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Prosecutors drop two charges against one Walker Middle School defendant

TAMPA — The Hillsborough State Attorney's Office on Monday dropped two of the four counts of sexual battery against a former Walker Middle School student, court records show.

The victim in the case told authorities that Lee Louis Myers and three other flag football teammates attacked him as many as 12 times in a school locker room. But defense attorneys convinced prosecutors that Myers, who turns 15 on Tuesday, was at baseball practice when some of the alleged attacks occurred, said his attorney, Norman Cannella Sr.

"There was no way that my client was even present on the days set out in counts three and four," Cannella said.

Myers, Raymond Price-Murray, 14, Randall John Moye III, 14, and Diemante J. Roberts, 15, were charged as adults with four counts each of sexual battery.

Myers' attorneys have previously said that no witnesses saw him involved in a sexual attack.

In investigative documents, two teammates said they never saw Myers participate. Another student said he thought Myers delivered one of the objects used to assault the victim.

The victim said Roberts and Price-Murray used a broom handle and hockey stick to assault him while Moye and Myers held him down.

Myers told authorities that he and Price-Murray held the arms of a flag football teammate during a 15- to 20-second incident in the locker room, according to records.

Afterward, Myers said, he told the victim that they were just playing around and didn't mean to hurt his feelings.

Cannella said prosecutors "did the right thing" by dropping two of the charges against his client, who is now home-schooled.

As for the remaining charges, Cannella said, "I predict there's going to be some developments with regard to counts one and two."

Colleen Jenkins can be reached at cjenkins@sptimes.com or (813) 226-3337.

Prosecutors drop two charges against one Walker Middle School defendant 11/30/09 [Last modified: Monday, November 30, 2009 11:56pm]
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