FORT MYERS, Fla. -- A 16 year-old's claim she was sexually assaulted by the man she is charged with killing could influence her case according a Fort Myers attorney.
Gerry Olivo, a criminal defense attorney and partner at Wilbur Law Firm, says if an investigation reveals the claims are substantiated the state could take a second look at the teen's murder charge.
"There is a such a thing called prosecutorial discretion where a prosecutor can look at all of the factors and surrounding evidence and information to determine what an appropriate plea offer may look like," said Olivo.
The final moments of Ted Lee's life played out like a nightmare.
"He had a knife collection which in turn was used for a cutlery session on himself it's horrible," said Don Markman, Lee's neighbor.
Arrest warrants for Hunter Tyson, 23, and Jonathan Rufinni,18, reveal the pair brutally beat and stabbed the 58 year-old inside of his Fort Myers home on July 14th.
The warrant states Tyson armed himself with a baseball bat, and Ruffini armed himself with a knife.
"Ted had sort of a baseball bat for protection, security and that in turn destroyed his head, his mind," said Markman.
The pair told detectives they killed Lee because Ruffini's girlfriend - a 16 year-old who once lived with the victim - asked them to.
Her reasoning? She says "she had been a victim of ongoing sexual molestation from Ted Lee ever since she has been 8 years old."
Last month when Fox 4 spoke to the teen's step-grandfather he had no idea why she would ever want to hurt Lee.
I don't know; I don't know," said Davis. "I was the one who called 911 and seen the two guys drag whatever, a body."
Lee's body was found behind a church in Manatee county. The three suspects were later arrested in Kansas.
"I want to be in the court to stand up and point right in his forehead and say you was there at the murder scene pal, I seen you," said Davis.
