lewis, Davis and Nichols spent a good part of today’s hearing trying to figure that out based on their research, which produced no precedents. So it’ll come down to the judge’s determination in May.
“It appears that I have an option,” Nichols said. “Then if anybody is upset with the ruling there is always the appellate court. That never offends me in any way. That’s what the appellate courts are there for. And to be honest with you, I do think there’s no case law from what the three of us could find. And if anybody finds anything else, let me know.”
But the judge also cautioned that the plea could go ahead “with the understanding that the court, after hearing everything, may not downward depart and may, in fact, sentence him to more, and his exposure is up to 30 years.”
In essence, Nichols will have to make a subjective judgment, based on the evidence presented by Lewis and, if any, by Davis, as to whether Jackson was drunk or not at the time of the crash, since law enforcement did not secure evidence showing that he was.
So Jackson tendered his plea, which means that he admitted to the crime, but only to the crime as charged: leaving the scene of an accident with death, a first degree felony. “If they’re pleading up to the court, then they’re admitting to all the facts,” Lewis said. “It’s either all or nothing.”
After the crash and after Jackson went home with the car–a dark gray 2017 Chevrolet 1500 pick-up that belonged to his father–his father, Flagler County Sheriff’s deputy Bryan Jackson, informed one of his commanders, who informed the Florida Highway Patrol, that the younger Jackson may have been involved in the crash. But since the Jacksons declined to give access to the car or provide breath samples, it took the investigators a while to secure the necessary warrants and carry out those parts of the investigation.
“The state believes, based on the circumstances of how the incident occurred, based on his driving pattern, based on the evidence,” Lewis said, “that we are going to try and prove that it was DUI related. They can make their argument that it wasn’t. We’ll make ours. But he has to understand that if you find that it was, then you couldn’t go below the four-year minimum–unless you decide that youthful offender applies. That, you still could. But all of this is all up to the discretion of the court, so it can go either way.”
Bailey’s Mom says
What a bunch of BS…leaving the scene of an accident, hit & run resulting in a death and failure to comply as a 20 year old! I call BS on the youthful offender. This man needs to serve some time in prison, he is not privileged and above the law.
Pogo says
@Yes, Virginia
… there is a Santa Claus!
https://www.google.com/search?q=Youthful+Offender+records+sealed+in+fl
That young man didn’t look pleased with having his picture taken; or, he deserves an Oscar for hiding his smile.
Just a thought says
How the heck is 20 years old a youth offender? Minors are minors until the are 18 years old. After that they can make decisions on their own without parental consent. This is nothing but a travesty of the justice system. Shame on you Scott Jackson for not forcing your son to own up to his mistake right from the beginning.
Carol says
A youthful offender? He’s an adult, that’s insane!
Sheila Manning says
10 to 1 says he is going to walk away unscathed. He is the son of a police officer. Protect eachother not so much the community.
Steve says
A Human Being was killed by a driver of a vehicle who then decided to drive off with full knowledge of what had just happened and leave them for dead saying “It’s no big deal my Dad’s a Cop.” IMO Proof of DUI or not the Felon will not walk on this Charge. Only the lowest form of Life would do this to another living Being and run like a Coward. A real Man would have done the right thing stopped provided Aid and suffered the consequences in a timely fashion. I wonder who taught him that entitled behavior. To prolong this is an Injustice to the deceased. Consider the source.
Time, Money, Resources, Stress etc. will all take its toll on the Victims Family and the Criminal.
Good Luck you’re gonna need it.
Bill Boots says
The ‘Blue Line’ rules, YO is bullpoopy!
Local bunnellian says
An alcohol test should’ve been submitted immediately when a death is involved if he got home and told his dad he hit someone and left the scene of the accident it should be negligent homicide because his negligence to stop and render aid is probably the cause of death I sure hope my life is always worth more than a slap on the wrist
D says
So this underage 20 year old was leaving a Bar. Struck and killed a human being. Left the scene. Goes home to his law enforcement Daddy who blocked other officers from doing their job(declined to give access to the vehicle or to do a breath sample). And now might just get off with probation? Is this justice?
I hope the victim’s family have a good lawyer.
celia pugliese says
They get a slapp in the wrist…tragically for the victims. This is why these speeders keep it up with total impunity. God forbid residents may want life saving speed humps to slow them down!
Richard says
Things like this actually hurt the PD.. it drives the divide deeper
Greg says
Total joke. That Jude is SOFT on crime. I’ll bet he walks free. Youthful offender in this case is a joke. The judge will let him walk free.
Joseph Barand says
How much influence has Staley exerted on this entire travesty, clearly many others have received long prison sentences for leaving the scene with a resulting death. I demand that our photo / publicity happy Sheriff comes clean and explains everything thing that has occurred since the night of the crime.
Jane Gentile-Youd says
Youthful Offender? This judge needs to recuse herself for considering a 20 year old grown man a ‘youth who isn’t guilty because they were not old enough to know it’s not okay to injure – or kill-someone you just hit with your car just go home like nothing happened. We do not need a judge like her in Flagler County. No ma’m – please move away from here.
We need REAL judges.
Angel says
First of all the Sheriff isn’t going to come out and say a damn thing because he’s scared. Also Jason Lewis if you ever planned on running for judge,applying or running for state attorney you just messed that one up big time man.
Jenn Jenn says
The definition of “YOUTH” is the period between childhood and adult age….I believe he’s many years past “YOUTH”. Heartbreaking story of a human being left like trash on the side of the road to die alone. He rendered NO help to her and further concealed the crime…just so horrible…can you imagine if that was your loved one? If he does get incarcerated will he be going to a “juvenile” facility as well…due to his tender age of “22 or 23” ? Good old Dad should do time with his kid as well for hampering the investigation of a murder. Apparently the apple did not fall far from the tree.
Scott Smith says
Straight to the point, this is completely bogus just because his dad is a cop. Breathalyzer should’ve been done immediately. This is complete corruption.
Ray W, says
In 1978, Florida’s legislature passed our Youthful Offender act.
According to the language of the YO statute, all defendants accused of committing felony offenses who are between the ages of 18 and the day before their turning 21, excepting those accused of committing capital or life felonies, are eligible for youthful offender consideration by a court.
None of the felony charges at issue, per the article, are capital crimes or life felonies.
Section 958.04(1) starts with this partial sentence: “The court may sentence as a youthful offender any person:”
By this simple and clear language, any person of eligible age who is found guilty at trial, either by a jury or by a judge, of committing a felony offense, or any defendant who enters a plea to a felony offense, provided that the defendant has not previously be sentenced under the act as a youthful offender, and providing that the offense is neither a capital offense or a life felony offense, may ask a judge to consider youthful offender status during sentencing.
Certain juvenile offenders who are “bumped up” to adult status also are eligible for youthful offender sentencing consideration by a court.
I know that there are a significant number of vengeful people who comment to FlaglerLive.
Let’s face facts.
The legislature has had 47 years to change the language of the statute. It has yet to do so. It should be obvious to all that the legislative intent behind the YO statute is to permit possible youthful offender status to nearly every YO defendant who asks for it.
Who in their right mind criticizes a judge for stating on the record that she will consider following well-established law? And who in their right mind gives a thumbs up to this type of comment?
I have been commenting for many years now that there is a sickness upon the land. Vengeance, retribution, hate of the other, each is a plague upon us all.
We will never need REAL judges who decline to follow the law for vengeful purposes.
So much for justice says
Remember the black kid that pushed a teacher and got what 15 years in prison as an adult even though he was 16? Law and order is a joke based on skin color and income! Look forward to watching this dumpster fire crumble.
JimboXYZ says
I have faith the judge will not let this go for the softest sentence possible. Uncooperative with the fullest investigation, he created his own “open-ended” plea deal, deny the “Youthful Offender” designation rule. That’ll send the message that tampering with an investigation doesn’t work. He plead guilty to the charges, nobody offered a guaranteed “Youthful Offender” status in that relative plea bargain. Just because his lawyer suggested “YO” rule, doesn’t mean it should or will be applied.
hjc says
Qualified immunity for the whole family.
NJ says
The FL DOJ must review this case because it “Smells like a ‘BLUE’Cover-up” and Flagler County already has too many problems to let this CRAP Case “SILENTLY” disappear!
PC Dave says
I have no doubt this man has gotten away with things his entire life because his daddy is a cop. And funny how his daddy was able to block any attempt at an investigation. If he wasn’t LEO they would have impounded the vehicle and arrested his son on the spot. The only way justice gets done is by the rest of us making our voices heard. Write letters/emails, protest at the courthouse. Put political pressure on the judge to do the right thing. Otherwise, this punk will just get away with it, like he no doubt always has.