London Daily Mail on Michelle O'Connell Shooting Death Investigation: Family of cop's girlfriend who 'shot herself dead with his pistol' claim she was murdered and his colleagues covered up the crime

Monday, Nov 25 2013

Family of cop's girlfriend who 'shot herself dead with his pistol' claim she was murdered and his colleagues covered up the crime

•Michelle O'Connell, 24, from St Augustine, Florida died from a gunshot wound to the mouth in September 2010

•A weapon belonging to her boyfriend, deputy sheriff Jeremy Banks, was found by her side
•The Sheriff's office ruled it was suicide based on Mr Banks' account but a subsequent investigation by state police found it was murder
•They found the sheriff's office failed to test any evidence, interview family and neighbors or download data from Mr Banks' cellphone

By Helen Pow
PUBLISHED: 07:30 EST, 25 November 2013 | UPDATED: 08:18 EST, 25 November 2013

A Florida family who claim their daughter was shot dead by her sheriff's deputy boyfriend in a domestic violence dispute are demanding justice.
Young mother Michelle O'Connell, 24, from St Augustine, was found dead of a gunshot wound to the mouth in September 2010 with her boyfriend, Jeremy Banks' duty weapon by her side.
He claimed to have been in another room and that she took her own life.

But Miss O'Connell's family are convinced she was murdered and that Mr Banks' police colleagues helped him cover up his involvement.


Justice: Young mother Michelle O'Connell, 24, pictured, from St Augustine, was found dead of a gunshot wound to the mouth in September 2010 with her boyfriend, Jeremy Banks' duty weapon by her side

Their demands for a proper investigation into her death has now come to global attention as a result of a lengthy investigation by the New York Times.
It found that after Mr Banks told his colleagues his version of events -that Miss O'Connell had broken up with him and taken her own life - the St Johns County sheriff's department effectively halted their investigation.
No evidence was tested, no family or neighbors were interviewed and no data was downloaded from Mr Banks' cellphone despite the fact that Miss O'Connell had shown no signs of being suicidal prior to her death.

Her family told the paper that Miss O'Connell had been excited about a new full time job at a day care center and was enjoying being a mother to her 4-year-old daughter Alexis more than ever.

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But hours before the shooting she had made the startling confession to her sister, Christine, that Mr Banks had been violent towards her for months.

She added that she wanted to leave him but was scared of how he would react if she did.

But Mr Banks' colleagues at the sheriff's office weren't interested in Christine's testimony - the only thing Mr Banks was reprimanded for was not securing his service weapon when he got home.

After months of pressure Sheriff David B. Shoar finally asked Florida Department of Law Enforcement to re-examine the case.
An investigation led by Rusty Rodgers found two neighbors who heard an argument that night and a woman screaming for help before gunshots and then silence.

Free: After Mr Banks, pictured, gave his colleagues his account - Ms O'Connell had broken up with him and was packing to move out when she shot herself - the St Johns County sheriff's department all but wrapped up their investigation

The women were submitted to polygraph lie-detector tests and passed.

The results meant that state investigators, and the crime reconstruction expert they hired, were all convinced the sheriff's department botched the original investigation and that Miss O'Connell's death was a murder and not suicide.

Mr Banks told the investigators that the couple were at a concert on the of Miss O'Connell's death and that she told him on the drive home she was leaving him.

He said they argued briefly in the car and then 'we got to the house, we were fine.'

According to him she went into another room to pack her belongings and then moments later he heard a pop.

But neighbors Stacey Boswell and Heather Ladley, who were not approached by the sheriff's department, told the state investigators a different story.

In separate interviews, they each said they were smoking cigarettes in Miss Boswell's open garage when they heard arguing and walked down the driveway to hear what was being said.

Miss Boswell described how she heard a man and woman screaming and said she knew 'there was something wrong.'
She added: 'There was nothing playful, no nothing. It was somebody that was scared.'

They then heard a woman shout out 'help,' a gun shot and then 'help' again and another gun shot. After that, there was silence.

Their account prompted the medical examiner Dr. Frederick Hobin to change his ruling from suicide to homicide.

The investigators in February 2011 also examined the forensic evidence that was taken from the crime scene but never tested for fingerprints, DNA or gunshot residue.
They found that there was no blood found on the gun, nor did it have any DNA or fingerprints from Mr Banks, which is surprising given he'd worn it on his belt on his previous shift.

The lab also detected two spots of Ms O'Connell's blood on the inside of Mr Banks' T-shirt which casts doubt over his claim that he was in a different room when his girlfriend died.

The state investigators' also questioned how the young woman came to have a bleeding cut above eye - a crime scene reconstructionist claimed the cut had occurred before the fatal shot, a defensive wound that indicated a struggle.

But just as it appeared likely that charges would be brought, the local state attorney jolted the investigation, citing his close relationship to the sheriff, Mr Banks' boss.

Happy: Rather than acting suicidal leading up to her death, Ms O'Connnell was excited about a new full time job at a day care center and enjoying her 4-year-old daughter Alexis more than ever, her family

A new medical examiner was appointed before the previous one officially changed his ruling from suicide to homicide. The new one backed the sheriff's original determination of suicide and claimed the bruise above Ms O'Connell's eye was caused by a tactical light on the gun.

Three experts told The New York Times investigation that they didn't believe this was physically possible.

Finally, the case went to special prosecutor Brad King who in March 2012 said he wasn't going to prosecute Jeremy Banks.

'The day my family met with Brad King I refer to as the second-worst day of my life,' Christine said, 'Losing my sister was the worst.'

The state investigators were so unhappy they called for a special inquest and the re-constructionist claims the prosecutor who came to talk to him seemed to be intent on confirming the ruling of suicide rather than re-examining the case.

He said: 'The whole tone of the interview was for me to tailor my report or soften my report to where it would be more conducive to suicide rather than homicide.'

The memo explaining his decision said the testimony of the two witnesses who heard shouts and gunfire did not 'support any type of homicide conviction on its own.'

In the end the prosecutor rejected the call for an inquest, a decision which was greeted with gushing praise by the sheriff effectively closed the case.

However, when the newspaper started asking questions a year later he launched an inquiry into the state agency's investigation, alleging misconduct on behalf of the investigators.

In March a report was released a report which claimed the second set of investigators hyped up their case against Mr Banks and coached witnesses.

The report also claimed that the two witnesses had confessed they often smoked marijuana together and couldn't remember if they had done so that night even though the women said this was categorically not true.

Three years later, Michelle O'Connell's mother, sisters and brother continue to believe she didn't kill herself.

Chrisitine added: 'It's unfair to my sister, to her memory, to her daughter and to my family, I still am hopeful that eventually, it may be 20 years, but eventually, we will have justice for my sister and for her daughter.'

Read more:
We Demand a Grand Jury

Two Gunshots on a Summer Night
.

Read more: http://www.dailymail.co.uk/news/article-2513102/Michelle-OConnells-family-claim-actually-murdered-cop-boyfriend.html#ixzz2lgV0GyGF