FORT LAUDERDALE (CBSMiami) — Thomas Daugherty, the youngest of three South Florida men convicted of fatally beating a homeless man and the only one to get a life sentence will get a new sentencing hearing.
The Sun Sentinel reports that the hearing will be held Nov. 15 for 23-year-old Thomas Daugherty.
Daugherty, of Plantation, was 17 when he and two friends committed a trio of attacks against homeless men in Fort Lauderdale in 2006.
One of the men, 45-year-old Norris Gaynor died and one of the nonfatal beatings was captured on surveillance video that made news nationwide and shocked advocates for the homeless.
Daugherty was convicted of second-degree murder and two counts attempted murder then sentenced to life in prison.
The other two men got lesser prison sentences.
A recent ruling from the 4th District Court of Appeal in West Palm Beach hinged on a ruling by the U.S. Supreme Court that said judges must consider immaturity and failure to appreciate risks and consequences before concluding that a juvenile offender can be imprisoned for life.
The ruling does not prohibit a judge from again giving Daugherty a life sentence.
(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)