RE: 6 girls beat up 16 year old; two boys keep watch
It official, ALL of them will be tried as Adults.
8 Teens To Be Tried As Adults In Polk Beating Case
BARTOW - Prosecutors raised the stakes in the videotaped beating of a Lakeland girl with their decision today to try eight teenage defendants as adults and with crimes that include kidnapping.
The defendants, one as young as 14, now face a penalty of up to life in prison.
The mother of one of the suspects said she can't understand the prosecutors' decision.
"Look at their ages, they're not adults," Christina Garcia, the mother of Mercades Nichols, said. "They still have a teenage mentality."
All eight are scheduled for a first court appearance Friday in Bartow to face the kidnap charge and a charge of misdemeanor battery, said Chip Thullbery, spokesman for the state attorney's office in Polk County. Three of the eight also face felony charges of witness tampering.
Tom Scarritt, a Tampa defense lawyer who is not connected with the case, said he wasn't surprised the defendants are being charged as adults but did consider it unusual that all eight face a kidnapping charge.
"There's going to be some ringleaders and some followers," Scarritt said. "There will be different degrees of culpability."
John Trevena, defense attorney from Pinellas County, called the decision "extraordinarily harsh and unfair to the defendants."
"The reality is, despite how the video may sensationalize what happened, that girl was not seriously injured," Trevena said. "But because there is a video, there's political motivation to capitalize on that."
The father of one of the suspects agreed.
"Grady Judd is a big showboater," Robert Schumaker, the father of Stephen Schumaker, said, speaking of the Polk County sheriff. "He's got this blown out of proportion and nobody's happy about it."
Attorneys and others involved in the case are prohibited from speaking publicly about it under a gag order issued Wednesday by Polk Circuit Judge J. Michael McCarthy. McCarthy cited what he viewed as excessive publicity.
The beating on the night of March 30 was videotaped for posting on the MySpace and YouTube social-networking sites, Judd said Sunday. It was meant as retaliation for trash talking online by the beating victim, 16-year-old Victoria Lindsay, Judd said.
The sheriff's office made the arrests Sunday and released a three-minute clip of the video Monday.
Six girls, all students at Mulberry High School, are accused of taking turns beating Lindsay. The three who also face charges of witness tampering Brittni Hardcastle, Brittany Mayes and Nichols, all 17 – are accused of driving Lindsay around afterward and threatening to beat her again if she talked to law enforcement.
She was later dropped off at an intersection.
The other three girls are April Cooper, 14; Kayla Hassell, 15; and Cara Murphy, 16.
Two males, Shumaker, 18, and Zachary Ashley, 17, are accused of acting as lookouts.
Thursday, a spokesman for YouTube said the company is removing copies of the beating video from the Web site as well as any videos that provide personal information about anyone involved in the case.
Darlene Ashley, a Lakeland woman, said Wednesday she received a number of threatening phone calls from people who mistakenly thought she was the mother of Zachary Ashley. Darlene Ashley's phone number and address, along with those of the defendants in the case, had been posted on YouTube.
Robert Schumaker and Christina Garcia told News Channel 8 that their families have also received threatening calls.
"We've been getting death threats here, all kinds of phone calls all the time," Schumaker said. "Our nerves are just shot."
Garcia said, "Oh, we're getting death threats. I called the sheriff's department. When the deputy came out, he told me he wasn't going to do anything for me because my daughter is the suspect and not the victim."
Lindsay tol