Trial Delayed Again For Beating Suspects

Trial was delayed yet again Wednesday for two suspects charged with attempted first-degree murder in connection with the severe beating of a man known as "The Walker."
Jamie Tyson, 18, was the first scheduled for trial on charges stemming from the night of Sept. 19, 2007. That's when John Kelly, who has walked Hernando County's roads for 15 years, was beaten with a stick and metal rebar in a ditch on State Road 50, near the Deltona Boulevard intersection, according to investigators.
Also charged in connection with the attack is Michael Vann, 24, who faces the same charges as Tyson: attempted first-degree murder, robbery with a deadly weapon and tampering with evidence. A third suspect, Anthony Hawkins, pleaded guilty in December 2007.
Tyson and Vann's first trial date was in May, but a three-month continuance was granted just before trial. Then it was delayed until October, at which point it was rescheduled for December. The new trial date is Feb. 9.
Assistant State Attorney Don Barbee, who is prosecuting the case, said Wednesday that the latest delay was a result of a new alibi in Tyson's case. Initial testimony from three witnesses indicated that they were "pretty sure" Tyson was at his uncle's house when Kelly was attacked, Barbee said.
Then, about six weeks ago, Tyson's mother testified that her son was eating spaghetti and meatballs at her house when Kelly was beaten, Barbee said.
"The defendant has created a new theory on the case," Barbee said.
So for now it's back to the drawing board for both sides to decide how this new twist will fit into the trial. Vann's case can't go before Tyson's because the prosecution plans to use Tyson as a witness against him.