It was an unusual, if not an unheard-of scene in Circuit Court this morning, before Judge Dawn Nichols. Derrius Bauer’s mother stood at the podium in front of the judge, sobbing, begging her son, who was sitting a few feet from her, to take the plea the state was offering him.
Bauer is insisting on going to trial on a charge of first-degree murder. He is alleged to have conspired with Marcus Chamblin in the murder of Deon Jenkins at a Palm Coast Circle K in October 2019, when Chamblin fired a hail of bullets from an AK-47-like rifle at the car Jenkins was sitting in. Chamblin was tried and found guilty of murder by a jury that deliberated barely 30 minutes. He was sentenced to life in prison.
Bauer had met with Jenkins outside the Circle K moments before the shooting, and according to prosecutors, had lured Jenkins to the store. Bauer then drove off, and after the shooting, picked up Chamblin and returned to the Palm Coast motel where they were staying.
Bauer is maintaining his innocence. He didn’t fire the gun. He wasn’t at the scene at the time Chamblin killed Jenkins. He had nothing against Jenkins. All true. His defense will likely make the case that he had no idea Chamblin intended to murder Jenkins.
But Jenkins is dead, and Bauer, based on copious evidence the prosecution already revealed at Chamblin’s trial, including cell phone records and surveillance video, drove Chamblin to the scene, called Jenkins, spoke with Jenkins in person, and drove Chamblin away from the scene. (Jenkins had been rooming with Chamblin’s brother. They had an argument. It’s never been made clear over what. Chamblin’s brother told Chamblin about it. Chamblin got angry and said he’d kill Jenkins.)
Assistant State Attorney Marc Johnson is offering a 15-year prison sentence and a plea to accessory. The 15-year sentence looks longer than it would be. Bauer has been at the Flagler County jail since January 2021. Those four years will be credited to him. He can build “gain time”–time off for good behavior–of up to 15 percent of his sentence once in prison. That would be close to two years. So he would be out of prison in nine years, before his 40th birthday. He is 30.
Nichols tried to impress on him the value of the state’s offer. Just last week she convinced two unrelated defendants who were facing mandatory life in prison if convicted at trial to take pleas that cut their prison time significantly. Nichols in both cases spoke of the recent convictions and life sentences of two young men before her who had “rolled the dice” in hopes of an acquittal. (See: “How Judge Nichols Talked 2 Defendants Off Ledge of Risking Life in Prison at Trial and Accepting Plea Deals Instead.”)
When she was getting nowhere with Bauer, she called his mother to come before her. She’d been in the gallery. “I don’t know if you have any ability to have any sway over him at all, but to have him out in his late 30s, as opposed to him being imprisoned for the rest of his life,” the judge told Bauer’s mother. It was the closest mother and son had been to each other since his incarceration in 2021. He could have reached out and touched her from his seat in front of the defendants’ table, where his attorney, Wayne Henderson, was sitting.
At first his mother, who looked young enough to be his sister, seemed to be supporting Bauer’s decision. She believed in his innocence.
“There’s evidence,” the judge told her. She understood what was in her mother’s heart, she said. “But he’s the one that has to do the time, not you, spend the rest of his life in prison. He comes out one way, and that’s in a pine box. And I’m not saying that to be mean. I’m not saying that to be harsh. That’s how heavy this decision is.” She spoke of the two recent cases that ended up with life sentences. “So I’m glad you’re here. It’s a tough decision, but at least one decision, he has control over his destiny. He has some control.”
The judge was reaching Bauer’s mother. She asked how the nine years would end, and whether her son would be on probation afterward. He would not be, Nichols said. “He gets out, he’s out. He can go home to you.”
As the terms of the deal became clearer, Bauer’s mother broke down and pleaded with him. No one but the judge or his attorney was allowed to speak to Bauer, who wasn’t even allowed to look behind him at the gallery. And when his mother moments earlier had aske the judge whether she could speak to her son, the judge said no. But she could speak her mind, addressing the court. At first Bauer’s mother did so, but gradually she turned just so to speak directly to her son, and Nichols did not stop her. She knew this was probably the only chance to get Bauer to change his mind.
Bauer’s mother could see it: the evidence looked bad, and in front of a jury, it would look very bad, she said through tears at that point. “It’s not worth it. It’s not worth it,” she pleaded with Bauer, who looked on, his face stoical, at least outwardly. As had been his entire demeanor since his arrest. She told him it was his decision, “but please think about this. Please.”
Bauer didn’t change his mind. But he told the judge that he would think about it. His trial is set for May.
