BREVARD COUNTY, Fla.,None — A convicted killer fought for a new trial in Brevard County on Friday.
Anthony Horsley, 22, represented himself at his trial earlier this year, wearing the same white tux and tails.
However, he now has an attorney who introduced alleged proof of an alibi at Horsley's sentencing. The sentencing was supposed to be straight forward, but just before it began Horsley's mother brought in a time card they claim shows Horsley was at work at the time of the robbery.
For the first time, Horsley had an attorney representing him rather than representing himself.
Michael Bross first asked the judge for a new trial, arguing that his mother presented new evidence, a time card, she found in her house in Fellsmere that shows Horsley was working for a tree trimmer at the time of the murder.
Horsley and two others shot and killed store keeper Ken Patel in order to steal beer and cash from the Port Malabar Road store.
The judge denied the new trial and sentenced Horsley to life in prison.
"The jury and I believe you took Mr. Patel's life and the legislature believes you should spend the rest of your life in prison for that. So, on count one, I sentence you to a mandatory life sentence," said the judge.
"Momma, don't worry everything's going to be all right," said Horsley.
A representative from the State Attorney's Office also read a letter from the Patel family describing the pain they have gone through since he was murdered.
Horsley could still ask for another trial again.
Horsley's time card wasn't necessarily a get out jail free card anyway, because even Horsley testified at one point he was in the car with the other two co-defendants.