Petition updateBrad King we demand JusticeAnother Attorney who says it was Manslaughter
Donna BryanNew Port Richey, FL, United States
Oct 30, 2016 — FACTS: William DeHayes shot and killed Katharine Bryan Hoover while playing with a loaded defective 65 year old 22 caliber pistol demonstrating his quick-draw technique in the presence of at least two young children after taking at least four separate prescription drugs whose side effects and interactions are widely known to affect a person’s judgment, reactions, impulsivity, motor coordination, vision, sense of balance and mental alertness to name just a few. THIS IS MANSLAUGHTER  On July 26, 2014 at approx. 6:30 P.M. five months pregnant 26 year old Katharine Bryan Hoover, visiting William DeHayes at his home in Brooksville, FL, was sitting at DeHayes’ dining room table eating McDonald’s. DeHayes was a former co-worker of Katherine’s husband. She had not met DeHayes previously.  DeHayes had just ingested Methadone, Lortab and Soma at his dinner. He also admitted in his police interview two days later that he takes Busporin, an anti-anxiety/antidepressant. He was taking it because this was the only antidepressant he could take as an over the road driver. He must have been taking it for a while because he was at the time of the shooting, disabled by back pain and hadn’t been working for a while. The combination of these pain killers with an antidepressant is known in the drug world as the “Holy Trinity” and can produce a “heroin high.” [Google “holy trinity” drug effects].  DeHayes began showing off his gun collection to Katherine’s husband. DeHayes checked the first two weapons for ammunition when he took them out, but he did not check the third, a 22 caliber 65 year old pistol.  DeHayes had been practicing cowboy quick-draw routines with his pistol from demonstrations he had seen on you tube.  He began twirling the pistol like a cowboy. He twirled the gun back and then he pulled the hammer back and put his finger on the trigger. He had the gun’s holster in his other hand. He twirled the gun forward to holster it and as he eased the hammer down, the gun fired.  The gun had been pointed toward Katherine, who was sitting at the kitchen table behind DeHayes when it discharged. Katherine was hit in the eye. According to DeHayes in his police interview Katherine went “over the chair” when she was hit by the bullet.  DeHayes stated in his interview that two young boys were immediately present when the shooting took place. A third was in a nearby room. DeHayes admitted in his police interview that he leaves guns out but the children “know not to touch them.” He also stated he had taken the children shooting and allowed them to fire the weapons. This dangerous home environment, with unsecured firearms, at least one of which was loaded, puts the safety of these young children in question. The children witnessed a shooting and were exposed to a bloody crime scene with grave injuries to a victim, who died just hours later. Their mental and emotional health King’s failure to prosecute health had been placed in jeopardy and immediate professional support and counseling should have been provided. Police are mandatory reporters of child abuse and neglect. Police failed to call the Department of Children and Families, which they later admitted was a mistake.  Katherine died a few hours later. Her son Rehlin was delivered by emergency C-section but he lived only 41 minutes. She left another son, six years old, behind.  Police did not arrest DeHayes at the scene. He complained of chest pains and went to the hospital. Detectives failed to question him at the scene or ask for blood or toxicology screens at the hospital despite the fact that there was a bong in plain view at the scene of the shooting and at least two of the drugs DeHayes was taking cause constricted pupils…..something that would have been obvious just by looking at him.  Florida Statutes §790.155(1)(a) if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of controlled substances 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 alcoholic content thereof or the presence of controlled substances therein. [Writer’s comment: constricted pupils plus a bong and the reckless action of playing with a loaded gun in the presence of children should have given rise to questioning immediately about any substance use or abuse. This is routine gun accident 101 questioning!!!!!!!The pupils and bong alone IMO are PC for the test – especially since he was going to the hospital ANYWAY!!!!!! Not only were the tests not requested but when Major Terry, pressured by Katherine’s mother [DB] asked the SAO (State Attorney's Office) to issue a subpoena for DeHayes’s medical records, the SAO REFUSED to do so.]  DeHayes said at his interview he had spoken to his longtime friend Sgt. Holbrook about the shooting!!!!! [DeHayes is indirectly related to Sgt. Holbrook related and dated Holbrook’s daughters Per DB] [Writer’s note: delay in questioning allowed DeHayes to receive coaching from veteran police officer friend and relative]. Holbrook should have been questioned about statements DeHayes made to him about the shooting before the police interview.]  In his police interview two days after the shooting!! DeHayes admitted to shooting Katherine while playing tricks with the 65 year old gun. He had recently had the gun worked on. He admitted to continuing problems with a sticking hammer and a stiff trigger. [Writer’s note: If the trigger is stiff wouldn’t it take more than the normal pull on the trigger to discharge this weapon?]  DeHayes stated he had last used the gun on the fourth of July. He said he emptied the gun out but he also acknowledged that he knew some of the old ammunition for some reason gets stuck. [Writer’s Note: This alone should have given rise to a greater duty to ensure the gun was free of ammunition before playing with it.] King’s failure to prosecute  DeHayes stated in his interview that “The damn thing just went off. I don’t know if the hammer hit the bullet just right or what.”  DeHayes also admitted in his interview to leaving his guns out in the open with his boys in the home because they “know not to touch them.”  The coroner ruled the deaths as homicides. The autopsy reports are dated 25 August 2014.  The police sent the SAO a culpable negligence case. State Attorney Brad King refused to bring any charges!!!!!!! and he continues to maintain that position.  Katherine’s mother [DB] hired a former prosecutor and attorney (who use to represent police unions and police officers) to investigate the case for her privately. The investigator’s determination was that charges should be filed. DB wrote to Brad King and sent him similar cases in which there had been prosecutions. Additionally a respected law school professor who teaches criminal law states in an article he authored that SA King should have prosecuted DeHayes for culpable negligence. [Writer’s note: DB and writer have this article.]  On September 16, 2015 DB met with SA Brad King in his office. She had provided him with case law from similar cases all over Florida. King said again he would not prosecute DeHayes. King told DB no crime had been committed and he would not prosecute. DB asked for a grand jury to investigate. King said “No” because he was the grand jury advisor and he could not convene a grand jury because he did not feel a crime had been committed. [Writer’s note: The purpose of the grand jury is to investigate whether or not a crime has been committed, not merely serve as a vehicle for cases the SA wants to push forward.] DB gave King her change.org petition signed by more than 15,000 persons. King said public opinion didn’t matter to him and DB should send her petition to the Governor’s office. King also said he considers more than just the statutes when determining whether or not to file charges. [Writer’s note: Odd statement for the person who is supposed to enforce our laws.]  King said stupidity doesn’t equal manslaughter and negligent homicide is a civil matter!!! [Writer’s note: So why is there a criminal charge for culpable negligence in the Florida statutes???? Culpable negligence which results in a death is manslaughter per statute!!!]  King advised DB to forget the money she has laid out in funerals, to become a foster parent and get @$200.00 a month from the state welfare to raise her grandson and to file a civil suit against the man who killed her daughter and grandson. [Writer’s note: DB cannot file suit because she is no longer next of kin as her daughter was married and King knows that].  King later wrote to DB in a demeaning matter, arrogantly reminding her that he had given her “an hour of his time.” King’s failure to prosecute  In October 2015 DB met with Major James Terry, a Captain, a Lt., Det. Breedlove and Breedlove’s supervisor. Major Terry said they gave a culpable negligence case to the SAO but King’s office refused to prosecute.  ASA Peter Magrino was assigned to the case, but King as State Attorney has the ultimate decision on filing. DB was told the SAO said they could not bring charges for killing the baby under 789.09 F.S. because there had been no crime committed against the mother!!!!!  Police told DB they didn’t ask for a blood test because DeHayes seemed fine.  The Major said police/SAO would not reopen the case without more evidence. DB offered them case law of similar cases that had been prosecuted in the state. Major Terry declined to look at her research.  DB filed a bar complaint against Magrino for not doing his job.  Major Terry later told DB he asked Magrino for a subpoena for the medical records for DeHayes’ blood test results at the hospital and Magrino refused the request!!!!  Magrino later snidely announced to DB that he was going to “let her slide” on the bar complaint because she was a grieving mother.  Let’s not forget, that DeHayes collects firearms so he should be held to a higher standard and at the least recognize that of the 10 common safe gun handling rules as outlined by the National Shooting Sports Foundation, he violated the top 4.  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 [Writer’s Note: State could subpoena the hospital records in the hopes that DeHayes admitted being under the influence of the drugs in his medical history, and to get his hospital diagnostic blood tests. Even without that he could be prosecuted for manslaughter, culpable negligence, killing of an unborn child and/or improper exhibition of a dangerous weapon (firearm). IMO there was probable cause on all these offenses for an arrest or grand jury. State Attorney Brad King chose not to prosecute at all!!!!!!] King’s failure to prosecute DeHayes was recently arrested for shooting a gun while intoxicated. If police had confiscated his weapons and properly prosecuted him earlier this crime would have been avoided. Internet info on drugs: Methadone slows down reactions, making a person appear more lethargic and his movements more exaggerated. This means he is more likely to have an accident as one cannot react as quickly as one should. One might also suffer from mood swings, particularly as the body's supply of methadone gets low. These can range from depression to mania and everything in between, which can really put a strain on one’s health and personal relationships. Other side effects [Writer’s note: I edited out the side effects etc. not applicable to our facts] include:  Pinpoint pupils. Lortab (also known as Lorcet, Norco or Vicodin) is a controlled-substance medication used for pain that is only available by prescription. Lortab use can easily lead to addiction as the narcotic – hydrocodone – affects the pleasure center of the brain to cause euphoria. Frequently observed symptoms of Lortab use and abuse include: Mood:  Euphoria  Anxiety  Severe mood swings Behavioral:  Social withdrawal  Becoming argumentative  Impulsivity Physical:  Drowsiness  Severe weakness  Dizziness  Lightheadedness  Convulsions  Seizures  Muscle twitches  Constricted pupils Soma is a muscle relaxer that works by blocking pain sensations between the nerves and the brain. King’s failure to prosecute Soma can cause side effects that may impair thinking or reactions. Be careful if you drive or do anything that requires you to be awake and alert. Avoid drinking alcohol. It can increase drowsiness and dizziness caused by Soma. Soma can impair the patient's ability to operate a firearm, motor vehicles, and other machinery of various types, especially when taken with medications containing alcohol. Buspirone is an anti-anxiety medicine that affects chemicals in the brain that may be unbalanced in people with anxiety. Buspirone is used to treat symptoms of anxiety, such as fear, tension, irritability, dizziness, pounding heartbeat, and other physical symptoms. This medication may impair your thinking or reactions. Be careful if you drive or do anything that requires you to be alert. Drinking alcohol may increase certain side effects of buspirone. Common buspirone side effects may include:  dizziness, drowsiness;  sleep problems (insomnia);  feeling nervous or excited. Taking this medicine with other drugs that make you sleepy or slow your breathing can worsen these effects. Ask your doctor before taking buspirone with a sleeping pill, narcotic pain medicine, muscle relaxer, or medicine for anxiety, depression, or seizures. Rare side effects  Chest pain  confusion  fast or pounding heartbeat  incoordination  muscle weakness  numbness, tingling, pain, or weakness in the hands or feet  stiffness of the arms or legs  uncontrolled movements of the body More common:  Restlessness, nervousness, or unusual excitement Less common or rare:  Blurred vision  decreased concentration  drowsiness  muscle pain, spasms, cramps, or stiffness  ringing in the ears  trouble with sleeping, nightmares, or vivid dreams  unusual tiredness or weakness Using methadone together with Soma may increase side effects such as dizziness, drowsiness, confusion, and difficulty concentrating. Some people, especially the elderly, may also experience impairment in thinking, judgment, and motor coordination. Also avoid activities requiring mental alertness such as driving or operating hazardous machinery until you know how the medications affect you. Using methadone together with Buspirone may increase side effects such as dizziness, drowsiness, confusion, and difficulty concentrating. Some people, especially the elderly, may also experience impairment in thinking, judgment, and motor coordination. You should avoid or limit the use of alcohol while being treated with these medications. Also avoid activities requiring mental alertness such as driving or operating hazardous machinery until you know how the medications affect you. Talk to your doctor if you have any questions or concerns. It is important to tell your doctor about all other medications you use, including vitamins and herbs. Do not stop using any medications without first talking to your doctor. Applies to:Buspirone and Lortab (acetaminophen/hydrocodone) Using Buspirone together with Hydrocodone may increase side effects such as dizziness, drowsiness, confusion, and difficulty concentrating. Some people, especially the elderly, may also experience impairment in thinking, judgment, and motor coordination. You should avoid or limit the use of alcohol while being treated with these medications. Also avoid activities requiring mental alertness such as driving or operating hazardous machinery until you know how the medications affect you. Talk to your doctor if you have any questions or concerns. It is important to tell your doctor about all other medications you use, including vitamins and herbs. Do not stop using any medications without first talking to your doctor. ….." the drug trio — hydrocodone (a narcotic), alprazolam (an anti-anxiety drug) and carisoprodol (a muscle relaxant). These drugs — known as the "Holy Trinity" or "Houston cocktail" — when taken together can produce a heroin high." Statutes and legal commentary: 790.10 F.S. Improper exhibition of dangerous weapons or firearms If any person having or carrying any ….. firearm…… shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree… 784.05 FS Culpable negligence.— (1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The following excerpts were taken from prominent Miami attorney Yale Galanter’s website: “Culpable Negligence can be defined as acting recklessly without caution and putting another individual at risk of either injury or death. Every citizen has the responsibility to hold themselves to a standard and act in a reasonable manner towards one another. If that responsibility is violated and there is a conscious intention to harm or hurt another citizen then the violation is considered negligence. Culpable negligence is an action that shows a blatant disregard to an individual’s life or a disregard for the safety and general well being of the public. When a homicide doesn’t meet the legal definition of murder, the Florida state laws permit a prosecutor to pursue a manslaughter charge. In the state of Florida manslaughter can be either voluntary or involuntary. Voluntary manslaughter is an act that an individual takes to intentionally cause hurt or harm to another citizen. Involuntary manslaughter does not require a person to have the intention of harming another individual but yields the same result of voluntary manslaughter. In order for a prosecutor to prove involuntary manslaughter they need to show that the defendant acted with culpable negligence. An example of culpable negligence would be if an individual were in possession of a gun without the knowledge of it being loaded and then accidentally firing the gun and harming someone. This scenario would most likely meet the requirements that can lead an individual to being charged with culpable negligence. Manslaughter is recognized as a second-degree felony …. Second-degree felonies can result in a lengthy prison time of up to fifteen years and hefty fines of $10,000. In the circumstances where a defendant is being accused of manslaughter of a child or a senior citizen, Florida will treat the case as a first-degree felony. A first-degree felony can potentially increase the length of imprisonment to up to thirty years.” 782.07 Manslaughter; ….. (1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, … (3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree… 782.09 Killing of unborn child by injury to mother.— …. (2) The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a felony of the second degree, ….. Case law provided by DB: “ ‘Culpable negligence' as used in the manslaughter statute means negligence of a gross and flagrant character evincing a reckless disregard of human life or the safety of persons exposed to its dangerous effects, or that entire want of care which would raise the presumption of indifference to consequences; or which shows such 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.” Charlton v. Wainwright, 588 F2d. 162 (1979) citing Carraway v. Revell, Fla.App.1959, 112 So.2d 71; Cannon v. State, 1926, 91 Fla. 214, 107 So. 360. 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, Lortabs, Soma and Busporin. [Writer’s note: Brad King’s jurisdiction while he was State Attorney!!!] 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 No Contest, he was adjudicated guilty and sentenced to probation. (9 months county followed by 5 years probation and ordered to pay $10,858.28 for restitution. [Writer’s note: The article by the law professor contains additional cases. The foregoing are but a few examples that support the prosecution and conviction of DeHayes. King needs to let a jury decide DeHayes’ fate. This was no accident.] Attorney Linda Chapman
Support now
Sign this petition
Copy link
WhatsApp
Facebook
Nextdoor
Email
X