State of Florida Charges Teenager with Murder for act of Self-Defense

Escambia County Prosecution Determines Daniel Carter Will Face Adult Court.

May 13, 2003, Pensacola, Fl - Daniel Carter a 15 year-old Pensacola youth is charged with first degree premeditated murder of his uncle, Jack Carter. If convicted, Daniel will spend his entire life in prison since the State of Florida has no parole. Daniel’s emotional and mental health has significantly deteriorated in adult jail where he is in great danger of doing harm to himself if he is not treated in a juvenile psychiatric facility immediately. Given his psychiatric condition and youth, he is a victim of abuse as a child in an adult facility by isolation, over medication, no education and no access to the outdoors.

Daniel Carter had just passed his 15th birthday when his uncle, Jack Carter, a Black Belt bodybuilder, attacked the boy in his own home. Jack Carter busted into Daniel’s bedroom and began viciously beating Daniel and destroying personal items with a Mag-lite flashlight. Daniel’s uncle continued to beat him while threatening to tie him up and sexually mutilate the young boy. Daniel’s attempts to call 911 were thwarted when his uncle pulled the telephone from the wall.

During the beating, Jack Carter slammed the television to the floor, exposing a knife. In the struggle for control of the knife, both Daniel and the uncle were injured with Daniel’s uncle receiving one fatal wound to his neck.  Daniels’ mother Cindy Carter entered the room as her brother fell to the floor where he died. Daniel called for emergency assistance for his uncle. The EMT's and police arrived to find Daniel in shock and hysterical over the terrifying ordeal and tragedy that occurred.

The state charged young Daniel with premeditated murder not withstanding the fact that the 40-year-old attacker was under the influence of steroids and alcohol at the time of the beating. Jack Carter was armed with a knife, rope and bullets in his pocket. A loaded gun was found in his truck parked outside of Daniel’s home showing clear intent of Jack Carter as the aggressor wanting to harm to the young boy.

Now, nine months after the tragedy, statements made to Pensacola Florida press by the Assistant State Attorney David Rimmer, express that Daniel has a defense that even the prosecutor concedes could work in a jury trial, prompting Mr. Rimmer to offer a plea bargain. "My policy is no deals, unless there are compelling reasons for doing so," Rimmer said. "In this case, there are compelling reasons." Mr. Rimmer did not elaborate on what prompted the plea offer, but court documents show Daniel might have been acting in self-defense.

The legal right of Children to defend themselves from physical abuse is being overlooked in Daniel’s case by overzealous Florida prosecutors. Daniel’s rights were hampered from the start in a state that leads the nation in sending children to adult courts. The private MacArthur Foundation study released March 3rd, 2003 says that most children under 16 had as much difficulty grasping the complex legal proceedings as adults who had been ruled incompetent to go to court.

A plea bargain for a crime of self-defense corrupts the judicial process. Plea-bargaining allows Florida prosecutors to exchange the truth for fictional crimes in order to bring charges in the absence of a crime. Prosecutors are exchanging the truth for weak evidence and applying psychological pressure to the victim, Daniel Carter.

The state of Florida needs to reassess the power given to prosecutors and return to an effective system with checks and balances to avoid an abuse of prosecutors widespread abuse of this power.