I am currently waiting to hear from the US Attorney General Lee Brantly. A copy of the letter I have sent to him and am currently trying to get assistance from the news and media. I have contacted all the Florida Senators and Congressmen/women with my plight for justice and the corruption in this state. Dear Mr. Bently, I am writing because I need help! On July 26, 2014, my 25-year-old daughter Katherine Bryan Hoover and her husband went to visit her husband's friend, 35-year-old William DeHayes, at his home in Brooksville, Florida. During their visit, DeHayes decided to show off his gun collection. His subsequent recklessly negligent actions would prove fatal to my daughter, as well as to her unborn son, Rehlin. My devastated family and I are seeking justice on their behalf. Here's what happened that horrible day. When DeHayes began showing off his gun collection, he checked the first several guns to ensure they weren't loaded. But when he pulled out his .22 caliber revolver, he neither checked to see if the safety was on, nor if it was loaded--an act of complete and utter negligence. While showing off this unchecked .22 caliber revolver to his visitors, DeHayes began twirling the revolver in his hand like a gunslinger, in an incredibly cavalier manner ("kinda like a cowboy would," he later told police). He was pointing the revolver in Katherine's direction. The gun was cocked and loaded. As DeHayes twirled it on his finger, it discharged, shooting Katherine in the head. Katherine was rushed to the hospital, where she died a few hours later. Doctors delivered her unborn son, Rehlin, via emergency C-section, but as he was only at 5 months' gestation, he lived a mere 41 minutes before dying, as well. My family and I are bereft at these senseless, tragic, and completely preventable losses. I rushed to the hospital to be at Katherine's side, and I cannot tell you how traumatic the entire experience was. I've never seen so much blood before in my life as I did that night. Watching my baby girl leave this world and remembering the joy of when she came into this world, I thought I was going to die right there beside her. I begged and pleaded with the doctors to save her, even though I knew in my head that they couldn't do anything for her. My heart just couldn't accept it. Katherine also left behind a beautiful little boy, Nicholas, who is 7. He will have to endure a lifetime without his loving, devoted mother--all because of DeHayes' negligence. Making matters worse, because investigators say that Katherine's death was due to an "accidental shooting," they have declined to charge DeHayes, despite the fact that drug paraphernalia (specifically, a bong) was at the crime scene--and despite the fact that DeHayes essentially admitted in his interview with the Hernando County Detective Breedlove to a pattern of negligence and that approximately 45 minutes before the shooting he had taken Methadone, Lortabs and Sonoma. Which is in the recording of his interview with the detective. In the interview Dehayes states: "I haven’t slept in three days trying to figure out how the hell [the gun] went off. I don’t know. I mean them damn guns. The shotgun goes off when it wants to. I almost blew my damn head off twice." Excuse me, but shotguns don't go off when they "want" to. Shotguns go off when their owners are negligent. Full stop. Despite this damning evidence of repeated negligence, and despite the fact that there are children in DeHayes' home who might be at risk, officials not only refused to arrest or charge him: they also gave him his guns back, without so much as a slap on the wrist. They also never contacted Child Protective Investigations to protect the children. I am shocked, appalled, and devastated at how the judicial system has failed us. In fact, I feel like I am going crazy. How is it that DeHayes' right to own and play recklessly with his guns trumps my daughter's right to life? If a person drowns a dog, charges are filed. Is not my daughter's life, and that of her baby, worth more than that of a dog? How can this be? Please, help us secure justice for Katherine and Rehlin.Dehayes should be prosecuted for involuntary manslaughter, negligent homicide, and/or other appropriate charges, and give him a trial before a jury of his peers. As his pattern of recklessness demonstrates, he is a menace to society. He deserves to be prosecuted for his unconscionable actions that proved fatal to Katherine and Rehlin. The problem is the State Attorney Brad King refuses to prosecute as he says it was an "Accidental Shooting." First off, as far as I'm concerned there are no accidental shootings. Guns are not toys and should not be treated as such especially when children are present or in the room where it is being played with. We hold people under the influence accountable for there actions and it should be no less for people who play with guns. There are laws for jail time and harsh punishment for people who do harm against animals.My daughter and grandsons life is worth more than an animals. This man gets a free pass for killing two people-something is very wrong with this judicial system. Allowing someone to get away with killing someone without punishment is saying this state allows you to commit legalized murder and not worry about being prosecuted. I have been in contact with several politicians: Senator Wilton Simpson, Senator Marco Rubio and Senator Bill Nelson as well as Congresswoman and men Amanda Murphy, Blaise Ingoglia, Gus Bilirakis and Danny Burgess. I have also contacted Governor Rick Scott and Attorney General Pam Biondi. I have gotten no help from any of them. I have investigated all the material I have received from the State Attorney's office and in my opinion as well as several criminal attorneys and a Law Professor this case should be prosecuted. I am enclosing the case paperwork I gave to the State Attorney Brad King who still refuses to prosecute. The explanations I have been given for not prosecuting the case is outrageous. I asked why proper police procedure was not followed. Police responding to the scene did not test his blood to determine the levels of any of the drugs he took 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. The explanation I was told by the State Attorney and A Major (Sheriffs Office) for not testing was Dehayes is he didn't look to be impaired so they didn't test however, the man was having an anxiety attack so he was transported to the hospital by ambulance so I am sure one of the first questions they would have asked before treating him is what medications he was on, when he last took them and knowing most ER doctors do drug tests on patients that come into the ER when they know narcotics are being taken. 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. 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. 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 1. Always Keep The Muzzle Pointed In A Safe Direction 2. Firearms Should Be Unloaded When Not Actually In Use 3. Don't Rely On Your Gun's "Safety" 4. Be Sure Of Your Target And What's Beyond It 5. Use Correct Ammunition 6. If Your Gun Fails To Fire When The Trigger Is Pulled, Handle With Care! 7. Always Wear Eye And Ear Protection When Shooting 8. Be Sure The Barrel Is Clear Of Obstructions Before Shooting 9. Don't Alter Or Modify Your Gun, And Have Guns Serviced Regularly 10. Learn The Mechanical And Handling Characteristics Of The Firearm You Are Using Brad King wrote 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. Consider the following: 1) 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. 2) 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. 3) 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). 4) 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. 5) 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 Brad King to investigate anew, review the evidence, and compare other case law so that he would reconsider filing charges and bring Dehayes to justice. A copy of the petition with over 12,000 signatures from people who agree with me.The petition is 2600 pages long so I will enclose the link for you to access on the internet. https://www.change.org/p/state-attorney-brad-king-gives-free-pass-to-baby-killer?recruiter=192472051&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_facebook_responsive&utm_term=des-md-share_petition-custom_msg In a meeting I had with Brad King on September 16th, he did not answer my questions about the case: He did not explained how the cases I sent him do not apply to my daughter's case He still hasn't explained why no blood tests were done and why the Florida statues which are black and white don't apply to this case. He still didn't say who the authority is who was suppose protect my daughter and grandson's right to live if not him and his office. Keep in mind the letter I sent and the cases I sent to him were done by a former prosecuting attorney who was a Union Attorney for police so I know police procedures were not followed. All King said is it will never get in criminal court that I need to sue in civil court. If I wanted to bother the Governor with changing the law to do so. I asked how manslaughter is not prosecutable he said no crime was committed. Brad King pretty much he gave me the brush off. I have enclosed the email I sent him when I got home from the meeting with him and his reply. On October 17, 2015 I met with the Hernando County Sheriff's Office.There were Five men in the room. The Major, Captain, the detective's Supervisor, Detective Breedlove and a new Lieutenant. They admitted they made a mistake by not calling Child Protective Services. The Major said everyone makes mistakes but we correct them and move on. He said he reviewed the case and had questions and he said he called the State Attorney to get the answers to his questions. He said he was told about the appellate and supreme court stuff and that the reason they couldn't charge Dehayes under the statute of 782.09 killing of unborn child because the State Attorney said no crime had been committed to the mother. He said they didn't take a blood test cause he appeared fine and he was having chest pains so they sent him to the hospital but did not ask for the blood test as he did not appear to be under the influence. They didn't investigate Carson (my daughter's husband) as he was a wreck and they felt he had nothing to do with it. They said that Sgt. Holbrook who is no longer with the department and he has no standing with the department. He said he could reopen the case but he won't not without additional evidence. He said they gave a Culpable Negligent Case to the State Attorney but the State Attorney declined to prosecute. He thinks I don't like what they were saying I told him I believe the case was handled wrong and I asked why Peter Magrino said that she was killed when Carson handed the gun to Dehayes but in the interview video Dehayes admitted he shot her when he was playing tricks with the gun not when it was handed between the two and he said he couldn't answer that I would have to question Magrino but he tried to reassure me that Magrino views all the tapes before he will file charges against someone.I can tell you before we got there they were all in the room together and Breedlove who said nothing looked like he was going to cry and looked like he had been rolled over the carpet before we went in to the meeting.He was also doing alot of writing while we were in there talking. The Major also had written some things down as well. I also told him he could take all the work I had and to please look at it and he will see what I was talking about but he wouldn't, I also quoted the Honsedl v. State. He thanked me for not being a lunatic and staying calm. They stayed in the room after we left we were there an hour and half. He said all he could tell me was to get the law changed cause they will not reopen the case. The bottom line is the State Attorney refuses to prosecute and there isn't anyone who can do anything about it. After not hearing from the Governor's office nor Pam Bondi's office(Attorney General) I called The Governor's office. I spoke with Customer Service Supervisor Warren, who advised me that Brad King is the law. What he says goes. If he says that there was no crime committed then no crime has been committed. Well Why is my daughter and grandson dead? No crime has been committed then whose responsible for their deaths? Can Charges be brought against the State Attorney? Can the Governor be charged? How about Pam Bondi? What about my daughter and grandsons right to life? How about there civil rights? I also called Pam Bondi's office to ask why I had not heard from them. I can not remember the persons name I spoke to but she told me that Pam Bondi can not take the case and that they referred it back to Brad King. However, I have read that Pam Bondi's office can take the case and prosecute it in the newspapers. The FBI told me that I have not exhausted all of the people who could prosecute this case and they said I needed to have an attorney submit the paperwork to Brad King for prosecution but Brad King is aware that a former Prosecuting Attorney helped me with the paperwork and case, 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 Grieving Mother and Grandmother. 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! 1 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). 2 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) 3 Dehayes should have been taken into custody and questioned immediately rather than several days after the shooting. 4 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 5 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. 6 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.