Terrell A. Sampson, the 20-year-old Bunnell man who opened fire on three people on a street in Bunnell in January 2022, triggering a shootout that killed 16-Year-old Noah Smith, was sentenced to 12 years in prison this morning. No probation following the sentence was imposed.
Sampson’s bullets did not hit Smith, but Circuit Judge Terence Perkins noted that had Sampson not opened fire, the shootout would not have followed.
Sampson pleaded last October to three counts of attempted manslaughter and possession of a firearm by a delinquent. He had originally faced three attempted second degree murder charges that, had he been convicted at trial, might have led to life terms. The plea was part of a layered agreement that would have limited the sentence to 5 to 15 years, with the assumption that Sampson would testify against three other men involved in the case: Devandre “Dre” Williams, Tyrese “Pooh” Patterson, and Stephen “Kreek” Monroe.
Another part of the plea was conditioned on Sampson’s agreement to become a witness for the state against the three other defendants.
Last July, on the eve of his trial, Patterson pleaded out. His sentencing is scheduled for Sept. 6. He faces up to 50 years in prison. The cases against Williams and Monroe are ongoing. Williams faces a s, Monroe a first degree murder charge. Both are life felonies.
Assistant State Attorney Mark Johnson told Perkins today that Sampson’s deposition had gone poorly. The state no longer intended to use him as a witness, making that part of the condition in the plea agreement invalid.
But was it? The judge wanted to know whether Sampson lied during the deposition, or whether his testimony during the deposition simply did not prove useful to the state–two different things. One would mean that Sampson was being intentionally obstructive, breaking his part of the deal. The other would mean that the state simply did not find what it thought it would in his testimony. It proved to be the latter.
“What I do know for sure is his testimony was inconsistent,” Johnson told the judge, and especially in consistent with what the other defendants said. His testimony at their trial “would be counterproductive to the state’s case,” Johnson said.
“You felt his testimony was inaccurate but not necessarily untruthful,” Perkins asked Johnson.
“That’s correct,” Johnson said.
Sampson’s sentencing scoresheet resulted in a minimum of 10 years
Still, Johnson argued for a 15-year prison sentence, “primarily based on his record,” Johnson said, which includes prior cases of aggravated assault with a deadly weapon, unlawfully carrying a concealed weapon, drug charges and battery charges, domestic and otherwise. Even Sampson’s attorney, Assistant Public Defender Courtney Davidson, conceded that the record is “atrocious.”
Fifteen years, Johnson said, is “a fair sentence based on his record and the nature of this particular case.”
Davidson said Sampson was “taking full responsibility for his role” in the shooting. A letter he’d written and that Davidson handed to the judge made the point: “I admit I made some bad and immature decisions that has me standing before you today,” Sampson wrote in a legible, careful script . “All I’m asking for is another chance and opportunity at life. I learned a major and valuable lesson out of this situation, and after this I plan on talking to and helping the youth out. I know I can’t save them all but if I can save a couple it would be my way of giving back to the community.”
Sampson wrote about his plans to get a commercial driver’s license and to pursue higher education, he wrote of how the situation was “a blessing to me” because it gave him time to reflect and gave him a new perspective on life, but for all the repetitions of the first person singular, the page-long letter was void of a single reference to Noah Smith’s life, a single reference to the harm and hurt he’d caused, a single sense of awareness of the chances and perspectives and open eyes his action robbed a young life that was barely beginning.
The judge read the letter before imposing sentence. Davidson argued that Sampson deserved a sentence at the bottom of the guidelines, and that the state had anyway been willing to look past the record when the plea agreement was taken, as long as Sampson was cooperative as a witness. He had been, she said. “We can’t say that he was being untruthful or tried to hide anything on purpose” during the deposition, Davidson told the judge.
“Mr. Sampson escalated this situation by turning to what I would call deadly force, right?” the judge asked her. “Is there any evidence that deadly force was being threatened or used by anyone else before he started firing?”
“To my knowledge, you honor, no,” Davidson said.
After some additional deliberations, the judge ruled: “This is not a bottom of the guidelines case. The benefit to Mr. Sampson is that the resolution of this case as negotiated on his behalf is a very, very good resolution for him. I’m not sure without that resolution, I would have been in that range at all. But with that resolution, obviously, I accepted the plea.” He then sentenced him to 12 years with credit for time served, the sentences running concurrently on all the charges.
Sampson has been held at the St. Johns County jail for his protection–as a state’s witness–but was now requesting to be returned to the Flagler jail as he awaits transfer to state prison. The judge said he would leave that up to the Sheriff’s Office.
A few members of Sampson’s family were in the courtroom for the sentencing. He caught a few glimpses of them, or tried to, but was ordered by bailiffs not to turn around. He managed a little wage of the hand, his hands in manacles, as he was being fingerprinted, before he was ushered out a side door.
Same old story says
So let me get this straight, this man opens fire into a crowd. Resulting in a life beng taken, too soon, and Perkins gives him a lousy 12 years ? Yet he sentences Brandon Depa to 5 years for aggravated aasault ? He suffers from severe autism, and was immediately gets Baker Acted when he goes to County Jail ? What am i missing ?
Joe D says
For Same old Story:
Sampson didn’t “technically” shoot anyone, but he started the gunfight that resulted in the 16 year old’s death. That makes him partially responsible. He agreed to testify against the other defendants as part of a plea deal to get reduced time. One of the other defendants also decided to plead guilty the day before the trial (also for a deal). The third defendant is due to stand trial. Sampson participated in giving testimony against this defendant too, however the prosecuting attorney now says that even though Sampson cooperated and told the truth, he is not the most convincing witness, so THEY decided after the deal was made, they were not going to use the testimony…not Sampson’s “fault,” so the deal stands.
Depa’s case had different circumstances, and there really wasn’t much of a “deal” to be made (given the entire assault was caught on camera). Given the Charges against Depa, he COULD have gotten 20+ years.
The prosecution (within limits) has to decide how STRONG a case they have against any particular defendant, then they also measure whether they can prosecute co-defendants by getting other defendants to “testify” against each other.
It’s usually a calculated risk for prosecutors to offer “deals”, so they can get as many violent offenders off the street without running the risk of them being found not guilty in a trial. and being released back on the streets.
Sampson’s “deal got prison sentences for two of the defendants., and the third defendant is going to “take his chances” At a trial!
If there were no opportunities to make deals in these cases, we’d have to build even more jails at approximately $110,000 (or more) per inmate, per YEAR.
Same old story says
Joe D, I nevsr said that he shot anyone. I said be shot multiple times into a crowd. He is lucky be did not kill or seriously injure someone. Obviously that was his intent. I dont think that that he had terrible aim is reason to get a easy sentence. He set the following actions in play. So he spilled his guts to save his butt. A young, innocent man is dead, and every inmate at the prison he is sent to will know he is a snitch befote he even arrives tbere. Ya gett what ya give. Enjoy it
Joe D says
We are going to see multiple cases like this in the future. Guns are everywhere! And the new Florida laws, allowing “almost” total access to MOST firearms without a license, background check or any MANDATORY training. Our illustrious Governor even tried (and failed ) to lower the gun purchase age back to age 18 (originally raised after the Parkland School tragedy).
I’m so tired of the “guns don’t kill people, people kill people” argument! Few if any developed European countries have the per capita gun related deaths ( that means the gun deaths divided by the country’s population), that the USA does. The Founding Fathers didn’t have “open carry” in mind, when they wrote “Right to keep and bear arms.” They were intending to have an “on call” citizen militia, since there were NO LOCAL POLICE DEPARTMENTS.
Guess , soon, we’ll be so used to this kind of tragedy in our local area, that we won’t see it as an unusual occurrence… how SAD!
LuLu says
Sampson pleaded last October to three counts of attempted manslaughter and possession of a firearm by a delinquent.
POSSESSION OF A FIREAMR BY A DELINQUENT! He did not legally have a gun!
Guess what? GUNS DON’T KILL PEOPLE. PEOPLE DO!
Geeze!
Michael T Ashcom says
Look at his mugshot smiling with his dreads and grill. System is a joke, life without parole should have been the answer here, but watch “he will be on the news within 9 years” conflicting more problems and then people are going to say, well if he was still in prison this wouldn’t have happened.
A concern Parent says
I’m going to say this and don’t care who knows me …..If they parents was a real Mother to these boys instead of being there friends and letting them run all over town selling drugs stealing there cars and stealing from family members hanging out late and still alive to come and go as they please…All this type of foolishness start from home I know all these boys parents if they had a father in there lives is what people love to holla well to the people that always say that their daddy’s was shacksters dope dealers running pill mills and supplying the drugs to there own people.This lil town everybody knows everybody.Their foot dragging moms didn’t care what happened all they wanted to do was be on all social media platforms and be in other people’s business just messy. But after happen all the sudden they child innocent girl bye! All these boys scared right now but when they plot against this baby they killed don’t get another chance it’s sad because they all was friends once…again no structural in home no training no nothing and they parents still in Bunnell still in people business still acting like they happy but in reality they hurting and not for there child they hurting on their messy life and now hopefully the ones they have left at home this will so how put all their attention on them before they become welfare and food stamps bound raising kids without a father like how they was raised…Parents do better by your children especially your boys raise them as men tell them about God not how you was back in the days time to grow up step to the plate get it together and raise these children carefully watch them closely talk with them have family day have family meeting day ask them questions on how they feel tell them to voice their opinions same with your girls it’s never to late let them know it’s ok to be different just be bold and have no pride teach them to be leaders not followers teach your young ladies to be business owners teach your men to be business owners as well not gangster think before you open that hole in your face and cause another earthquake…..