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Updated: 03:43 PM EST
Teen Guilty of 'Wrestling Death' Freed
Lionel Tate Was 12 When He Killed Playmate
By Jim Loney, Reuters
FORT LAUDERDALE, Fla. (Jan. 26) - A Florida teenager sentenced to life in prison for killing a playmate was ordered set free under a plea deal on Monday after serving three years for a crime that touched off a national debate on the prosecution and punishment of children.
Reuters
A guard escorts Lionel Tate into the Broward County Court House for a bond hearing.
Lionel Tate, who was tried and convicted as an adult for first-degree murder in the death of 6-year-old Tiffany Eunick in July 1999, was released on his own recognizance three days before a hearing at which he will plead guilty to a lesser charge of second-degree murder.
He will have to wear an electronic monitor so that police can track his movements until the new court hearing.
Tate, now 16, was 12 when his playmate died and 14 when he was sentenced to life in prison, a mandatory punishment in Florida for a first-degree murder conviction.
An appellate court in December granted him a new trial, ruling that he should have been evaluated to determine if his young age meant he was competent to consult lawyers and understand the legal proceedings against him.
Prosecutors then offered Tate the same deal he rejected before his trial -- three years in prison, a year of house arrest and 10 years of probation in return for a guilty plea to second-degree murder. He has already served the three years.
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The boy's lawyers argued at his trial that the girl's death was an accident that occurred when Tate tried to copy wrestling moves he had seen on television.
Tiffany Eunick suffered the fatal injuries during a visit to Tate's home in Pembroke Park, Florida, a Fort Lauderdale suburb, on July 28, 1999.
Medical experts testified that the girl's skull was fractured and part of her liver was detached. The jury was shown large autopsy photographs of her contusions, fractures and other injuries.
Tate, a heavyset boy, weighed about three times Eunick's 48 pounds.
His lawyers' argument -- that the boy was imitating moves he saw on televised professional wrestling, an entertainment sport populated by cartoonish characters in colorful costumes -- drew national attention.
The defense tried unsuccessfully to subpoena professional wrestlers, including Dwayne "The Rock" Johnson, to testify.
Tate was convicted in January 2001 of first-degree murder and was led from the Broward County courtroom with tears flowing and hands cuffed. He was 13 at the time.
He was expected to walk free a few hours after Monday's court hearing at which his release was ordered.
01/26/04 14:03 EST
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