Today I met with the State Attorney Brad King, He's the man in charge of prosecuting my daughter and grandson's killer. I asked him if he went over the information I sent him and he said he did but the bottom line is he will not prosecute even though he received copies of similar cases that were prosecuted all over Florida. This is a copy of the letter I sent to him RE: JUSTICE FOR KATHERINE BRYAN HOOVER AND REHLIN HOOVER Dear Attorney King: This letter serves in response to your letter dated January 13 and follows my letter of March 4, 2015 forwarded from Governor Rick Scott’s office. The letter regards William Dehayes killing my 25 year old pregnant daughter, Katherine Bryan Hoover and her unborn son, Rehlin leaving behind her 7 year old son, Nicholas whom I am now raising. You may recall from our prior exchanges on the matter, while Katherine and her husband were visiting Dehayes on July 26, 2014, Dehayes decided to play with his loaded gun collection twirling them he says “like a cowboy would” while impaired by the methadone and Lortabs that he had been taking. This is according to Dehayes’s own testimony. Police responding to the scene did not test his blood to determine the levels of either drug arguably contrary to Florida Statutes §790.155(1)(a) which states that if a firearm was used by a person under the influence of controlled substances and has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the presence of controlled substances therein. Why wasn’t Dehayes tested? When a grown man sits playing Cowboys & Indians with live weapons before a pregnant woman and children, I think his state of mind should be questioned and at the very least it should be considered an “improper exhibition of a dangerous weapon” contrary to Florida Statute §790.10. Then because Dehayes failed to clear the chamber of bullets, when he pulled the trigger, the firearm very predictably discharged sending a bullet straight into Katherine’s temple causing her death mere hours later and the child she was carrying died 41 short minutes after birth by emergency C-Section. Now, according to law, a person is guilty of manslaughter if: 1) the victim is dead and 2) that the death was caused by the act, procurement, or culpable negligence of the defendant. Culpable negligence is the duty to act reasonably towards others by consciously doing an act or following a course or conduct that the defendant must have known or reasonably should have known was likely to cause death or great bodily harm. FS §782.07 or FS §784.05. This shooter's actions seem culpable to me. Likewise, negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances. A reasonable person would not admittedly consume methadone and Lortabs then proceed to twirl a live firearm in the presence of 2 women, 3 children and another man. To be sure, any responsible person handling a gun treats every firearm as if it’s live unless and until the magazine is removed and the slide is locked clearly exposing the entire chamber. We know Dehayes had been exhibiting other firearms but we are unaware the type. The firearm that killed Katherine was a revolver which presumably has no magazine and therefore, safe handling requirements oblige ejecting the cylinder before handling it in the presence of others. Absent dismantling in this way, all firearms must be treated as live at all times. Now, I’m no forensic scientist but, Katherine was approximately 5’3” standing and 46” seated; the bullet struck her temple at perhaps 44” height. What reasonable person would pull the trigger of a firearm at a 44” height trajectory unless he expected it to hit someone? Keep in mind there were 2 women, 3 children and 1 other man present in the home. Let’s not forget, that he collects firearms so he should be held to a higher standard and at the least recognize that of 10 common safe gun handling rules, he violated the top 4 as outlined by the National Shooting Sports Foundation. Firearms Safety -- 10 Rules of Safe Gun Handling Always Keep The Muzzle Pointed In A Safe Direction Firearms Should Be Unloaded When Not Actually In Use Don't Rely On Your Gun's "Safety" Be Sure Of Your Target And What's Beyond It Use Correct Ammunition If Your Gun Fails To Fire When The Trigger Is Pulled, Handle With Care! Always Wear Eye And Ear Protection When Shooting Be Sure The Barrel Is Clear Of Obstructions Before Shooting Don't Alter Or Modify Your Gun, And Have Guns Serviced Regularly Learn The Mechanical And Handling Characteristics Of The Firearm You Are Using Further, I would beg to differ from your statement that “the process of lowering the hammer . . . requires putting pressure on the trigger . . . “ Lowering the hammering can be achieved by setting the safety without firing the pin but, before considering either of those things, a reasonable person would lower the barrel to point at the ground, confirm there is no ammunition in the weapon then release the hammer or lock the slide. Dehayes actions were the furthest thing from reasonable or safe and again, I would submit that his actions were improper, negligent and culpable. For that matter, why was the hammer cocked in the first place? This is also a fundamental violation of safe firearm handling etiquette. Does it continue to be your position that Dehayes behaved as a reasonable man would? Consider the following: Justice Levine’s order in Hosnedl v. State, 126 So.3d 400 (Fla. App., 2013) in which he writes: "A firearm is a deadly weapon, and firing a firearm constitutes deadly force ...“ This is so whether the firing was intentional or not. The nearly indistinguishable matter in Sapp v. State, 913 So.2d 1220 (Fl, 2005), where Robert Sapp was tried by jury and convicted of manslaughter for the shooting death of his friend, Steven Smith whom he admitted to shooting by accident while impaired on alcohol, marijuana, Xanax and cocaine. The only difference being that Dehayes was impaired by methadone and Lortabs. The Broward County Case of Dallas Seymour (2013-009529CF10A) who accidentally shot and killed his tenant, Darryl Keith Hardnett during a friendly group gathering at Seymour’s home where there was talking and laughing. Seymour started playing with a small pistol, putting the clip in, taking it out, and pointing it at people. Then Seymour went toward the TV and set the gun down while he looked for something in his pocket. When he grabbed the gun again it went off striking Hardentt in the head and causing his death. Seymour was convicted of 2nd Degree Murder and will serve 20 years followed by 5 probation including a minimum $3,095 restitution. See also, Seymour v. State, 132 So. 3d 300 (Fla. App., 2014). The Lake County Case of Terrell Purley (2012 CF 000481) who merely grazed his friend’s head when his weapon accidentally discharged as he sat home playing with the firearm and watching TV with the friend. Purley was charged with Shooting at, within, or into a dwelling and Evidence Tampering. After a plea of Nolo, he was adjudicated guilty and sentenced to 9 months county followed by 5 years probation and ordered to pay $10,858.28 for restitution. Florida Statutes §790.19. The foregoing are but a few examples that support the prosecution of Dehayes that when viewed as a judge would - in light most favorable to the state - would support his conviction. Let the jury decide -as so many of us believe- that Dehayes actions are consistent with the culpable conduct necessary to sustain proof of manslaughter under FS §782.071. I also have several concerns about the investigative handling of this case incorporated as endnotes 2,3,4,5,6. Clearly, there are major problems with Katherine and Rehlin’s case. Therefore, I started a petition to encourage you to investigate anew, review the evidence, and compare other case law so that you would reconsider filing charges and bring Dehayes to justice. A copy of the petition with over 6700 signatures from people who agree with me is enclosed. In closing, my daughter and grandson are the innocent victims of Williams Dehayes’s criminally negligent acts, yet he walks free while they lie dead and buried, grieved for by all who knew and loved them. Katherine and Rehlin’s rights were violated; they didn’t deserve to die and at 51 years old, young Nicholas and I are on our own with little to no income and depleted savings from paying for both funerals. Dehayes must be held accountable for his actions in causing their deaths. Again, I implore you to help my family find justice and closure by either prosecuting Dehayes for the many crimes that he’s committed or sufficiently explain to me how seemingly identical situations that have been prosecuted somehow differ from Katherine and Rehlin’s. Thank you in advance for your time and attention to this matter. Sincerely, Donna Bryan Cc: Governor Rick Scott Attorney General Pam Bondi Attachments Enclosed: Hosnedl v. State, 126 So.3d 400 (Fla. App., 2013) ! ! Seymour v. State, 132 So. 3d 300 (Fla. App., 2014)! ! Sapp v. State, 913 So.2d 1220 (Fl, 2005)! ! ! ! Florida Statutes §782.07, §782.09, §784.021, §784.05, §790.10, §790.15, §790.155 Illinois University of Law, Professor Eric Johnson case review! Petition! The culpable conduct necessary to sustain proof of manslaughter under FS §782.07 is of a “gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them.'' Cannon v. State, 91 Fla. 214, 221, 107 So. 360, 363 (1926). Dehayes’s blood should have been checked for alcohol or narcotics levels when he was sent to the hospital. Florida Statutes §790.155(1)(a) Dehayes should have been taken into custody and questioned immediately rather than several days after the shooting. Child Protective Services should have been called to investigate Dehayes, given that he was playing with guns as though they were harmless toys while his children were in the home. This is true, despite his additional admission that he leaves his weapons out in the open where the children have access to them (“the boys know not to touch them,” he says in his interview at the Sheriff’s office). Florida Statutes §790.10 The role of my son-in-law Carson Hoover, who was present at the time of Katherine’s shooting, has not been investigated adequately, despite the text message records I have regarding her fear that something bad might befall her because Carson had been angry with her. In the recording from the interview room at the Sheriff's office, the detective advises Dehayes that Katherine and Rehlin’s deaths were due to an accidental shooting. The detective was coaching Dehayes, who mentions his longtime friend Sgt. Holbrook talked to him about the case, after-which the detective admits he knows who Sgt. Holbrook is and then deters the conversation. This seems irregular, evinces bias and lack of objectivity, coercion, witness tampering and conspiracy etc. This should be investigated. The only thing he said is that the police officers who were there did not think he was high so they didn't blood test him. He also said that no crime has been committed and he would not prosecute. I asked for a grand jury to review the case and make a decision and he said No because he was there law adviser and since he did not feel a crime has been committed he can not convene a grand jury. He also said that this petition which is public opinion is better sent to the Governor as public opinion matters to him (The Governor) and not his office. I then said let me get this correct your telling me that Florida allows for legalized murder and asked if I could go get a gun and play cowboy, kill some people and get a free pass. He said it depends on the circumstances as there are alot more then just the statutes to consider charges. I then let him know the letter that was written to him was done by a former prosecutor and a former lawyer who protected cops. He looked surprised but then masked his face. He told me he knows how to divorce his feelings from emotions. I asked who is suppose to protect my daughter and grandson's rights since criminals have all the rights. My daughter and grandson did not ask to be killed. He said stupidity doesnt equal manslaughter and negligent homicide is a civil matter. His best advice was to forget the money I have laid out in funerals, become a foster care parent and then I would get 200.00 a month from welfare for my grandson and file a civil suit against the man who killed my daughter and grandson. So I guess my state allows baby killers and killers to run free if they stupid. I guess only intelligent people get punished. I am beyond devastated and furious. Thank you everyone for your continued help and I am open to suggestions