Dear Sheriff Al Nienhuis http://www.tampabay.com/…/hernando-sheriffs-sergean…/2330784 I would like to know since you fired Sgt. Gisele Dunn for "in violation of agency policy and in direct conflict with the high standards" Why haven't you fired Detective Breedlove for not following protocol in the investigation of the death of my pregnant daughter Katherine Bryan Hoover? You may not like this on social media but I have sent you numerous letters and you have not answered them. I have called and left messages for you and you never return calls so therefore the only way to get your attention is to put it on social media where it will get your attention. You know as well as your other officials in your office he screwed up the investigation by waiting several days before interviewing Dehayes, by not taking his blood as per 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." He was sent to the hospital from an anxiety attack and they took blood Breedlove could have asked for the test results or asked for a toxicology which most times the ER physicians do that automatically when they know a patient is on medications. 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. 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. Assistant State Attorney Peter Magrino could not have reviewed the videotaped interrogation. Dehayes stated he took Methadone, Lortabs and Soma 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 because a Trajectory was never done but should have been done to verify his statement. His statement does not add up to the evidence. 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. He also stated to The Daily Beast he would never touch a firearm again and that he got rid of his guns and yet a year later he was out shooting them in public again drunk putting the public and a child in danger. 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. You have the power to correct this wrong but choose not too is it because the killer is friends with a SGT. in your office? Your the Sheriff your job is to serve and protect its citizens yet you allowed this killer to go free and the detective who did not do his job still works in your office meanwhile this SGT. Dunn who who you claim did not do her job "in violation of agency policy and in direct conflict with the high standards" How come Breedlove has not been fired? Is it because he is a man? How come the other officer with Dunn has not been fired? Is it because he is a man? I want justice for my daughter and grandsons. They deserve justice. You have the power to correct this. You know the private investigator who investigated and gave recommendations of what needed to be done. You also have the power to speak with the state attorney. I don't want to hear from your press secretary I want to hear from you. You want to sue me go for it. You and the state attorney have taken everything from me. Donna Bryan mother to Katherine Hoover and grandmother to Rehlin Hoover