Shine Your Light—Make It Bright…

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The first line of defense against incursions upon our rights and liberties, are law-enforcement officers. Members from policing agencies either protect and serve the citizenry, adhering to a legal and professional standard of conduct, or from the onset, denigrate and deny an individual their Constitutional and God given rights.

Just because the violence or intrusive actions utilized by a police department upon a citizen are determined to be legal, it doesn’t mean that their conduct was appropriate, reasonable or correct.

On the front lines, during the heat of battle, the meaning and intent, along with obedience to the law, can become blurred and obscured for police officers seeking to rationalize and justify improper or illegal conduct. Continue reading

Officer Gary Lee Lovette: “Me, I Dropped Like a F***ing Bomb On His Head… We Killed Him”

Photo provided by Treavor Eimers

Photo provided by Treavor Eimers

The Grand Jury’s Final Report is in. No indictment will be handed out in response to the fatal Thanksgiving Day arrest of Charles Eimers.

The report – no matter how beneficial it is for the officers who could have faced criminal charges – throws more fuel than water on that fire.   Indeed a summary contained in the FDLE Investigative Report, made public yesterday afternoon, of an audio recording captured during and immediately after the arrest is simply stupefying.

Apparently Officer Gary Lee Lovette inadvertently left the recording mechanism on his Taser in the on position for several hours after putting the Taser back into its holster.  What follows is an excerpt from FDLE’s summary of the audio recordings: Continue reading

Grand Jury Clears All Officers in the Death of Charles Eimers / Vogel Brings In Expert Police Officer Defense Witness

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“This allows the prosecutor to say I didn’t take the decision.  The Grand Jury did it.  The people did it.  But of course, how vigorously the prosecutor presents the case is everything.  It’s just the prosecutor presenting a case to these Grand Jurors.  If the DA doesn’t want an indictment or has questions it could be a very different thing.”

-       Dan Abrams, “Nightline” anchor and Chief Legal Affairs anchor for ABC News, when speaking about the Grand Jury proceedings in the Michael Brown shooting in Ferguson, MO.

The Grand Jury’s Final Report was released this afternoon.  All Key West police officers involved in the death of Charles Eimers were cleared of any wrongdoing.

So, how “vigorously” did our State Attorney present the case for excessive force?

Continue reading

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. Continue reading

MEDICAL EXAMINER RULES DEATH OF CHARLES EIMERS ACCIDENTAL [In Case You Missed The Breaking News Release]]

“Mr. Eimers was at risk of a sudden death, at any time, due to either a chaotic cardiac rhythm or worsening of his congestive heart failure,” wrote the E. Hunt Scheuerman, M.D., the Monroe County Medical Examiner.

Charles Eimers, 61, a Michigan native, died after losing consciousness while being restrained face down in the sand by Key West police officers last Thanksgiving Day. Numerous eyewitnesses came forward accusing the police of excessive force, of holding Eimers head down in the sand, putting the weight of up to four officers on his back, and shocking him with a Taser stungun.

The Medical Examiner, however, in his final autopsy report, states that “the FDLE investigation concluded that his face Continue reading

MEDICAL EXAMINER RULES DEATH OF CHARLES EIMERS ACCIDENTAL

BREAKING NEWS CHARLES EIMERS

BREAKING NEWS CHARLES EIMERS

“Mr. Eimers was at risk of a sudden death, at any time, due to either a chaotic cardiac rhythm or worsening of his congestive heart failure,” wrote the E. Hunt Scheuerman, M.D., the Monroe County Medical Examiner.

Charles Eimers, 61, a Michigan native, died after losing consciousness while being restrained face down in the sand by Key West police officers last Thanksgiving Day. Numerous eyewitnesses came forward accusing the police of excessive force, of holding Eimers head down in the sand, putting the weight of up to four officers on his back, and shocking him with a Taser stungun.

The Medical Examiner, however, in his final autopsy report, states that “the FDLE investigation concluded that his face was not forced into the sand, but rather, as he struggled, his face moved back and forth across the sand. Audio recordings from the event revealed that Eimers repeatedly said “No.”  Such verbalization would not have been possible if he had been smothering in the sand.”  The Medical Examiner acknowledged, however, that his face appeared coated in sand in photographs taken at the hospital, but that “No sand was found in his airways.” Continue reading

A Response to The CBS Report On The In-Custody Death of Charles Eimers

Photo provided by Treavor Eimers

I watched the CBS report from beginning to end. It never made clear what was done to Mr. Eimers. The video which has always been very clear in The Blue Paper was too dark on the CBS report to see Mr. Eimers getting out of his car and getting on his knees with his hands up in surrender.

Photo provided by Treavor Eimers

Photo provided by Treavor Eimers

The report never showed that at that point, he should have been cuffed and placed into the police car, since he was not resisting arrest. The report never clearly showed all the police officers on top of him or told about the sand in his nose and mouth which asphyxiated him. The report was not clear that paramedics were told by police that they, the police, found the patient on the ground in cardiac arrest and gave him CPR, instead of being told the truth that multiple police officers were on top of him grinding him into the sand, causing the cardiac arrest from his being asphyxiated, because he first suffered respiratory arrest from having his two airways, his nose and his mouth blocked with sand from being pounded into the sand by the enormous weight from those multiple officers. If one can’t breathe, one goes into respiratory arrest and if this continues, one’s blood will stop circulating and then one goes into cardiac arrest. The CBS report never interviewed eye witnesses. They never mentioned the female officer yelling to the other officers that they were murdering Mr. Eimers. They never interviewed the medical examiner who performed the autopsy that almost didn’t happen because of the lies told to medical personnel. They only showed the interview with Mr. Eimers’ son and Chief Donie Lee, which would have been fine had they also interviewed eye witnesses and not darkened the video which clearly told the real truth.

When any officer of the law or multiple officers of the law throw a suspect, who has his hands up in surrender, to the ground and jump on him and start beating him and using the taser on him, that should no longer be considered police work; it should be considered assault and battery and assault with a deadly weapon. One does not have to be an attorney of law to know this, yet police officers are getting away with doing it all over the country, with few exceptions. Surrender is surrender and clearly, the video shows Charles Eimers on his knees with his hands up in surrender mode. What happened next should never have happened in the United States of America, and no one, officer of the law or layman, has to wait until the end of an “investigation” to know that.

Peggy Butler

West Palm Beach, FL

Young Father Tased By Key West Police Officer Remains Hospitalized Three Years Later

Matthew and Kaeden Murphy in 2011
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Photo provided by Meghan Murphy

The only image Kaeden can remember of his Dad is that of a comatose man connected to tubes and wires lying on a hospital bed.  In fact Kaeden was only a few months old when, three years ago, his father, Matthew Shaun Murphy was ‘tased’ by a Key West police officer on Duval Street and fell into a coma.

“That was the last time we talked; the last words we said to each other were said that night before he fell,” says Marie Annulysse, Murphys fiancé and Kaeden’s mother. Continue reading

The Eimers Investigation: Did They Lose The Book?

The Florida Department of Law Enforcement [FDLE] is apparently beginning to feel the heat about the agency’s handling of the Charles Eimers death investigation.  Last week the agency dropped its eternal “no comment” rhetoric and tried to convince the press that there is no conflict of interest between FDLE and KWPD in connection with the case.

The facts:

Both Keynoter and CBS reporters received statements from FDLE attempting to explain away the controversial appointment of FDLE’s Kathy Smith as the lead investigator in this case about possible use of excessive force and subsequent cover-up by Key West police officers.  The officers involved were under the supervision of Captain Scott Smith. Captain Smith is Kathy Smith’s ex-husband and the father of her child.  Continue reading

CBS Morning Show Probes Key West In-Custody Death

Issue 60 CBS photo
Issue 60 CBS photo

Treavor Eimers with CBS Correspondent Elaine Quijano and camera crew on South Beach [photo by Arnaud Girard]

The death of Charles Eimers while in the hands of Key West police officers is now getting national attention.   CBS investigators were in town this week researching the circumstances surrounding the death of Eimers, the apparent cover-up involving near cremation of the body before autopsy, destruction of evidence, lying to emergency medical personnel, and finally the shocking conflict of interest that is tainting FDLE’s investigation of the case:  FDLE’s top investigator in the Eimers case, Kathy Smith, is the ex-wife of KWPD Captain Scott Smith.

CBS flew in on Wednesday with Treavor Eimers, the victim’s son, and a full camera crew.  We sat with CBS Investigative Producer, the very charming, Megan Towey, for a two-hour lunch, and in the words of Mel Brooks, it must be ‘good to be the King!’  Apparently when these guys have an issue with obtaining records from FDLE they have the office of Pam Bondi, the Florida Attorney General, on speed dial and a lot of weight to throw around.  Not quite the same as being a Blue Paper reporter. Continue reading

THE EIMERS CASE: WITNESS INTIMIDATION?

There is now reason to believe that two plainclothes officers:  KWPD Detective Todd Stevens and another unknown officer, posing as FDLE investigators, deliberately intimidated eyewitnesses who were present during the violent arrest last November of 61-year-old Charles Eimers.

Anyone who has paid the slightest bit of attention to the story of the tragically fatal Thanksgiving Day arrest on South Beach has heard the Chief of Police deflect questions over and over by saying that FDLE is conducting an independent investigation into the death of Eimers and will decide whether or not there was any wrongdoing,

“We’re waiting and we want answers just as bad as everyone else does.  As in any situation like this, once FDLE completes their investigation, we will do an internal affairs investigation to look into what happened,” says the Chief.

Last week, some four and a half months later, this ‘independent investigation’ by FDLE was called into question.  We published that, on the day of the altercation with police, KWPD Captain Scott Smith had called FDLE’s Kathy Smith, his ex-wife, about the mandatory FDLE investigation of Charles Eimers’ anticipated “in-custody-death”. Continue reading

The Eimers Investigation: Shocking Link Between FDLE and KWPD

Charles Eimers Photo provided by Treavor Eimers

Charles Eimers Photo provided by Treavor Eimers

When Charles Eimers turned blue and lost consciousness while in the hands of Key West police officers on Thanksgiving morning, KWPD was informed immediately by Lower Keys Medical Center staff that Eimers would never leave the hospital.  Chief Lee decided to treat the case as a ‘death-in-custody situation’, which meant FDLE had to be called in to investigate.

Lee didn’t make the call himself, though; he asked one of his officers, Captain Scott Smith to do it.  Captain Smith did make the call and FDLE’s Chief investigator Kathy Smith took on the case. You might notice they have the same last name and think there’s some connection there, and well, you would be right.  On Thanksgiving morning after Charles Eimers virtually died on the beach, Captain Smith called his wife, his ex-wife, in fact, at FDLE.  Kathy Smith is now investigating the father of her child[ren].

What did he say?  How did KWPD report the circumstances of the arrest of Charles Eimers to FDLE?  This is something FDLE has obstinately refused to reveal, but we can make an educated guess.  They said:  ‘Charles Eimers got out of his car and proceeded to flee from the police while running on the beach away from law enforcement and Eimers collapsed.  Eimers was found without a pulse by police.  He was given CPR.  EMS was called.’ Continue reading