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Gym mat death: New evidence points to foul play, expert says
Oct-09-2013 571 0


For the local sheriff's department, the death of 17-year-old Kendrick Johnson is a closed book: A tragedy, but an accident.

State medical examiners concluded that Johnson suffocated in January after getting stuck in a rolled-up gym mat while reaching for a sneaker. That's a finding his family has never accepted, and one challenged by the findings of a second autopsy they commissioned.

Now, death scene imagery obtained by CNN has led a former FBI agent to question how the three-sport athlete died.

"I don't believe this was an accident. I think this young man met with foul play," said Harold Copus, now an Atlanta private investigator.

And Johnson's father, Kenneth Johnson, said he believes authorities aren't leveling with his family.

What happened to Kendrick Johnson?
"They know something happened in that gym, and they don't want it to come out," he said.

'Accidental' death challenged by new autopsy

A 15-minute video and nearly 700 photos taken by sheriff's investigators in Lowndes County documented the horrific scene. Johnson's body, clad in jeans and and layered orange and white T-shirts, was found wedged into a rolled-up wrestling mat in January. His face was bloated with pooled blood, some of which had poured out of his body, soaking his dreadlocks and spilling onto the floor.

There were more streaks of blood on a nearby wall -- but it wasn't Johnson's, according to investigators. Meanwhile, Copus said there appeared to be no blood on a sneaker that the teen supposedly was attempting to reach, located inches beneath him.

A pair of orange-and-black gym shoes found a few yards from the body had a substance that looked like blood on them, but investigators told CNN the stains weren't blood -- and so the shoes weren't collected as potential evidence. The same went for a hooded sweatshirt found a few feet away from the teen.

Copus said he can't explain how investigators handled items found around the gym.

"If you're running a crime scene, then you're going to say 'That's potential evidence. Obviously, we're going to check this out and find out who does it belong to,' " he said.

Lowndes County Sheriff Chris Prine refused to discuss the case with CNN, saying, "Our case is closed." But in June, an independent pathologist who conducted a second autopsy for the Johnson family found the teen suffered a blow to the right side of his neck that was "consistent with inflicted injury."

In May, sheriff's Lt. Stryde Jones told CNN that investigators tested the bloodstains on the nearby wall, "and it was not the blood of Kendrick Johnson." Investigators haven't determined whose blood it was, "but it doesn't appear to be involved in our crime in any way," he said.

"In the opinion of our crime scene personnel, after looking at it closely, the blood appeared as if it'd been there for an extended period of time. It didn't appear to be very fresh," Jones said.

But Copus said it's difficult to believe that old bloodstains weren't cleaned up.

"There is no way that they would allow whoever was supposed to clean this gym to leave that blood on that wall," he said.

In September, the Justice Department said it wouldn't open a civil rights investigation into Johnson's death. But federal prosecutors in south Georgia are reviewing the imagery to determine whether a separate investigation is necessary, the U.S. attorney's office in Macon told CNN.

For Johnson's father, the evidence is clear.

"Someone murdered him," he said. "They should be in jail."

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Civil suits often unfold much differently than criminal matters.

Two decades ago, football star O.J. Simpson was acquitted of the killings of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman. But a civil jury awarded the Brown and Goldman families $33.5 million in wrongful-death damages.

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The U.S. Senate voted on Thursday to approve Loretta Lynch as President Barack Obama's next attorney general, ending a five-month deadlock that made Lynch wait longer for confirmation than the last seven attorneys general combined.

The first black woman to become the top U.S. law enforcement official, Lynch, 55, was approved by a 56-43 vote. Ten Republicans voted for Lynch, including Senate Majority Leader Mitch McConnell. She is expected to take over as head of the U.S. Justice Department on Monday, replacing Eric Holder.

The voting margin reflected many Republicans' disapproval of Lynch's support for an executive order issued by Obama in November that was meant to shield millions of undocumented immigrants from the threat of deportation.

Before the vote, Republican Senator Jeff Sessions, an outspoken critic of that action, blasted Lynch.

"We do not have to confirm someone to the highest law enforcement position in America if that someone is publicly committed to denigrating Congress, violating law," he said.

Senate Democratic leader Harry Reid berated Republicans for delaying the confirmation and said Lynch was "as qualified a candidate" as he'd seen in almost 30 years in the Senate.

Lynch has awaited confirmation since November when Obama, a fellow Harvard Law School graduate, nominated her.

Despite the delay, she was widely seen as less controversial than Holder, who often clashed with Republicans. She has said she aims to smooth relations with Congress.

As attorney general, her earliest tests will likely include handling civil rights cases stemming from deadly altercations between police and unarmed black men in several U.S. cities. The Justice Department has said it will look into bringing civil rights charges over the death of a Baltimore man who died after sustaining a spinal cord injury while in police custody.

Lynch will also inherit major financial cases involving allegations that some of the world's largest banks helped clients evade U.S. taxes and manipulated the currency markets.

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With a murder trial looming amid widespread scrutiny of police misconduct, Bastrop County has agreed to give more than $1 million to the family of a woman who was shot and killed by a sheriff’s deputy last year, the American-Statesman and KVUE-TV have learned.

High-ranking county officials and lawyers for Yvette Smith’s family members negotiated a $1.22 million settlement on Thursday to end a civil lawsuit filed in federal court after the fatal shooting. The award is believed to be the largest in the county’s history and the second in recent months over incidents involving deputies’ use of force.

Officials have shared few details about the deadly encounter, which preceded multiple public missteps by the sheriff’s office related to the case.

The county initially said that then-Deputy Daniel Willis responded to Smith’s Bastrop home around 12:30 a.m. on Feb. 16, 2014, after receiving a report of two men fighting over a gun at a residence on Zimmerman Avenue near Cool Water Drive.

When Willis and other deputies arrived, people inside the home disregarded deputies’ commands to come outside until a woman, later identified as Smith, appeared in the doorway holding a firearm, according to a statement the sheriff’s office issued after the incident. Willis opened fire after Smith disregarded a deputy’s command, the statement said.

But within hours officials backpedaled. The sheriff’s office said it could not confirm that Smith had any weapon when she was shot on the porch and has not clarified the matter since.

A lieutenant and sergeant were later punished for modifying Willis’ training records, which weren’t signed properly, after the shooting.

Smith, the single mother of two adult children, was unarmed when Willis shot her, her eldest son has said.

She was a caretaker at Austin State Hospital until she had knee surgery a few months before her death, according to family, and was uncomfortable even holding a gun.

Willis, now 30, had been with the sheriff’s office for less than a year when he shot Smith. After he was indicted on a murder charge and fired from the sheriff’s office in June, her family sued the county and Bastrop County Sheriff Terry Pickering in August, seeking at least $5 million.

Bryan Goertz, Bastrop County’s district attorney, helped lead negotiations with the Smith family on behalf of the county. He declined to comment on the settlement “out of respect for the Smith family.”

Other county officials who participated in the negotiations Thursday were County Judge Paul Pape, County Auditor Lisa Smith and County Commissioner Clara Beckett.

Smith and Beckett did not respond to requests for comment on Tuesday.

Pape said he is satisfied with the outcome.

“I’ve expressed my condolences to the Smith family for their loss, and I’m thankful they saw the benefit to themselves to settle this matter and move on with their lives,” he said. “It doesn’t bring anyone back.”

The attorney who represents the Smith family, said “one of the major benefits to a resolution like this, it brings peace of mind to the family that they can have closure. That’s essential to living their lives after a tragedy such as this.”

The settlement is the second high-dollar amount the county has paid in the past year following the actions of sheriff’s deputies. In May, it paid $750,000 to the family of a teen critically injured after falling and hitting his head at Cedar Creek High School after a deputy used his Taser on the student.

Unlike the city of Austin, which operates its own taxpayer-funded litigation fund, Bastrop has a policy with a private insurer, which will pay the settlement. The county’s annual premiums are expected to go up at least 25 percent as a result of the payouts, officials said.

Willis is scheduled to stand trial in the murder case against him in late June, with two pre-trial hearings set for April 30 and May 28.

His attorney did not respond to a request for comment.

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A Charlotte woman may face a felony charge for allegedly putting a dead cricket in her meal at a restaurant in order to get the meal for free.

Gastonia Police say 26-year-old Shatanya Beasley is charged with obtaining property by false pretense after she put a dead cricket in her food at the Applebee's in Gastonia.

Police say Beasley asked for the manager after receiving her food, showed him the dead cricket, asked for a new plate, and stated she wasn't going to pay the bill, to which the manager obliged.

After Beasley and her son left the restaurant, their waitress noticed Beasley left her wallet open on the table, and the waitress reportedly noticed a bag of dead crickets inside of it. The waitress gave the wallet to her manager.

When Beasley attempted to retrieve her wallet, the manager informed her she needed to pay for the meal; she refused and left the restaurant, but not before employees took down her license plate number, police said.

Gastonia Police tracked Beasley down via her license plate and issued a warrant for obtaining property by false pretense.

Beasley turned herself in to police.

The Applebee's manager now has the option whether or not to pursue the charge.

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A former Spring High School assistant principal who admitted to having sex with a student in his office during a prom event in 2012 was sentenced Tuesday to four months in jail, then eight years probation.

Mark West, 32, pleaded guilty to improper relationship with a student on the eve of trial Friday, and went through a two-day hearing before being sentenced by State District Judge Catherine Evans.

"You did it because you enjoyed the attention of young girls," the judge said during the sentencing. "We're talking about a razor thin margin of three weeks between what separates a felony crime from a poor decision to have an inappropriate extramarital affair."

West, who was facing a maximum of 20 years in prison had asked Evans to sentence him to probation.

"It's just bad choices I made, based on impulses," West said on the witness stand. "Basically just being selfish."

West testified he had sex with an 18-year-old student who approached him during the early morning hours of a school lock-in during prom. It was three weeks before she graduated.

Although the teen was old enough to consent, state law prohibits educators having sex with students.

West, who remains married and has a young son, had raised eyebrows at the school because of his interactions with female students. He testified he tickled and picked up another teen, and made inappropriate comments to two others. Administrators also admonished him to stop having closed door meetings with students.

In court Tuesday, West admitted having sex with the girl once, but said she was lying about other incidents.

Spring ISD police initially investigated the allegation that West had inappropriately touched a female student after the incident, but no criminal charges were filed because of a lack of evidence, according to the complaint.

Investigators eventually connected a name with the allegations and tracked down a teenager in college. The former student told investigators that when she was a senior, she had sex with West in his office during a prom event.

He resigned after being arrested in 2013. His wife testified that he is no longer working.

Prosecutor Katie Warren argued that West should spend 12 years in prison.

"He wasn't just a teacher, he was principal," Warren said. "He's supposed to be watching the teachers to make sure they don't make this kind of mistake. That alone means it's not a probation offense."

She noted that West will not have to register a sex offender.

Defense attorney Charles Johnson joined his client in asking for probation.

"He's taken responsibility," Johnson said. "I think rehabilitation is the appropriate sentence."

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