Grand jury Identifies Gunman In Death Of Redskins Star Sean Taylor

Wednesday, December 5th 2007, 7:06 am

By: News On 6

MIAMI (AP) _ The 17-year-old suspect in the death of Sean Taylor is scheduled to make his first appearance in court one day after he was accused of firing the shot that killed the Washington Redskins safety.

Eric Rivera is expected to make his first appearance in a Miami-Dade court Wednesday. A grand jury here identified him as the gunman in its indictment issued Tuesday.

The indictment charges Rivera and the others _ Charles Wardlow, 18; Jason Mitchell, 19; and Venjah Hunte, 20 _ with first-degree felony murder and armed burglary. Wardlow, Mitchell and Hunte were ordered held without bail during brief court appearances via a videoconference from Miami-Dade County jail.

The three, who stood silently during the hearing, will remain at the jail under suicide watch after Judge John Thornton Jr.'s ruling.

Rivera was being transported from Fort Myers to Miami-Dade on Tuesday night. One of his attorneys said the grand jury's identification of Rivera as the gunman was expected.

``This does not come as a surprise,'' said Sawyer Smith, who along with his father Wilbur represents Rivera.

The 24-year-old Taylor died Nov. 27, a day after he was shot in the bedroom of his home. Police have said he was a victim of a botched burglary.

``I think he's in disbelief over what occurred,'' Wilbur Smith said. ``His expression to me was that 'I can't believe this kind of thing happened.'''

Asked how he would defend his client, Wilbur Smith said simply: ``Stay tuned.''

Attorneys said the four young men were agitated.

``He's very distraught,'' said Hunte's attorney, Michael Hornung. ``He's scared.''

Hornung offered glimpses of his client's possible involvement. He said Hunte was the only suspect with a valid driver's license and behind the wheel at least part of the time. He said Hunte did not have a gun and did not know his friends' plans.

``Just a bunch of friends that evening said they were going to the East Coast, and he went along,'' Hornung said. ``He had no idea whatsoever what was going on.''

Hunte is cooperating with police, his attorney said, and would tell them everything he knows.

Probable cause affidavits for Mitchell and Rivera said the two confessed to participating in armed burglary. According to the reports, Mitchell and Rivera admitted entering the home and said someone had a gun and shot Taylor, but they didn't identify who. Police and attorneys also have said some of the young men confessed, though they wouldn't elaborate.

Wardlow's attorney, David Brener, did not return a phone message. Wilbur and Sawyer Smith have said there is a fifth suspect, though police would not confirm that.

Richard Sharpstein, Taylor's former attorney, said the athlete's family was grateful for police and prosecutors' work, but that it did little to lessen their loss.

``They're still grieving and no amount of justice could ever replace Sean to them,'' Sharpstein said. ``However, they'll support this prosecution and wish the state attorney best in achieving the most severe punishment to these people.''