TAMPA — A judge lifted the curfew Wednesday for one of the four teens charged in the sexual battery of a former Walker Middle School student.
Hillsborough Circuit Judge Wayne Timmerman granted a defense motion to remove the restriction for Lee Louis Myers and warned him to continue staying away from the victim and witnesses in the case.
"He better not get in trouble," the judge said.
Defense attorney Tim Taylor said his client has had no curfew violations since being accused last spring of participating in attacks against a flag football teammate.
"He's been exactly where he's supposed to be when he's supposed to be," Taylor said.
Four teens were charged as adults with four counts each of sexual battery. But last month, prosecutors dropped two of the charges against Myers, 15, after learning that he was at baseball practice when some of the alleged attacks occurred.
Taylor said he has deposed 17 members of the flag football team.
"None of them have mentioned Lee Myers' name at all," he said.
Assistant State Attorney Kimberly Hindman objected to removal of the curfew, saying Myers should not be treated differently from his co-defendants.
She said one student reported seeing Myers in the "immediate area" as teammates held a boy down and sexually assaulted him with a broomstick and hockey stick in a locker room. She also said Myers implicated himself in a written statement.
"His words, that he chose to write on his own, corroborate the victim," she said.
Colleen Jenkins can be reached at firstname.lastname@example.org or (813) 226-3337.