More than four years have passed since the Upper Florida Keys community lost a young and bright Pascal Weisberger. And more than four years later, a trial is set for Daniel Weisberger, the brother accused of killing his younger brother and injuring his father the morning of May, 7, 2020.
Daniel, now 21, is facing charges of second-degree murder and attempted first-degree murder. He’s accused of stabbing his brother to death inside their apartment at Executive Bay Club in Islamorada during the early morning hours. He’s also accused of attempted murder after allegedly stabbing and choking his father against inside their home.
He initially filed a plea of not guilty in June 2020. The case was originally slated for a jury trial in September 2020, but questions about whether Daniel was competent to stand trial pushed it back several years. Jury selection is now set for Thursday, Nov. 7 at the Plantation Key Courthouse.
Ariel Poholek, the father, was airlifted for injuries he suffered during the 2020 attack. He’s spent the past several years grieving while hosting days of service with the Keys community to honor the life and legacy of Pascal. Poholek has also been fighting to keep his only remaining son, Daniel, from potentially spending decades behind bars.
Poholek, who’s long criticized the state attorney’s office for charging his son as an adult and not a juvenile, believes the psychotic attack was the result of years of physical and emotional cruelty he faced during his early years. He also placed blame on an inadequate mental health system to help him overcome the psychological issues, and multiple state agencies for failing to place Daniel in a safe and stable environment.
“Pascal’s death was an incomprehensible tragedy for us as a family and the community at large, but that doesn’t mean that Daniel doesn’t deserve our empathy and a second chance,” Poholek told Keys Weekly in an interview on Oct. 13.
On May 28, 2020, the Monroe County state attorney’s office announced Daniel would be charged as an adult. Gail Connolly, assistant state attorney at the time, told Keys Weekly in an interview following the announcement that several factors determined whether to charge him as a teenager or adult, one being the seriousness of the offense. The other factor was the fact he was 17 at the time and there wouldn’t be much time left for the department of juvenile justice to supervise him.
Upcoming trial brings back a horrific day
A chaotic scene erupted as helicopters, tactical teams and law enforcement agencies from Monroe and Miami-Dade descended upon Islamorada and Tavernier, searching for Daniel the morning of May 7, 2020. Hours before, neighbors heard a disturbance inside the family’s Executive Bay Club apartment where the alleged incident occurred.
A press conference by Sheriff Rick Ramsay later that afternoon revealed details surrounding the attack which took the life of Pascal, 14, and severely injured Poholek. Daniel fled following the alleged attack. A massive search for Daniel ensued, as agencies scoured wooded areas and neighborhoods near Executive Bay Club.
Daniel was taken into custody the next day after he ran into the path of a truck on U.S. 1 near Executive Bay. He was taken to a hospital for treatment and transported to the Monroe County Jail on Stock Island.
According to court documents, Weisberger was deteriorating during his incarceration inside the Stock Island facility. By the direction of the court, he was eventually transferred to the state Department of Children and Families.
Daniel’s competency in question
On July 24, 2021, the defense requested a hearing to determine whether Daniel was competent to stand trial. Per court documents, Daniel had an extensive history of mental illness. The defense retained psychiatric expert Dr. Mark Mills, who visited Daniel July 12, 2021.
During an evaluation, Mills contacted Daniel’s defense lawyers to express his concerns regarding his mental state. Mills also described Daniel as “actively psychotic” and “clearly in no mental state to assist his attorneys in his defense.” Mills shared concerns that the medication he was receiving at the jail since he arrived in 2020 was inadequate to treat his mental illness.
By order granted by the court in October 2021, Mills was able to conduct another mental health evaluation on Daniel via Zoom. Mills wasn’t able to provide the evaluation until January 2022 due to COVID restrictions and other issues. Mills’ report concluded that Daniel was incompetent to stand trial due to his mental state. In February 2022, the court ruled Daniel incompetent to stand trial and committed him to the Department of Children and Families for treatment to restore his competence.
As requested by the defense, evaluations on Daniel were also done by neurologists Dr. Michele Quiroga and Dr. David Ross. A report by Ross stated he witnessed “a frank psychotic episode with visual/auditory hallucinations, delusions and some apathy/withdrawal toward me.”
On May 15, 2022, the court ruled Daniel was still incompetent to stand trial. Daniel was committed to the South Florida Evaluation and Treatment Center for competency restoration.
By July 2023, the South Florida State Hospital filed an evaluation stating Daniel was competent. The court ordered Weisberger to remain with DCF to receive appropriate care and treatment until his case is resolved so his competency can be assured at the time of trial.
By October 2023, the court found Daniel competent to stand trial.
Court hearing seeks gag order on Poholek and family
Recently, a court hearing saw a motion by the state attorney’s office to place a gag order on Poholek and his immediate family. Colleen Dunne, assistant state attorney who presented the request to Judge Luis Garcia via Zoom, acknowledged they didn’t want any more publicity on the case amid fears that more posts by Poholek and media exposure could taint the jury pool.
“Whether or not we pick a jury now in the Upper Keys, Key West or another jurisdiction, that won’t affect the state’s position in this case,” Dunne said.
Garcia ultimately agreed to prevent Poholek from providing comments to media outlets on details surrounding the case.
“That exposure in a very small community will possibly make jury selection in his son’s case much more difficult,” Garcia said.
Garcia didn’t stop Poholek from expressing his emotions and feelings to social media ahead of the Nov. 7 jury trial involving his son Daniel. Poholek told Keys Weekly before the hearing that the gag order was, in his opinion, “a form of harassment and intimidation” against him.
Poholek has taken to social media urging the public to contact the state attorney’s office and express support to give Daniel a second chance at life. A petition on change.org expressing support for Daniel having his case resolved by a plea agreement of not guilty by reason of insanity garnered more than 7,800 signatures. Poholek said if the case were resolved by a plea of not guilty by reason of insanity, Daniel would be able to receive long-term mental health treatment and rehabilitation as opposed to incarceration.
State Attorney Dennis Ward told Keys Weekly on Oct. 30 that the case will proceed to trial.
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