What’s wrong with this picture?

There is probably no worse feeling than being falsely accused of a crime. I would not wish that on anyone. Sheriff David Shoar says he took up the fight for Deputy Jeremy Banks following the death of his former girlfriend, Michelle O’Connell, for that very reason. But many in the community, as well as the O’Connell family, say they have been denied justice.

Historic City News continues to follow this disturbing case nearly five years after the fact. Those who believe the law enforcement and criminal justice community’s determination that Michelle O’Connell took her own life, also believe that Deputy Banks was cleared of any wrongdoing and should be left alone.

We would be inclined to agree, except for the simple fact that you cannot rely solely on a conclusion that was drawn completely by the law enforcement community. The investigating deputies, FDLE investigators, the State Attorney, and the Medical Examiner all represent the criminal justice system.

The sheriff admits mistakes were made during the initial investigation — Banks was treated as a witness and not a suspect from the outset. Evidence relevant to a homicide was not collected and a thorough canvas of the neighborhood did not occur that night. One medical examiner changed his conclusion of the manner of death and an outside medical examiner has suggested that O’Connell’s body should be exhumed to determine if certain injuries to the mouth and teeth are indicative of a struggle to insert the pistol barrel into the victim’s mouth.

To his credit, the sheriff did administer some disciplinary action among department personnel involved in handling the call, preserving the crime scene, and administering the investigation. Still, to this day, Shoar will not accept any explanation other than suicide as the manner of death in this case.

As one protester wrote on a sign he carried at a September memorial ceremony, “Don’t worry, I investigated myself and found that I did nothing wrong.”

At this point only one thing seems to be clear — and that is not how Michelle O’Connell died September 2, 2010. To preserve a sense of justice, and to reach a conclusion that both the family and law enforcement can accept, some non-law enforcement entity, like a grand jury, needs to hear the information uncovered since this tragedy.

There was enough doubt to motivate the governor to sign an executive order directing that the Honorable Jeffrey L. Ashton, State Attorney for the Ninth Judicial Circuit of Florida, come to St Augustine and investigate the circumstances of this alleged murder and police cover up.

There has been neither word that a grand jury will be convened, nor any update from the State Attorney’s office as the investigation continues.