Published: Oct 07, 2010 11:45 PM EDT
Updated: Oct 07, 2010 8:45 PM EDT

LEE COUNTY, Fla .- We're learning new details about the brutal beating death of a 22 year-old man.

Richard Elkins is accused of killing Obed Flores behind a shopping plaza in 2007.

Today his lawyers are asking a judge to throw away a taped confession.

"When can I give my confession?" asked then 18-year old Richard Elkins as he sat in the back of the patrol car. Deputies arrested him after they say he beat and murdered a man after he had sex with him.

Deputies admit Elkins had not been read his Miranda rights at that point. Because of that, his lawyers argue this statement can't be used against him.

The judge then listened to hours of taped conversations between deputies and Elkins. Deputies say Elkins raped the victim in the parking lot after a long night of partying at a nearby bar. They say he snapped after he realized he had sex with a man.

"Is it fair to say after you had sex with him thats what made you so mad you were ashamed of it? " asked a detective.

"I think that had something to do with it," said Elkins.

He admits he's responsible for the crime but his lawyers say any confessions should be thrown out because Elkins was still under the influence when he was being questioned. Elkins said he had consumed 19 beers, shots, Oxycodone, marijuana, and 15 Xanax tablets.

"I'm sorry I killed a man. It was a drunken rage," said Elkins.

His lawyer argues that's the drugs talking, but it's up to a judge to decide.