Officer Gary Lee Lovette: “Me, I Dropped Like a F***ing Bomb On His Head

 
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:

  • Officer Lovette told an unknown person that “we tackled him and got into a fight.”
  • Officer Lovette stated “Me, I dropped like a fucking bomb on his head.”
  • When an unknown male asked, who “killed” Eimers, Officer Lovette responded “Gabe”
  • When asked “how bad did y’all beat him up, though?”  Officer Lovette replies “Mainly just me.”
  • Regarding the next phase, Officer Lovette acknowledges that there will be an investigation.
  • Officer Lovette summarizes the event in several ways in different conversations:
  •       As a “police involved death”
  •       As an “in custody murder”
  •       In response to an unknown remark, Officer Lovette states “That would be     funny if we didn’t just kill someone.”
  •       In response to an unknow remark, Officer Lovette states “We just killed someone.”
  •       In response to an unknown phone call Officer Lovette states “…yeah, well we killed him…”
  •       In response to an unknown person Officer Lovette states “He’s not breathing anymore.”

The recording is in line with the protests reportedly made by a New York police officer while witnessing the arrest, ‘this is legalized murder on the beach!’

It is interesting also that contrary to the police reports, several of the civilian witnesses interviewed by FDLE refer to excessive use of a Taser.

“A punch in the stomach,” says Treavor Eimers, about the Grand Jury’s decision to issue a “No True Bill” in the case involving the death of his father at the hands of Key West Police officers on Thanksgiving Day.

“My father was pursuing his dream of spending a warm winter in Key West volunteering and enjoying his retirement. He died before his first day was over.”

The “No True Bill” by the Grand Jury means that the jurors found no probable cause for the criminal prosecution of any of the officers involved in Eimers’ arrest.

Does the Grand Jury Report put the matter to rest?  Hardly.

“First and foremost,” the Grand Jury concluded, “we commend those KWPD officers who did follow proper procedures during the incident…  We find that KWPD officers on scene exercised the proper amount of force to apprehend and restrain Mr. Eimers.”

The Grand Jurors explain that their decision is based on the testimony of the only expert witness brought in by the State Attorney.

His name is Chuck Joyner. He is a professional defense witness for officers accused of excessive force.  Joyner is famous for publicly defending a Houston police officer who shot and killed a wheelchair-bound double amputee. Joyner argued that because the one-armed, one-legged man was waving a ballpoint pen there was reasonable justification for the officer to shoot him square in the head.

It was Joyner’s job to convince the Monroe County Grand Jurors that they shouldn’t believe their lying eyes and ears.  No expert witness was called to demonstrate how impossible it is to breathe while your shoulders are pinned down in the sand, as Eimers were.  See our reenactment video here.

The Grand Jury seems to have been most impressed by the fact that the Medical Examiner found no sand in Eimers’ airways which seemed to invalidate witness accounts of asphyxiation.  However, the Medical Examiner’s own notes reveal that after a week in the hospital, it would have been unlikely to find any sand in Mr. Eimers’ airways.

Eimers ME case notes“1/2/14 [0925] Call in from SA Smith

Q1 – Any changes expected in lungs with asphyxiation.  He was face down in sand but doesn’t seem very long on video.

A1 –  With sand – in fresh case – might find some sand in upper airway but he was in hosp for a week so less likely. I did not see any sand.  Lung changes are non-specific.”   – Notes of Dr. E. Hunt Scheuerman, [then] Monroe County Medical Examiner

A statement made by Dan Abrams, the Chief Legal Affairs anchor for ABC News, about the Ferguson Grand Jury proceedings in the Michael Brown shooting sheds light on the Grand Jury process:

“You don’t have to take it to the Grand Jury.  But this allows the prosecutor with these sorts of warring narratives to say, ‘I didn’t make the decision.  They did.  The grand jurors did.  The people did.’  But of course how vigorously the prosecutor presents the case is everything.  There’s no defense attorney there.  It’s just the prosecutor presenting a case to these grand jurors. If the DA wants an indictment, he’ll get an indictment.  If the DA doesn’t want an indictment or has questions, that could be a very different thing.”  – ABCnews.com 8/19/14

The Grand Jury report continues:

“We are extremely concerned about unprofessional conduct and statements that were made after the incident regarding the events of that morning…  The internal affairs investigation should result in appropriate recommendations or sanctions for the officers involved regardless of their consequence or severity.”

“We also express serious concern about some aspects of the investigation conducted by the KWPD.  First, insufficient efforts were made to promptly locate and interview civilian witnesses …  Second, the KWPD clearly failed to timely communicate with LKMC about Mr. Eimers’ condition and whether or not the KWPD considered Mr. Eimers to be “in custody” while he was at the hospital.”

The Grand Jurors didn’t find indictable criminal actions, but they certainly sent the City and its police department on a soul searching mission:

“We further recommend that the KWPD offer additional mandatory training on the topics of stress management and sensitivity.”  Is poor stress management and lack of sensitivity not a euphemism for violent and inappropriatly explosive behavior?

“The sensitivity training,” the Grand Jury Report continues, “should have a public and social awareness component.”

A lack of adequate training in the proper use of force is at the core of the civil rights lawsuit filed by the Eimers family against the City of Key West.

The Grand Jury and FDLE reports with their stunning new revelations including admissions to “Murder” by Officer Lovette and findings of inadequate training may be a sign of more challenges to come for the City of Key West in the civil rights lawsuit initiated by the Eimers family.

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To access all Blue Paper articles on the death of Charles Eimers click here.

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  44 Responses to “Officer Gary Lee Lovette: “Me, I Dropped Like a F***ing Bomb On His Head”

  1. From the start their stories stunk to high heaven. I knew right away I was being lied to. For two weeks I looked online for a report. And nothing until the video came out and confirmed my gut feeling. The truth is evident yet nobody can see. I feel like I’m in a dream. You know where you try and run but it’s like your in quick sand or throw a punch and it’s slow motion. I’m trying to scream to tell what happened to my dad and nobody hears me. ” I dropped a fucking bomb on his head” ” We Killed Him” I knew my dad suffered. But to hear them relish and brag about it. I don’t have words to explain the hurt that caused.

    • I deeply regret your and your family’s loss, and that you were dowsed in what I and a number of people down here have known exists for a long time, although we are only few in number, compared to the entire Key West population. The folks responsible have karma I am glad is not mine. How that karma plays out may, in part, be in the federal civil rights lawsuit the Horan law firm filed for your family. However, I encourage you and your family to try to avoid seeking revenge, moneywise or otherwise. Simply let the process unfold and let the people now “working” the situation continue working it. Nothing we do will bring back your father. No amount of money recovered in damages will bring back your father. He is gone, and I imagine is in a far better place than any of us still among the living on this planet. The downside of seeking revenge is the trauma this horrible thing already has inflicted on you will be made worse. Please try to get on with your life, and same please for your family. Do what the Horans ask you to do. Maintain your communication with the Girards, and cooperate with them. But please let others not so close to the trauma as you and your family are, struggle with the crap that goes on down here, and, sadly, lots of other places. And, trust that all who are responsible will experience their karma when and as it visits them, and although they may or may not connect any dots back to the death of your father, they will experience their karma.

      • I don’t think Charles’ family is seeking revenge. I think they are seeking the TRUTH. And I for one encourage them to keep seeking the TRUTH and to not for one second consider that anyone else besides them are more concerned with getting at the truth than they are.

        I believe Charles would want them to keep asking questions of their attorneys to make sure they are indeed interested in the TRUTH. If Charles’ family has any intuitions that the TRUTH is not being served in this case at this point, I would humbly suggest finding new representation.

        We as a people need to decide once and for all that either ALL human life/spirit is valuable or it is not. It cannot be valuable for one human and not another.

        Unfortunately, it appears that the decision has been made by the majority that human life/spirit is NOT valuable. If this is indeed the case, then there should be no man-made laws prohibiting murder of any kind.

        • I repeat my suggestions to Charles Eimers’ children made earlier today. It’s clear to me what happened; your father was smothered after he was profiled as being homeless. Proving that in a court of law, if your lawyers even get a chance to do that, is another matter.

          You probably don’t wish to hear this, again; but your father’s time was near; he did come to Key West to do God’s work and to help people, as he told the officer who made the traffic stop. He just didn’t know how that was going to play out.

          Sister, you need to back off a few miles. This case is not about you. It is not about your view of how the world should operate, or should not operate. The world operates the way it operates, and there is nothing whatsoever that you can do about it.

          • He was smothered and tased. Total Unnessary Violence perpetrated on a man in a surrendered position.

            The only reason I made that comment under yours to Charles’ family member was because I thought it was pretty rotten of you to suggest that he is out for revenge and monetary gain. I also thought it was pretty rotten back when you insisted that he have a look at the reenactment video. I also thought it was pretty rotten when you suggested that the cover-up was initiated by the editing out of the woman’s voice on the original video. I’m sure there’s a lot more that I think was rotten of you to say but I’ll leave it at that.

            Sloan, people like you, who don’t care about the TRUTH, who are too busy being enamored with the four corners of their own mind, ARE what’s wrong with this world.

        • Regarding your death by taser statistics, sister …

          If the Horan law firm gets a chance to try the federal court lawsuit, which is not decided yet, the defendants are trying to get the case thrown out of court, and if the Horan law firm can prove Charles Eimers was tasered, which I am not convinced from what the blue paper has published they can prove, then the Horan law firm can introduce death by taser statistics through expert testimony, and the percentage of death by taser vs. no death by taser statistics, which I imagine will be a pretty low percentage, will come out, too, if not on direct examination of the expert witness(s), then on cross examination.

          Through cross examination and their own expert(s), the defense will put on testimony that death by tasering is rare, and is not expected by police who deploy tasers, instead of, say, pulling their sidearm and shooing instead of tasering.

          That’s what you want to leave the Eimers jury with, Sister? Or are you using this case to make war on tasers and get them banned altogether? Then cops will only have guns to shoot people with, is that what you want?

          Smothering to death is about as high a percentage statistic as you can get for cause of death, if the Horan law firm can convince a jury that’s what happened to Charles Eimers. That’s what the reenactment might be able to do, if the judge will let the Horan law firm introduce it into evidence, if the case doesn’t get thrown out by the judge at the defendants’ request.

          • If you look at the video Sloan, there is NO REASON for ANY officers to have put ANY weight at all on Charles or to use ANY firearm or device other than handcuffs. He had layed down and SURRENDERED!

            It’s very simple…The police used excessive violence on a man who had 100% surrendered. If the truth be known that they did in fact tase Charles, I think that the excessive violence would be clear for all to see and undeniable. Now, how an excessive violence determination plays out as far as criminal indictment, I have no idea.

            No wonder you were never able to make a living wage as you say Sloan. That black widow of yours must be leaving a lot of cobwebs.

  2. A cursory review of the ‘grand jury’ report has been initiated. An analysis of the evidence, when compared with the information contained within this document, exposes a glaringly incomplete and inaccurate report.

    The omissions and misstatements of fact contained within this declaration, are clear and convincing.

    Having faced off against an agency, which upon relenting from their desire to execute an innocent man, attempted to have him sentenced to 3 life prison terms, without the possibility of parole; I’m startled by the similarities between this report and the fraudulent evidence presented by the state, so they could kill a man they knew to be innocent.

    The reasoning, wording, sentence structure, paragraph arrangement and conjecture contained within both documents are analogous.

    Shameless and unabashed, the ‘Triumvirate’ presses on.

    It’s unimaginable that anyone would stand behind the rubbish presented in these preliminary reports.

    Doggedly obtuse, as with the prior engagement, there will be a price to be paid…..

  3. Sloan & Et al.,

    Recapitulating a prior comment, Charles Eimers’ cause of death, as determined by the medical examiner and grand jury, was the result of an ‘accident’.

    The KWPD was responsible and the cause of this accident. It was determined that the ‘police force’ used in executing an arrest upon Mr. Eimers, was legal and justified.

    How can a legal and justified use of force, result in an accident, which causes the in-custody death of an innocent man; NOT BE EXCESSIVE?

    Police brutality is the use of excessive force, usually physical, but potentially in the form of verbal attacks and psychological intimidation, by a police officer.

    As a submissive and surrendering elderly man laid on the ground, before a large number of police officers with their weapons drawn, there was not any provocation on the part of Mr. Eimers, for the excessive degree of force applied to him.

    All police officers are trained and capable of applying an appropriate amount of ‘restraining force’, when effecting an arrest.

    Reckless, careless and inhumane application of police force; regularly kills, disables and injures innocent citizens. Since 9/11 there has been a 66% increase in the recorded cases of ‘police brutality’.

    The ‘Eimers’ Video’ exhibits a defenseless and compliant man, totally at the mercy of police officers.

    During my life I’ve experienced many violent exchanges. Since my early childhood, I’ve always known the difference between excessive and appropriate uses of force. I find it hard to believe that the KWPD, FDLE, State Attorney’s Office and the ‘grand jury’, couldn’t make the same distinction.

    During the process of a Miami Firefighter attempting to covertly assault me, as an elderly gentleman I restrained myself from striking this assailant, while only exerting a marginal amount of force to effectively control this young man.

    Why couldn’t a cadre of professionally trained and well-armed police officers, safely secure this disabled senior citizen, without killing him?

    Much has been made about Mr. Eimers driving away from the police after a ‘traffic stop’.

    Suffering from diabetes, and after
    a long drive from Michigan to Key
    West, was it possible that Mr. Eimers was
    fatigued and disoriented when he
    was pulled over?

    After having cooperated
    with police, surrendering his
    driver’s license to them, could the
    instability of his blood sugar levels
    have triggered a diabetic-induced
    distraction (hypoglycemic episode),
    causing him to believe that he had
    satisfied his obligation with the
    police; thus prompting him to drive off?

    We will never know, because the evidence was destroyed through negligence or the willful actions of those entrusted to care for it.

    It appears that the State Attorney’s Office, along with certain Agents of FDLE, have violated and betrayed their oaths. The rule of law as delineated in the ‘Constitution of the United States’, appears to have been overlooked and disregarded.

    If in fact this is the case, their costly inattention ‘to the rule of law’, will become the banner of a city, bankrupted by the evil that runs through its veins.

    Because Mr. Eimers drove away from
    the police after a traffic stop, “Was
    the violent force administered to this
    61-year-old, as he laid face down on
    the ground with his hands extended
    above his head, commensurate with
    the threat that he posed?” Did this
    defenseless, helpless and submissive
    man deserve to die?

  4. To sister. I surrender. You and others should advise the Eimers family and their law firm how to proceed. I should have stayed out of this case altogether. I told you some time ago that I never wanted to get involved in it.

    To the Eimers family, I apologize to you for what Key West’s police did to your father. It was unconscionable. the Key West government’s response to what its police did to your father was unconscionable. The way I read the recent mayor’s election, 97 percent of Key West’s voters were/are okay with the way Key West’s police treated your father. I hope you get a different result in the federal civil litigation, than you got so far. I hope you get answers and closure.

  5. I included all of the above reader comments, and the blue paper article, and a bit more, in today’s “Key West Labor Day minority autopsy report: Charles Eimers death in “paradise” post at wwww.goodmorningkeywest.com.

  6. Arnaud and Naja Girard aren’t making money publishing the blue paper, and I don’t see me ever making a living wage saying, writing and publishing what the angels dump on me to engage and report.

  7. Sister, re:

    “Sloan, people like you, who don’t care about the TRUTH, who are too busy being enamored with the four corners of their own mind, ARE what’s wrong with this world.”

    “No wonder you were never able to make a living wage as you say Sloan. That black widow of yours must be leaving a lot of cobwebs.”

    My reply, which is long, graphic and involved, promoted by a number of dreams, including two dreams in which you told me to bring it on, is included in today’s “the karma effect in Key West, and related fun” post at http://www.goodmorningkeywest.com.

    John Donnelly, a small part of that post mentions you, It offers an entirely different way of viewing and dealing with what upsets us. The material is rough, but then, so is the subject.

  8. ” Joyner argued that because the one-armed, one-legged man was waving a ballpoint pen there was reasonable justification for the officer to shoot him square in the head.”

    I’d like to wave MY ball point pen and sign an indictment! This should have gotten a true bill from the Grand Jury.

  9. At http://www.goodmorningkeywest.com yesterday, Sister replied to yesterday’s “the karma effect in Key West, and related fun” post at that website, and invited further response from me, which I made a while after noon today in the “Key West’s psychiatrist emeritus advises fun, rest and fresh air, to get out of our convoluted messes, and I told him I would pass his prescription along to the angels, and the angels laughed and said to write today about canned health food for the masses, which they could use to get themselves out of their convoluted messes” post at that website. Among other things, I told today how I see the Horan firm might prevail in the Charles Eimers federal civil rights lawsuit, and how other approaches might get the same result FDLE and the Grand Jury produced.

  10. Sister and I had another go around at http://www.goodmorningkeywest.com yesterday and today, which is included in today’s “Key West, the truth is stranger than fiction” post at that website.

  11. I saw that there were some new comments on here but they’re all from Sloan. Thanks for keeping us informed of what’s on your website without having to visit it.

  12. The FDLE quote “Me, I dropped like a fucking bomb on his head.” is much like another remark about another murder committed at the other end of Duval.
    During Fantasy Fest, a few years ago, Marquis Butler, a popular KWHS senior, was murdered for no particular reason by an enthusiastic reveler on Green Street.
    Right before he stabbed young Mr. Butler dead, the alleged perpetrator turned to an associate in the crowd down past Sloppy Joe’s and, pointing to Butler in a nearby group. said: “Watch this guy. I’m going to drop him. But Hard!”

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