What does AFI-LLC do? Case studies to help you understand!
Subject Matter Expert Medicolegal Death Investigators available to review the records, reports, photographs and evidentiary documentation in order to provide an opinion, within the scope of our education, training and experience, as to the circumstances of the death and/or injury and causation.
In 1987 AFI-LLC was formed as Investigative Services of Colorado, and evolved as a general investigation agency providing service of process, individual address and employment locates, background checks and investigations, and assets & liabilities. These fundamental investigative services were in support of our full service civil and criminal investigations.
From 2002 through 2008 Dean and Karen, at different times, received education, training and experience in death investigation at a county medical examiner's office (Dean was involved with two). During that time they were responsible for initial case review for jurisdiction and response, scene investigation and evidence collection, body assessment and transport, forensic autopsy assistance, medical records review, evidence analysis, consultation with the forensic pathologist and final report. At all times as the primary investigators they were the main contact on their cases for the family, law enforcement, forensic pathologist and funeral home.
In addition, a variety of forensic training - from crime scene to photography and interview & interrogation to firearms and arrest control were received. Today we offer the same investigative services since 1987, and primarily legal investigation of personal injury, negligence and death in civil, criminal and probate cases. We also offer expert consultations in these areas specific to death and injury causation, as well as investigative protocol. AFI-LLC is proud to offer these niche services to investigators, attorneys, law enforcement and the victims and families of these traumatic and sometimes fatal events.
We are available for general civil, criminal and probate investigations, and to independently review and consult on these cases.
Below you will find examples from civil and criminal cases involving legal investigation, expert consultations and expert witness services.
In 1987 AFI-LLC was formed as Investigative Services of Colorado, and evolved as a general investigation agency providing service of process, individual address and employment locates, background checks and investigations, and assets & liabilities. These fundamental investigative services were in support of our full service civil and criminal investigations.
From 2002 through 2008 Dean and Karen, at different times, received education, training and experience in death investigation at a county medical examiner's office (Dean was involved with two). During that time they were responsible for initial case review for jurisdiction and response, scene investigation and evidence collection, body assessment and transport, forensic autopsy assistance, medical records review, evidence analysis, consultation with the forensic pathologist and final report. At all times as the primary investigators they were the main contact on their cases for the family, law enforcement, forensic pathologist and funeral home.
In addition, a variety of forensic training - from crime scene to photography and interview & interrogation to firearms and arrest control were received. Today we offer the same investigative services since 1987, and primarily legal investigation of personal injury, negligence and death in civil, criminal and probate cases. We also offer expert consultations in these areas specific to death and injury causation, as well as investigative protocol. AFI-LLC is proud to offer these niche services to investigators, attorneys, law enforcement and the victims and families of these traumatic and sometimes fatal events.
We are available for general civil, criminal and probate investigations, and to independently review and consult on these cases.
Below you will find examples from civil and criminal cases involving legal investigation, expert consultations and expert witness services.
Wrongful Death - Time of Death (Expert Consultation)
Our agency was retained by counsel on behalf of the family to review the official reports and medical records of a single-vehicle motor vehicle crash involving two persons.
Both persons were intoxicated and had been served alcohol underage and while visibly intoxicated. One occupant was ejected from the vehicle and pronounced at the scene, and a second occupant was found by first responders, sitting against the vehicle. This occupant was conscious, but incoherent and transported to a nearby hospital. This occupant's recollection was uncertain, however certain that their own position in the vehicle was as a passenger. This was consistent with information that the other occupant of the vehicle was the owner. There were no witnesses at the scene and none that had observed either person getting in the vehicle. The decedent's time of death was reported as the 911 call, by the surviving occupant. This is not an unusual practice, however, is not wholly accurate and is only a reference tool.
Information at the scene included a twelve-pack of beer, mostly consumed, and some associated empty cans. Additional information included that the surviving occupant's mother received a cell phone call about one hour prior to the 911 call; both by the surviving occupant, which there was no recollection of and the mother indicated it was her belief that the crash had not occurred. An autopsy was not conducted on the decedent. Available reports and photographs indicated that the decedent was in full rigor mortis at the time of emergency services response. This information placed the time of the collision much closer to the last time these individuals were seen - on a video in a bar, very unstable on their feet and being served.
Our consultation assisted the accident reconstructionist and was instrumental in determining that the surviving occupant made both phone calls after the crash. Consultation with experts in traumatic brain injuries provided that a person can complete tasks with no recollection of doing so.*
Case settled with all parties before trial.
* A survivor of the Oklahoma City bombing (a building across the street severely damaged), with a traumatic brain injury, transported herself to the airport and boarded her scheduled flight to the east coast and reported for work as scheduled. It was at work that co-workers noted her behavior and that she was in Oklahoma City at the time of the bombing. She had no recollection of the event or her travel to the airport and home.
Both persons were intoxicated and had been served alcohol underage and while visibly intoxicated. One occupant was ejected from the vehicle and pronounced at the scene, and a second occupant was found by first responders, sitting against the vehicle. This occupant was conscious, but incoherent and transported to a nearby hospital. This occupant's recollection was uncertain, however certain that their own position in the vehicle was as a passenger. This was consistent with information that the other occupant of the vehicle was the owner. There were no witnesses at the scene and none that had observed either person getting in the vehicle. The decedent's time of death was reported as the 911 call, by the surviving occupant. This is not an unusual practice, however, is not wholly accurate and is only a reference tool.
Information at the scene included a twelve-pack of beer, mostly consumed, and some associated empty cans. Additional information included that the surviving occupant's mother received a cell phone call about one hour prior to the 911 call; both by the surviving occupant, which there was no recollection of and the mother indicated it was her belief that the crash had not occurred. An autopsy was not conducted on the decedent. Available reports and photographs indicated that the decedent was in full rigor mortis at the time of emergency services response. This information placed the time of the collision much closer to the last time these individuals were seen - on a video in a bar, very unstable on their feet and being served.
Our consultation assisted the accident reconstructionist and was instrumental in determining that the surviving occupant made both phone calls after the crash. Consultation with experts in traumatic brain injuries provided that a person can complete tasks with no recollection of doing so.*
Case settled with all parties before trial.
* A survivor of the Oklahoma City bombing (a building across the street severely damaged), with a traumatic brain injury, transported herself to the airport and boarded her scheduled flight to the east coast and reported for work as scheduled. It was at work that co-workers noted her behavior and that she was in Oklahoma City at the time of the bombing. She had no recollection of the event or her travel to the airport and home.
Sexual Assault - Criminal Defense (Legal Investigation)
Our agency was retained by counsel on behalf of the defendant. In reviewing the available prosecution discovery, it was immediately determined that the official investigation was deficient and not properly conducted; it was incomplete and replete with errors. This included that only the alleged victim and defendant were initially interviewed by responding and arresting officers. The day of the incident (having occurred in the early morning hours), a plain clothes detective attempted to interview the defendant's two sons, who were witnesses. At a later date, two neighbors - one an active duty police officer in another jurisdiction, contacted the investigating detective and provided statements; these were not followed-up. No other investigation, including a neighborhood canvas or background of the alleged victim, were conducted.
The defendant was being held, with a bond so high that it was equivalent to without bond, for several months. Independent investigation revealed that there were significant inconsistencies in the alleged victim’s description of events and not being as described after visiting the scene and determining the actual layout.
Investigation included a complete neighborhood canvas of the defendant's neighbors and neighbors of the alleged victim, as well as additional neighbors that were suggested to be contacted. In addition, a background of the alleged victim was conducted. The additional neighbor interviews confirmed reports found in the alleged victim's background - including reports of domestic violence, reports of her own sexually provocative behavior and advances, and activities of the night and morning in question that were not consistent with her reports at the time of the incident or following. Based on this new information, presented by the defense attorney to the prosecuting attorney, the assigned detective conducted additional interviews of the alleged victim and neighbors.
As a result of this information, a new bond hearing was requested and held. The bond was reduced to an amount that allowed the defendant to post bail and return to work. Within a short period of time following reporting the findings from these interviews, the prosecuting attorney offered to dismiss all charges for a plea to misdemeanor harassment with time served and probation.
The defendant accepted the offer of a non-sex assault misdemeanor.
The defendant was being held, with a bond so high that it was equivalent to without bond, for several months. Independent investigation revealed that there were significant inconsistencies in the alleged victim’s description of events and not being as described after visiting the scene and determining the actual layout.
Investigation included a complete neighborhood canvas of the defendant's neighbors and neighbors of the alleged victim, as well as additional neighbors that were suggested to be contacted. In addition, a background of the alleged victim was conducted. The additional neighbor interviews confirmed reports found in the alleged victim's background - including reports of domestic violence, reports of her own sexually provocative behavior and advances, and activities of the night and morning in question that were not consistent with her reports at the time of the incident or following. Based on this new information, presented by the defense attorney to the prosecuting attorney, the assigned detective conducted additional interviews of the alleged victim and neighbors.
As a result of this information, a new bond hearing was requested and held. The bond was reduced to an amount that allowed the defendant to post bail and return to work. Within a short period of time following reporting the findings from these interviews, the prosecuting attorney offered to dismiss all charges for a plea to misdemeanor harassment with time served and probation.
The defendant accepted the offer of a non-sex assault misdemeanor.
Suspicious Death - Independent Investigation (Expert Consultation)
Our agency was retained by the family to review the official investigation and provide a determination of the Manner of Death; the Cause of Death - Gunshot Wound to the head was not disputed. Assignments included to review the official records, reports and photographs and provide an opinion as to the fatal injury causation. At question was the if the decedent committed suicide as reported. Provided for review were over one hundred photographs, and several dozen pages of reports, records, and statements. The decedent was found supine in his bed, with both hands clenched and in a semi-pugilisitic position. A semi-automatic handgun was next to his left side, in the blanket. A contact gunshot wound was determined near the left temple, and exit at the right ear lobe. His identification had been removed from his wallet and placed on the kitchen counter, next to a note initially thought to be a suicide note but determined to be from his girlfriend. His wallet was on the television in his bedroom.
Toxicology, as noted in the autopsy report, included fatal levels of methadone and another prescription drug. The trajectory was confirmed as consistent with a likely position at the time of the gunshot. Blood spatter was consistent with both being a self-inflicted or inflicted by another person. The decedent was right handed. Also noted in review, but not the autopsy or investigative reports, was frothy blood - absent blood, this is often seen in opiate overdoses.
Investigation and additional consultation with a forensic toxicology laboratory confirmed that the levels of the drugs would have incapacitated the decedent, leaving him unable to manipulate a handgun and self-inflict the gunshot wound. It was determined that the gunshot was peri-mortem; however the Cause of Death could not have been due to the gunshot wound.
It was our opinion that there was foundation that merits the reopening of this equivocal death.
Presently and pending further official investigation, the Cause of Death is best reclassified as ‘overdose due to multi-drug toxicity’; and the Manner of Death as ‘Undetermined’ (suicide vs. homicide); and other conditions not resulting in death should include ‘Peri-mortem single gunshot wound to the head of unknown origin’.
Toxicology, as noted in the autopsy report, included fatal levels of methadone and another prescription drug. The trajectory was confirmed as consistent with a likely position at the time of the gunshot. Blood spatter was consistent with both being a self-inflicted or inflicted by another person. The decedent was right handed. Also noted in review, but not the autopsy or investigative reports, was frothy blood - absent blood, this is often seen in opiate overdoses.
Investigation and additional consultation with a forensic toxicology laboratory confirmed that the levels of the drugs would have incapacitated the decedent, leaving him unable to manipulate a handgun and self-inflict the gunshot wound. It was determined that the gunshot was peri-mortem; however the Cause of Death could not have been due to the gunshot wound.
It was our opinion that there was foundation that merits the reopening of this equivocal death.
Presently and pending further official investigation, the Cause of Death is best reclassified as ‘overdose due to multi-drug toxicity’; and the Manner of Death as ‘Undetermined’ (suicide vs. homicide); and other conditions not resulting in death should include ‘Peri-mortem single gunshot wound to the head of unknown origin’.
Criminal Defense - Homicide and Injury Causation (Expert Consultation)
Our agency was retained by counsel on behalf of the defendant in this capital murder case. Assignments included to review the official records, reports and photographs and provide an opinion as to the fatal injury causation. At question was the type of weapon used and if the injuries are as described by reporting witnesses and if the death occurred as reported; specifically, actions of the assailant. Provided for review were over one hundred photographs, and several dozen pages of reports, records, and statements.
The decedent was in a night club and fatally stabbed multiple times. By report, two persons were witnessed to have been the assailants, one identified as the defendant. It was reported by witnesses that the co-assailant first pulled the decedent’s shirt over his head, and at that time the defendant stabbed him multiple times. The defendant was charged with pre-meditated first degree murder.
A physical altercation is dynamic and involves a series of movements of the body that may or may not correspond to the movement of the clothing, i.e. if the clothing is loose fitting or snug. As an example, pants and tucked in and/or buttoned shirts will more closely conform to the movements to the body; whereas unbuttoned or loose shirts will not. It was determined that the decedent’s shirt was not pulled over in the manner described and remained the same general proximity during the altercation, with slight movement right of midline to the decedent’s right (towards midline) and down; approximately 1” both directions.
The defendant was found guilty at jury trial of second degree murder.
The decedent was in a night club and fatally stabbed multiple times. By report, two persons were witnessed to have been the assailants, one identified as the defendant. It was reported by witnesses that the co-assailant first pulled the decedent’s shirt over his head, and at that time the defendant stabbed him multiple times. The defendant was charged with pre-meditated first degree murder.
A physical altercation is dynamic and involves a series of movements of the body that may or may not correspond to the movement of the clothing, i.e. if the clothing is loose fitting or snug. As an example, pants and tucked in and/or buttoned shirts will more closely conform to the movements to the body; whereas unbuttoned or loose shirts will not. It was determined that the decedent’s shirt was not pulled over in the manner described and remained the same general proximity during the altercation, with slight movement right of midline to the decedent’s right (towards midline) and down; approximately 1” both directions.
The defendant was found guilty at jury trial of second degree murder.
Criminal Defense - Homicide and Injury Causation (Expert Consultation)
Our agency was retained by counsel on behalf of the defendant in this capital murder case. Assignments included to review the official records, reports and photographs and provide an opinion as to the circumstances of death. At question was if the injuries are as described by reporting witnesses and if the death occurred only as reported. Specifically, the number of weapons (reported to be one) and assailants, as well as assault activity. Provided for review were several hundred photographs, several thousand pages of reports, records, transcripts and statements, and several hours of interview audio.
The decedent was consensually picked up by a group from an outlaw motorcycle gang and went to the clubhouse to party. By report the decedent consumed alcohol and was disrespectful to members, resulting in physical assault and then transported to a remote location and left. It was variously reported that she unconscious and/or unresponsive when transported. She was found by passers-by in a decomposed state, clad in clothing last known to be seen in.
Independent investigation determined that both the official law enforcement investigation and death investigation were deficient in following standard protocols, from evidence collection to scene documentation. Witnesses provided different statements over the course of the investigation and multiple interviews. These statements were mixed and matched by law enforcement and prosecution to present one statement that purported to satisfy the theories of the crime and elements of the charges. However, multiple deficiencies were identified and presented.
In analyzing the decedent’s injuries and defects in the clothing, it was determined that multiple weapons were used, to include a stiletto style dual sharp-edged, single sharp-edged with a distinct blunt/flat opposite edge blade, and ingle sharp-edged with a smaller or narrow opposite edge blade. The primary witness for the prosecution provided information that one weapon was used among multiple assailants, including himself. There were distinct locations of use of specific weapons. He further described specific injuries that were inconsistent with the analysis. Investigation also determined that the decedent was likely alive, possibly unconscious, at the time of transport and deceased when left at the remote location.
The defendant accepted a plea offer of second degree murder before trial.
The decedent was consensually picked up by a group from an outlaw motorcycle gang and went to the clubhouse to party. By report the decedent consumed alcohol and was disrespectful to members, resulting in physical assault and then transported to a remote location and left. It was variously reported that she unconscious and/or unresponsive when transported. She was found by passers-by in a decomposed state, clad in clothing last known to be seen in.
Independent investigation determined that both the official law enforcement investigation and death investigation were deficient in following standard protocols, from evidence collection to scene documentation. Witnesses provided different statements over the course of the investigation and multiple interviews. These statements were mixed and matched by law enforcement and prosecution to present one statement that purported to satisfy the theories of the crime and elements of the charges. However, multiple deficiencies were identified and presented.
In analyzing the decedent’s injuries and defects in the clothing, it was determined that multiple weapons were used, to include a stiletto style dual sharp-edged, single sharp-edged with a distinct blunt/flat opposite edge blade, and ingle sharp-edged with a smaller or narrow opposite edge blade. The primary witness for the prosecution provided information that one weapon was used among multiple assailants, including himself. There were distinct locations of use of specific weapons. He further described specific injuries that were inconsistent with the analysis. Investigation also determined that the decedent was likely alive, possibly unconscious, at the time of transport and deceased when left at the remote location.
The defendant accepted a plea offer of second degree murder before trial.
Wrongful Death - Nursing Home Elder Death (Legal and Expert)
Our agency was retained by counsel on behalf of the family to review the medical records and investigate a death reported as suspicious by the funeral home to the family. The funeral home notified the county coroner’s office.
Investigation revealed that the coroner’s office was given false information by the decedent’s nurse. Upon notification by the funeral home, an autopsy and thorough investigation were completed.
The records reflected that the underlying incident was the result of another unsupervised patient forcibly shoving the decedent backwards, causing her to fall and hit her head after landing supine. Her complaints of severe pain continued in the days following, including comfort care pain protocol - Vicodin was ordered, as was an increase in dosage and frequency of morphine. There was some noted concern of oxygen saturation levels below 'Adequate' and nearing 'Inadequate'.
This death, in reviewing only the records, was clearly exacerbated by the incident and the consequential required comfort care protocol. There were also found issues of improper incident documentation, corrective follow-up, family and health board notifications, resident monitoring and enhanced staff training for handling these situations and residents.
Specific to the circumstances of death, the increased narcotic analgesics due to the incident and severe pain lead to the inability of the decedent to maintain adequate oxygen saturation levels. This exacerbated the inability to metabolize the administered morphine, resulting in the elevated morphine levels found in postmortem toxicology. Investigation also determined that there was in adequate supervision, including staff-to-resident ratio, in the activity room at the time of the incident. There was no previous reported history of intra-resident physical altercations or deaths with unusual or suspicious circumstances. However, there were similar past occurrence reports that included issues of oxygen therapy, bowel movement checks and care, intra-resident abuse, etc.
Independent investigation concurred with the official ruling of Accident due to morphine toxicity as a result of a fall.
Case was reported to have settled before trial.
Investigation revealed that the coroner’s office was given false information by the decedent’s nurse. Upon notification by the funeral home, an autopsy and thorough investigation were completed.
The records reflected that the underlying incident was the result of another unsupervised patient forcibly shoving the decedent backwards, causing her to fall and hit her head after landing supine. Her complaints of severe pain continued in the days following, including comfort care pain protocol - Vicodin was ordered, as was an increase in dosage and frequency of morphine. There was some noted concern of oxygen saturation levels below 'Adequate' and nearing 'Inadequate'.
This death, in reviewing only the records, was clearly exacerbated by the incident and the consequential required comfort care protocol. There were also found issues of improper incident documentation, corrective follow-up, family and health board notifications, resident monitoring and enhanced staff training for handling these situations and residents.
Specific to the circumstances of death, the increased narcotic analgesics due to the incident and severe pain lead to the inability of the decedent to maintain adequate oxygen saturation levels. This exacerbated the inability to metabolize the administered morphine, resulting in the elevated morphine levels found in postmortem toxicology. Investigation also determined that there was in adequate supervision, including staff-to-resident ratio, in the activity room at the time of the incident. There was no previous reported history of intra-resident physical altercations or deaths with unusual or suspicious circumstances. However, there were similar past occurrence reports that included issues of oxygen therapy, bowel movement checks and care, intra-resident abuse, etc.
Independent investigation concurred with the official ruling of Accident due to morphine toxicity as a result of a fall.
Case was reported to have settled before trial.
Personal Injury - Officer Injury Incident to Response (Legal Investigation)
Our agency was retained by counsel on behalf of the plaintiff, an injured law enforcement officer, who responded to a large bar disturbance. The altercation was at a private wedding reception involving wedding guests. One guest was intoxicated and uncooperative, resulting in being forcibly arrested and causing injury to the Plaintiff.
Investigation included interviewing multiple persons known to have been at the bar, including employees. It was determined that bartenders did willfully and knowingly serve alcohol to visibly intoxicated persons and underage persons. Specifically, the uncooperative person causing injury to the Plaintiff was determined to have been served while visibly intoxicated by multiple bartenders. It was also determined that there was inadequate supervision by the bar, knowing in advance the estimated attendees from the wedding party. Further investigation revealed that there was no consumption of alcohol in advance, nor had any persons interviewed used any prescription or illicit drugs at that time.
Plaintiff was awarded damages at trial.
Investigation included interviewing multiple persons known to have been at the bar, including employees. It was determined that bartenders did willfully and knowingly serve alcohol to visibly intoxicated persons and underage persons. Specifically, the uncooperative person causing injury to the Plaintiff was determined to have been served while visibly intoxicated by multiple bartenders. It was also determined that there was inadequate supervision by the bar, knowing in advance the estimated attendees from the wedding party. Further investigation revealed that there was no consumption of alcohol in advance, nor had any persons interviewed used any prescription or illicit drugs at that time.
Plaintiff was awarded damages at trial.
Criminal Defense - Child Sex Assault (Legal Investigation)
Our agency was retained by counsel on behalf of the defendant. In reviewing the available prosecution discovery, it was immediately determined that the official investigation was deficient and poorly conducted; it was incomplete.
The initial investigating officer followed procedure in taking the report and conducting initial interviews. He also contacted the on-call detective, who did not respond. A detective was assigned to the case after several days. Several key investigative opportunities were missed. These opportunities were neglected with charges brought forth by inconsistent statements of the victims and witnesses. Moreover, when the assigned detective did take a role, efforts were spent only on validating the initial officer’s findings, and not any independent investigation. It was only after the prosecutor’s office returned the case, requesting additional investigation, was this done. This renewed investigation was limited to second interviews with the reporting alleged victims, two persons not present at the reporting incident, and the uncharged suspect, who had retained an attorney. The detective did interview a person present at the reporting incident, and upon re-interview by our agency it was determined that his interview was inaccurately reported. Approximately one month after the reporting incident, a third child of the family was officially interviewed and determined to not be a witness or victim to any incident. Without contacting any other persons at the reporting incident, this case was again sent to the prosecutor’s office for filing of charges. Again, the case was returned for additional investigation. The detective conducted additional interviews and re-submitted the case, resulting in multiple charges of sexual assault on a child, approximately five months after the reporting incident.
Independent review of the prosecution’s discovery revealed multiple investigative errors and misinformation, including multiple differing accounts of the same alleged incidents. Independent investigation, including scene investigations not conducted by law enforcement, also revealed multiple areas of inaccurate and false information. Independent interviews of multiple witnesses not previously interviewed and additional witnesses supported information determined during the course of the independent investigation. A summary report was provided to the prosecutor approximately eight months after the reported incident and six months after charges were filed.
More than 18 months after the reported incident the prosecutor’s office dismissed all charges after re-interviewing the alleged victims.
The initial investigating officer followed procedure in taking the report and conducting initial interviews. He also contacted the on-call detective, who did not respond. A detective was assigned to the case after several days. Several key investigative opportunities were missed. These opportunities were neglected with charges brought forth by inconsistent statements of the victims and witnesses. Moreover, when the assigned detective did take a role, efforts were spent only on validating the initial officer’s findings, and not any independent investigation. It was only after the prosecutor’s office returned the case, requesting additional investigation, was this done. This renewed investigation was limited to second interviews with the reporting alleged victims, two persons not present at the reporting incident, and the uncharged suspect, who had retained an attorney. The detective did interview a person present at the reporting incident, and upon re-interview by our agency it was determined that his interview was inaccurately reported. Approximately one month after the reporting incident, a third child of the family was officially interviewed and determined to not be a witness or victim to any incident. Without contacting any other persons at the reporting incident, this case was again sent to the prosecutor’s office for filing of charges. Again, the case was returned for additional investigation. The detective conducted additional interviews and re-submitted the case, resulting in multiple charges of sexual assault on a child, approximately five months after the reporting incident.
Independent review of the prosecution’s discovery revealed multiple investigative errors and misinformation, including multiple differing accounts of the same alleged incidents. Independent investigation, including scene investigations not conducted by law enforcement, also revealed multiple areas of inaccurate and false information. Independent interviews of multiple witnesses not previously interviewed and additional witnesses supported information determined during the course of the independent investigation. A summary report was provided to the prosecutor approximately eight months after the reported incident and six months after charges were filed.
More than 18 months after the reported incident the prosecutor’s office dismissed all charges after re-interviewing the alleged victims.
Suspicious Death - Independent Investigation (Expert Consultation)
Our agency was retained by private counsel on behalf of the decedent’s family. The decedent was found by his wife, deceased on his bed. There were indications of a possible struggle. The official ruling was Accident due to blunt force injuries consequential to a fall while intoxicated.
Received and reviewed were the official reports, records and scene photographs, as well as statements from family members. There were no autopsy photographs available.
The decedent was found by an off-duty law enforcement officer. The decedent’s wife had been unable to reach him all day and called a friend, a local law enforcement officer, to check for her before she entered the home. This entry was reported to the dispatch office. There was no domestic history, medical history or contributing social history – such as depression or suicidal ideations – of any involved persons.
Review of the reports and photographs revealed that the body had not been moved prior to being found and had been deceased for several hours, including prior to his wife leaving for work. The previous night the decedent had been up drinking and would often sleep downstairs in a separate bed when similarly intoxicated. His wife had no reason to think differently this night. There were no wounds, offensive or defensive, on the decedent or wife. There was a small contusion on the decedent’s back, near his right shoulder. One area disturbance in the house was on the wall to the stairs leading down to the basement bedroom. This was a circular defect in the wall from an object impacting. It was opined after review that this may have been the decedent’s shoulder. Another area was a table on the stair landing, between the upper and lower floors. Items on top were disturbed. The pattern injury to the decedent’s back was consistent with the edge of the table. Toxicology was positive for alcohol, .202; no other substances. This level of intoxication is contributory to a high-level of disorientation.
Independent investigation concurred with the official investigation.
Received and reviewed were the official reports, records and scene photographs, as well as statements from family members. There were no autopsy photographs available.
The decedent was found by an off-duty law enforcement officer. The decedent’s wife had been unable to reach him all day and called a friend, a local law enforcement officer, to check for her before she entered the home. This entry was reported to the dispatch office. There was no domestic history, medical history or contributing social history – such as depression or suicidal ideations – of any involved persons.
Review of the reports and photographs revealed that the body had not been moved prior to being found and had been deceased for several hours, including prior to his wife leaving for work. The previous night the decedent had been up drinking and would often sleep downstairs in a separate bed when similarly intoxicated. His wife had no reason to think differently this night. There were no wounds, offensive or defensive, on the decedent or wife. There was a small contusion on the decedent’s back, near his right shoulder. One area disturbance in the house was on the wall to the stairs leading down to the basement bedroom. This was a circular defect in the wall from an object impacting. It was opined after review that this may have been the decedent’s shoulder. Another area was a table on the stair landing, between the upper and lower floors. Items on top were disturbed. The pattern injury to the decedent’s back was consistent with the edge of the table. Toxicology was positive for alcohol, .202; no other substances. This level of intoxication is contributory to a high-level of disorientation.
Independent investigation concurred with the official investigation.
Domestic Relation - Private Investigator Ethics (Expert Witness)
Our agency was retained by private counsel on behalf of the petitioner in a dissolution of marriage action. At question were the methodologies used by the private investigators retained by the respondent. Multiple private investigators were retained to contact the petitioner under pretext to obtain incriminating information to be used in a child custody hearing.
Received and reviewed were records, statements and audio recordings provided to counsel during the course of the disclosure stage of the proceedings. Multiple private investigators had contacted the petitioner under pretext and had extended conversations. During the conversations leading questions were asked and responses provided that were offered as incriminating. At question were deceit, entrapment and invasion of privacy.
Independent review determined that these statements, taken as a whole and in context with the full conversations, were innocuous and simple banter. It was determined that there were no violations of state law, particularly involving the recording of a private conversation between two or more people. The state law permitted such recordings if at least one party had knowledge (a one-party state). The state does not license or regulate private investigators; however, the municipality did require registration. Therefore, there could be no violation of licensing regulations. However, when the private investigator is retained by counsel, they are bound by the same ethical standards. Both state and American Bar Association ethics rules specifically barred such actions as perpetrated by the private investigators. It should be noted that these private investigators were retained directly by the respondent, and not by his counsel. Therefore, there was no actual violation. In the same ethical rules it is advised that counsel not use evidence obtained in this manner, but it is permitted. Finally, professional investigators are advised to follow a code of ethics widely distributed, recognized and adapted by various professional associations. One flaw of pretexting is the use of leading questions, or entrapment. Entrapment is an action only of law enforcement. However, it is generally unethical to give a leading or misleading statement as it may produce a response that would not otherwise be the normal words of the subject. Invasion of privacy occurred when the private investigators encroached upon private property using deceit and trickery to gain access.
All applicable ethical codes forbid a private investigator from contacting a represented party without permission of the party’s counsel and must also provide full disclosure. It was determined that these private investigators did violate these ethical standards, but did not belong to any professional associations.
The ideal, and ethically acceptable, environment and methodology would have been to engage or overhear the petitioner in a natural conversation in a public place. In doing so, there would have been no expectation of privacy and any utterances may have been considered spoken freely.
The presiding judge did rule that the private investigators violated accepted practices in obtaining information by using false identities and information – pretext. The information from the recordings was not permitted at future hearings.
The outcome of this case was favorable to the plaintiff.
Received and reviewed were records, statements and audio recordings provided to counsel during the course of the disclosure stage of the proceedings. Multiple private investigators had contacted the petitioner under pretext and had extended conversations. During the conversations leading questions were asked and responses provided that were offered as incriminating. At question were deceit, entrapment and invasion of privacy.
Independent review determined that these statements, taken as a whole and in context with the full conversations, were innocuous and simple banter. It was determined that there were no violations of state law, particularly involving the recording of a private conversation between two or more people. The state law permitted such recordings if at least one party had knowledge (a one-party state). The state does not license or regulate private investigators; however, the municipality did require registration. Therefore, there could be no violation of licensing regulations. However, when the private investigator is retained by counsel, they are bound by the same ethical standards. Both state and American Bar Association ethics rules specifically barred such actions as perpetrated by the private investigators. It should be noted that these private investigators were retained directly by the respondent, and not by his counsel. Therefore, there was no actual violation. In the same ethical rules it is advised that counsel not use evidence obtained in this manner, but it is permitted. Finally, professional investigators are advised to follow a code of ethics widely distributed, recognized and adapted by various professional associations. One flaw of pretexting is the use of leading questions, or entrapment. Entrapment is an action only of law enforcement. However, it is generally unethical to give a leading or misleading statement as it may produce a response that would not otherwise be the normal words of the subject. Invasion of privacy occurred when the private investigators encroached upon private property using deceit and trickery to gain access.
All applicable ethical codes forbid a private investigator from contacting a represented party without permission of the party’s counsel and must also provide full disclosure. It was determined that these private investigators did violate these ethical standards, but did not belong to any professional associations.
The ideal, and ethically acceptable, environment and methodology would have been to engage or overhear the petitioner in a natural conversation in a public place. In doing so, there would have been no expectation of privacy and any utterances may have been considered spoken freely.
The presiding judge did rule that the private investigators violated accepted practices in obtaining information by using false identities and information – pretext. The information from the recordings was not permitted at future hearings.
The outcome of this case was favorable to the plaintiff.
Suspicious Death - Independent Investigation (Expert Consultation)
Our agency was retained by private counsel on behalf of the decedent’s family. The decedent was found by construction workers, approximately 20 feet from the base of a six-story parking garage. The official ruling was Suicide due to blunt force injuries consequential to a fall from height.
The family provided information questioning the official investigation and suspected homicide. What the family did not disclose, but a witness contacted by this agency revealed, was that the family had accepted a multi-million dollar settlement related to the decedent committing suicide as a result of neglect and treatment of the decedent that they alleged resulted in his suicide. To this agency they presented that the decedent’s treatment was a result of revealing historical molestation of children by other persons, who then conspired to have his death appear as a suicide. Investigation revealed that the investigation of the medical examiner’s office was sufficient and without any notable errors or deficiencies. However, the official law enforcement investigation was deficient in several areas of investigative protocol, including manner of reporting, photography and scene investigation. The investigation was primarily handled by responding patrol deputies, with post-scene investigation follow-up by multiple assigned detectives, most notably after concerns of the family presented. There were several major deficiencies in the scene photography – which can be imperative to the investigation, as well as civil and criminal judicial processes. Reporting by several documented responding personnel were never completed. Any personnel responding to or involved in an incident should be making a report that is supplemental to the initial responders report. All witnesses should be contacted, and a detailed report to supplement any written statements, made included.
Independent investigation found that the area was easily accessible by the Decedent, any minor physical impairments (slight limp) would not have impeded the short distance walk. All levels of the parking garage had an approximate four-foot retaining wall along the perimeter. A notepad, with the decedent’s handwriting, was found on the hood of a vehicle and both handprints and footprints were reported – but not photographed – found on the same vehicle.
Independent investigation also found that the decedent had a previous incident of a confirmed attempted suicide (multiple witnesses), also from a height. This resulted in hospitalization, including mental health confinement, brief confinement to a wheelchair and physical therapy. This was not reported by the family to this agency.
An analysis of the height and distance from the base, decedent trajectory, found that it was consistent with known and researched similar incidents. It was also determined that the decedent was not unconscious and dropped from the height. Research found that the final place of rest would have been closer to the base of the parking garage. Moreover, a witness saw the body falling at approximately the fifth floor, and did not report any other persons in proximity. However, not knowing the exact position of the witness and the upward angle of her vision (at 100-150 yards and requiring bifocals), it is possible that any person(s) could have been blocked from their field of view by the retaining barrier or hidden by their lack of vision acuity.
Other considerations were that this death was on the Decedent’s birthday and that he had contacted his psychiatrist earlier that day (also not a detail provided by the family). There was a history of extended mental health disorder with diagnosis of schizophrenia and bipolar, treated with prescribed medications (again, details not provided by the family).
Independent investigation concurred with the official ruling of Suicide due to a fall from height.
The family provided information questioning the official investigation and suspected homicide. What the family did not disclose, but a witness contacted by this agency revealed, was that the family had accepted a multi-million dollar settlement related to the decedent committing suicide as a result of neglect and treatment of the decedent that they alleged resulted in his suicide. To this agency they presented that the decedent’s treatment was a result of revealing historical molestation of children by other persons, who then conspired to have his death appear as a suicide. Investigation revealed that the investigation of the medical examiner’s office was sufficient and without any notable errors or deficiencies. However, the official law enforcement investigation was deficient in several areas of investigative protocol, including manner of reporting, photography and scene investigation. The investigation was primarily handled by responding patrol deputies, with post-scene investigation follow-up by multiple assigned detectives, most notably after concerns of the family presented. There were several major deficiencies in the scene photography – which can be imperative to the investigation, as well as civil and criminal judicial processes. Reporting by several documented responding personnel were never completed. Any personnel responding to or involved in an incident should be making a report that is supplemental to the initial responders report. All witnesses should be contacted, and a detailed report to supplement any written statements, made included.
Independent investigation found that the area was easily accessible by the Decedent, any minor physical impairments (slight limp) would not have impeded the short distance walk. All levels of the parking garage had an approximate four-foot retaining wall along the perimeter. A notepad, with the decedent’s handwriting, was found on the hood of a vehicle and both handprints and footprints were reported – but not photographed – found on the same vehicle.
Independent investigation also found that the decedent had a previous incident of a confirmed attempted suicide (multiple witnesses), also from a height. This resulted in hospitalization, including mental health confinement, brief confinement to a wheelchair and physical therapy. This was not reported by the family to this agency.
An analysis of the height and distance from the base, decedent trajectory, found that it was consistent with known and researched similar incidents. It was also determined that the decedent was not unconscious and dropped from the height. Research found that the final place of rest would have been closer to the base of the parking garage. Moreover, a witness saw the body falling at approximately the fifth floor, and did not report any other persons in proximity. However, not knowing the exact position of the witness and the upward angle of her vision (at 100-150 yards and requiring bifocals), it is possible that any person(s) could have been blocked from their field of view by the retaining barrier or hidden by their lack of vision acuity.
Other considerations were that this death was on the Decedent’s birthday and that he had contacted his psychiatrist earlier that day (also not a detail provided by the family). There was a history of extended mental health disorder with diagnosis of schizophrenia and bipolar, treated with prescribed medications (again, details not provided by the family).
Independent investigation concurred with the official ruling of Suicide due to a fall from height.
Suspicious Death - Independent Investigation (Expert Consultation)
Our agency was retained by a private investigator on behalf of the decedent’s family. The decedent was found by family members in his garage with a gunshot wound under his chin; a shotgun was by his side. Family members reported that the decedent’s co-habitant girlfriend and her young son were home. An argument and alcohol consumption had preceded this incident. The official ruling was Suicide due to a single gunshot wound to the head.
Information for investigative review purposes was limited to scene photographs and statements from non-present family members. This is usually insufficient to conduct an adequate Equivocal Death Investigation. As a subject matter expert on blood spatter and crime scenes, this agency was contacted to review the photographs and determine if a more comprehensive investigation should be conducted by the retained private investigator.
A review of the photographs revealed several important factors in support of suicide. Blood spatter was absent (referred to as ‘void’) in key areas that indicated the decedent was holding, and how, the shotgun at the time of discharge and his consequential death. This information was presented to the family to their satisfaction. By report, the official investigation did not address this important issue of blood spatter.
Independent investigation concurred with the official ruling of Suicide due to a single shotgun wound to the chin.
Information for investigative review purposes was limited to scene photographs and statements from non-present family members. This is usually insufficient to conduct an adequate Equivocal Death Investigation. As a subject matter expert on blood spatter and crime scenes, this agency was contacted to review the photographs and determine if a more comprehensive investigation should be conducted by the retained private investigator.
A review of the photographs revealed several important factors in support of suicide. Blood spatter was absent (referred to as ‘void’) in key areas that indicated the decedent was holding, and how, the shotgun at the time of discharge and his consequential death. This information was presented to the family to their satisfaction. By report, the official investigation did not address this important issue of blood spatter.
Independent investigation concurred with the official ruling of Suicide due to a single shotgun wound to the chin.
Decedent Identification - Protocol Opinion (Expert Affidavit)
Decedent Identification – Protocol Opinion (Expert) Our agency was retained by appeal counsel, based on our experience in identification of human remains at the medical examiner’s offices, to assist with a post-conviction appeal. At issue was if the official investigation used the available resources and protocols to identify the decedent, and if such identification would have aided the defense. It should be noted that the decedent was not identified until several years post-conviction.
Based upon experience as death investigator and deputy coroner, it was opined that the likelihood of determining the decedent’s identity prior to the defendant’s trial would have been substantially increased if the defense had conducted a full investigation into the identity of the body found. The physical description of the decedent was entered into the FBI’s N.C.I.C. database. However, this information was either incorrect or too vague at key points of identification (clothing, hair color, height, weight, dentition, eye color, etc.). A forensic expert should have reviewed the description of “Jane Doe” that was entered to ensure that the description was correctly reported in a thorough way so that it could have the best chance of being matched up with relevant missing-person reports in the N.C.I.C. database.
This information may have resulted in a ‘hit’ and identification of the decedent before the trial and conviction. In addition, it was opined that the defense should have retained an independent forensic pathologist to perform a second autopsy or at least conduct an autopsy review. This would have increased the chances of finding additional characteristics that could lead to a more accurate description of “Jane Doe” that would lead to her identity. Other deficiencies in attempts to identify the decedent included failure to have a sketch and description sent to the available resources for identifying missing persons, regional law enforcement offices and medical examiner or coroner offices. This same information should have been provided to print media and television, available social networks, missing persons groups, non-profit groups (i.e. Red Cross and Salvation Army) and, private investigator and law enforcement associations.
It should be noted that this incident was approximately one decade ago and resources were more limited than at this time. This opinion was based upon resources available at that time.
Based upon experience as death investigator and deputy coroner, it was opined that the likelihood of determining the decedent’s identity prior to the defendant’s trial would have been substantially increased if the defense had conducted a full investigation into the identity of the body found. The physical description of the decedent was entered into the FBI’s N.C.I.C. database. However, this information was either incorrect or too vague at key points of identification (clothing, hair color, height, weight, dentition, eye color, etc.). A forensic expert should have reviewed the description of “Jane Doe” that was entered to ensure that the description was correctly reported in a thorough way so that it could have the best chance of being matched up with relevant missing-person reports in the N.C.I.C. database.
This information may have resulted in a ‘hit’ and identification of the decedent before the trial and conviction. In addition, it was opined that the defense should have retained an independent forensic pathologist to perform a second autopsy or at least conduct an autopsy review. This would have increased the chances of finding additional characteristics that could lead to a more accurate description of “Jane Doe” that would lead to her identity. Other deficiencies in attempts to identify the decedent included failure to have a sketch and description sent to the available resources for identifying missing persons, regional law enforcement offices and medical examiner or coroner offices. This same information should have been provided to print media and television, available social networks, missing persons groups, non-profit groups (i.e. Red Cross and Salvation Army) and, private investigator and law enforcement associations.
It should be noted that this incident was approximately one decade ago and resources were more limited than at this time. This opinion was based upon resources available at that time.
Suspicious Death - Independent Investigation (Expert Consultation)
Our agency was retained by a private investigator on behalf of the decedent’s family. The decedent was found by family members in his bed with a gunshot wound to the side of his head. A semi-automatic handgun was by his side. A roommate left that morning without seeing the decedent. There were no unusual circumstances reported of the prior evening. The official ruling was Suicide due to a single gunshot wound to the head.
Information for investigative review purposes was limited to scene photographs and statements from non-present family members and the roommate. This is usually insufficient to conduct an adequate Equivocal Death Investigation. As a subject matter expert on blood spatter and crime scenes, this agency was contacted to review the photographs and determine if a more comprehensive investigation should be conducted by the retained private investigator.
A review of the photographs revealed several important factors. The right hand of the decedent has blood spatter which is consistent with high velocity, such as would be expected in a self-inflicted gunshot wound. The quantity of blood is consistent, and not inordinate.
In addition, the magazine was found between the boxspring and mattress – not in the handgun. One bullet had been discharged and it was questioned if there was any plausible reason for the magazine to have been separated from the handgun. It was determined that this was as found by responding law enforcement. It is important to note that it is common for a firearm to be made ‘safe’, including removing the magazine and any live rounds of ammunition. It was determined that all evidence was photographed as found. The decedent was reported to have experience with firearms. It was considered that the decedent retrieved the handgun and placed the magazine in the location found, then presented himself in this final position with the intent to shoot himself. Also of consideration, it is not uncommon for an inexperienced person to incorrectly believe that a semi-automatic handgun is unloaded and safe when the magazine is ejected, then failing to check the chamber for a live round or to eject the same. The decedent may have had suicidal ideations and contemplated the same while incorrectly thinking he had made the handgun safe. This is still a suicide, although unintentional – his actions and motives are suicidal.
Independent investigation was provided as foundation for the primary investigation. Information was turned over to investigating officials for further consideration.
Information for investigative review purposes was limited to scene photographs and statements from non-present family members and the roommate. This is usually insufficient to conduct an adequate Equivocal Death Investigation. As a subject matter expert on blood spatter and crime scenes, this agency was contacted to review the photographs and determine if a more comprehensive investigation should be conducted by the retained private investigator.
A review of the photographs revealed several important factors. The right hand of the decedent has blood spatter which is consistent with high velocity, such as would be expected in a self-inflicted gunshot wound. The quantity of blood is consistent, and not inordinate.
In addition, the magazine was found between the boxspring and mattress – not in the handgun. One bullet had been discharged and it was questioned if there was any plausible reason for the magazine to have been separated from the handgun. It was determined that this was as found by responding law enforcement. It is important to note that it is common for a firearm to be made ‘safe’, including removing the magazine and any live rounds of ammunition. It was determined that all evidence was photographed as found. The decedent was reported to have experience with firearms. It was considered that the decedent retrieved the handgun and placed the magazine in the location found, then presented himself in this final position with the intent to shoot himself. Also of consideration, it is not uncommon for an inexperienced person to incorrectly believe that a semi-automatic handgun is unloaded and safe when the magazine is ejected, then failing to check the chamber for a live round or to eject the same. The decedent may have had suicidal ideations and contemplated the same while incorrectly thinking he had made the handgun safe. This is still a suicide, although unintentional – his actions and motives are suicidal.
Independent investigation was provided as foundation for the primary investigation. Information was turned over to investigating officials for further consideration.
Criminal Defense - Acquaintance Sex Assault (Legal Investigation)
Our agency was retained by counsel on behalf of the defendant. In reviewing the available prosecution discovery, it was immediately determined that the official investigation was deficient and not properly conducted; it was incomplete.
There are multiple points of consideration in the detective’s testimony at the preliminary hearing. The detective incorrectly stated as fact information from the alleged victim’s initial statement and subsequent interview, having different statements. The detective did acknowledge inconsistent statements of the alleged victim when questioned by defense counsel. Moreover, the detective testified, consistent with his reports, that he never visited the incident scene and had no personal knowledge of the layout, and he did not either have or take his own photographs of the residence. He was unable to testify as to the accuracy of the alleged victim’s statements based upon scene descriptions. Independent investigation revealed that there were significant inconsistencies in the alleged victim’s description of events and not being possible after visiting the scene and determining the actual layout.
Investigation and interview of witnesses also determined that the alleged victim did not consider the defendant or the residence any threat to her after the alleged assault. She chose to remain, alone, in the guest bedroom after the assault – although she knew from having drinks in the living room that she had an unobstructed opportunity to leave the residence, or in the alternative climb out the opened bedroom window and drop four feet. Moreover, as both persons were in a volunteer quasi-law enforcement position, and she had her cell phone in the bedroom, she could have called 911 or the ‘back line’ to their dispatch center. She could have called any friend or mutual friend. She did, the next morning, walk to her house; it is not known if she told her co-habitant boyfriend. She did call a friend mutual to the defendant and involved in the same volunteer position, to whom she first reported the incident and who transported her to a nearby hospital for examination. At that time law enforcement was called.
The defendant was offered and accepted a non-sex assault misdemeanor.
There are multiple points of consideration in the detective’s testimony at the preliminary hearing. The detective incorrectly stated as fact information from the alleged victim’s initial statement and subsequent interview, having different statements. The detective did acknowledge inconsistent statements of the alleged victim when questioned by defense counsel. Moreover, the detective testified, consistent with his reports, that he never visited the incident scene and had no personal knowledge of the layout, and he did not either have or take his own photographs of the residence. He was unable to testify as to the accuracy of the alleged victim’s statements based upon scene descriptions. Independent investigation revealed that there were significant inconsistencies in the alleged victim’s description of events and not being possible after visiting the scene and determining the actual layout.
Investigation and interview of witnesses also determined that the alleged victim did not consider the defendant or the residence any threat to her after the alleged assault. She chose to remain, alone, in the guest bedroom after the assault – although she knew from having drinks in the living room that she had an unobstructed opportunity to leave the residence, or in the alternative climb out the opened bedroom window and drop four feet. Moreover, as both persons were in a volunteer quasi-law enforcement position, and she had her cell phone in the bedroom, she could have called 911 or the ‘back line’ to their dispatch center. She could have called any friend or mutual friend. She did, the next morning, walk to her house; it is not known if she told her co-habitant boyfriend. She did call a friend mutual to the defendant and involved in the same volunteer position, to whom she first reported the incident and who transported her to a nearby hospital for examination. At that time law enforcement was called.
The defendant was offered and accepted a non-sex assault misdemeanor.
Criminal Defense - Homicide (Expert Consultation)
Our agency was retained by counsel on behalf of the defendant. In reviewing the available prosecution discovery, it was immediately determined that the official investigation was properly conducted and the evidence consistent with the official reports.
Over 300 scene photographs and hundreds of pages of official reports were reviewed. A review of the scene photographs indicates that the decedent was at the door when the knife attack began, and identifying the initial and ultimately fatal wounds. The altercation continued outside and then the decedent was placed back inside the entry way. By report the residence was secured at the time of law enforcement response.
The defendant had no injuries and no blood spatter on his person. The decedent had fallen into the exterior pool of blood at the time of arrest. With this exception, the only other blood spatter found on his person was on part of one leg exposed by shorts.
Independent investigation was unable to support the legal theories of the defense.
Over 300 scene photographs and hundreds of pages of official reports were reviewed. A review of the scene photographs indicates that the decedent was at the door when the knife attack began, and identifying the initial and ultimately fatal wounds. The altercation continued outside and then the decedent was placed back inside the entry way. By report the residence was secured at the time of law enforcement response.
The defendant had no injuries and no blood spatter on his person. The decedent had fallen into the exterior pool of blood at the time of arrest. With this exception, the only other blood spatter found on his person was on part of one leg exposed by shorts.
Independent investigation was unable to support the legal theories of the defense.
Wrongful Death - Police Use of Excessive Force (Expert Consultation)
Our agency was retained by counsel on behalf of the decedent’s family. The decedent was involved in an altercation incident to arrest and died on scene. This agency was contacted prior to interment. The issue presented is if the injuries described and documented are consistent with those reported in law enforcement records and the official autopsy report. Moreover, are the injuries fatal, serious bodily injury or bodily injury; and within accepted police protocols for securing an arrestee. From the reports, the decedent and a co-habitant girlfriend were involved in an argument that was reported to have escalated to physical pushing. The decedent had a history of illicit drug use, recently having been sober for more than 30 days. In recent days he had relapsed and was in an excited and agitated state on this date. Neighbors called police and upon responding found the decedent and girlfriend in a heightened verbal argument. In attempting to separate them the decedent became combative. In reviewing the available limited police reports, it was determined that insufficient information was available. A forensic autopsy had been performed, but information was not immediately available to the family. Based upon our recommendation an assessment and documentation of the decedent was conducted with arrangements by the funeral home. Full photographs and documentation of clothing, injuries, absence of injuries and confirming no medical intervention – due to on scene death – was completed and confirmed. In the limited ability to review, the official investigation, including arrest procedures, were properly conducted. There was no physical or photographic evidence to evaluate. There was contextual evidence of pre-incident trauma, originating within the apartment, noted from the official reports. Upon examination in situ at the funeral home, there was noted extensive trauma, blunt and sharp force, literally from head to foot. Concentration of trauma, primarily blunt force, was noted on the head and upper extremities; the torso and lower extremities were less traumatic. Laceration and incised injuries were noted on the right eye lid, right hand and left thigh. The blunt force trauma contusions concentrated on the upper extremities and torso are consistent with law enforcement procedures of arrest control and baton use. Due to the potential of serious bodily injury or death, strikes to the head and face are banned in these protocols. The sharp force trauma, including to the right eye lid, right hand and left leg, are of unknown source and origin. No specific pattern injuries were observed.
Further investigation was pending release of the official records, reports and photographs, including the autopsy and toxicology reports. The cause of death was appropriately pended. Considerations of further investigation include the medical health of the decedent, toxicology level of methamphetamine, evaluation of injuries to the head and face, medical consequences of the electric muscle incapacitation (‘touch tase’) and findings from autopsy following further toxicology and histological microscopic examination.
All manners of death were to be considered. The family did not pursue this case any further.
Further investigation was pending release of the official records, reports and photographs, including the autopsy and toxicology reports. The cause of death was appropriately pended. Considerations of further investigation include the medical health of the decedent, toxicology level of methamphetamine, evaluation of injuries to the head and face, medical consequences of the electric muscle incapacitation (‘touch tase’) and findings from autopsy following further toxicology and histological microscopic examination.
All manners of death were to be considered. The family did not pursue this case any further.
Suspicious Death - Independent Investigation (Expert Consultation)
Our agency was retained by a private investigator on behalf of the decedent’s family. The decedent, a law enforcement officer, was found by officers of an overlapping jurisdiction. The official investigation was conducted by the decedent’s employing agency, who had jurisdiction.
Extensive photographs, records and reports were provided for review, including multiple re-enactment videos and photographs from experts retained by the law enforcement agency and family.
Review of the provided photographs, records and reports provided several concerns, beginning with the perfect and symmetrical position in which the decedent was found (supine) with his shotgun. The decedent had one injury, which was immediately fatal, as a result of a contact penetrating shotgun slug wound entering under the chin and traversing to exit the top of the head. There were multiple discernible wounds unanswered by the conclusion of suicide. Specifically, in the act of a self-inflicted gunshot wound, there is no plausible explanation for the injuries and pressure patterns to the respective dorsal and palmar surfaces of both hands. Moreover, the decedent’s uniform had indications of being involved in a physical altercation and on the ground prior to death.
Personal effects and items from his utility belt were strewn about the decedent, almost circular and at varying distances. His duty weapon was found several yards from him, over a chain-link fence topped with barbed wire. His backup weapon, on an ankle, was removed.
Investigation determined that the the shotgun was not in a final resting position consistent with having been discharged by the decedent, in any conceivable position of the decedent, and then coming to rest as found. The angle of the entrance wound, and wound path, are inconsistent with the decedent lying on the ground and his head also resting on the ground, and particularly without any consequential projectile defect to the underlying pavement.
The possibility that the decedent staged his own death as a suicide as a homicide was considered. However, the physical evidence did not support this in even the most minimal possibility.
The expert reconstruction, conducted by a former employee of the investigating agency, only concentrated on the final resting position of the decedent. This was deficient and inconclusive based upon the physical evidence. Factors that were not considered in the whole included the position of the decedent at discharge, angle of the shotgun at discharge, and angle of the decedent’s head at discharge. Each possibility presented in this reconstruction was unfounded upon further study and evaluation.
It was determined that the the official investigation was insufficient in the investigation of the manner of death. It was further concluded that the scene, specifically placement of the shotgun on the decedent, was staged. It is also concluded that the decedent was standing, or less likely kneeling or crouching, with the muzzle of the shotgun pressed against the underside of his chin, the shotgun being held by another unknown person, and discharged by the unknown person. The finding of suicide by self-inflicted extraoral gunshot wound is inconsistent and not plausible based upon the documented information, facts and evidence reviewed. Investigation reveals that this incident presents concern of homicide concurrent with a mutual physical confrontation.
This agency recommended that the Cause of Death remains extraoral contact gunshot wound. The Manner of Death be amended to Homicide.
This case has been published by investigative reporter, now private investigator, Paul Rubin:
Sean Drenth was police officer with Phoenix AZ police department. He was found with a single fatal shotgun wound under his chin. It was ruled a suicide after a long wait for the family, and an investigation that did not answer many questions - and added more.
AFI-LLC is one of many resources working this case. We are hoping there is justice and closure for the family. It is a story worth reading (Part 1) - http://www.phoenixnewtimes.com/2012-11-08/news/the-curious-case-of-sergeant-sean-drenth
If you read Part 1 of the death of Sean Drenth, a Phoenix police officer found dead under suspicious circumstances, here is Part 2 - http://www.phoenixnewtimes.com/2012-11-15/news/who-was-phoenix-police-sergeant-sean-drenth
Extensive photographs, records and reports were provided for review, including multiple re-enactment videos and photographs from experts retained by the law enforcement agency and family.
Review of the provided photographs, records and reports provided several concerns, beginning with the perfect and symmetrical position in which the decedent was found (supine) with his shotgun. The decedent had one injury, which was immediately fatal, as a result of a contact penetrating shotgun slug wound entering under the chin and traversing to exit the top of the head. There were multiple discernible wounds unanswered by the conclusion of suicide. Specifically, in the act of a self-inflicted gunshot wound, there is no plausible explanation for the injuries and pressure patterns to the respective dorsal and palmar surfaces of both hands. Moreover, the decedent’s uniform had indications of being involved in a physical altercation and on the ground prior to death.
Personal effects and items from his utility belt were strewn about the decedent, almost circular and at varying distances. His duty weapon was found several yards from him, over a chain-link fence topped with barbed wire. His backup weapon, on an ankle, was removed.
Investigation determined that the the shotgun was not in a final resting position consistent with having been discharged by the decedent, in any conceivable position of the decedent, and then coming to rest as found. The angle of the entrance wound, and wound path, are inconsistent with the decedent lying on the ground and his head also resting on the ground, and particularly without any consequential projectile defect to the underlying pavement.
The possibility that the decedent staged his own death as a suicide as a homicide was considered. However, the physical evidence did not support this in even the most minimal possibility.
The expert reconstruction, conducted by a former employee of the investigating agency, only concentrated on the final resting position of the decedent. This was deficient and inconclusive based upon the physical evidence. Factors that were not considered in the whole included the position of the decedent at discharge, angle of the shotgun at discharge, and angle of the decedent’s head at discharge. Each possibility presented in this reconstruction was unfounded upon further study and evaluation.
It was determined that the the official investigation was insufficient in the investigation of the manner of death. It was further concluded that the scene, specifically placement of the shotgun on the decedent, was staged. It is also concluded that the decedent was standing, or less likely kneeling or crouching, with the muzzle of the shotgun pressed against the underside of his chin, the shotgun being held by another unknown person, and discharged by the unknown person. The finding of suicide by self-inflicted extraoral gunshot wound is inconsistent and not plausible based upon the documented information, facts and evidence reviewed. Investigation reveals that this incident presents concern of homicide concurrent with a mutual physical confrontation.
This agency recommended that the Cause of Death remains extraoral contact gunshot wound. The Manner of Death be amended to Homicide.
This case has been published by investigative reporter, now private investigator, Paul Rubin:
Sean Drenth was police officer with Phoenix AZ police department. He was found with a single fatal shotgun wound under his chin. It was ruled a suicide after a long wait for the family, and an investigation that did not answer many questions - and added more.
AFI-LLC is one of many resources working this case. We are hoping there is justice and closure for the family. It is a story worth reading (Part 1) - http://www.phoenixnewtimes.com/2012-11-08/news/the-curious-case-of-sergeant-sean-drenth
If you read Part 1 of the death of Sean Drenth, a Phoenix police officer found dead under suspicious circumstances, here is Part 2 - http://www.phoenixnewtimes.com/2012-11-15/news/who-was-phoenix-police-sergeant-sean-drenth
Suspicious Death - Independent Investigation (Expert Consultation)
Our agency was retained by a private investigator on behalf of the decedent’s family. The decedent, a law enforcement officer, was found by his wife upon her return to the home. The official investigation was conducted by the decedent’s employing agency, who had jurisdiction.
By report there was a quarrel between the decedent and his wife, causing her to leave the home with her daughter for the evening. Upon her return she found the decedent. A black semi-automatic handgun, spent shell casing, cell phone, tactical flashlight and white cloth with blood, were found in the proximity of the decedent. Additional evidence at the scene included the decedent’s wallet and duty belt on the bed, with the handgun and tactical light removed from the respective holsters. Additional evidence included his cell phone, with a call and texting history that ended approximate to the estimated timeframe of death.
By report, the decedent had expressed being depressed and unhappy with his new position at the law enforcement agency. A family member reported a past incident of suicidal ideation; there were no other reports of this or any other incident. This same family member also reported the decedent as diagnosed with depression controlled by medication. No medications were reported and no medical history includes any reference to treatment, diagnosis or medications.
Analysis of the blood spatter on the decedent provides one possible, and unusual, manner in which the decedent could have held the handgun. This position was with the handgun held intraoral, upside down with the thumb operating the trigger.
Independent review of the official investigation determined that this was conducted properly and thoroughly. It should be noted that the investigation was primarily by one detective, and without the response or aid of the medical examiner’s investigator. According to the jurisdiction protocol, this was acceptable; however, by official death investigation standards it was not. The detective’s investigation was of such a positive standard that there was no negative impact from this lack of response.
Independent investigation determined that the finding of suicide by self-inflicted intraoral gunshot wound was consistent with the documented information, facts and evidence reviewed. This includes circumstances, decedent social history, photographs, and probable handgun position, blood spatter analysis and empirical circumstances. In addition, the ancillary reported information presents concern of suicidal ideation. This information includes alcohol intoxication, considerations of marital estrangement, proximate to his birthday, reported financial stress, reported job stress, historical and stated instant depression.
Independent investigation concurred with the official investigation. Therefore, the manner of death is supported as Suicide.
By report there was a quarrel between the decedent and his wife, causing her to leave the home with her daughter for the evening. Upon her return she found the decedent. A black semi-automatic handgun, spent shell casing, cell phone, tactical flashlight and white cloth with blood, were found in the proximity of the decedent. Additional evidence at the scene included the decedent’s wallet and duty belt on the bed, with the handgun and tactical light removed from the respective holsters. Additional evidence included his cell phone, with a call and texting history that ended approximate to the estimated timeframe of death.
By report, the decedent had expressed being depressed and unhappy with his new position at the law enforcement agency. A family member reported a past incident of suicidal ideation; there were no other reports of this or any other incident. This same family member also reported the decedent as diagnosed with depression controlled by medication. No medications were reported and no medical history includes any reference to treatment, diagnosis or medications.
Analysis of the blood spatter on the decedent provides one possible, and unusual, manner in which the decedent could have held the handgun. This position was with the handgun held intraoral, upside down with the thumb operating the trigger.
Independent review of the official investigation determined that this was conducted properly and thoroughly. It should be noted that the investigation was primarily by one detective, and without the response or aid of the medical examiner’s investigator. According to the jurisdiction protocol, this was acceptable; however, by official death investigation standards it was not. The detective’s investigation was of such a positive standard that there was no negative impact from this lack of response.
Independent investigation determined that the finding of suicide by self-inflicted intraoral gunshot wound was consistent with the documented information, facts and evidence reviewed. This includes circumstances, decedent social history, photographs, and probable handgun position, blood spatter analysis and empirical circumstances. In addition, the ancillary reported information presents concern of suicidal ideation. This information includes alcohol intoxication, considerations of marital estrangement, proximate to his birthday, reported financial stress, reported job stress, historical and stated instant depression.
Independent investigation concurred with the official investigation. Therefore, the manner of death is supported as Suicide.
Criminal Defense - Domestic Violence Assault (Expert Witness)
Our agency was retained by counsel on behalf of the defendant. The defendant was charged with assault causing bodily injury arising from a domestic argument. The victim reported to law enforcement 13 days post-incident and presented digital cell phone photographs (three) from the day following to the day of report. She also sent these images to the defendant via text message from the day of the first photograph. Her report to police and those in the text messages differed slightly, but not specific to the purpose of our consultation.
A scene investigation was not conducted as the apartment was no longer available. The defendant was able to return to the apartment, after vacated by the victim and with permission of the landlord, to photograph the area and doorway. This was after being charged and before hiring counsel.
It cannot be expected that a lay person will take appropriate forensic photographs – scale and no scale, overall perspective to specific injury. The images were of low quality and critical clarity of the images was missing. It was able to be determined the leg and location on the leg. With the exception of the dates on the text message, there was no confirming information as to the dates of the photographs – this information was not carried with the image when sent and law enforcement took photographs of the photographs on the cell phone; they did not perform a forensic cell phone data extraction. Defense agreed pre-trial that the images provided by the victim were of her leg and at the date and time in question. It was also agreed that the images provided by the defendant were of the apartment and doorway.
The victim alleged that the defendant repeatedly kicked her while she was supine on the floor. The defendant alleged that the defendant had placed her leg in the door while he was leaving the apartment.
In reviewing the photograph depicting a prominent contusion and best clarity, there were multiple contusions of possibly more than two actions; there are two primary and distinct linear contusions, roughly “L”-shaped; or four linear contusions – one set of two linear abrasions intersecting with a set of two linear abrasions, forming an “L”-shape.
The injuries were inconsistent with being struck by a kick. Specifically, the contusions are not uniform, as would be expected with a foot strike as described. Pattern injuries from a kick or similar strike tend to be more circular to oval, and not linear, with concentration contusion discoloring due to a concentrated impact and peripheral surface hemorrhaging of the capillaries. It was therefore opined that there was a strong probability the injuries were not inflicted as described.
The injuries were consistent with multiple impacts by an object and the leg moving. This could occur by the door under specific circumstances – such as the leg bent at the knee and shut in the apartment door. There were some unique patterns that corresponded to defects in the door molding and trim. It was therefore opined that there was a strong probability the injuries were inflicted as described by the Defendant.
A scene investigation was not conducted as the apartment was no longer available. The defendant was able to return to the apartment, after vacated by the victim and with permission of the landlord, to photograph the area and doorway. This was after being charged and before hiring counsel.
It cannot be expected that a lay person will take appropriate forensic photographs – scale and no scale, overall perspective to specific injury. The images were of low quality and critical clarity of the images was missing. It was able to be determined the leg and location on the leg. With the exception of the dates on the text message, there was no confirming information as to the dates of the photographs – this information was not carried with the image when sent and law enforcement took photographs of the photographs on the cell phone; they did not perform a forensic cell phone data extraction. Defense agreed pre-trial that the images provided by the victim were of her leg and at the date and time in question. It was also agreed that the images provided by the defendant were of the apartment and doorway.
The victim alleged that the defendant repeatedly kicked her while she was supine on the floor. The defendant alleged that the defendant had placed her leg in the door while he was leaving the apartment.
In reviewing the photograph depicting a prominent contusion and best clarity, there were multiple contusions of possibly more than two actions; there are two primary and distinct linear contusions, roughly “L”-shaped; or four linear contusions – one set of two linear abrasions intersecting with a set of two linear abrasions, forming an “L”-shape.
The injuries were inconsistent with being struck by a kick. Specifically, the contusions are not uniform, as would be expected with a foot strike as described. Pattern injuries from a kick or similar strike tend to be more circular to oval, and not linear, with concentration contusion discoloring due to a concentrated impact and peripheral surface hemorrhaging of the capillaries. It was therefore opined that there was a strong probability the injuries were not inflicted as described.
The injuries were consistent with multiple impacts by an object and the leg moving. This could occur by the door under specific circumstances – such as the leg bent at the knee and shut in the apartment door. There were some unique patterns that corresponded to defects in the door molding and trim. It was therefore opined that there was a strong probability the injuries were inflicted as described by the Defendant.
