Friday, Aug. 26, 2005 | 8:46 a.m.
One of the two men who pleaded guilty to avoid a potential death sentence for robbing two McDonald's restaurants and killing a tourist said Thursday he would like to withdraw his plea and go to trial.
District Judge Joseph Bonaventure will schedule a hearing to determine if Charles Anthony Walker can pull out of an agreement he and Shawn White reached with prosecutors for the killing of 49-year-old Thomas Latimer of Maitland, Fla., and multiple charges of robbery and burglary.
The plea agreement also encompassed charges White and Walker faced for holdups of three 7-Elevens, a Jack in the Box restaurant and a Grumpy's Convenience Store in January.
Prosecutor Robert Daskas said Walker might want to rethink his decision to renege.
"Walker should be careful for what he wishes for because if he's successful and allowed to withdraw his guilty plea, we will seek the death penalty against him," Daskas said.
Walker, who shot Latimer, pleaded guilty to first-degree murder with use of a deadly weapon and three counts each of robbery with use of a deadly weapon and conspiracy to commit robbery.
Under the terms of the negotiation, if he were to be sentenced to anything less than life without the possibility of parole, prosecutors can back out of the agreement and go forward to trial.
White pleaded guilty to second-degree murder and the same robbery and conspiracy charges as Walker. Under the terms of his agreement, if he is sentenced to anything less than 30 years to life in prison, prosecutors can back out of the agreement and go forward to trial.
After Bonaventure received Walker and White's guilty pleas on Aug. 11 both their attorneys and prosecutors acknowledged the negotiation would have never been reached if it weren't for Walker not wanting White to face the possibility of death or life in prison without parole.
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