Wesley Somers of Hendersonville was set be sentenced Tuesday in federal court for his role in the Nashville courthouse fire, but the sentencing was delayed for a second time. The reasons for the second postponement to February 22 are now clear.
The Tennessee Star previously reported that Somers’ original sentencing date was December 1st, 2021, and had been moved to January 18th, 2022.
Documents obtained by The Star show that Mr. Somers’ counsel made an unopposed motion to Judge Aleta Trauger on January 10 to continue sentencing. Both the defense and the prosecution agreed on the February date.
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Defense counsel R. David Baker – listed as an assistant public defender – stated in the motion that, “Assistant United States Attorney Benjamin Schrader has authorized undersigned counsel to represent to this Court that the government is not opposed to the requested continuance.”
The court filing states that the defense counsel needs more time to prepare for the sentencing hearing.
Defense counsel needs time to complete his investigation into certain information raised in the Presentence Report, including an enhancement to the offense level. Defense counsel also need additional time to provide his written response to the probation office concerning the information contained in the presentence report. (emphasis added)
It is unclear what “an enhancement to the offense level” refers to. Mr. Somers was indicted on October 14, 2020 and has pled guilty to the federal charge of Malicious Destruction of Property Using Fire or Explosives. Is it possible more information is available in presentencing reports; however, those documents are under seal, the Clerk’s Office of the Middle District of Tennessee told The Star.
The defense also states in the motion that they intend to call Dr. Kimberly Brown as a witness at the sentencing, “concerning a psychological evaluation of Mr. Somers.”
Judge Aleta Trauger granted the defense motion for a continuance, and the sentencing is now scheduled to take place on Tuesday, February 22, 2022 at 1pm.
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Mr. Somers was arrested and charged due to video and photography on various social media and other websites. The U.S. Attorney’s Office previously stated that, “Numerous video clips and photographs of the destruction at the Courthouse were posted on social media websites, on the websites for news outlets, and on other Internet sites. Somers is depicted in video clips and photographs from that evening attempting to smash windows of the Courthouse. One photograph depicted Somers holding an unknown accelerant, which had been set on fire, and placing the accelerant through the window of the Courthouse.”
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Aaron Gulbransen is a reporter at The Tennessee Star and The Star News Network.
