Two of the three Key West teenagers accused of beating drag queen Jimmy "Destiny" Harrington last November have accepted a deal from the State Attorney's Office to avoid prosecution. Xavier Perez, 17, and Luis Paez, 16, have agreed to perform 50 hours of community service and write a 1000-word essay.
But the third boy— 16-year-old Joseph Morgan, son of prominent local attorney and Federal Magistrate Hugh Morgan— says he was not involved in the altercation and that he won't cop a plea. He says he never touched or hit Harrington.
According to court records, young Morgan said that he was taught, when confronted with situations like the Destiny incident, to "step back and not get involved"— and that's what he did.
He says he wants to clear his name and that he is willing to take his chances in court.
Both Perez and Paez have made statements exonerating Morgan. They say he wasn't involved in the fight. And statements by Harrington and 18-year-old Justin Miles Jacob, who was with Harrington that night, appear to conflict as to whether or not Morgan was involved. Harrington has reportedly admitted that he had been drinking when the confrontation occurred.
Originally, Assistant State Attorney Sherri Collins reportedly told Morgan that, unless he accepted the community service deal, she would charge him with a hate crime— a felony. She has since reduced the charges to simple battery and disorderly conduct— misdemeanors.
According to reports, the three boys had left a party at a friend's house on Nov. 24, 2000, and were walking down Duval Street to spend the night at Morgan's house, near the Southernmost Point. About 1:15 a.m., they stopped to order pizza-to-go in the 800 block of Duval, at a gay-oriented restaurant.
As they were leaving with their pizza, Harrington— dressed in drag and reportedly intoxicated— reportedly approached them and commented, "You're eating gay pizza" and "You don't know what they put in that."
The boys reportedly told Harrington to leave them alone, but Harrington reportedly shoved Paez. When the boys continued down Duval Street in an effort to evade Harrington, he reportedly followed them, yelling loudly.
Up the street, Harrington, 6-4, 172 pounds, confronted the boys again. At that point, Perez stepped into the altercation.
According to a report in the Miami Herald on Dec. 14, 2000, the teens ran toward the Morgan house while Harrington ran in the street yelling that he had been raped. Police Office Eric Biskup arrested the three teens, charging them with battery and committing a hate crime, elevating what would have been a misdemeanor to a third degree felony— a prison offense.
The case was moved to the Plantation Key courtroom of Judge Luis Garcia after Judge Mark Jones and other Key West-based judges recused themselves. Judge Garcia has granted a motion by Morgan's lawyer to allow the taking of depositions in the case. Joseph Morgan is represented by his father's law partner, Attorney Jim Hendrick.
Submitting to a sworn deposition may cause some problems for Harrington. He was reportedly arrested in Key West in September of 1998 and was reportedly found to be carrying a phony Florida drivers license, obtained by using a phony birth certificate. That's a third degree felony. According to court records, Harrington pled guilty to those charges.
According to documents presented to the court earlier this month, Harrington's real name is John C. Miller or James C. Miller. He reportedly told police in 1998 that he has false identification because of a prior association with the Hell's Angels.
Attorney Hendrick told the court: "Harrington/Miller confessed to Officer Bliss, Key West Police Dept., that he was using the name Jimmy Destiny Harrington because Hell's Angels chief `Crazy Ace' was concerned that he (Harrington/Miller) `may tell of illegal activity' and, further, `Crazy Ace' gave him a fake birth certificate and Social Security number. When questioned about the nature of the `illegal activity,' he confessed that it was child porn."
Hendrick charged that Harrington/Miller "routinely engages in a pattern and practice of dishonesty and deceit." And this is a central issue in this case, Hendrick said, because the charges against Joseph Morgan rest primarily on the testimony of Harrington/Miller. Harrington is reportedly being represented by Attorney Michael Halpern.