Local News

FT. LAUDERDALE (CBS4) ― The jury deciding the fates of two men accused of beating three homeless men with bats, killing one, have suspended deliberations for the day.  They will resume discussing the case Friday morning.  Deliberations began Thursday morning.

Thomas Daugherty, 19, and Brian Hooks, 21, are charged with first-degree murder and attempted murder for their roles in the January 12, 2006 beatings.

During closing statements Hooks' attorney, Jeremy Kroll, tried to convince jurors that his client could not be held responsible for the actions of his cohort, Tom Daugherty, who is accused of the majority of the beatings. "He can't be responsible for what somebody else does unless he consciously intended to help them to that act, a premeditated murder, a conscious killing," Kroll told the jury.

Prosecutors argued if you hit someone with a baseball bat, you have to know the outcome will be serious. "You raise it above your head and you come down across his skull and cave it in," countered prosecutor Peter Holden.

Holden added,"You hit human flesh with one of these and you're intending to hurt somebody and hurt them bad."

The defense and prosecution rested their cases Tuesday after six days of testimony. On Tuesday, after the state's star witness underwent cross-examination by the defense. William "Billy" Ammons, 21, is the former friend of both murder suspects.

Ammons' credibility was questioned in the courtroom, along with his involvement the night the three homeless men were terrorized. Ammons said he joined in on the attack against Norris Gaynor, hitting him in the face with a paint-ball gun and that Daugherty and Hooks beat him with a bat and rake.

After more than a day on the stand, attorneys for Hooks and Daugherty tried to portray Ammons as a liar, saying he lied repeatedly when he was first questioned by police.

Defense attorneys for Daugherty and Hooks claimed Ammons would do or say anything to save himself. One attorney said in court, "If you're testimony helps the State of Florida, you're hoping for 10 years in Florida state prison, correct?" Ammons replied, "If my testimony is truthful, yeah, that's the deal."

The defense countered, "You tell 80 lies before allegedly start telling the truth; how is anyone supposed to know what is the truth coming out of your mouth?"

On Monday, Ammons described how he jumped in when Hooks and Dougherty started beating Gaynor with a baseball bat when they attacked him on a park bench in Esplanade Park. Ammons said he saw blood spray as Daugherty swung repeatedly at Gaynor.

"I saw the blood and it freaked me out. I was surprised he hit him so hard," Ammons said. "Tom was acting like nothing really happened."

Ammons said he fired a paintball gun at Gaynor, who was sleeping on a park bench, as Daugherty swung a bat at his head. He said he ran when he saw blood, and Hooks and Daugherty initially followed him. Daugherty then looked back and saw Gaynor sitting up with his head in his heads. Hooks and Daugherty ran back to the bench, Ammons testified. Hooks took a running swing with a rake handle at Gaynor while Daugherty struck him a few more times with the bat, Ammons told the jury.

Gaynor died of a crushed skull.

Ammons also testified that they all giggled after Hooks and Daugherty, beat Jaques Pierre outside Florida Atlantic University. Pierre's beating was captured on surveillance video which was seen around the world and also shown to the jury on the opening day of testimony.

Ammons testified that he and his friends were drunk and stoned as they prowled around Fort Lauderdale looking for "bums" to beat up. Ammons participated in two of the attacks, using a plastic sword in one and firing a paintball at Gaynor. A fourth man, Joey Griffith, who was 16 at the time of the attacks, had joined the group that night, but was never charged.

The group returned after each attack to Ammons' Fort Lauderdale home, where they smoked marijuana and drank vodka, Ammons said.

In exchange for his testimony, Ammons pleaded guilty to third-degree murder and aggravated battery. He faces up to 20 years in prison. His sentencing is scheduled Sept. 24.

Daugherty and Hooks could face life in prison if convicted.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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