Ledell Lawrence (left), and Terrence McCray stand trial for taking part in the beating death of a man because he is white.
Photos courtesy of the Florida Department of Corrections

JACKSONVILLE, Fla. (Court TV) — Gregory Griffith was known as "Slow Motion" in his community and was mistaken by some as mentally handicapped.

But prosecutors say it was Griffith's skin color that made him a target for murder.

On August 13, 1999, Griffith, 50, was allegedly beaten, kicked and stomped to death by a group of African-American teens "hanging out" in front of an apartment complex. According to prosecutors, five of the young men pounced on him after agreeing to attack the next white person that passed.

Griffith, who was not mentally disabled but on medication for epileptic seizures, was that unlucky person, they contend.

Two of the men — Terrence McCray, 19, and Ledell Lawrence, 21, were charged with second-degree murder. Three other men were also charged with murder but still await trial.

Though McCray and Lawrence were tried simultaneously their fate rests with separate juries. Each panel had the option of convicting for second-degree murder with the distinction that the crime was motivated by prejudice — which could mean additional prison if convicted.

Drinking and 'hanging out'

According to prosecutors, the youths were not known for violence nor were they affiliated with any known gang. Shortly before Griffith was beaten, the group was busy drinking beer, smoking, and talking to girls — a familiar scene outside the Justina Road apartment complex where Lawrence lived.

But a benign conversation about movies quickly turned ugly, when McCray — by his own admission in a written statement — said that he was going to "hit the next 'cracker' that came down the street."

Then, according to witnesses, he asked Lawrence if he was "down with it," and Lawrence replied, "damn right."

While the group of teens was hanging out on the street, Gregory Griffith, a homeless man who lived in a Jacksonville shelter, was visiting friend Betty Whitmire. Whitmire lives in a HUD housing complex at the end of Justina Road, where many of the residents have mental illnesses for which they are being treated. According to prosecutors, Griffith, contrary to false press reports, did not have a mental illness and was not mentally retarded, but was medicated for epileptic seizures. He was known in the neighborhood as "Slow Motion" because he moved slowly.

At some point, Griffith and friend Sebastian Jackson, who is black, headed towards a nearby convenience store in search of drugs. Witnesses say they were seeking to buy marijuana.

The two walked by the group of teens Griffith asked them if they had drugs to sell. Witness Andre Grant says he told Griffith they did not, and then pointed him towards a nearby convenience store, outside of which drugs were notoriously sold. Griffith and Jackson walked to the store, and soon returned for what would be the last walk Griffith ever took.

The Attack

By most accounts, as Griffith and Jackson passed the second time, McCray called to Griffith. He reached down, pretending to reach for drugs to sell to him. But instead of drugs, he pulled out a punch to Griffith's face and knocked him off his feet.

McCray himself says that Griffith then asked him why he hit him, and realizing what he'd done, McCray walked away. Moments later, he looked back and watched the other men beat Griffith, but says he can't identify who it was.

Witness Jacob Plique was driving by the melee and watched Griffith try to escape from the mob and fall backwards. According to Plique, the teens formed a semi-circle around Griffith lying on the ground and then punched and kicked him. After the crowd dispersed, two of the teens returned to Griffith's battered body for a few final kicks.

Though it is unknown exactly which teen delivered which blow or what kick, the beating left Gregory Griffith unconscious. Thirteen days later, on August 26, 1999, Griffith died at University Medical Center. Griffith had been on life support since the beating, but with no family to care for him, a legal surrogate was appointed and life support was eventually removed.

In September, 1999, McCray and Lawrence were arrested on second-degree murder charges and held without bail. Thereafter, the hate crime enhancement was added to their charges. Also arrested were Marvin Jones, Marco Leathers, and LaFreddy Manns. Those three are still awaiting trial.

Prosecutors say McCray definitely delivered that first punch — and McCray does not deny it. Some witnesses agree that McCray walked away after punching Griffith, though one says he remained standing there. Prosecutors say the medical examiner's evidence shows that McCray's one punch could have killed Griffith. But even if it did not, the "principal theory" embraces McCray as guilty of second-degree murder because his actions and words encouraged the others to kill Griffith.

Prosecutors believe Lawrence kicked and stomped upon Griffith. One witness said he saw Lawrence jumping off of a car bumper onto Griffith. But prosecutors left jurors free to believe that Lawrence was one of the two men who returned for a final blow. Even if Lawrence's kicks did not cause the death, prosecutors say he is guilty of murder by the "principal theory."

The State's Case

McCray and Lawrence are both charged with the so-called hate crime "enhancement," meaning they committed the crime with prejudicial intent — that they hand-picked Griffith because he was white. Prosecutors believe that McCray's "cracker" comment, and that McCray picked Griffith as to punch rather than Sebastian Jackson — who was black and probably standing closer to him than Griffith — prove prejudicial intent. Prosecutors also say Lawrence's comment that he was "down" with McCray's idea indicates his prejudicial intent.

Key to the prosecution's case are statements given by both defendants to investigators.

In his statement, McCray says he was drinking and talking with friends. He said they were discussing a movie, though he couldn't remember which one. McCray admits that he said he was going to hit the next "cracker" who came down the street. When he saw "Slow Motion" on his way back from the store, he hit him in the face. "Slow Motion" fell, grabbed McCray's leg, and said, "Damn, man." McCray saw what he did and backed off and ran. He went to his girlfriend's house and later went to a barbecue.

Lawrence, in his statement, says some of the guys were talking about the John Grisham movie "A Time To Kill." Lawrence heard somebody say he was going to hit the first "cracker" who walked down the street, but said he didn't recall who said it. A few minutes later, Lawrence noticed "Slow Motion," walk down the street with Jackson. Lawrence admits he kicked Griffith twice in the head after McCray hit Griffith, and said he watched others also kick him. Lawrence said he then went home and prayed for forgiveness because he knew he was wrong for kicking "Slow Motion" because he didn't "mess with anybody." Before getting home, Lawrence said he talked with another teen who said that yet another one of them had gone inside Griffith's pockets.

The Defense

McCray later denied the "cracker" statement and even hearing any discussion about a movie. Lawrence also recanted his statement, claiming that it was coerced and that he never admitted to kicking Griffith.

Both defendants say they were pressured in their police interviews to say whatever Detective Bobby Lyle wanted them to, and therefore their incriminating written statements are inaccurate. They say when their answers were not good enough, Lyle persisted. Lyle actually did the writing; the defendants signed the statements repeatedly throughout.

McCray admits he hit Griffith and says he has no idea why. Claiming it was the alcohol talking, he asserted a voluntary intoxication defense in which claims he could not have the requisite mental state for murder because he was drunk. McCray was also given the benefit of asserting the "Independent Act" defense, which states that the beating that followed his punch was separate and apart from his actions, words, or plans.

Lawrence simply says the State has not proven a case against him. His defense is that the witness testimony that he was seen kicking and stomping on Griffith repeatedly was conflicting, and that his incriminating police statement was coerced.

The Charges

In this case, a second-degree murder conviction is a first-degree felony. With a hate crime enhancement, it is raised to what is known in Florida as a "life felony." Both charges carry maximum life sentences with the possibility of parole, so a second-degree murder conviction would likely not be affected by the enhancement charge. If either jury chooses to convict on lesser charges, such as manslaughter, the enhancement could raise the conviction into a higher category of felony sentencing.

The Verdict

On May 26, 2000, both defendants were convicted on second-degree murder charges and found to have acted with prejudice.

On June 8, both defendants were scheduled to be sentenced. Before sentencing, the judge released a letter he received from one of Lawrence's jurors, causing Lawrence's sentencing to be delayed. The letter said that the juror did not see "hate" in Lawrence's eyes and that the only reason he found him guilty of acting with prejudicial intent was because of the "principal theory."

The Judge said he wanted time to review the law to see if the principal theory applied to the hate crime enhancement statute. The Judge listened to witnesses on behalf of both defendants, and re-scheduled Lawrence's actual sentencing.

Both Lawrence and McCray received terms of 48 years, 85 percent of which they must serve.

At McCray's sentencing, Judge Brad Stetson criticized him for refusing to admit to being the ringleader. Stetson called the crime "despicable" and said it was one of the most "cowardice" acts he'd ever seen on the bench. "I can't think of anything more despicable than attacking a helpless creature," he said.

When handing Lawrence his sentence, Stetson said Lawrence was responsible for delivering the fatal blow.

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