It has been a month since my letter to State Attorney Brad King and Assistant State Attorney Peter Magrino calling for the prosecution of William Dehayes aka William Savickas and as usual, both State Attorney Brad King and Assistant State Attorney Peter Magrino have ignored phone calls, emails, and faxes. It truly amazes me how many Politicians, Law Enforcement, and the Judicial System all know how the Hernando County Sheriff's Office screwed this case up by not following the proper protocol of a death investigation. They (State Attorney, Politicians, Sheriff and yes even Judges) choose to ignore it then fix the corruption/cover up. My daughter and grandson's killer is a white man with connections in the Hernando County Sheriff's office so he gets a free pass on manslaughter of two people. If he was Black I am sure he would have gotten the death penalty cause this state is more harsher on black people than on white people. Black people tend to get the maximum time and whites get the minimal. As a white person it sickens me to know that in this day and age how racism still exists when so many people are in interracial relationships. The law says all men are created equal under the law and justice for all. This is a lie. Then when I finally get someone in the sheriff's office who wants to fix their screw up the Assistant State Attorney Peter Magrino refuses to issue a subpoena to obtain evidence in the case to move forward with the prosecution of a killer. Excuse me but isn't that his JOB to be the voice of the victim? To prosecute criminals who break the law? Interestingly this is what is written on the homepage of the State Attorney's website: “There is nothing more critical to the public’s trust in the integrity of the criminal justice system than a prosecutor’s ability to openly weigh information that speaks to a person’s guilt or innocence. A prosecutor has no more important responsibility than to follow the facts and the law wherever they lead, regardless of popular passions or political consequences.” -Daniel F. Conley. REF: Katherine and Rehlin Hoover Case: HCSO# 2014-22775 SAO #H2014-35628 My letter to Brad King and Peter Magrino which they blatantly ignored and not responded to which both their secretaries said they received Dear Brad King and Peter Magrino: Once again I am writing to request the killing of my daughter and grandson by William Dehayes be prosecuted. No additional information is needed to prosecute this case. All the information and evidence was there for this to be prosecuted. I have listened to all your explanations. After two and a half years of studying this case and researching all the statutes, case law, jury instructions and having it reviewed over and over by former prosecutors of this state and getting the same conclusion. This is and was Manslaughter. I am asking for the last time for you to prosecute this case or I will have no choice but to file a Writ Of Mandamus with the court. I have over 20k signatures on petitions who also agree this should have been prosecuted. I am also requesting that you do your jobs and prosecute this case as you have sworn an oath to uphold the law. I have given more than enough to prosecute this case. I would appreciate you giving this case to someone who can do their job. King's failure to prosecute Page 1 FACTS: William DeHayes shot and killed Katherine 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 25 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 Buspirone, 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 youtube. 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 Katharine 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 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 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 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.] 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 represented 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.” 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!!!!! [ Why is the mother dead?] 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!!!!!!] 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. 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.] Private Investigator Report: July 10, 2016 Al Nienhuis Sheriff Hernando Sheriff’s Office 18900 Cortez Blvd. Brooksville Florida 34601 Reference: Death Investigation, Hoover, Katherine Lyn / Hoover, Baby Boy 07/26/2014 Case number 2014-22775 Dear Sheriff Nienhuis: In April 2016 Peeler Group International was contacted by Attorney Frances Werner-Watkins. Attorney Werner-Watkins informed us that Amanda Murphy of the Florida House of Representative, had met with Donna Bryan, mother of Katherine Hoover. Attorney Werner-Watkins felt her daughters case was within my expertise and asked if I could meet with her. I met with Mrs. Bryan and review her daughter’s case and her concerns over the Hernando State Attorney’s decision not to prosecute William Matthew DeHayes for her daughter’s death. As a result, our company agreed to review Katherine’s case and see if there maybe anything we could do to assist. As a part of our agreement with Mrs. Bryan she resolved to allow us to work together with both the Hernando Sheriff’s Office and the Hernando State Attorney’s Office in a productive manner. The object would be to move forward to try and find any possible additional evidence or information that may help with the investigation and prosecution. With this said I phoned Detective Breedlove and left him a voice mail informing him I would be investigating the case and asked him to contact me. OVERVIEW OF CASE According to Hernando County Sheriff’s Office reports Carson Hoover and his wife, Katherine Hoover were visiting Carson’s friend William Dehayes. Carson and William both collected and shot firearms as a hobby and were discussing different guns they owned. During their conversation Dehayes was twirling a .22 caliber revolver in a manor he referred to as the “cowboy maneuver.” Dehayes stated he was lowering the hammer of the revolver in order to disarm the firearm when it misfired and discharged striking Katherine in the head. Katherine was transported by Fire Rescue to the hospital where she was later pronounced deceased. Dehayes was also transported to the hospital complaining of chest pains and difficulty breathing. Hernando Sheriff’s Office referred manslaughter charges to the State Attorney’s office. The State Attorney determined there was not enough evidence to support the charges of manslaughter at that time. INVESTIGATION On April 13, 2016 I attended a pretrial conference at the Hernando County Court House where William Dehayes was attending court in reference to new charges of discharging a firearm and disorderly conduct. These charges came a year and a half after he had caused the death of Katherine Hoover. Mrs. Bryan was present at the pretrial and I made the state attorney aware of her presence. I requested if they were to accept a plea deal, she be allowed to address the judge. There was no plea deal accepted at that time. The media was present and Mrs. Bryan and I did give an interview in hopes that any additional witnesses in her daughter’s case might come forward. Over the course of the next few months’ additional media coverage, website postings, neighborhood checks and radio interviews were done, but did not reveal any new witnesses that would assist in Katherine’s’ case. Our hope was that if Dehayes had acted recklessly prior to Katherine’s death with a firearm that a witness would come forward. Peeler Group International firearms experts reviewed the witness interviews, photographs and reports which unfortunately did not yield any additional information. However, one thing our experts did conclude was that anyone with any firearms experience should not handle a firearm without making sure it is unloaded and even then you make sure it is pointed in a safe direction. This is basic firearms safety, something Dehayes did state over and over again he was familiar with. On May 17, 2016 I attempted to contact the Florida Department of Law Enforcement (FDLE), Brenden Shally, I left him a voice mail requesting he phone me. I did not receive a return call or any cooperation from FDLE. After reviewing Detective Breedlove, the case detective for Hernando Sheriff’s Office, reports it is clear he did a thorough investigation of Katherine’s death. But as in any case a new set of eyes can sometimes reveal new ideas. I did have some suggestions I would like to make. I am aware the State Attorney does not feel there is enough evidence to support a Manslaughter charge. In my career at the Pasco Sheriff’s Office Major Crimes Unit, this happened to me on many occasions. There are times that the case does not rise to that of criminal charges and there are times that there is further information that is not initially found or available that would change that standing. SUGGESTIONS: -Check with the hospital where Dehayes was treated following the shooting to see if they took blood and checked for toxicology levels. (I noticed in the crime scene photo’s a bottle of Hydrocodone) this narcotic was not mentioned by Dehayes as being taken by him prior to the shooting. This may have been done but it was not mention in the reports. Image -I would re-interview Christine Erickson, Dehayes girlfriend. I attempted to interview her but she refused to speak with me, she and Dehayes are no longer together. Her interviewed stated Dehayes was twirling the gun when it fired, which is inconsistent with his statement that he was lowering the hammer when it fired. -I would re-interview Christine’s son, Bailey Erickson, his account of what occurred bothers me, it is to specific and exactly as Dehayes recounted it, down to which finger he used to twirl the gun to which finger he used to lower the hammer. This information came from a thirteen-year-old who was sitting on the couch in the living room at the time of the shooting, There were only three people who actually saw the shooting, Dehayes, Bailey and Christina. All other witnesses were distracted when the gun discharged. -Although there is no doubt Dehayes did not intend for the gun to discharge there is a doubt as to when it discharged. Dehayes was standing at the kitchen table and Katherine was seated across from him. She was struck in the eye and the bullet traveled upward and lodged in her left temporal lobe. This indicates that the bullet traveled upward, this leads me to believe the gun discharged when Dehayes was twirling the gun, not when he was letting the hammer go forward. It would be an unnatural motion for the gun to be that low and pointed in an upward direction to let the hammer go forward. I believe this difference is important to DeHayes actions as to when Katherine was shot. FDLE has already determined that the gun was not malfunctioning as DeHayes claimed. I suggest requesting a trajectory test be conducted utilizing both scenarios to prove this theory. Below I have provided a photograph of the crime scene to show where Dehayes was standing during the shooting on the left and where Katherine was seated eating McDonald’s on the right. I also provided a photograph of where the bullet entered Katherine’s left eye and lodged in her left temporal lobe. ImageImage CONCLUSION: After my investigation of Katherine’s shooting I could not locate any witnesses that supported Dehayes had previously acted in a reckless or wanton manner while handling a firearm prior to Katherine’s death. However, his recount of the events of when Katherine was fatally wounded do not match her injuries. He maintains he had twirled the gun, stopped and was in the process of lowering the hammer when the gun fired. This does not match her wound pattern, the bullet entered her left eye and traveled up warded. She was seated at the kitchen table and Dehayes was standing across the kitchen table standing. His claim to have been lowering the hammer when the gun discharged does not match the up warded motion the bullet traveled. However, if the gun discharged while he was twirling it, this would match the upward pattern. A trajectory test could determine the probability of the gun’s position when it was fired. If Dehayes was untruthful about his actions when the gun fired this may support his reckless and wanton behavior that is required by the state for prosecution. Further, if records are available at the hospital where Dehayes was treated it would show if he was under the influence of narcotics or alcohol at the time of the shooting. Thank you for taking the time to consider my investigation and findings I sincerely hope that it assists the Sheriff’s Office and the State Attorney’s Office with this case. Please do not hesitate to contact us if we can be of any further assistance at Peeler Group International. Sincerely, Lisa Schoneman Investigator Letter to all Public Officials Governor Rick Scott Attorney General Pam Bondi Senator Wilton Simpson Congresswoman Amanda Murphy Congressman Gus Bilirakis Senator Bill Nelson Senator Marco Rubio Congressman Dan Burgess Congressman Blaise Ingoglia State Attorney Brad King Assistant State Attorney Peter Magrino Sheriff Al Nienhuis Major James Terry FDLE The Florida Bar The Judicial Ethics Committee US Attorney General FBI Dear Ladies and Gentlemen: I am the mother of Katherine Bryan Hoover- the pregnant woman who was shot and killed on July 26th, 27th 2014 by William Dehayes in Brooksville, Fl. I have continuously asked for help from each of you as the man who killed my daughter and grandson has never been charged, detained or arrested according to the policies and procedures of law enforcement and the Florida Statutes Dehayes should have been immediately arrested. 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, Lortabs and Sonoma that he had been prescribed for back pain. This is according to Dehayes’s own testimony to Detective Breedlove. The investigation of this case has been totally mishandled by the Sheriff's Office. The Procedures and Protocol of Law Enforcement had not been followed. In any homicide the first suspect is the spouse. Carson Hoover was never investigated. Katherine's family was never talked to by the sheriff's office or detective other than to say it was an "accidental shooting" and Detective Breedlove stated this at the hospital before my daughter was officially dead in front of eight witnesses. The Policies and Procedure Law Enforcement Handbook states" Probable Cause General An arrest by a police officer pursuant to a warrant or a warrant exception must always be based on “probable cause.” The officer must have probable cause to believe that a particular statute has been violated by the subject, and that all the elements enumerated in the statute are present, based on the totality of the circumstances. The man was playing recklessly with a gun and he did pull the hammer back while twirling it and uncocking it pulling the trigger causing the firearm to discharge therefore shooting Katherine straight in the temple. 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. The explanation is"he didn't appear high." Not everyone's eyes are dilated when they are high and people who have just been in a tragic situation often sober up Immediately. 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. ( Even though it is prescribed medication law enforcement knows of the problems of prescription drug abuse in the county and the likelihood the prescribed dosage may or may not could have been taken should have been taken into consideration and therefore Dehayes should have been tested.) Florida law states that any person who stores or leaves a loaded firearm on premises under his or her control, and who knows or reasonably should know that a person under age 16 is likely to gain access to the firearm without the lawful permission of the minor’s parent or person having charge of the minor, or without supervision required by law, must do one of the following: * Keep the firearm in a securely locked box or container; * Keep the firearm in a location which a reasonable person would believe to be secure; or * Secure the firearm with a trigger lock. Let’s not forget, that Dehayes 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. He admits to Law Enforcement he has firearms safety. * 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 In Dehayes interview with Detective Breedlove he admits to leaving the firearms out "because the boys know better than to touch them." Now at the time Dehayes was not married to Christine Erickson. Any parent knows if you tell a child not to do something they are going to do it as they are curious. Both the Attorney General's office and the Department of Children's and Families should have been contacted. Both the Sheriff's Office and State Attorney's office are legal reporters of Child Abuse, Neglect and Endangerment.. Fl Statue 39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline Reporters in the following occupation categories are required to provide their names to the hotline staff: 1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons; 2. Health or mental health professional other than one listed in subparagraph 1.; 3. Practitioner who relies solely on spiritual means for healing; 4. School teacher or other school official or personnel; 5. Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker; 6. Law enforcement officer; or 7. Judge. Fl Statue 827.03(1)(B) Child Abuse (b) “Child abuse” means: 1. Intentional infliction of physical or mental injury upon a child; 2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or 3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. I think children seeing a pregnant woman's head shot in front of them is considered Child endangerment and Child Abuse. Therefore, the Sheriff's Office and the State Attorney's Office violated the law. Now according to the Florida Law Protocol the charge of "Battery, Aggravated Battery and Murder Florida Statutes § 784.03, provides alternative definitions of battery:(A) The actual and intentional touching or striking of another person (“against the victim’s will”); or (B) the intentional causation of bodily harm to the victim. As a general rule, the crime of battery occurs whenever one person (“the perpetrator”) touches or injures the victim without legal excuse or justification. If, while committing a battery, the perpetrator used a deadly weapon, or if he or she seriously injured the victim, the perpetrator may be charged with aggravated battery. If the victim dies of the injuries inflicted on him during an aggravated battery, the perpetrator can be charged with murder or manslaughter. A periodic review of Florida Statutes chapters 782 and 784 is recommended" Also in the interview, Dehayes admits he talked to his longtime family friend Sergeant Holbrook who worked for the Hernando County Sheriff's Office. At this point Breedlove admits to Dehayes he knows him and deters the conversation away from discussing anything more about the Sergeant. Detective Breedlove brought Dehayes into the interview room and appeared as he was coaching him on how it was an "Accidental Shooting." There are no accidental gun deaths just a lot of irresponsible gun owners. Now according to the letter I received from Assistant State Attorney Peter Magrino he stated"A review of the statements reveal that DEHAYES and Carson Hoover were former co-workers until DEHAYES was injured and ultimately relieved of his employment as a truck driver. Arrangements were made for the Hoovers' to visit the DEHAYES residence where the shooting occurred. Both DEHAYES and Carson are familiar with firearms and prior to the shooting at the home DEHAYES had already shown and let Carson handle two guns without any problems. As DEHAYES was showing the .22 caliber western style revolver and after Carson had handled it and returned the firearm to DEHAYES the discharge occurred. The occupants of the home who observed or heard the shot disclaim any animes, drug or alcohol use, or pointing of firearms prior to the shot. Investigative information reflects that DEHAYES professed firearms safety. During the events at the residence he had appropriately handled the other two firearms in a safe manner which included unloading, checking same and then showing them to Carson prior to handing them to him." Peter Magrino could not have reviewed the videotaped interrogation. Dehayes stated he took Methadone, Lortabs and Sonoma at the dinner time hour and the shooting occurred at approximately 6:45pm. He also never mentions that Dehayes was twirling the gun like a cowboy, cocked the gun or applied pressure to the trigger to uncock it when it went off and shot Katherine point blank in the temple. Magrino also never discusses the trajectory of how she was shot. According to Peter Magrino "The instruction for manslaughter cases reads as follows: Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a 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 such an indifference to the rights of others as is equivalent to an intentional violation of such rights. The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing and act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury. Pardon me but taking a loaded gun out in front of women and children and twirling it around is culpable negligence, it was gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a 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 such an indifference to the rights of others as is equivalent to an intentional violation of such rights. The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing and act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury. Dehayes also 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." With this statement he knew there was a chance someone could have been injured or killed which is culpable negligence. 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 discharging of weapons on private property, including residential property, is legal as long as lives are not endangered, University of Florida law professor George B. Dekle said. In the a news article Law Professor George Dekle states “If you are fooling around with a gun and it goes off, that’s against the law. If you are out celebrating and firing a gun into the air, that’s against the law,” Dekle said. “It is against the law to negligently or recklessly discharge a firearm on your property.” In Dehayes description of the incident to Breedlove he states the pointing of the gun was to the back door and Katherine was sitting behind him eating McDonalds so how did the bullet go behind him to strike her in the head if it was aimed at the back door? 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 leaving the children at risk and endangerment. Williams v. State, 104 So. 782 (Fla. 1925), where the Florida Supreme Court said that the defendant's mere possession and handling” of a pistol at a crowded dance hall was sufficient to satisfy the culpable negligence standard. Or take Tillman v. State, 842 So.2d 922 (Fla. Dist. Ct. App. 2003). In Tillman, the defendant accidentally shot the victim while he was messing with the gun, which he believed to be unloaded. According to the court, the defendant admitted that he pulled back and released the hammer and acknowledged that he must have pulled the trigger. The court did not suggest, however, that he had pulled the trigger intentionally. Nevertheless, the court held that his conduct satisfied the culpable negligence standard. 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. I am shocked, appalled, and devastated at how the judicial system has failed us. How is it that DeHayes' right to own and play recklessly with his guns trumps my daughter's right to life? Or my grandson's right to life? I wrote a letter to the State Attorney Brad King as Peter Magrino told me there was no one higher than him that could review the case. I thought that wasn’t correct as he is not the State Attorney who is elected by the people to his position. According to the letter from Brad King "From these statements, the evidence would show that Mr. DeHayes took the gun out of the holster, spun it around one or more times around his forefinger, then caught the butt of the gun in his hand and cocked it. He then was in the process of lowering the hammer, which requires putting pressure on the trigger, when the gun fired. Where the trigger is pulled intentionally,.... THAT IS A CRIME, even though the person who pulled the trigger did not know, or did not intend, that a shot would be fired. In the letter I received from Brad King he states "lf Mr. DeHayes was impaired by the use of drugs or alcohol, that would be a factor that would have to be considered. While he admitted he had taken medication, he stated that he had only taken the prescribed dosage and denied it affecting his judgment. We specifically asked the deputies who interacted with him the day of the shooting, and none reported that he appeared to be under the influence of any intoxicant or that his faculties appeared to have been impaired. Therefore, his use of prescription drugs, in a prescribed amount, is not sufficient to make the matter a crime. We will never know cause he was never tested if he was on the prescribed dosages. Interestingly, People are forced to take breathalyzer tests because the cop thinks you smell of alcohol or the person stopped tells they had a drink and the cop still test them to see if they are under the alcohol limit. hmm somehow I don’t think this is fair why don’t you just take their word for it? My cause is to get justice for my pregnant daughter who was shot and killed and or possibly murdered since the sheriff's office did not properly investigate the killing. Brad King is telling me that the killer got a free pass on killing two people and he is leaving the door open for other people to claim"Accidental Shooting or Legalized Murder "without fear of prosecution. I know Brad King does not care what public opinion is cause he has refused my petition that has over 13 thousand signatures that say Dehayes should be prosecuted but let's keep in mind that law is made upon public opinion and it is election time. I am not going away. My daughter and grandson's lives matter. Their civil rights have been violated.I love my daughter and grandson they did not deserve to die nor did they ask to be killed. I am going to keep at this as there is no statute of limitations on manslaughter.There are many violations here and to think that the people who are suppose to serve and protect are the ones who have violated the law including the State Attorney's office. The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. I think the FBI needs to step in and investigate and bring charges against the State Attorney, Assistant State Attorney Peter Magrino, Detective Breedlove and all the others who are involved in this cover-up. Let's not forget that Brad King and Peter Magrino were once cops and they are veterans of the justice system therefore know the laws. They should also know the Florida Law Enforcement Rules and Procedures. Florida Constitution. Article I, Section 2: All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty Section 16: (b) Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused. I am hoping that you will finally prosecute the man who killed my daughter and grandson. If you still conclude that this was not a criminal act then all the people who have been convicted and are in jail should be released immediately including Eric Stayton. The 14 year old who accidentally shot Tavaris Rhodes and is in jail charged with manslaughter. The many other cases I am enclosing. We deserve Justice! Stop the coverup. THERE IS NO JUSTICE IN DISCRIMINATION. THERE IS NO JUSTICE IN INEQUITY. Sincerely, Donna Bryan Case Law: Sapp v. State, 913 So.2d 1220 (Fla. 2005), Seymour v. State, 132 So. 3d 300 (Fla. App., 2014) The Lake County Case of Terrell Purley (2012 CF 000481) State Of Florida vs Stayton, Eric T (2014 CF 001061) Florida Statutes§782.07,§782.09, §784.021, §784.05, §790.10, §790.15, §790.155, §827.03(1)(B),§ 39.201 Law Professor George B. Dekle remarks in news article Illinois University of Law, Professor Eric Johnson case review Petition has over 20,000 signatures and growing In conclusion: This case should be prosecuted and Dehayes should serve time in jail. It is in the best interest of justice for this case to be prosecuted and those involved in this cover up/corruption should be prosecuted. Detective Breedlove who investigated the death investigation should be fired. Assistant State Attorney Peter Magrino should be disbarred and so should Brad King. The FBI needs to step in and investigate all cases in the Brad King Regime and insure they have been prosecuted correctly. My daughter and grandsons civil rights have been violated. I am pleading with the court to enforce the laws of State Of Florida including the constitution.