Sunday, December 11, 2016

14-year-old charged with first degree murder in death of elderly Pasco County man. How long before the insane left starts the cry "but he's only a child"?

14-year-old charged with first degree murder in death of elderly Pasco County man

Sunday, December 11, 2016 9:00am

HOLIDAY — A 14-year-old in Pasco County will be charged as an adult with first-degree felony murder after deputies say his brutal beating of Robert Walker caused the 81-year-old man's death just hours after the teen robbed him.

A grand jury indicted Alexander Perez late Friday, about a week after the medical examiner's office officially determined Walker did not die of natural causes following the Sept. 23 attack and home invasion. Deputies and the State Attorney's Office do not believe Perez intended to kill his neighbor, but under the law, it doesn't matter.

Nor does his age, they said. An adult crime deserves adult charges, according to the Pinellas-Pasco County State Attorney's Office.

"If there's a burglary or robbery and somebody dies as a result, and you're the perpetrator, you're responsible for the death," said Chief Assistant State Attorney Bruce Bartlett said.

At a news conference Saturday morning, Pasco sheriff's Detective David Dacey said he couldn't treat the investigation any different than he would if Perez was 40 years old.

Before he died, Walker told detectives — and a television reporter on camera — that it was not the first time Perez had beaten him.

Dacey said Perez has since admitted to attacking Walker previously. He lived less than a quarter-mile from Walker's home on Devonshire Drive.

Deputies said Perez wore a shirt tied over his face that first time and tried to smother Walker with a pillow and steal cash. In the second attack, deputies said Perez attacked Walker on his porch around 2 a.m., forcing Walker into the house and then beating him in his bedroom, investigators said.

The teen also was arrested on other burglary charges stemming from a June 12 incident.

Walker declined medical treatment. When he appeared on a WFLA-TV report following the attack, his face was swollen and he spoke slowly. His breathing seemed labored.

As Walker spoke to the TV reporter and questioned why a teen would try to kill him, a tear in his chest cavity was allowing gas to escape from his lungs, Bartlett said.

Walker's organs swelled, and a buildup of pressure prevented his heart from delivering blood, causing his death.

"Quite frankly," Bartlett said, "these are the proper charges that fit."

Bartlett said Perez would not be eligible for the death penalty and it was too soon for the State Attorney's Office to know whether the case would go to trial. If convicted, Perez would spend at least 25 years in prison.

Florida has a history of treating juveniles convicted of first-degree murder no differently than adults, which resulted in life sentences without a realistic chance of parole. Some minors were told they would have to wait a century or more for such a hearing.

The Florida Supreme Court put a stop to that practice this year, calling it unconstitutional and deciding juveniles must be evaluated for the possibility of parole after 25 years in prison. Former teen killers must prove they have been successfully rehabilitated to be released.

That policy better aligns with the U.S. Supreme Court's 2012 ruling that it is unconstitutional to give juveniles a life sentence with no chance of parole.

"It's difficult for the law to look into the future and see the character of a 54-year-old man when he's 14 years old," said Stetson University law professor Charles Rose.

But even with the Florida and U.S. Supreme Court decisions, Rose said he does not think Florida has totally overhauled its long-held view on minors convicted of murder.

"They're following the letter of the law," he said of the state, "but not the spirit of the law."

Dacey said Perez is being held at the Land O'Lakes Detention Center. He is being kept in a housing block with other juveniles who are being charged as adults, the detective said.

Contact Sara DiNatale at sdinatale@tampabay.com. Follow @sara_dinatale.

Sunday, December 11, 2016