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Man may get life term for probation violation

Lionel Tate, convicted of murder at age 13, faces accusations that he robbed a pizza delivery man.

By Associated Press
Published December 5, 2005

FORT LAUDERDALE - Lionel Tate became the youngest person sentenced to life in prison in modern U.S. history when he was convicted in 2001 at age 13 of murdering a young girl, but he got out on probation after his first conviction was thrown out in 2004.

Now, despite that fresh start, he could be going back behind bars for life after he was charged with robbing a pizza delivery man at gunpoint of four pizzas worth $33.60.

Gun possession is enough to revoke probation, and the judge hearing the case set to begin today, Broward County Circuit Judge Joel T. Lazarus, can put Tate back behind bars no matter whether he is convicted of the new allegations.

"The state has only to put on evidence to satisfy the conscience of the court that there was a violation," said Tate's attorney, H. Dohn Williams. "You don't have to prove that a crime was committed."

On May 23, Tate allegedly called Domino's Pizza from a friend's apartment, ordering four pizzas.

The friend later told police that Tate, armed with a revolver, hid behind the door to rob the delivery man, Walter Gallardo. Gallardo dropped the pizzas and ran when he saw the gun.

Gallardo, 44, identified Tate as the assailant.

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