http://www.pensacolanewsjournal.com/news/042303/Local/ST006.shtml

PUBLISHED WEDNESDAY, APRIL 23, 2003

Teen murder case going to trial

Youth faces life in prison in stabbing death of uncle

Alan Gomez
@PensacolaNewsJournal.com

Daniel Carter has been wrestling with a decision few 15-year- olds ever have to make.

Accused of first-degree murder in the death of his uncle, Jack Carter, should he take a plea bargain that would ensure a prison term of about a decade or roll the dice with a trial and face a possible life term in prison?

Carter, kept in solitary confinement at the Escambia County Jail for the past week, has decided he will stand trial.

His attorney, James Stokes, announced the decision Tuesday during a brief hearing in Circuit Judge Terry Terrell's chambers. The judge scheduled the trial for mid-July. Stokes struggled with the options but seemed sure Carter would opt for one of the plea bargains until last week when they met at the jail.

"He told me at that time he has changed his mind," Stokes said Tuesday. "He is adamant at this point that he wants to take it to a jury trial."

Cindy Carter, who sat behind her son during the hearing, took part in a demonstration earlier in the day supporting her son's juvenile rights.

She passed out fliers outside Pensacola City Hall and was joined by three activists from the Kids In Court organization. Two young children posed next to the group behind a set of fake jail bars. The group was protesting at the "Capital for a Day" event, which brought Gov. Jeb Bush and other state officials to Pensacola for the morning.

"The goal is to set him free," she said. "And we have full faith that will happen as soon as the jury and Judge Terrell hear all the facts. My brother was a casualty that night, but my son was the victim."

Childs' rights activist Donna Gallegos backed Carter's case.

"(Jack Carter) was drunk and on steroids and Valium," she said. "He had shells in his pocket, rope in his pocket and a loaded gun in his car. Clearly, (Daniel Carter) never should have been charged with first-degree murder. He was only defending himself."

Cindy Carter said her son understands what he's getting into.

Assistant State Attorney David Rimmer had offered the teen two possible plea bargains:

Carter pleads guilty to third-degree murder in exchange for a nine-year term in state prison.

Carter pleads guilty to third-degree murder and the sentence, which could not exceed 12 years, would be decided by a judge.

"Daniel is very well aware of his options," Cindy Carter said. "Mr. Stokes has spent a great deal of time with him, explaining the possible outcomes of a jury trial."

Jack Carter came to his sister's house on July 16 to discipline the rebellious teen.

Daniel Carter claims his uncle was beating him when he reached for a knife in self-defense and accidentally slashed the 45-year- old's neck. But prosecutors point to the numerous stab wounds on Jack Carter's body as proof that his death was not just an accidental stroke of the knife.

If convicted, the teen faces a life term in prison without the possibility of parole.

"It's a gamble. Each side gambles when you go to trial," Rimmer said. "We're both rolling the dice, and we'll have to see how it all turns out. You never know what a jury is going to do."

Staff writer Brett Norman contributed to this report.