Lionel Tate
Encyclopedia
Lionel Alexander Tate is the youngest American citizen ever sentenced to life imprisonment
without possibility of parole
. In January 2001, when Tate was 14, he was convicted of first-degree murder
for the 1999 battering death of 6-year-old Tiffany Eunick in Broward County, Florida
.
Tate was convicted of killing Eunick by stomping on her so forcefully that her liver was lacerated. Her other injuries included a fractured skull, fractured rib and swollen brain. These injuries were characterized by the prosecution as "similar to those she would have sustained by falling from a three-story building." In sentencing Tate to life imprisonment, Judge Joel T. Lazarus
of Broward County Circuit Court said that "The acts of Lionel Tate were not the playful acts of a child [...] The acts of Lionel Tate were cold, callous and indescribably cruel."
s in the justice system of the State of Florida
.
Tate's mother, a Florida Highway Patrol
trooper, and the defense had turned down a plea bargain
arrangement which would have allowed Tate to serve a three-year term for second-degree murder in a youth facility followed by 10 years probation but instead, his mother insisted on going to trial
in hopes of an acquittal
.
The mechanism for such convictions is known as the felony murder rule
.
Thus to convict Lionel it was sufficient for the jury to conclude that he knowingly abused a child and that this abuse resulted in the child's death. The statutes did not permit the jury to consider for conviction whether Lionel realized his actions could reasonably be expected to result in physical injury, nor did they permit the jury to consider for conviction whether a typical child of Lionel's age at the time of the incident would have known this. The sufficient conditions of the felony murder rule, with the above implications, were listed by the judge Joel T. Lazarus
during sentencing.
Thus Lionel was sentenced to life in prison without anyone having to prove that he intended to kill or injure, or realized that his acts are likely to kill or injure, or even that a typical child of his age would or should realize this.
Critics, such as the various groups listed as AMICI CURIAE in Tate's appeal, assert that convicting preteen children of 1st-degree murder without having to prove these children intended any harm, not to mention serious injury or death, is unacceptable.
, and said that if the prosecution felt that life imprisonment was not warranted, they should not have charged him with murder in the first place.
In January 2004, a state appeals court overturned his conviction on the basis that his mental competency had not been evaluated
before trial. This opened the way for Tate to accept the same plea deal he originally turned down, and he was released on one year's house arrest
and 10 years' probation
.
. On October 29, the Associated Press
reported that Tate was placed on zero tolerance
probation, for an additional five years.
On November 30, Tate was allowed to return to the home of his mother, Kathleen Grossett-Tate. The family he had been staying with asked that he be removed, because frequent visits by state probation officers were too stressful.
said.
Tate threatened Domino's Pizza
deliveryman Walter Ernest Gallardo with a handgun outside a friend's apartment after phoning in an order. Gallardo dropped the four pizza
s and fled the scene. Tate then re-entered the apartment, assaulting the occupant who did not want Tate inside.
Gallardo called 9-1-1
upon reaching the Domino's store and returned to identify Tate, the sheriff's office said in a statement. No gun was recovered.
On March 1, 2006, Tate accepted a plea bargain and was to be sentenced to 10–30 years imprisonment in a sentencing hearing in April 2006. Tate admitted that he had violated probation by possessing a gun during the May 23 robbery that netted four pizzas worth $33.60, but he has refused to answer questions about where he got and later disposed of the gun. He was allowed to withdraw his guilty plea for robbery, but was finally sentenced to 30 years in prison on May 18, 2006 for violating probation. On October 24, 2007, Florida's 4th District Court of Appeal upheld that sentence.
On February 19, 2008, Tate pleaded no contest to the pizza robbery and was sentenced to 10 years in state prison. The sentence will run concurrently with his 30 year sentence for violating his probation.
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
without possibility of parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
. In January 2001, when Tate was 14, he was convicted of first-degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
for the 1999 battering death of 6-year-old Tiffany Eunick in Broward County, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
.
The murder and conviction
Tate was left alone with Eunick, who was being babysat by Tate's mother, Kathleen Grossett-Tate. While the children were downstairs playing, Tate's mother called up to them to be quiet. Tate came down 45 minutes later to say that Eunick was not breathing. He states that they were wrestling, he had her in a head lock and slammed the child's head into the table.Tate was convicted of killing Eunick by stomping on her so forcefully that her liver was lacerated. Her other injuries included a fractured skull, fractured rib and swollen brain. These injuries were characterized by the prosecution as "similar to those she would have sustained by falling from a three-story building." In sentencing Tate to life imprisonment, Judge Joel T. Lazarus
Joel T. Lazarus
Joel T. Lazarus was a prosecutor and then a judge in Florida who gained national attention when he gave Lionel Tate a life sentence for a murder that Tate committed at the age of twelve....
of Broward County Circuit Court said that "The acts of Lionel Tate were not the playful acts of a child [...] The acts of Lionel Tate were cold, callous and indescribably cruel."
The sentence and the controversy
The sentence was controversial because Tate was 12 years old at the time of the death, and his victim was 6. He was the youngest person in modern US history to be sentenced to life imprisonment, bringing broad criticism on the treatment of juvenile offenderJuvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
s in the justice system of the State of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
.
Tate's mother, a Florida Highway Patrol
Florida Highway Patrol
The Division of the Florida Highway Patrol is a division of the Florida Department of Highway Safety and Motor Vehicles and the law enforcement agency charged with ensuring the safety of the highways and roads of the state.-History:...
trooper, and the defense had turned down a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
arrangement which would have allowed Tate to serve a three-year term for second-degree murder in a youth facility followed by 10 years probation but instead, his mother insisted on going to trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
in hopes of an acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
.
Felony murder controversy
Florida Statutes require a jury to convict a child of first-degree murder even if the jury does not believe that the child intended to kill anyone, nor that the child must have known its actions could have resulted in death, nor that the child intended to injure anyone, nor that the child must have known its actions are likely to injure anyone -- all that is required is that the child knowingly abused another child who died as a result (wherein any intentional act that could reasonably be expected to result in physical injury to a child is child abuse per Florida statutes).The mechanism for such convictions is known as the felony murder rule
Felony murder rule (Florida)
In the state of Florida, the common law felony murder rule has been codified in Florida Revised Statutes § 782.04.-First degree murder:The predicate felonies that will support a charge of first degree murder under the statute are:*Drug trafficking*Arson...
.
Thus to convict Lionel it was sufficient for the jury to conclude that he knowingly abused a child and that this abuse resulted in the child's death. The statutes did not permit the jury to consider for conviction whether Lionel realized his actions could reasonably be expected to result in physical injury, nor did they permit the jury to consider for conviction whether a typical child of Lionel's age at the time of the incident would have known this. The sufficient conditions of the felony murder rule, with the above implications, were listed by the judge Joel T. Lazarus
Joel T. Lazarus
Joel T. Lazarus was a prosecutor and then a judge in Florida who gained national attention when he gave Lionel Tate a life sentence for a murder that Tate committed at the age of twelve....
during sentencing.
Thus Lionel was sentenced to life in prison without anyone having to prove that he intended to kill or injure, or realized that his acts are likely to kill or injure, or even that a typical child of his age would or should realize this.
Critics, such as the various groups listed as AMICI CURIAE in Tate's appeal, assert that convicting preteen children of 1st-degree murder without having to prove these children intended any harm, not to mention serious injury or death, is unacceptable.
Original sentence overturned
After the conviction, the prosecution openly joined Tate's plea for leniency in sentencing, and even offered to help in his appeal. The trial judge criticized the prosecution for compromising the integrity of the adversarial systemAdversarial system
The adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...
, and said that if the prosecution felt that life imprisonment was not warranted, they should not have charged him with murder in the first place.
In January 2004, a state appeals court overturned his conviction on the basis that his mental competency had not been evaluated
Competency evaluation (law)
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process....
before trial. This opened the way for Tate to accept the same plea deal he originally turned down, and he was released on one year's house arrest
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
and 10 years' probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
.
Probation violation
On September 3, 2004, Tate was detained and held in prison for violating the terms of his house arrest when he was found out of his house and carrying a four-inch knifeKnife
A knife is a cutting tool with an exposed cutting edge or blade, hand-held or otherwise, with or without a handle. Knives were used at least two-and-a-half million years ago, as evidenced by the Oldowan tools...
. On October 29, the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
reported that Tate was placed on zero tolerance
Zero tolerance
Zero tolerance imposes automatic punishment for infractions of a stated rule, with the intention of eliminating undesirable conduct. Zero-tolerance policies forbid persons in positions of authority from exercising discretion or changing punishments to fit the circumstances subjectively; they are...
probation, for an additional five years.
On November 30, Tate was allowed to return to the home of his mother, Kathleen Grossett-Tate. The family he had been staying with asked that he be removed, because frequent visits by state probation officers were too stressful.
Armed robbery arrest and subsequent plea bargain
On May 23, 2005, Tate was charged with armed burglary with battery, armed robbery and violation of probation, the Broward County Sheriff's OfficeBroward County Sheriff's Office
The Broward County Sheriff's Office, commonly known by the acronym BSO, is a public safety organization responsible for law enforcement and fire rescue duties within Broward County, Florida...
said.
Tate threatened Domino's Pizza
Domino's Pizza
Domino's Pizza, Inc. is an international pizza delivery corporation headquartered in Ann Arbor, Michigan, United States of America. Founded in 1960, Domino's is the second-largest pizza chain in the United States and has over 9,000 corporate and franchised stores in 60 countries and all 50 U.S....
deliveryman Walter Ernest Gallardo with a handgun outside a friend's apartment after phoning in an order. Gallardo dropped the four pizza
Pizza
Pizza is an oven-baked, flat, disc-shaped bread typically topped with a tomato sauce, cheese and various toppings.Originating in Italy, from the Neapolitan cuisine, the dish has become popular in many parts of the world. An establishment that makes and sells pizzas is called a "pizzeria"...
s and fled the scene. Tate then re-entered the apartment, assaulting the occupant who did not want Tate inside.
Gallardo called 9-1-1
9-1-1
9-1-1 is the emergency telephone number for the North American Numbering Plan .It is one of eight N11 codes.The use of this number is for emergency circumstances only, and to use it for any other purpose can be a crime.-History:In the earliest days of telephone technology, prior to the...
upon reaching the Domino's store and returned to identify Tate, the sheriff's office said in a statement. No gun was recovered.
On March 1, 2006, Tate accepted a plea bargain and was to be sentenced to 10–30 years imprisonment in a sentencing hearing in April 2006. Tate admitted that he had violated probation by possessing a gun during the May 23 robbery that netted four pizzas worth $33.60, but he has refused to answer questions about where he got and later disposed of the gun. He was allowed to withdraw his guilty plea for robbery, but was finally sentenced to 30 years in prison on May 18, 2006 for violating probation. On October 24, 2007, Florida's 4th District Court of Appeal upheld that sentence.
On February 19, 2008, Tate pleaded no contest to the pizza robbery and was sentenced to 10 years in state prison. The sentence will run concurrently with his 30 year sentence for violating his probation.