Jan 5, 2007 11:08 pm US/Eastern
State: No Death Penalty In Broward Homeless Murder
D. Lastra
FT. LAUDERDALE (CBS4) ―
-
-
Norris Gaynor was allegedly beaten to death by 3 teens
CBS4 News
A teen suspect accused of murdering a homeless man in Ft. Lauderdale says he was roughed up by jail guards, but that may be the least of his worries.
Three teens, including this alleged jail victim, stand accused of brutally beating a homeless man to death in Fort Lauderdale last year. Even though there was the possibility they would face the death penalty if convicted, prosecutors decided against it. However the state now wants them to face witnesses to see if they were involved in other homeless beatings.
Florida prosecutors say 19-year-old William Ammons and 19-year-old Brian Hooks had been eligible for the death penalty but because the third defendant, Thomas Daugherty, was 17 at the time and by law can't be executed, prosecutors decided against seeking capital punishment for any of them.
Assistant State Attorney Brian Cavanagh cited state Supreme Court rulings that require proportionate punishment for defendants facing the same charges for the same crime.
Defense attorneys praised the state's decision. Hooks' attorney, Jeremy Kroll, called the move ``intellectually honest.''
The three now face the maximum punishment of life in prison if convicted on first-degree murder charges for the killing of Norris Gaynor and the beatings of two other homeless men.
One of the beatings was captured on a surveillance camera and broadcast around the world, helping detectives crack the case.
While they will not face death in this case, prosecutors told the court the three teens are now suspected in a number of other homeless beatings, and they asked permission for the teens to be presented to prospective witnesses in a lineup.
"We believe there may be other alleged evidence out there regarding prior incidents or beatings, just allegations at this point," Cavanaugh said after Friday's hearing. "We wanted to confirm those allegations, by having a live lineup where the defendants are ordered to appear, where witnesses can view them."
In a surprising development in the case, the main suspect in the beatings now claims he himself was a victim, of an alleged beating by a Broward Sheriff's Office jail guard.
Tom Daugherty claimed in court Friday that he was hit in the face by a guard, while he was riding in the elevator to the courtroom. Daugherty told the judge that the act was seen by other deputies and inmates in the elevator with him.
Daugherty says in addition to the slap he was threatened, allegations which the court promised to investigate.
BSO officials confirmed that video inside that elevator showed a guard shoving Daugherty, and they have launched an investigation into the matter.
((© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
CBS4 news partner The Miami Herald contributed material for this repo)
Click to enlarge
Stumble It!
