The mood was somber in Darren McElfresh’s courtroom Monday for the sentencing of Levi Mills, 34, as he was sentenced to five years in state prison for violation of Penal Code 18715, the crime, The crime is a felony to recklessly possess such devices on a public street or highway, near any building, private habitat or near any vehicle or vessels carrying passengers. The sentence is flexible for two, four or six years.
Mills received a two year prison sentence with an enhancement of additional three years for causing great bodily harm and aggravating circumstances.
Last July 4th 2024 mortars and unclassed illegal fireworks injured 14 individuals on South Beach and four year old Baby B, who survived critical injuries including a collapsed lung. Baby B has survived and his parents say his recovery was a miracle The still-four year toddler is undergoing skin grafting. Indeed, he is lucky to be alive.
Victim survivor statements were stunning and emotional. Some of the victims shared the impact stories on themselves. At least two victims blamed the premature deaths of their spouses because of the explosions.
District Attorney Katie Micks showed her support for mitigating Mills’ sentence. Micks praised Mills cooperation in the investigation. Defense counsel David Cooper echoed a predictable similar empathetic statement. All, including Judge McElfresh, were quick to acknowledge, the offense was not intentional and was the first and only crime ever committed by Mills; nonetheless, Judge McElfresh followed the law and did his job well with complete professionalism.
Mills, a new father, will serve at least 85 percent of his sentence, as the felony is a strike: four years, six months. Other court costs and civil damages totaled about $3600.
Mills was taken into custody after sentencing , to be transferred to Dept. of Corrections and Rehabilitation.
The message was clear based on this past July 4th recognition. The event was sans private fireworks, celebrated America’s birthday was safe, calm and quite enjoyable. There were no incidents.