Killer's charges could be reduced in Phoenix homicide - WDAM-TV 7-News, Weather, Sports-Hattiesburg, MS

UPDATE

Killer's charges could be reduced in Phoenix homicide caught on video

This screen shot shows the moment before police say Morrison stabs Daily in the neck. You can see the man in a black shirt (Morrison) lunging toward Daily. This screen shot shows the moment before police say Morrison stabs Daily in the neck. You can see the man in a black shirt (Morrison) lunging toward Daily.
This still shot shows two people leaving on a motorcycle. The victim is on the ground near the green car. This still shot shows two people leaving on a motorcycle. The victim is on the ground near the green car.
In this still image, you can see a woman removing some belongings from the trunk of the green car after she moved it. The victim was leaning against the vehicle. In this still image, you can see a woman removing some belongings from the trunk of the green car after she moved it. The victim was leaning against the vehicle.
Suspect 42-year-old Garey Morrison (Source: Maricopa County Sheriff's Office) Suspect 42-year-old Garey Morrison (Source: Maricopa County Sheriff's Office)
31-year-old Clifton Daily (Source: Sharon Daily) 31-year-old Clifton Daily (Source: Sharon Daily)
PHOENIX (CBS5) -

Home security cameras captured the moment police said Garey Morrison jumped out from behind a wall and violently killed Clifton Daily.

The victim's mother is livid because the state plans to reduce the alleged killer's charges.

CBS 5 News obtained exclusive video of a stabbing soon after the July 2013 incident.

Even with the indisputable piece of evidence, the state says they still don't know if it can win the case.

Right now a plea deal is in the works. In the deal, Morrison's first-degree murder charges would be reduced to a charge of second-degree murder.

If convicted of first-degree murder, Morrison could be eligible for the death penalty, but if he accepts a plea to second-degree murder, he would serve between 10 and 20 years behind bars.

CBS 5 News asked the Maricopa County Attorney's Office why prosecutors are offering a deal.

MCAO spokesman Jerry Cobb said in a statement, "The plea that has been offered guarantees the defendant will serve a substantial prison term while eliminating the chance that he could walk free or receive a shorter prison sentence if he is acquitted or convicted of a lesser offense at trial."

Paula Ferris was in court Friday morning on behalf of her son, Daily. She said she's appalled that the state isn't throwing the book at the man who allegedly murdered her son on camera.

"My grandmother could try this case and win it. The evidence is so overwhelming," Ferris said.

Surveillance video from a neighbor's home captured the moment 31-year-old Daily was stabbed in the neck.

According to police records, Morrison claimed he blacked out during the stabbing, and does not remember what happened.

According to court documents, Daily and Morrison, 42, knew each other and had been in an argument. However, it's what happens following the stabbing that is just as disturbing.

In the video, more than a half-dozen people are seen leaving the home as Daily lays bleeding in the driveway. He struggles to stand up, and eventually collapses against a green car. Eventually, police are called. EMT first responders arrive and Daily is rushed to the hospital, where he later dies.

"It's unbelievable," said criminal defense attorney Mike Black. "They may have been able to save his life. I literally have never seen this in my life before." 

Black said as shocking as the video is to watch, those who left the scene - some even walking over the dying man - likely won't face any criminal penalty.

"There is no obligation for them to stop and help. Not at all. It might be immoral, which it is. Unethical, clearly, but there is no legal obligation for them to stop," Black said.

"I have seen a lot of things, and this is by far the most pathetic display of humankind I have ever seen," he continued.

Daily leaves behind two young children.

Morrison's next court date is scheduled for Oct. 17.

Copyright 2014 CBS 5 (KPHO BroadcastingCorporation). All rights reserved.

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