Invalid Investigation–Derides & Mocks The Death Of An Innocent Man…

Issue 48 investigation for web

An innocent man was killed while in the custody of the Key West Police Department. This disabled 61 year-old met his fate at the hands of police officers, as he laid down on the ground before them. This defenseless and helpless citizen  appeared compliant to all commands that were directed at him.

An onslaught of aggression was executed upon Mr. Eimers. He was face down in a prone position, with his arms extended above his head. He did not pose a threat to anyone.

The violent force exerted on him to effect an arrest, was not commensurate with the submissive actions demonstrated by the decedent.

Placing their lives on the line every day to protect and serve our community, law-enforcement is a noble profession. Split-second, life or death decisions are required of them each day. When needed, we value and applaud those who have chosen such a career. On the fateful day in question, their state of mind remains a conundrum.

Unfortunately, I’ve witnessed police misconduct on more than one occasion, which resulted in the loss of life and a subsequent cover-up, to conceal crimes. These heavily armed organizations are capable of malfeasant and murderous actions.

It appears that the conduct of some police officers arresting Mr. Eimers were the source of his death. In one sense, this obedient and compliant individual may have had the life beaten out of him.

Credible evidence indicates that immediately following the death of this elderly man, as he laid lifeless at the feet of his executioners, some police officers allegedly misinformed the responding EMT’s, as to the factual details that caused the subject’s fatal injuries.

Misrepresenting these details and the manner in which Mr. Eimers acquired his injuries, to the arriving paramedics may have cost him his life. Such behavior is a serious breach of the public trust and may constitute a crime.

An independent investigation revealed that rather than gathering witnesses and collecting statements capable of establishing a basis of fact, which described the tragedy that had just occurred, it appears that the Key West Police Department did their best to chase and scatter away all observers to the their actions.

In addition, apparently there was a cadre of vacationing New York City police officers having something to eat, as this incident unfolded before them. It’s suggested that argumentative words were exchanged between this group  and the KWPD. It appears that this visiting group vociferously voiced their disapproval of the tactics   employed by the arresting officers. It’s my understanding the FDLE and the KWPD did not take any statements, nor record any data attesting to the identity of any witnesses to the event that had just killed an innocent man in their custody.

A subsequent independent investigation suggests that two KWPD officers may have returned to the scene of this fatality, in an effort to silence all employees who witnessed this tragic incident. A witness to this fear tactic, stated that one of the individuals appeared to pose as an FDLE agent. As chronicled by some other witnesses, these alleged investigators utilized veiled threats to invoke the censorship they desired.

It’s apparent from the start that the relationship formed between the KWPD and the FDLE, based upon their own guidelines, protocols, policies and common sense; violated the basic tenets required of any credible and reliable examination of the facts.

According to the findings of an independent examination, Carol Frederick (FDLE Supervisor) of the Eimers’ killing, was contacted by an eyewitness who works for the U.S. District Court system in Maryland via voicemail on January 30, 2014. This woman possessed a plethora of relevant information related to the immediate events surrounding the police action that caused an in-custody fatality.

Evidence suggests that this voicemail was ignored by Ms. Frederick. She apparently refused to review or record this pertinent testimony. This primary sourced evidence was not made a part of the investigation . Along with all the witness statements that were not gathered, this critical evidence  was not available to the medical examiner. Apparently, this information will not be included in the findings presented to the ‘grand jury’.

FDLE violated three policies contained within their own Investigative Code of Conduct. Kathy Smith (FDLE ), the ex-wife and mother of Capt. Smith’s child, violated all investigative doctrines when she assumed the duties to examine Mr. Eimers’ death. Her former husband (Capt. Smith) is a Commanding Officer in the KWPD. All of the police officers under scrutiny in the aforementioned killing are linked to Capt. Smith.

As it appears, the questionable conduct and poor judgment exhibited from the start, and throughout the FDLE investigation, constitutes a brazen disregard of jurisprudence. The apparent negligence and neglect in this matter, invalidates their investigation. As such, it cannot be proffered before a ‘grand jury’. To fraudulently proceed with a document that maligns the integrity of the court, would constitute a serious crime.

Reviewing the data secured thus far, it suggests that either the KWPD and the FDLE are attempting to intentionally mislead or they have been grossly negligent.

State Attorney Catherine Vogel, if you do not stop this deception dead in its tracks and immediately initiate an independent investigation, the rats will abandon ship as you take her down to the bottom. This is not solely a Key West issue. Renowned individuals and reputable institutions world-wide are waiting to call in the cavalry, if there are any appearances of impropriety. I believe that you’re underestimating the ubiquitous nature of the depraved indifference, projected by this tragedy.

The Mayor, City Commissioners and Chief Lee have a problem on their hands. A pattern of behavior that appears to be dangerous and reckless (actions that have injured or killed) has been exhibited by their police department. These public officials have not shown any interest in taking a detailed examination of the events that resulted in the Eimers’ killing. This innocent man’s life was taken for ‘no just cause’.

It’s unfortunate that so many individuals appear willing to destroy their careers, reputations and finances, because they are unable or unwilling to professionally adhere to their oaths and codes of conduct. They prefer to roll the dice, rather than lead through the force and might of the character.

A ‘cover-up’ runs long, hard and deep. It exacts a heavy toll on all involved, never relinquishing its maddening grasp on all participants. Relentlessly squeezing the very essence of life from one’s existence.

Denying an American their right to live is a serious crime. Federal and State Prisons host such violators. As the plot thickens, the web of culpability will increase. As the noose tightens around the necks of some, they will squeal.

Madam State Attorney, please head off the discernible harm that will be resultant by your inaction. Enduring the toxicity of recurrent themes and speculation originating from a below par investigation, will serve to satisfy no one, while disrupting all.

Initiating a proactive stance in light of the facts that have been presented, is the right thing to do. Catherine, please do not squander this opportunity to rise and shine for the sake of your community. Assuming a leadership role now, will birth a reconciliation and healing that will be forever remembered and appreciated.


John Donnelly

John Donnelly

John Donnelly, a resident of Key Largo was born, raised and went to high school in the South Bronx. Upon graduation he was awarded several scholarships to college.  He chose to enlist in the United Sates Marine Corps. While serving in Vietnam John was wounded in action. He received two meritorious promotions, one during combat. Upon discharge and return to America, John had a difficult time transitioning back into civilian life. He found himself homeless for the next 4 years. As he worked out some troublesome concerns, he began to yearn to make some sense of his experiences via education. He sought and received his GI Bill benefits. He applied and was admitted to New York University. He later transfered to the University of Miami where he graduated on the President’s Honor Roll. John secured a teaching position at a Maximum Security Prison Facility for criminally insane adolescents. While working there he earned a Master of Science degree from Florida International University. He graduated Summa Cum Laude.  More…