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Level of charges in slaying raises ire
By AMY HERDY © St. Petersburg Times, published September 16, 2000 TAMPA -- Bob Carroll is trying to have faith that the investigation of his son-in-law's death will be handled fairly, even though Jemale Wells was black and the man accused of shooting him is white. "I can't help but wonder that if Jemale had killed someone," Carroll said, "if he would indeed be walking around so soon thereafter." Carroll was referring to Randy Puryear, a 40-year-old Town 'N Country dentist charged with manslaughter and aggravated assault in the case. Wells, a Tampa advertising consultant, died Sunday after being shot in front of his suburban Countryway home. Puryear was released on $75,000 bond the next day. The controversy began Sunday when a fight among neighborhood children carried over to the adults, deputies said. Puryear and his girlfriend, Sherri Toney, both of whom are white, shouted racial slurs at Wells, a black man. The men struggled, and Puryear's .357-caliber handgun fired. While many of the details of Wells' death are unclear, one thing is certain: The circumstances and the ensuing charges against Puryear have sparked outrage among total strangers, family and friends. The case, many say, smacks of racial bias against the black victim and preferential treatment for the wealthy white suspect. "Why is this man not in jail," asked Carroll, "when there are numerous petty criminals and traffic offenders who are incarcerated?" A lawyer for Puryear, Eddie Suarez, said that not all the facts have been reported. Wells attacked Puryear and his girlfriend, Suarez said. While he beat Puryear, the gun fired. It was never Puryear's intent for that to happen, Suarez said. "(Puryear) didn't go there with a gun intending to kill somebody," said sheriff's spokesman Rod Reder. "Just because you have a gun doesn't mean you intend to kill with it." For a first-degree murder charge, Reder said, there has to be proof of premeditation. Manslaughter, on the other hand, "is more of an unlawful killing," Reder said. "It's where you caused someone's death, but that was not your intent." The charges in the Wells' case, Reder said, "are not set in stone. We are still investigating. While we consulted with the State Attorney's Office on the charge, they could always upgrade it." A spokeswoman for the State Attorney's Office declined comment. Sheriff's deputies and Suarez both say that Sunday afternoon, a fight erupted among children at 11682 Fox Creek Drive, next door to Wells' home. From there, the versions of events vary greatly. Sheriff's records state that after Wells broke up the fight, he told one of the onlookers, Toney's 12-year-old son, to go to his mother's home down the street at 11647 Fox Creek Drive. Suarez, attorney for Puryear, said his own investigation and interviews with Toney show that Wells never broke up a fight, but instead grabbed Toney's son, pushed him, cursed him, and sent the boy home in tears. Sheriff's records and Suarez agree that Toney then drove her car to Wells' home to confront him about her son. Although sheriff's records said Toney confronted Wells and called him a n-----, Suarez said she did not use any racial slurs and that the confrontation was instigated by Wells. Wells cursed Toney, Suarez said, then attacked her. "He grabbed her by the neck and threw her to the ground," he said. Suarez said Wells pushed her when she tried to get up. "Then she literally crawled to her car and attempted to call 911, but the call didn't go through." Toney's next call did go through, however, to Puryear, who had just left the Tampa Bay Buccaneers football game, and who drove straight to the scene. Although sheriff's records said Puryear got out of his car with a .357-caliber in his hand, Suarez said Toney recalls it being tucked in his waistband and that he did not take it out until Wells hit him. Wells continued to advance on Puryear, Suarez said. He said Puryear never used racial slurs. Then both Wells and a neighbor, David Fish, jumped on Puryear, knocking him to the ground and beating him until the gun fired, Suarez said. Sheriff's records said that Puryear pointed the gun at both Wells and Fish before he and Wells grappled and the .357-caliber fired. After the gunshot, pandemonium erupted on the cul de sac of Wells' home. On recordings of the 911 calls placed in the moments afterward, children can be heard wailing as several adults shout in panic. With the first call dispatched to Hillsborough County Fire Rescue at 5:16 p.m., a firetruck with an emergency medical technician arrived at 5:23. The EMT tried to stop the flow of blood, said Hillsborough County Fire Rescue Chief Cliff Hitchman, but more could not be done until a paramedic arrived at 5:28, or 12 minutes after the first EMS call. Hitchman said the response time was lengthened because the neighborhood is semirural and there are few rescue stations in that part of the county. Records from the medical examiner's office show Wells died from a gunshot wound to the abdomen that damaged several arteries. The blood loss was so great, said Dr. Mark McCormick, that Wells' body lost the ability to clot blood, even after receiving transfusions at the hospital. Suarez said both Puryear and Toney were devastated by the chain of events. So are family and friends of Wells, who have started a college fund for Wells' two young daughters at his alma mater, Florida A&M University. A recording at Puryear's dental clinic says it is closed until Sept. 18. At least one of his clients, 40-year-old Anthony Boyd of Tampa, said he will not be back. Boyd knew both Wells and Puryear, he said, and could not fathom either of them being confrontational. Still, he said, "I can imagine, me being a black man, that if I pulled out a gun and it went off and killed somebody, I'd still be in jail." -- Times researcher John Martin contributed to this report. Amy Herdy can be reached at (813) 226-3386 or herdy@sptimes.com. © 2006 • All Rights Reserved • St. Petersburg Times
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