Detectives say a teen should be charged with manslaughter after the fatal brawl at the Juvenile Detention Center.
By CURTIS KRUEGER
Published June 4, 2003
LARGO - The Pinellas County Sheriff's Office says 16-year-old Louis Lauro should be charged with manslaughter for his role in a fight that killed a fellow inmate at the Juvenile Detention Center on Saturday night.
Sheriff's detectives will meet soon with the State Attorney's Office, which will make the final decision on any charges against Lauro in the death of Daniel Matthews, 17. The state attorney also will decide whether Lauro should be charged as an adult.
But sheriff's detectives, who interviewed inmates and staff at the detention center and reviewed a videotape of the fight, filed paperwork showing they have concluded Lauro should be charged with manslaughter.
Sheriff's spokeswoman Marianne Pasha could not detail why officials settled on a charge of manslaughter rather than another charge, such as murder. Manslaughter is a homicide without malice or premeditation, committed by the culpable negligence of another.
Meanwhile, the state Department of Juvenile Justice, which operates the 120-person youth jail, is continuing its own investigation into the incident to determine whether staff acted properly. In particular, they want to know how Lauro got out of his cell and confronted Matthews. Matthews' cell door was open because his roommate was returning from making a phone call. Catherine Arnold, department spokeswoman, said no employees have been suspended or reassigned as a result of the incident.
Bruce Bartlett, Pinellas-Pasco chief assistant state attorney, said determining the aggressor is a "big thing to consider" in deciding charges in a case such as this.
When a person clearly initiates a fight and escalates it, that person is going to be charged. But if someone is clearly only defending himself in a fight, he would not necessarily be charged, even if he hurt his attacker.
"The more mutual the nature of the incident, the less likely it will result in criminal charges. However, not knowing all the facts, it's hard for me to tell you anything conclusively," Bartlett said.
Bartlett said he was speaking generally, not necessarily about this case.
Pasha has said Matthews apparently struck Lauro first and that Lauro hit Matthews in the jaw. Matthews stumbled back, then approached Lauro, and Lauro allegedly hit him in the side of the head.
It has not been determined whether the punch or the fall was the ultimate cause of Matthews' death.
In deciding whether Lauro should be charged as a juvenile or as an adult, "age is a very, very big factor with that; the potential for rehabilitation, the circumstances surrounding the incident, the egregious nature of what happened," Bartlett said.
Judy Estren, executive assistant public defender who used to head the department's juvenile section, said that in addition to the teenager's death, the case is troubling for another reason. Matthews' mother has said she turned to the juvenile justice system for help straightening out a youth who was struggling with substance abuse.
Estren said she wasn't criticizing the parents or the juvenile justice staff, but said the juvenile delinquency system is not the best way of getting help for children battling drug problems or mental health issues. She strongly encouraged parents to seek mental health counseling or drug counseling. As a start, residents of Pinellas and Hillsborough counties can dial 211 on their telephones for a social service referral line.
"I think it's a shame that we've got many victims in this case, or many victims in the whole situation, because the resources are lacking for our families," Estren said.
Matthews was in the JDC on a charge of domestic aggravated battery, and records indicate he has two previous arrests for battery and one for larceny.
Lauro is facing violation of probation on charges of battery, disorderly conduct and criminal mischief. Records indicate previous charges involving a false fire alarm, battery, and a lewd and lascivious charge that his grandmother Melba Zirkle said was reduced to criminal mischief.
A man who answered the door at the Matthews' home Tuesday evening declined to comment and referred questions to his attorney, who could not be reached. Lauro's family could not be reached for comment.
- Times staff writer Adrienne Lu contributed to this report. Curtis Krueger can be reached at krueger@sptimes.com or at 727 893-8232.
