Florida Times-Union (Jacksonville) Editorial: Too many questions remain in death of deputy's girlfried (sic)

Too many questions remain in death of deputy's girlfried
Posted: December 10, 2013 - 3:35pm
JView this story on the All-Access Members siteThe mishandled investigation into the shooting death of a deputy’s girlfriend has thrust the St. Johns County Sheriff’s Office into the national spotlight.


Whether the death of Michelle O’Connell was a suicide or a homicide has been in dispute since Sept. 2, 2010, when Deputy Jeremy Banks called 911 and said the 24-year-old woman shot herself in his home.

What is hardly disputed is that the investigation had major flaws.

CHANGED OPINIONS TWICE

O’Connell was shot in the mouth with Banks’ .45-cal. pistol during what he described as a breakup and her packing to move out.

Following an autopsy, the medical examiner at first ruled the death a suicide, but after he was shown additional evidence, he later signed an amended death certificate calling it homicide.

Still later, he called it suicide again.

The case is rife with contradictions, accusations of police covering for their own, inter-agency rancor and lawsuits against investigators.

It was recently the subject of a lengthy front-page story in The New York Times and a Frontline PBS documentary.

The commendable journalism by the Times laid bare a host of contradictions and troubling questions about the process of the investigation.

CONFLICT OF INTEREST

Central to the narrative is St. Johns County Sheriff David B. Shoar, who after learning about inquiries by the Times ordered a 152-page review of his office’s actions that attempted to counter theories and evidence undermining a finding of suicide. Shoar declined to be interviewed by the Times or Frontline.

The most egregious mistake in the handling of the case was Shoar’s failure to immediately ask an outside agency to investigate the death of a deputy’s girlfriend, who witnesses said had complained about being abused by Banks.

The Times report also focused on the matter of domestic abuse involving police officers, how it is addressed by law enforcement agencies and why some departments, including Shoar’s, fail to follow suggested guidelines for dealing with abuse.

O’Connell family members refused to believe it was a suicide, especially a sister, Christine O’Connell, to whom Michelle had sent a text shortly before her death saying she was leaving Banks and would soon be on her way to pick up her 4-year-old daughter.

SLOW TO CONTACT FDLE

Under pressure from the family and others, Shoar asked the Florida Department of Law Enforcement in January 2011 to conduct an independent review of O’Connell’s death.

Within days, FDLE turned up two witnesses who separately said they were smoking cigarettes in a nearby home’s garage on Sept. 2 when they heard two people yelling, then a woman screaming “help,” followed by a gun shot, then “help” again, followed by another gun shot. Each passed a polygraph test.

Tests on evidence from the scene revealed Banks’ DNA was not on his weapon, which he had carried on his last shift. O’Connell’s DNA was on the weapon, but there was no trace of hers on two pill bottles in her purse, which belonged to Banks. The pills were in her pocket.

Conflicting theories focused on a cut above O’Connell’s right eye, which the medical examiner, Frederick Hobin, said was caused by an ejected shell casing.

ABSURD THEORY

A new medical examiner, Predrag Bulic, concluded a tactical light under the barrel of the gun had caused that injury.

For that to happen, O’Connell would have had to hold the weapon upside down when she put it in her mouth and fired, and the tactical light would have had to move forward when the gun recoiled. Forensic experts said Bulic’s conclusion was contrary to the laws of physics.

Jerry Findley, a crime scene reconstructionist consulted by FDLE, concluded the injury was caused by the sight at the end of the barrel, likely before the gun was shot. The location of spent shells and other circumstances led him to conclude the gun was fired by a person using the left hand. O’Connell was right-handed; Banks is left-handed.

Findley concluded the evidence was not consistent with suicide but was consistent with homicide.

Dominic Pape, the head of FDLE’s Jacksonville office, wrote to Brad King, the state attorney assigned to handle the case, asking King for a formal inquest. But King refused and decided there was no basis for filing charges, a decision that Shoar hailed as vindication of his office.

The case goes on. Banks has filed a lawsuit against Rusty Rogers, FDLE’s lead investigator, and Pape, alleging misconduct during FDLE’s investigation.

So much is in dispute amid so many unanswered questions about the case that Gov. Rick Scott should order a comprehensive investigation and a formal inquest into O’Connell’s death.

Unless that is done, Banks and the St. Johns County Sheriff’s Office will remain under a cloud of suspicion, largely because the Sheriff’s Office handled the case badly and failed to call in an outside agency at the outset.


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3789 POINTS View Profile

3789
Pointslilrio 12/10/13 - 05:02 pm 00The governor should order an

The governor should order an investigation into the St Johns County Sheriffs Office. I watched the reporters investigation and the reporter did a better investigation than the St Johns County Sheriffs Office. This case has me believing the deputy killed his girlfriend. From what I have seen the deputy should be arrested and let a jury decide. The Sheriffs Office screwed this investigation up from the time they showed up. Looks like Shore may have some opponents in the next election.

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10585 POINTS View Profile

10585
Pointsjohnctaughtme 12/10/13 - 05:24 pm 00It is a tragedy for all

It is a tragedy for all concerned. Those suspected and accused of a crime deserve a fair trial. They and the victims also deserve a competent, effective investigation of the circumstances.

Somebody in this case has not been well-served. Obviously, the victim has not been, if it was indeed murder. If it wasn't, then Deputy Banks hasn't been, as the taint and suspicions surrounding this case will haunt him for the rest of his life.

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7334 POINTS View Profile

7334
PointsOwnTheNight 12/11/13 - 03:01 pm 00Shoar has always been shaky.

Shoar has always been shaky. Hopefully the citizens of St Johns Co. will realize that he needs to go next election cycle.


Read more at Jacksonville.com: http://jacksonville.com/opinion/premium-opinion/2013-12-10/story/too-many-questions-remain-death-deputys-girlfried#ixzz2nGh0wDBv