PUBLISHED SUNDAY, FEBRUARY 29, 2004

Teenager's murder trial set to begin

Carter claims he killed uncle in self-defense

Amber Bollman
@PensacolaNewsJournal.com

On Monday morning, attorneys will begin questioning men and women who could be called upon to determine the fate of a 16- year-old boy charged with murder.

Jury selection is set to begin at 8:30 a.m. in the case of Daniel Carter, who was 15 when prosecutors say he stabbed his uncle to death with an antique machete during a July 2002 fight.

Carter, who is charged with first-degree murder and will face life in prison if convicted, has rejected a plea offer that would have limited his prison sentence to 12 years.

Carter's attorney, Patrece Cashwell, has argued the teenager stabbed his uncle in self-defense after he was beaten and threatened with castration.

Attorneys expect to select the jury Monday and begin the trial on Tuesday.

During a hearing Thursday, Circuit Judge Terry Terrell ruled on several last-minute motions filed by Cashwell in preparation for the trial.

Cashwell petitioned Terrell to block several gruesome autopsy photos of Jack Carter's dead body from being presented in court, arguing that they would prejudice the jury against Daniel Carter.

Terrell, though, ruled against her, finding all but one photo admissible.

Jack Carter, 46, suffered 10 machete wounds to his arms, chest and head during the fatal struggle with his nephew on July 17, 2002. A 4-inch gash cut across his neck, and one of his arms was nearly severed.

Assistant State Attorney David Rimmer, the prosecutor, said he plans to present photos of Jack Carter's body to the jury.

"I'll leave it up to the jury to decide what those indicate," he said.

Terrell took under advisement Cashwell's request to allow the jury to travel to the Beulah home where Jack Carter was killed, inside his nephew's bedroom.

In her motion, Cashwell wrote that it is critical for jurors to understand the dimensions of the Windy Hill Road home where the incident took place.

"A true appreciation of the location and environment surrounding that area cannot adequately and fairly be described in absence of a jury view," she wrote.

Terrell will make his decision this week on this request.

Katie Porter, a founding member of the advocacy group Justice for Juveniles, said she is praying for jurors to exonerate Daniel Carter, whom she argues should not be facing charges as an adult.

"What are we accomplishing by punishing him as an adult?" Porter asked.

Daniel Carter has maintained he was defending himself against his uncle, who had been called to the house by Daniel's mother, Cindy Carter, to help discipline the rebellious teenager.

Cindy Carter overheard parts of the violent struggle that claimed her brother's life.

Porter, whose group has worked closely with Carter's family and attorneys, said Cindy Carter "is holding up like any other mother" in a similar situation. "She's doing everything she can do to get him a good defense."

Porter and several other area residents who oppose the charges against Carter planned to hold prayer vigils throughout the weekend as a show of support for him.