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2 plead guilty in deadly Davenport burglary

BARTOW — Two of the three teenagers charged in the death of a fourth suspect in a Davenport burglary last month pleaded guilty to second-degree felony murder and burglary in juvenile court Friday morning.

Austin Clements, 15, and Zachary Garcia, 17, will probably face a minimum one-year term in a juvenile facility when they are sentenced on Oct. 15.

A third co-defendant, William Murphy, 16, is expected to be charged as an adult, based on statements made during Friday's arraignment. His lawyer, Bob Norgard of Bartow, said prosecutors have told him they plan to file charges by early next week.

He could get life imprisonment if convicted of second-degree felony murder and burglary.

"They indicated they felt my client was more culpable than the others," Norgard said.

Authorities said Murphy and Otilio Rubio were breaking into a Davenport house about noon Sept. 22 when the homeowner, Jose Oyola-Aponte, 37, spotted them and opened fire.

Rubio, 15, later died of a gunshot wound to his head. Murphy recovered after being shot in the abdomen. Murphy was wearing a backpack containing burglary tools, including a hammer, Polk County Sheriff Grady Judd said.

Rubio had at least one leg through a window and Murphy was standing behind Rubio just outside the window when they were shot, Judd said.

Investigators said Clements and Garcia were waiting inside the fence around the yard when the shots were fired.

Authorities determined that Oyola-Aponte, a light technician at Walt Disney World, was justified in firing the gun to protect himself and his wife. He was charged with possession of cocaine with intent to sell after deputies found cocaine in his bedroom during a search after the shooting.

2 plead guilty in deadly Davenport burglary 10/01/10 [Last modified: Friday, October 1, 2010 11:33pm]
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