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State v. Gautier

Suspect In Pymm Beating Reluctantly Takes Plea Deal

BYLINE: Christine Stapleton, Palm Beach Post Staff Writer
DATE: 11-13-1996
PUBLICATION: The Palm Beach Post
EDITION: SECTION: Newspapers_&_Newswires
PAGE: 1B

Joseph A. Gautier, the last of five teens tried for the gang-related attack of Joey Pymm, pleaded guilty to his role in the beating and was placed on one year's probation on Tuesday.

Gautier, 19, paced the courthouse hallways with his younger brother, Christian Gautier, 17, and his father, debating whether to take the plea bargain late Tuesday after he had refused to take the deal earlier.

Gautier's trial on a felony charge of aggravated battery was scheduled to begin Tuesday morning. If convicted and sentenced as a gang member, he faced up to seven years in prison. Under the plea bargain, Chief Assistant State Attorney Kenneth Selvig instead allowed him to plead guilty to a misdemeanor battery charge.

But it wasn't the misdemeanor conviction on his record or the probation that troubled Gautier, said his attorney, Assistant Public Defender Chris Haddad.

What Gautier didn't want to sign was a statement saying that he was at the South Inlet Park in Boca Raton with members of the Diamond Folk Nation on Sept. 24, 1995, and that he participated in the beating. The statement also said Pymm did not provoke the beating and Gautier hit Pymm while he was on the ground.

Haddad told the judge Tuesday morning that Gautier needed more time to think about the plea. Early in the afternoon Gautier said he would not accept the plea bargain, but he agreed to sign the statement and take the deal 1 1/2 hours later after talking to his lawyer, father and brother.

Gautier's father sighed and shook his head when his son admitted he was guilty of the crime. Gautier of suburban Boca Raton declined to comment on the plea.

Eleven teens were originally charged in the beating that put Joey Pymm, 18, in a coma for a month and has left him with slightly slurred speech and a limp.

Charges against six suspects were dropped, and Aaron "Gator" Hemlepp, who inflicted the most serious injuries, pleaded guilty to attempted second-degree murder in June and was sentenced to four years in a youthful offender prison.

At a trial in August of the four remaining defendants, a jury acquitted Christian Gautier and could not reach a verdict in the cases of other three.

Two of those teens accepted plea bargains on Friday. Michael Senerote, 18, received the same deal as Gautier. Fernando Fernandez, 18, pleaded guilty to carrying a concealed firearm. The jury had convicted Fernandez of illegally discharging a weapon in public, and he faces up to a year in jail when he is sentenced next month.

Ed Pymm said his son and other witnesses had been reluctant to testify again.

PYMM DEFENDANTS
Aaron `Gator' Hemlepp: Charged with attempted second-degree murder. Pleaded guilty to the charge and sentenced to four years in a youthful offender prison.

Fernando Fernandez: Charged with aggravated battery, aggravated assault with a firearm and carrying a concealed weapon. Acquitted of aggravated battery and aggravated assault but found guilty of a lesser charge, the misdemeanor of illegally discharging a weapon in public. Pleaded guilty to carrying a concealed firearm, a felony. Sentencing next month.

Michael Patrick Senerote: Charged with aggravated battery, a felony. Pleaded guilty to a misdemeanor charge of battery and was placed on one year's probation.

Joseph Gautier: Charged with aggravated battery. Pleaded guilty to battery and placed on one year's probation.

Christian Gautier: Acquitted of aggravated battery.

Serge Duron, Omar Bottina, Scarlett April Griffin, Michael Nicholas Ciccone, Jessica Pugliese and Caroline Ghesquiere: Charges of aggravated battery against each were dropped.

Compiled by staff researcher Barbara Gellis Shapiro.

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