St. Augustine WRecKord Prints Sheriff DAVID BERNARD SHOAR's Flummery On Michelle O'Connell Shooting

O'Connell case will get new investigation; governor appoints SA Jeffrey Ashton

By STUART KORFHAGE
stuart.korfhage@staugustine.com
Gov. Rick Scott has issued an executive order for another investigation into the 2010 death of St. Augustine resident Michelle O’Connell.

An order that was signed Tuesday appointed Jeffrey L. Ashton, State Attorney for the 9th Judicial Circuit, as the official investigator for the next year — unless he requests more time.

The case involves the reported suicide of O’Connell. However, several members of her family believe she was actually killed by St. Johns County deputy Jeremy Banks, who was her live-in boyfriend at the time of her death.

The request for a new investigation was made by State Attorney R.J. Larizza of the 7th Circuit, which includes St. Johns County. Because the case involves a member of the St. Johns County law enforcement, Larizza asked the governor to have another office investigate the matter to avoid any conflict or appearance of conflict.

The request was made because Larizza said he “has received an affidavit from a potential witness regarding the death of Michelle O’Connell.”

On Friday evening, the St. Johns County Sheriff’s Office released a statement from Sheriff David Shoar.

“Since 2010, many of you have become aware of the tragic death of Michelle O’Connell. The more this case became controversial, the more we embraced the idea of having two experienced death investigators who are “objective,” “expertly trained,” with years of experience and who have not been subjected to the vagaries of social media, examine and review this case. On many occasions I have thought about asking for this but chose not to once I realized the utter unfairness it would be to Deputy Banks. Along that same line, I often wish some of us could walk for a bit in his shoes. We are confident that the new Special Prosecutor will reach the same conclusion that one law enforcement agency, two State Attorney’s including one who was assigned as a Special Prosecutor by the Governor, and three medical examiners; that the tragic death of Michelle O’Connell was the result of a self-inflicted gunshot wound. We certainly hope that the O’Connell family finds peace and acceptance in the findings of this new Special Prosecutor, something we have never been able to provide.”

On Sept. 2, members of the O’Connell family served letters to Larizza and Scott, asking for an inquiry into the death of Michelle.

They also provided a sworn affidavit from Danny Harmon, claiming it was evidence showing Banks killed O’Connell.

A spokesman for Larizza could not confirm whether that was the only new evidence found in the case.

In the affidavit, Harmon says he is the former owner of The Ring of Fire bar on Anastasia Boulevard. He says that Banks was a frequent customer and was often asked to leave because of excessive drinking and “rowdy” behavior.

Harmon says Banks visited the bar the day after O’Connell’s death and heard him say: “That b---- got what she deserved.” And: “All she did was make me feel bad. I am not going to let her ruin my life.”

O’Connell’s death has been investigated by the Sheriff’s Office, the Florida Department of Law Enforcement and Brad King, State Attorney of the 5th Judicial Circuit.

There were obvious conflicts with the Sheriff’s Office, and there were reported conflicts with the FDLE investigation. The lead FDLE investigator, Rusty Rodgers, has been on administrative leave during a still-unfinished internal review.

But King’s investigation determined that there was not sufficient evidence to rule that a homicide had occurred.

Several members of the O’Connell family continue to disagree, and they have stirred national attention in the last year, including an article in The New York Times and several television news programs.

The Friday statement from Shoar continues: “We must also remember that a year and a half ago I filed a very serious complaint with the Florida Department of Law Enforcement accusing two of their personnel with serious misconduct relating to this case. Immediately after filing this complaint, one agent retired and the other was placed on paid leave where I believe he remains today.”

“Additionally, State Attorney Bill Cervone is currently investigating one of those agents (Rusty Rodgers) for “Official Misconduct” in regards to this case and his treatment of Deputy Banks.”

“Finally and very importantly, Deputy Banks and Michelle’s brother Deputy Scott O’Connell have both filed civil lawsuits against the Florida Department of Law Enforcement and their agents Pape and Rodgers. It is truly ironic that the man that certain members of the O’Connell family have accused of being culpable in Michelle’s death is the one filing a civil lawsuit where one cannot hide behind the Fifth Amendment.”


ellie barrett 10/04/14 - 07:56 am 00Jeff Ashton will find out the
Jeff Ashton will find out the truth. He is terrific.

peter swanson
\peter swanson 10/04/14 - 10:06 am 20Stuart, there may still be
Stuart, there may still be time for the Record to atone for abysmal coverage of one of the worst law enforcement cover-ups since the days of the Ku Klux Klan. Ask how it is possible that the investigation of Rusty Rodger's alleged misconduct was not completed a year ago. Is this now the longest leave of absence for an internal investigation in the history of FDLE? Sen. Thrasher, have you had conversations with Sheriff Shoar about this case? Gov. Scott, have you ever discussed this case with Thrasher or Shoar. Gov. Scott why can't your administration complete a simple misconduct investigation? After all this isn't Watergate. Or is it?