Teen takes plea deal in exchange for testimony in fatal 2021 North Port shooting case
A 19-year-old will serve two years of probation in exchange for his testimony in a case connected to the 2021 shooting death of an 18-year-old North Port teen.
Gavin Smith entered into a plea deal agreement with the State Attorney’s Office of the 12th Judicial Circuit on Dec. 15, ahead of a scheduled jury trial for February 2023, according to court documents.
Smith pleaded guilty to charges of false information to law enforcement and obstruction, both of which are first degree misdemeanor charges, according to court documents.
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Smith was initially charged with murder in the second degree and was set to be tried as a co-defendant along with Navarius O. Mason, 16, in the new year. Both Smith and Mason were arrested in connection to the fatal drive-by shooting of Micah Dankowitz, of North Port, in June 2021.
According to a probable cause affidavit, North Port police responded to a shooting near Porto Chico Avenue on South Biscayne Drive, where they found the victim lying on the ground with a gunshot wound.
Officers learned Mason, Smith and three others drove to meet with Dankowitz and his friend, the probable cause affidavit stated. After arriving in a red Nissan Cube, shots were allegedly fired from within the car toward Dankowitz, who was hit and later died at Sarasota Memorial Hospital.
As part of his plea deal, Smith must acknowledge that the testimony he gave under oath to Assistant State Attorney Karen Fraivillig on Nov. 30 is truthful and be available to testify during Mason’s trial, who is charged with murder in the second degree.
During his proffer, or confidential negotiation, with the assistant state attorney, Smith testified that he and Mason became angry and wanted to fight the victim after another teenager had confided in Mason that she had been sexually harassed or assaulted, according to the transcript of the testimony.
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Smith said he thought the plan was to fight Dankowitz when he, Mason and three others set off to find Dankowitz's home the day of the shooting. When the five pulled up to the victim's house, they saw one person standing outside holding what appeared to be a cinder-block brick in their hand. When Smith and one other attempted to get out of the car, Mason pulled out a gun, according to the transcript.
Smith said during his testimony that he had seen Mason with the gun a few times prior to the fatal shooting but hadn't known that Mason had the gun on him when they drove to find Dankowitz.
When Smith is called to testify during future depositions, hearings, motions, and the trial, his testimony must be in line with what he previously stated in the Nov. 30 confidential negotiations.
His sentence includes two 12-month terms of probation, with some credit for time served, which will run consecutively, and the cost of prosecution. The terms of Smith's probation include no drugs, no alcohol, and no possession of firearms. Smith is also not allowed to contact the victim’s family, or any of those allegedly involved in the case including Mason and five others, the plea agreement stated.
If Smith violates any of the terms of his plea deal, his sentence will be voided and a judge will decide what sentence he will receive. The maximum sentence for the two charges is 24 months in the county jail, according to the court document.
Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.
This article originally appeared on Sarasota Herald-Tribune: Teen takes plea deal to testify in fatal 2021 North Port shooting case
