FORT LAUDERDALE, FLA. (WSVN) - A teenager who pleaded no contest in court to kidnapping and raping a woman and livestreaming the crime in Hollywood was sentenced to 41 years in prison.
On Friday, Broward County Circuit Judge Peter Holden sentenced 17-year-old Terry Berger-Smith in connection to the rape a woman on a Hollywood sidewalk back on June 10, 2022.
“I sentence Mr. Smith at this time to the lowest permissible range under the sentencing guidelines, to 495 months in a Florida State Prison. This equates to 41.24 years,” said Holden.
Berger-Smith was 14 years old at the time of the crime when, prosecutors said, he stalked a woman and approached her on the 300 block of South Park Road at around 4 a.m. — all within walking distance of the Hollywood Police Department headquarters.
Authorities said Berger-Smith was following the victim, who was walking to work when he ambushed her, pushed her into bushes nearby and assaulted her multiple times. He livestreamed the crime and was heard telling the victim he had AIDS.
After the Broward State Attorney’s Office considered the facts and evidence against Berger-Smith, a panel of senior prosecutors decided the responsible course of action was to file criminal charges in the adult system.
Berger-Smith entered a plea of no contest. His attorney asked the judge for leniency as his client was only 14 at the time of the crime and to sentence him to six years in prison instead of 44 years.
Before the judge gave his sentencing, Berger-Smith apologized to the victim’s family and begged the judge for a short sentence.
“I would like my freedom, I would like a chance to be a normal person, and not a criminal and not a menace to society,” he said.
However, when the victim’s mother took the stand, she told the judge he didn’t deserve a second chance or a lighter sentence.
“The terror and suffering that [the victim] went through at the hands of this person, who despite being underage committed an adult crime, has left scars on her soul,” said the victim’s mother. “It is devastating to witness the profound impact this cruel act has had on [the victim’s] life.”
She asked the judge to set an example despite Berger-Smith’s age.
“The sentencing of this person despite his age, must reflect the severity of his actions and serve as a deterrent to others who seek to commit such acts of violence,” said the victim’s mother.
She added, “Deliver a sentence that not only holds this person accountable for his actions but also sends a clear message that such behavior regardless of age will not be tolerated in our society.”
The judge agreed and sentenced the 17-year-old to four decades in prison.
“Certainly, the age would qualify it, but the facts of the case do not justify it,” said Holden. “He’s proven not to be a young man anymore. The things that he did, not only physically but emotionally to this woman, is tough.”
After sentencing, the mother spoke to 7News to thank the Hollywood Police Department and Broward State Attorney’s Office.
“I really would just like to thank the police department, state’s attorney; they did really good work. I feel like they did the best they could, and I feel like what would happen is fair,” said the victim’s mother.
Berger-Smith’s parents also took the stand before sentencing to express how hard it’s been to comprehend why their son would commit such a heinous crime.
“How did we get here? That’s a good question; I’m trying to understand myself,” said Robert Smith, Terry’s father.
“I didn’t raise my kid knowing that one day he’d do such a thing, you know, and I’m ashamed, because I feel like maybe I missed something,” said Severine Smith, Terry’s mother.
Berger-Smith will be 58 years old when he is released from the Florida State Prison. He has 30 days to appeal his sentence.
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