Terry Berger-Smith was just 14 years old when, according to investigators, he stalked a woman on her way to work and raped her, livestreaming his crime on the internet within walking distance of the headquarters of the Hollywood Police Department.
Now he’s 17 and about to find out how much of his life will be spent in prison.
Berger-Smith quietly pleaded no contest on June 12 to five criminal charges, including sexual battery and kidnapping, a charge that would land an adult in prison for life. The plea came with no promise of leniency. Prosecutors are going to ask for a 30-year sentence followed by lifetime sex offender probation, said State Attorney’s Office spokesman Aaron Savitski.
Broward Circuit Judge Peter Holden is scheduled to decide Berger-Smith’s fate at a hearing Friday.
Minors cannot be sentenced to life without parole in Florida for any offense other than murder, and appeals courts are frequently asked to weigh in on whether judges went too far when imposing prison terms on teenagers.
Defense lawyer James Lewis said this week he’s not expecting a slap on the wrist for his client.
Prosecutors announced in August 2022, two months after the crime was committed, that Berger-Smith would be charged as an adult, citing the severity of the crime. According to police reports, Berger-Smith told the victim he wanted to add her to his “collection,” that he had AIDS and that he was looking to impregnate her.
There has been no indication that the defendant actually had AIDS or HIV, the virus that causes the fatal disease.
In a motion seeking leniency, Lewis said his client was too young at the time of the offense to fully appreciate how wrong it was.
“Numerous scientific studies demonstrate that a 14-year-old brain is not fully developed, which is a primary reason why we have a juvenile justice system,” he wrote.
The victim will have the opportunity to make a statement before Holden imposes his sentence.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457.
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