Why was there no action?

The recurring question is why were things handled the way that they were?

At the end of this blog, your feedback will be requested in the form of comments/reply as I see this as the only way we can have a discussion.

I am convinced that if Alec had been a senator’s son (reference to old song), things would have been handled completely differently.  In light of the case being reopened I will tread very carefully for now on what is disclosed online.  Just so you know, all, no matter what, will be disclosed by the time this is over for your review.

Certain people have floated a narrative of what has happened and now it is time for facts to be presented.  As facts are revealed you will have to make your own decisions.

Once this re-investigation is over, my second freedom of information act request is already in the que waiting to be processed in addition to exactly what happens with the re-investigation.   All will be displayed here for your assessment.

There are a couple of areas which I can safely disclose on here without the possibility of jeopardizing any part of the investigation.  One is why this was not considered to fit the definition as laid out by the crimes against children section of the Arkansas State Police.  This one we will get back to.  For now let us focus on the follow up and deeper dive into “Life in someone else’s hands”.

There are several areas of “action” we could discuss.  The one we will address specifically is known behavior and events of that night at the physical location of Alec’s death.

At the very least Alec’s death is a wrongful death.  Below I will outline both the laws and support for that assertion:

  • Proving negligence per se claim in a personal injury case usually means the plaintiff — along with his or her attorney, if retained — needs to establish the following:
    • the defendant violated a law
    • the intent of the law was the prevention of the injury that ended up occurring
    • the injured patient (the plaintiff) is counted in the class of people the law intended to protect

It is unlawful for any person to sell an alcoholic beverage to a person under age 21 in exchange for money or other item of value. Arkansas Code Annotated 3-3-202

It is obvious from the police report that alcohol was supplied from a “bootlegger” for this approved party.

5-27-209. Contributing to the delinquency of a minor.

(a) A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to:

(1) Do any act prohibited by law;

Okay, so come, reason with me…..       It was stated in the police report that the alcohol involved was acquired from a “bootlegger”.  Everyone on the property was an adult by the definition of Arkansas law, except Alec.

To go further, review of Police Reports acquired through a FOIA (Freedom of information act) request proves that this is an established behavior at this property making it a community risk.

I will not disclose all information out of respect but you can file your own FOIA request to gain the particular details if what I provide is not enough or if you doubt what is presented:

  • 06/28/14  (SO14-1784) underage party with battery charges
  • 04/18/15 (SO15-0733) underage drinking
  • 09/19/15 (SO15-1763) Underage party with battery charges
  • 10/30/15 (SO15-2016) Underage party with the death of my son Alec

They all have in common the following:

  • the police reports verify that there was underage drinking
  • No charges were ever filed

You could let your kids or your friends could be going to a place like this that has a clear history that is not known to you.

My question that I pose to you is this:

Why have no charges ever been filed against these people when this is a known, established behavior???

Life in someone else’s hands

One of the hardest things for young people to understand, and some adults, is that you literally place your life in the hands of those you associate with.

If you get in the car with someone, how they drive will determine if you make it home safe.  If they take chances in their driving, they are taking those chances with the lives of everyone in the vehicle and on the road with them.

If you go to someone’s house, you are not only at risk if those people are a danger, but you are at risk of those that frequent that location.

If you are around someone that is a drug dealer, you are now exposed to all of the trouble that comes with that life style.

Most times this is found out to late.  We assume that the adults of our communities will act as we do.  Look out and protect those that come onto their property.  Again, we never assume.

People, in general, project that others see the world and will act as we would.  This is our base of knowledge to draw from.  Unfortunately, this is far from the truth.  You cannot imagine the depravity that lurks just under the surface of what we see.  There are predators everywhere.  Lions waiting to devour.

The whole world  is not one to be feared, but we must be aware of the truth that it isn’t all bunny rabbits and unicorns and everyone is there to help.

I speak to this from a harsh experience.  Adults sold and allowed alcohol to be consumed by minors.  Not just once, but numerous times.  Some of you may remember an intense debate that took place on facebook around the bootlegger that supplied alcohol that night.  Many defend that this okay.  Kids argued because they didn’t want their access taken away and adults argued because they knew the individual.  If you break the law you roll the dice.  Sometimes you have to pay the price.  That is a choice that is made.

If you allow these parties on your property you have a responsibility.  You took ownership of these young peoples lives.  This should be understood because when someone is on your property you assume responsibility.  I believe it should go further and we should care even more than this basic responsibility.  When people come into our lives it is opportunity to be a positive influence and a source of reassurance and assistance.

Know where your children and loved ones are and who they are with.  Even though you may think they are okay, how sure are you?   Will they make sure nothing goes wrong or will they allow alcohol and other things to take place?

Don’t pretend the law will make sure all is okay because as I can attest, not even a ticket is written to some people for allowing these parties.  Numerous times, not even a ticket.  I thought there were laws against this ?????

 

Assuming that a Death is a Suicide – (Never Ass|u|me)

Throughout this horrific ordeal, I have been able to learn from experts around the country.  Alec’s death scene investigation is a text book example of what happens around our country daily.

One such expert which I have the utmost respect is Vernon Geberth.  Vernon J. Geberth is a retired Lieutenant-Commander of the New York City Police Department with almost forty years of law enforcement experience. He retired as the Commanding Officer of the Bronx Homicide Task Force, which handled over 400 murder investigations a year.

We reviewed Alec’s case and he shared with me that the reason that he writes and teaches law enforcement is because of the impact on the families and friends when an investigation does not take their pain into consideration.  The Seven Major Mistakes in Suicide Investigation opened my eyes in Alec’s case and was the beginning of my study of death scene criminology.

As we document the investigation, references to these 7 mistakes will be made

 

The below is included with Mr. Geberth’s permission. (Special thanks for all of your guidance and direction)

The Seven Major Mistakes in Suicide Investigation

By Vernon J. Geberth, M.S., M.P.S. Homicide and Forensic Consultant

Introduction

 

There may very well be miscommunications, which result in serious errors that affect the outcome of the case due to the various responsibilities uniform officers, detectives, medical examiners to forensic experts, prosecutors as well as others in the process. This is especially true in the investigation of suicide.

 

 

Mistake#1  Assuming the Case is A Suicide Based on the Initial Report

If the case is reported as a “Suicide,” the police officers who respond as well as the investigators automatically tend to treat the call as a suicide. It is a critical error in thinking to handle the call based on the initial report. The immediate problem is that psychologically one is assuming the death to be a suicide case, when in fact this is a basic death investigation, which could very well turn out to be a homicide. The investigator cannot “assume” anything as a professional law enforcement officer.

Any preconceived theories or notions are dangerous in professional death investigation. In addition to errors of assuming a “suicide” or natural death other preconceived notions may include deaths, which appear to be drug related and/or domestic violence. One must keep an open mind and not be influenced either by the initial reports or the presentation in the crime scene.

Mistake#2  Assuming “The Suicide Position” At the Crime Scene

It has been my experience that when police officers or detectives hear the word “Suicide” they go into what I describe as the “Suicide Position.” Suicides are non-amenable offenses that are not recorded in the UCR and therefore are considered less important than other events.

Without a doubt investigators take “short-cuts” when they hear the word suicide. I have reviewed many suicide cases where it was apparent that the investigators did not take each point to its ultimate conclusion. Sufficient photographs were not taken and certain tests were not conducted. In some instances the deaths were suicides, but the incomplete and insufficient preliminary investigation raised legitimate concerns.

Death investigations of the elderly are oftentimes assumed to be naturals and there is a tendency on the part of uniforms and detectives to rush-through the crime scene process.   Many investigators, who have “bought-into” the initial call and treated the case like a routine suicide or a natural death, have been greatly embarrassed when the medical examiner’s finding showed the death to be a homicide. They then find themselves in the unenviable position of having to explain how they missed crucial evidence or failed to take important crimes scene photos.

Mistake#3 Not Handling “The Suicide” as a Homicide Investigation   

According to Practical Homicide Investigation®, “All death inquiries should be conducted as homicide investigations until the facts prove differently. The resolution of the mode of death as Suicide is based on a series of factors which eliminate Homicide, Accident and Natural Causes of death.

I recommend that an investigator be assigned to every unattended death case. Some agencies have mistakenly allowed patrol officers to conduct basic death investigations with the assumption that such deaths are generally not criminal incidents and don’t require detective investigation. On the contrary, these cases may very well be homicides, which have been staged to appear to be suicide, accidents or natural causes. In equivocal death investigations there is the potential for major errors. If in fact, the death is later attributed to be homicide valuable evidence will have been lost or contaminated because the scene was not handled as a homicide case. The critical interviews and interrogations as well as crime scene documentation and photographs are irretrievable.

Currently, with all the forensic programming available to the general public, which focuses on police procedure and forensic medicine, many people have come to believe that they are well versed and knowledgeable to the point that we have the “CSI Effect.”

The C.S.I. Effect refers to the phenomenon of the impact that crime scene and forensic criminal investigation television shows on the general public. The fictional aspects of these programs provide the entertainment component. However, there are a number of legitimate investigative techniques as well as tactical police procedures revealed to the viewing audience that contribute to the C.S.I. Effect. The problem is that criminals read the same books and watch the same TV shows as everyone else and therefore gain insight into the investigative process as well as the value of trace evidence.

It is not unlikely that someone who wanted to kill might “Stage-the-Scene” to make a death appear to be a suicide to cover up the murder.

Mistake#4 Failure to Conduct Victimology

One of the most significant factors to consider in any death investigation is victimology. Victimology as it pertains to both suicide and homicide investigations is significant in ascertaining motives, suspects and risk factors. In suicide cases, this becomes paramount in determining Motive and Intent. Does the victim fit a “Suicide Profile?” Was there any evidence of marked depression or suicide ideations? Did the victim have both short and long term plans?

Victimology is the collection and assessment of all significant information as it relates to the victim and his or her lifestyle. Personality, employment, education, friends, habits, hobbies, marital status, relationships, dating history, sexuality, reputation, criminal record, history of alcohol or drugs, physical condition and neighborhood of residence are all pieces of the mosaic that comprise victimology.   The bottom line is “Who was the victim and what was going on in his or her life at the time of the event.” The best sources of information will be friends, family, associates and neighbors and that will be the initial focus of the investigation.

 Mistake#5 Failure to Apply the Three Basic Investigative Considerations To Establish if the Death is Suicidal in Nature

 The investigator should be aware of three basic considerations to establish if a death is suicidal in nature.

  1. The presence of the weapon or means of death at the scene.
  2. Injuries or wounds that are obviously self-inflicted, or could have been inflicted by the deceased.
  3.  The existence of a motive or intent on the part of the victim to take his or her own life.

Mistake#6 Failure to Properly Document any Suicide Notes

If the victim left a note, and even if you are sure that the case is a suicide, obtain an exemplar (An example of the victim’s handwriting from some document that was known to have been written by the deceased.) This is necessary especially when later on there is a dispute over the classification of the death as a suicide.

The presence of a Suicide Note certainly suggests suicide. However, there are a number of investigative considerations to determine whether or not the note is genuine.

  • Was it written by the deceased?
  • Was it written voluntarily?
  • Does the note indicate suicidal intent?

Suicide notes oftentimes have mixed emotional content including “positive” and “negative” feelings. Suicide ideations, which are the formation and conception of ideas in the mind of the deceased, present suicide as a viable option. There may be reference to an “afterlife” or being with a loved one “looking down”, etc. The Suicide Note is a direct communication indicating intent to commit suicide. The letters and notes may be addressed to relatives and friends or left at the death scene, which indicate severe depression and or anger. The notes are often coherent and legible unless written under the influence of alcohol or drugs and may be instructional and/or admonishing. These notes should be collected in a manner to preserve any latent fingerprints and exemplars should be obtained for comparison. The note oftentimes provides a basis of inquiry into the background of the deceased.

Mistake#7 Failure to Take Each Factor to its Ultimate Conclusion

In order to conduct an efficient and effective investigation, the detective first concentrates on the mechanical aspects of the death, i.e. motives and methods, wound structures, crime scene reconstruction, bloodstain pattern analysis, the cause, manner and time of death as well as other factors that provide clues to the dynamics of the event. The detective then accesses various sources, which can be applied to his or her investigation. In suicide cases the application of a “Psychological Autopsy” might be useful in drawing conclusions but only if the information obtained for this instrument is taken concurrent with the event and not after people have formulated an opinion.

 “Remember, Do It Right The First Time. You Only Get One Chance.”

Quote from Lt. Cmdr. Vernon J. Geberth,

From 1980 in Law & Order Magazine

 Conclusion

It should be noted that the final determination of suicide is made by the medical examiner/coroner after all the facts are evaluated. However, the investigation at the scene and an inquiry into the back­ground of the deceased may indicate the presence of life threatening behavior or activities that suggest suicidal intent. Of course, the medical examiner/coroner is supposed to avail him or her of the input of the investigators, who were present at the scene and conducted the death investigation.

Why are we here?

The purpose of this blog is multifaceted.

Many people throw spin and rumor and those take on lives of their own.  Though opinion will be expressed, facts will be laid out for conclusions.  I will be honest.  Brutally honest about both circumstances, myself and my motivations and feelings.

First, many believe the stories that have been put forth that Alec committed suicide.  We (family, friends, and others that have reviewed the evidence) do not agree with this and will systematically put forth the evidence so you will for the first time be able to draw your on conclusions.

Second, we believe that Hempstead County ruled it a suicide, falling into a documented error and failure of investigation that is common across our country.

Third, we will present the response of Hempstead County “public servants” and others with the state and document their response or failure to do so.

Fourth, failure of the justice system, be it based upon prejudice, incompetence, or shear lack of concern will be presented so that you can make your own decision.

Fifth, a page on grief has been added and will be updated as is necessary.  This page represents more to me than ever will be posted.  I truly pray the people that will be revealed in this blog understand something.  They have insulted my son and family.  Their actions speak what is in their heart and they, through lack of due diligence, have made a statement on the value of my son.  Alec deserved the same level of attention that they would have provided if it had been their child or someone within those they deem that matter.  You see, justice is not equal under the law because as you will be shown, there are no standard policies and procedures nor checks and balances.  The power to what actions are taken rest solely in the hands of a few “public servants”.

Sixth and final point, this blog will be an avenue for people to present either THEIR stories of similar injustice or how the death of Alec and this drawing out impacted them.

Let everyone own their actions.  Many will choose ignorance over the truth and that is understandable in the world we live in now where “can’t we all get along” and “don’t rock the boat” are mantras.

You have only heard one side of the story, the rest of the story begins…

 

The Quest Begins

Thank you for joining us on our quest for truth and the revelation of how justice varies as decided by those administering it!

“Let the first act of every morning be to make the following resolve for the day:

– I shall not fear anyone on Earth.
– I shall fear only God.
– I shall not bear ill will toward anyone.
– I shall not submit to injustice from anyone.
– I shall conquer untruth by truth. And in resisting untruth, I shall put up with all suffering.”
Mahatma Gandhi