3 Cleared In Beating Incident

BARTOW | Finding insufficient evidence, prosecutors dropped criminal charges Friday against three of the eight teenagers accused in the March 30 videotaped beating of former Mulberry High cheerleader Victoria Lindsay.

Hours later, at a news conference at her lawyer's office, one of the teens got to have her say.

Charges were dropped against Cara Murphy, 16, Stephen Schumaker, 18, and Zachary Ashley, 17, according to court records. They had faced kidnapping and battery charges. Five other girls still face charges.

Shrugging her shoulders and biting her lips, Murphy spoke to reporters outside lawyer Melodie J. Lopez's Lakeland office Friday night.

It was the first time she has talked with the media since the case catapulted into the national spotlight.

Murphy learned the story had become big news when she and the other girls arrived at the juvenile detention center and made contact with their families.

"One of the girls in there was talking to her mom on the phone and saying we were all over the news," she said. "I called my dad and he said you're everywhere, from Oprah to Bay News 9 to CNN."

The incident received more attention than she ever imagined, she said, especially because of one fact: she hadn't even committed a crime.

The State Attorney's Office said Friday the charges for the three teens were "terminated and dismissed." The notices for all three read: "Further investigation has shown that there is insufficient evidence to proceed with charges against the defendant."

Chip Thullbery, a spokesman for the State Attorney's Office in Bartow, did not elaborate.

Sheriff's Office Maj. Joe Halman Jr. said that at the time of the arrests the agency had probable cause, but it supports the State Attorney's Office's decision to drop the charges.

Murphy was one of six girls accused of beating Lindsay and threatening to post video footage of the attack on MySpace and YouTube.

The five girls who continue to face charges include Mercades Nichols, 17, April Cooper, 15, Brittany Mayes, 17, Kayla Hassall, 15, and Brittini Hardcastle, 17.

Each faces battery and kidnapping charges. Nichols, Mayes and Hardcastle also face a charge of tampering with a witness.

Schumaker and Ashley were accused of serving as lookouts during the beating.

What remains to be seen is whether the teenagers whose charges were dropped will now become witnesses against those still facing charges. "At this point, it's premature to determine who will be witnesses in the case," Thullbery said.

Lopez said Murphy would be willing to testify, but the bulk of the evidence is on tape.

Murphy was present at the house where the beating took place but had no involvement in the attack, Lopez said. "She never had the camera, and she never touched the victim," Lopez said. She had been at friend Cooper's house when one of the girls called and invited Cooper over. Murphy tagged along, Lopez said. She did not know what would happen.

From the beginning of the investigation, Murphy never thought she would be charged with a crime, she said. Deputies took her in for questioning, she said, then arrested her in connection with the March incident.

"They just said they needed to ask me some questions, and that I'd be home that night," she said. "I didn't think they were going to arrest me."

Murphy said she regretted what happened, but at the time, the beating didn't seem severe.

"I've seen so many fights and stuff in school and at parties. ... At the time I didn't think it was a big deal."

It was when Murphy saw the video that she realized how disturbing the violence seemed, and regretted having not stepped in to stop it.

After her release from jail, Murphy avoided television and media attention, moved in with her father and began taking online classes. She has completed enough credits to begin her junior year at George Jenkins High School in the fall. She also plans to move back in with her mother.

Both Lopez and Murphy's mother, who declined to provide her name, commended the State Attorney's Office for doing the right thing.

"I am happy that justice has worked in this case," Lopez said.

James "Rusty" Franklin, a lawyer representing Ashley, said he was grateful the State Attorney's Office objectively looked at the facts.

"Zachary didn't commit any crime in this incident," Franklin said.

In April, Franklin filed a motion seeking to limit what information could be released by Polk County Sheriff Grady Judd and others. He argued that disclosures to the media were endangering his client's ability to receive a fair trial. A gag order was briefly put in place.

Lawrence G. Chadband, who represents Schumaker, said Friday afternoon that his client was preparing to get out of Polk County Jail.

Chadband said he encouraged Schumaker to have faith in the justice system and "let the process play out."

"He's glad it's over," Chadband said.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. Shoshana Walter can be reached at shoshana.walter@theledger.com or 863-802-7590. ]