Katherine Bryan Hoover

The Road To Justice is long and when it falls on deaf ears it is living your nightmare over and over. This is my daughter’s story and my long road to trying to get justice. It may be repetitive but these are all the letters and actions I have taken to get justice.

This is my beautiful baby girl Katherine. She was just 25 years old when she was shot and killed by a man twirling his gun like a toy. That day changed my life forever, but it wasn’t just the pain of losing her, my grandson Rehlin or the thought of raising her first child without her ever being in his life again. It is the injustice the killer was never charged, detained or arrested for his negligent act and the struggle to get justice for her, her baby and her son who has to grow up without his mother.

She was a new wife, a Mom, a Stepmother and pregnant for her second child. She and her husband had just bought a home in Inverness, Florida. They were excited to be starting a new life and family together when it was all destroyed in a flash by a man who was on narcotics playing with a gun.

July 26, 2014 Katherine and her husband were spending time together on her husbands day off. They went out grocery shopping and window shopping for baby things. She called me around 12:30pm when they arrived home to tell me she had bought Rehlin’s coming home outfit. She said “Mom I got Rehlin’s coming home hospital outfit. Your not gonna like it but guess what it is?” I said ok what? She said “It’s Camouflage.” and she laughed. I laughed too. I said great but don’t go crazy shopping we still have time. What Kat didn’t know was her sister and I were planning a baby shower for her. Then Kat said “I got to go Mom we are setting up the baby's’ room.” I said ok love you goodbye and she said “ I will see you on Monday.” That coming Monday morning she had an appointment with the OB/GYN. I always went with her for her check-ups just as I had with her first child.

At approximately 6:45- 7:00 pm I received a phone call from my daughters husband. He said I needed to get there right away that Katherine had been shot in the head. I said where are you? Is she alive? How the hell did that happen?If this is a joke it is not funny. What the hell are you talking about? He told me the hospital she was going to was Brooksville Regional. I was dumbfounded and shocked. I then received a call from a deputy sheriff who told me it was true she had been shot in the head and she was being taken to Brooksville Regional. I didn’t even know where that hospital was. In the meantime, prior to my son in laws call, my son had left my house to go visit his future wife who was in Tampa General Hospital who was having trouble with her pregnancy. The doctors admitted her and told her she needed to stay in bed and rest so she would not go into labor with my granddaughter. Katherine and Annmarie were both pregnant at the same time and both were due in early December 2014. This so called “Accident” would become a total devastation for my family and the beginning of a nightmare. I was still unaware of how my daughter was shot and it would be months later when I found out how my daughter and grandson were killed.

Here’s what happened that horrible day. When DeHayes began showing off his gun collection, he checked the first several guns to ensure they weren’t loaded. But when he pulled out his .22 caliber revolver, he neither checked to see if the safety was on, nor if it was loaded — an act of complete and utter negligence.

While showing off this unchecked .22 caliber revolver to his visitors, DeHayes began twirling the revolver in his hand like a gunslinger, in an incredibly cavalier manner (“kinda like a cowboy would,” he later told police). He was pointing the revolver in Katherine’s direction. The gun was cocked and loaded. As DeHayes twirled it on his finger, it discharged, shooting Katherine in the head.

Katherine was rushed to the hospital, where she died a few hours later. Doctors delivered her unborn son, Rehlin, via emergency C-section, but as he was only at 5 months’ gestation, he lived a mere 41 minutes before dying, as well.

My family and I are bereft at these senseless, tragic, and completely preventable losses.

I rushed to the hospital to be at Katherine’s side, and I cannot tell you how traumatic the entire experience was. I’ve never seen so much blood before in my life as I did that night. Watching my baby girl leave this world and remembering the joy of when she came into this world, I thought I was going to die right there beside her. I begged and pleaded with the doctors to save her, even though I knew in my head that they couldn’t do anything for her. My heart just couldn’t accept it.

Katherine also left behind a beautiful little boy, Nicholas, who was 6 at the time he is now 8. He will have to endure a lifetime without his loving, devoted mother — all because of DeHayes’ negligence.

Making matters worse, because investigators say that Katherine’s death was due to an “accidental shooting,” they have declined to charge DeHayes, despite the fact that drug paraphernalia (specifically, a bong and all kinds of narcotics) was at the crime scene — and despite the fact that DeHayes essentially admitted in his interview with the Hernando County Detective to a pattern of negligence. According to a recording of his interview obtained by the Daily Beast, he told the sheriff:

“I haven’t slept in three days trying to figure out how the hell [the gun] went off. I don’t know. I mean them damn guns. The shotgun goes off when it wants to. I almost blew my damn head off twice.”

Excuse me, but shotguns don’t go off when they “want” to. Shotguns go off when their owners are negligent. Full stop.

Despite this damning evidence of repeated negligence, and despite the fact that there are children in DeHayes’ home who might be at risk, officials not only refused to arrest or charge him: they also gave him his guns back, without so much as a slap on the wrist.

I am shocked, appalled, and devastated at how the judicial system has failed us. In fact, I feel like I am going crazy. How is it that DeHayes’ right to own and play recklessly with his guns trumps my daughter’s right to life?

I have begged and pleaded with prosecutors to please prosecute DeHayes for involuntary manslaughter, negligent homicide, and/or other appropriate charges, and give him a trial before a jury of his peers. As his pattern of recklessness demonstrates, he is a menace to society. He deserves to be prosecuted for his unconscionable actions that proved fatal to Katherine and Rehlin.

August 18, 2014 My future daughter in law who was also pregnant and due in December as Katherine went into premature labor with my granddaughter Jade Katherine Bryan. She lived two and half months in the NICU at Tampa General Hospital before she died.

On December 12, 2014, I met Assistant State Attorney Peter Magrino. Peter Magrino said that this case would never see a criminal courtroom because it could be appealed in the Appellate and Supreme Courts. I told him I would present the case for him if he couldn’t because the law is nothing more than presentation and interpretation. I asked for it to be presented to the grand jury and let them decide if charges should be filed. He said No there was no sense if it could be appealed. I was hysterical couldn’t understand how someone could kill two people and not be charged. There was loads of case law to support manslaughter. I asked if I could speak to his superior and he said that he had no superior I thought that couldn’t be right because he is not the elected State Attorney. I advised Peter Magrino that I would not let this go I would fight if it meant going all the way to the White House. I left his office crushed. That day, my son-in -law Carson stopped talking to me. I would eventually find out days later that Carson did not want me to pursue charges against the killer who was his friend.

At this point I was told by the Assistant State Attorney Peter Magrino that my daughter was killed while William Dehayes was holstering his weapon and the gun discharged. It would be several weeks later I would learn she was killed because he was twirling his gun on his finger like they did in the old western movies. Therein comes the first lie from the State Attorney’s Office.

The following day on December 13, 2014 William Dehayes married his girlfriend Christine Erickson. A little coincidental the day after I was told they would not prosecute Dehayes. It was Christine’s children who witnessed my daughter’s death.

Being beyond devastated and on the brink of a breakdown, my friend suggested I contact some gun groups to see if they could help me get justice for my daughter and grandson. She gave me a few groups to look into. She encouraged me not to lose hope and to fight it. The fight begins.

On December 23, 2014, I started contacting officials. I wrote a letter to State Attorney Brad King.

Dear Mr. King,

I am writing to you to ask for your help in getting justice for my daughter and grandson (Katherine Bryan Hoover and Rehlin Lee Hoover).

On July 26,2014, My daughter Katherine who was five months pregnant and her husband Carson went to visit William DeHayes at 20097 Suncrest Drive Brooksville, Fl. Mr. DeHayes is an avid gun enthusiast and claims to follow gun safety. He was showing off his collection of weapons to Carson. He checked all his guns to make sure they weren’t loaded except for the .22 caliber revolver which killed my daughter and her unborn baby.

According to his statement to the sheriffs he was twirling the gun in his hand when it went off, however, the gun was loaded and cocked when he was twirling it. Mr. DeHayes’ revolver was pointed at my daughter when it went off and shot her in the head.

According to the FDLE the gun was not defective and according to a gun shop owner Doug Jackson co-president of Bill Jacksons Shop for Adventure in Pinellas Park “Keep your finger off the trigger and gun cannot fire unless your fingers on the trigger.”

The State Attorneys’ Office declined to prosecute stating it would not hold up under the Appellate or State Supreme Court rulings. He also said it happened in the mans house so discharging a firearm doesn’t apply. I requested it be given to a Grand Jury to decide whether charges could be filed. Assistant State Attorney Peter Magrino said No. I told him if he was too afraid of the higher courts to give it to someone else to review for prosecution and he said No. I asked if there was someone higher than him I could speak with he said No. Mr. Magrino advised to take it to Civil Court that there is no way it would go to a Criminal Court.

I understand there are many factors in considering charges, however, he was reckless and negligent in his behavior. First off, not checking the weapon when he did with the prior guns he was showing off is negligent. Then having children in the household and not having the guns locked up and out in the open is reckless. Everyone knows when you tell a child not to do something they do it anyway. It doesn’t matter how good of a child they are it is an attractive nuisance. Playing with guns in a house while the gun is loaded is dangerous. Since he is such an avid gun enthusiast he should know the NRA safety rules for owning a gun and should have practiced it. You don’t twirl a gun or point a gun at anyone. Whether it was an accident or not he should be held accountable for his actions. Please help me in getting justice for my daughter and grandsons.

Then in January I got this letter from Brad King:

After receiving this letter I decided to contact some groups for help. I joined Moms Demand Action to Prevent Gun Violence, The Coalition to Prevent Gun Violence and any gun organization I could find on the internet. Finally in February 2015, I decided to start a petition on Change. Org to get enough people behind me who felt the killer should be charged and help lawmakers do there job. I would learn that it means nothing to the lawmakers or politicians in Florida.

February 20, 2015, I wrote a letter to Governor Rick Scott asking for help and once again explained what happened and requested he appoint a special prosecutor to review the case and bring charges.

On March 4, 2015 this is the reply I received from Governor Rick Scott’s Office.
Dear Ms. Bryan, 
 
Thank you for contacting Governor Rick Scott requesting the appointment of a special prosecutor. Governor Scott is sorry to learn of the death of your daughter and grandson and expresses his sincere condolences. The Governor asked me to respond on his behalf. 
 
Florida law gives the Governor the authority to assign state attorneys from one jurisdiction to prosecute crimes in another jurisdiction. This authority is appropriate in unusual situations, typically when the state attorney informs the Governor there is a conflict of interest within the office, and he or she cannot be impartial. This authority, however, is not designed to allow the Governor to review or second-guess the actions of the state attorney. 
 
The Florida Constitution limits the Governor’s intervention in criminal 
investigation and prosecution. The state attorney is an elected official 
charged with certain discretionary duties, including the duty to determine whether or not it is appropriate to prosecute any particular crime committed within his or her jurisdiction. This decision is based on the quality and quantity of the evidence of guilt shown, and in the best interest of justice. 
 
The state attorneys operate independently of the Governor’s Office, and as elected officials, they answer only to the voters of their individual 
jurisdictions. To assist you, I forwarded your correspondence to the state attorney’s office for their review.

The person who can best answer your legal questions and concerns is a private attorney. The Florida Bar offers a Lawyer Referral Service which you may contact by calling toll-free at (800) 342–8011, or by writing to the address below. 
 
The Florida Bar 
651 East Jefferson Street 
Tallahassee, Florida 32399–2300 
www.floridabar.org 
 
Thank you again for contacting the Governor’s office. We are sorry for your loss. 
 
Sincerely, 
 Barbara Traylor 
Office of Citizen Services 
Executive Office of the Governor

After receiving this letter from the Governor’s Office I felt once again my family and I had been victimized. I could not rationally think of how they say it was an “accidental shooting”. Isn’t the first rule of owning a gun knowing the rules to own a gun? I think every person who owns or plans to own a gun should have to pass a safety course before they own a gun. How can someone kill two people and not be prosecuted. I am by no means a stupid woman, at one point of my life I wanted to be a lawyer and studied at Saint Petersburg College for several years before I finally realized that you are guilty till proven innocent and quit school. Once you lose confidence in something you believed in so strongly your beliefs and dreams are destroyed. You can no longer live by what you once believed in.
 
I was praying for the State Attorney to review the case again since the Governor's office said they would forward it to Brad King and hopefully he would bring charges against Dehayes. As an avid reader of the Florida Statutes I started researching the Laws of Florida for the charges that he should be charged with. I even searched Case Law to find similar cases. I had a law professor from Chicago write a blog on my daughter’s case to teach his law students about Culpable Negligence and how the State Attorney’s office was wrong in his decision not to prosecute for Manslaughter as the crime meets the criteria of Culpable Negligence.
 
Florida Statutes Chapter 782 is Homicide.

After researching the Statutes and case law I found the Statues 782.07 Manslaughter, 782.09 killing of an unborn child by injury to the mother and 790.15 Discharging a firearm in public or residential property. Per the Statutes: A dangerous weapon is any object, instrument or weapon that is inherently deadly or dangerous or one that is used in such a way that is capable of causing and likely to cause death or great bodily injury. 
Per the Statutes:A person acts with criminal negligence when: 
1.He or She acts in a way that creates high risk of death or great bodily 
injury. 
And 
2. A reasonable person would have known that acting in that way would create such risk. 
In other words, A person acts criminally negligent when the way he or she acts is so different from how an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.

After all my research and finding the detective who handled the case did not follow protocol I was livid with anger. I decided I would do another letter with all the research I found to prove to the State Attorney and the Assistant State Attorney that I was not just a grieving mother and grandmother but I knew what I was talking about. I had attorney Maria Kazouris help me with it. A couple weeks later I spoke with the Assistant State Attorney Peter Magrino. Once again he advised he would not bring charges against the man, that what happened was not a criminal act and to sue the man in civil court. He also said again the case would never make it to a criminal court. 
 
As you can believe I was horrified that someone could kill someone must less a pregnant woman and get away with it. After all the information I gathered and with the help of attorney Maria Kazouris I wrote another letter to Governor Scott on September 15, 2015. The reply I received Thank you for contacting Governor Rick Scott.

Due to the volume of emails sent to the Governor, there may be a delay in responding to your e-mail. You may wish to view the Governor’s web site, www.FLGov.com, which provides information on current issues and answers to frequently asked questions.

Thank you again for taking the time to contact Governor Scott.

Governor Scott encourages Floridians to have a disaster preparedness plan. For information, please visit the Florida Department of Emergency Management’s Web site at www.floridadisaster.org. Information about county emergency management agencies and other helpful resources can be obtained at http://www.floridadisaster.org/DEMcom.asp#Quick

Office of Governor Rick Scott

www.FLGov.com

I was so shocked from the response I received from the Governor’s office I decided to write a letter to the Attorney General Pam Bondi begging for help. I also sent a letter to Brad King State Attorney for Hernando County . Here’s what I wrote:

July 22, 2015

RE: JUSTICE FOR KATHERINE BRYAN HOOVER AND REHLIN HOOVER

Brad King, State Attorney

Fifth Judicial Circuit Of Florida

110 NW First Avenue Suite 5000 Ocala, Florida 34475

Dear Attorney King:

This letter serves in response to your letter dated January 13 and follows my letter of March 4, 2015 forwarded from Governor Rick Scott’s office. The letter regards William Dehayes killing my 25 year old pregnant daughter, Katherine Bryan Hoover and her unborn son, Rehlin leaving behind her 7 year old son, Nicholas whom I am now raising.

You may recall from our prior exchanges on the matter, while Katherine and her husband were visiting Dehayes on July 26, 2014, Dehayes decided to play with his loaded gun collection twirling them he says “like a cowboy would” while impaired by the methadone and Lortabs that he had been taking. This is according to Dehayes’s own testimony.

Police responding to the scene did not test his blood to determine the levels of either drug arguably contrary to Florida Statutes §790.155(1)(a) which states that if a firearm was used by a person under the influence of controlled substances and has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the presence of controlled substances therein.

Why wasn’t Dehayes tested? When a grown man sits playing Cowboys & Indians with live weapons before a pregnant woman and children, I think his state of mind should be questioned and at the very least it should be considered an “improper exhibition of a dangerous weapon” contrary to Florida Statute §790.10.

Then because Dehayes failed to clear the chamber of bullets, when he pulled the trigger, the firearm very predictably discharged sending a bullet straight into Katherine’s

RE: Justice for Katherine Bryan Hoover and Rehlin Hoover Pg. 1 of 5

temple causing her death mere hours later and the child she was carrying died 41 short minutes after birth by emergency C-Section.

Now, according to law, a person is guilty of manslaughter if: 1) the victim is dead and 2) that the death was caused by the act, procurement, or culpable negligence of the defendant. Culpable negligence is the duty to act reasonably towards others by consciously doing an act or following a course or conduct that the defendant must have known or reasonably should have known was likely to cause death or great bodily harm. FS §782.07 or FS §784.05. This shooter’s actions seem culpable to me.

Likewise, negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.

A reasonable person would not admittedly consume methadone and Lortabs then proceed to twirl a live firearm in the presence of 2 women, 3 children and another man. To be sure, any responsible person handling a gun treats every firearm as if it’s live unless and until the magazine is removed and the slide is locked clearly exposing the entire chamber. We know Dehayes had been exhibiting other firearms but we are unaware the type. The firearm that killed Katherine was a revolver which presumably has no magazine and therefore, safe handling requirements oblige ejecting the cylinder before handling it in the presence of others. Absent dismantling in this way, all firearms must be treated as live at all times.

Now, I’m no forensic scientist but, Katherine was approximately 5’3” standing and 46” seated; the bullet struck her temple at perhaps 44” height. What reasonable person would pull the trigger of a firearm at a 44” height trajectory unless he expected it to hit someone? Keep in mind there were 2 women, 3 children and 1 other man present in the home.

Let’s not forget, that he collects firearms so he should be held to a higher standard and at the least recognize that of 10 common safe gun handling rules, he violated the top 4 as outlined by the National Shooting Sports Foundation.

Firearms Safety — 10 Rules of Safe Gun Handling

1. Always Keep The Muzzle Pointed In A Safe Direction

2. Firearms Should Be Unloaded When Not Actually In Use

3. Don’t Rely On Your Gun’s “Safety”

RE: Justice for Katherine Bryan Hoover and Rehlin Hoover Pg. 2 of 5

4. Be Sure Of Your Target And What’s Beyond It

5. Use Correct Ammunition

6. If Your Gun Fails To Fire When The Trigger Is Pulled, Handle With Care!

7. Always Wear Eye And Ear Protection When Shooting

8. Be Sure The Barrel Is Clear Of Obstructions Before Shooting

9. Don’t Alter Or Modify Your Gun, And Have Guns Serviced Regularly

10. Learn The Mechanical And Handling Characteristics Of The Firearm You Are Using

Further, I would beg to differ from your statement that “the process of lowering the hammer . . . requires putting pressure on the trigger . . . “ Lowering the hammering can be achieved by setting the safety without firing the pin but, before considering either of those things, a reasonable person would lower the barrel to point at the ground, confirm there is no ammunition in the weapon then release the hammer or lock the slide. Dehayes actions were the furthest thing from reasonable or safe and again, I would submit that his actions were improper, negligent and culpable. For that matter, why was the hammer cocked in the first place? This is also a fundamental violation of safe firearm handling etiquette.

Does it continue to be your position that Dehayes behaved as a reasonable man would?

Consider the following:

1) Justice Levine’s order in Hosnedl v. State, 126 So.3d 400 (Fla. App., 2013) in which he writes: “A firearm is a deadly weapon, and firing a firearm constitutes deadly force …“ This is so whether the firing was intentional or not.

2) The nearly indistinguishable matter in Sapp v. State, 913 So.2d 1220 (Fl, 2005), where Robert Sapp was tried by jury and convicted of manslaughter for the shooting death of his friend, Steven Smith whom he admitted to shooting by accident while impaired on alcohol, marijuana, Xanax and cocaine. The only difference being that Dehayes was impaired by methadone and Lortabs.

3) The Broward County Case of Dallas Seymour (2013–009529CF10A) who accidentally shot and killed his tenant, Darryl Keith Hardnett during a friendly group gathering at Seymour’s home where there was talking and laughing. Seymour started playing with a small pistol, putting the clip in, taking it out, and pointing it at people. Then Seymour went toward the TV and set the gun down while he looked for something in his pocket. When he grabbed the gun again it went off striking Hardentt in the head and causing his death. Seymour was convicted of 2nd Degree Murder and will serve 20 years followed by 5 probation including a minimum $3,095 restitution. See also, Seymour v. State, 132 So. 3d 300 (Fla. App., 2014).

4) The Lake County Case of Terrell Purley (2012 CF 000481) who merely grazed his friend’s head when his weapon accidentally discharged as he sat home playing with

RE: Justice for Katherine Bryan Hoover and Rehlin Hoover Pg. 3 of 5

the firearm and watching TV with the friend. Purley was charged with Shooting at, within, or into a dwelling and Evidence Tampering. After a plea of Nolo, he was adjudicated guilty and sentenced to 9 months county followed by 5 years probation and ordered to pay $10,858.28 for restitution. Florida Statutes §790.19.

5) The foregoing are but a few examples that support the prosecution of Dehayes that when viewed as a judge would — in light most favorable to the state — would support his conviction. Let the jury decide -as so many of us believe- that Dehayes actions are consistent with the culpable conduct necessary to sustain proof of manslaughter under FS §782.071.

I also have several concerns about the investigative handling of this case incorporated as endnotes 2,3,4,5,6.

Clearly, there are major problems with Katherine and Rehlin’s case. Therefore, I started a petition to encourage you to investigate anew, review the evidence, and compare other case law so that you would reconsider filing charges and bring Dehayes to justice. A copy of the petition with over 6700 signatures from people who agree with me is enclosed.

In closing, my daughter and grandson are the innocent victims of Williams Dehayes’s criminally negligent acts, yet he walks free while they lie dead and buried, grieved for by all who knew and loved them. Katherine and Rehlin’s rights were violated; they didn’t deserve to die and at 51 years old, young Nicholas and I are on our own with little to no income and depleted savings from paying for both funerals.

Dehayes must be held accountable for his actions in causing their deaths. Again, I implore you to help my family find justice and closure by either prosecuting Dehayes for the many crimes that he’s committed or sufficiently explain to me how seemingly identical situations that have been prosecuted somehow differ from Katherine and Rehlin’s.

Thank you in advance for your time and attention to this matter.

Sincerely,

Donna Bryan

RE: Justice for Katherine Bryan Hoover and Rehlin Hoover Pg. 4 of 5

Cc:Governor Rick Scott Attorney General Pam Bondi

Attachments Enclosed:

Hosnedl v. State, 126 So.3d 400 (Fla. App., 2013) ! ! Seymour v. State, 132 So. 3d 300 (Fla. App., 2014)! ! Sapp v. State, 913 So.2d 1220 (Fl, 2005)

Florida Statutes §782.07, §782.09, §784.021, §784.05, §790.10, §790.15, §790.155 Illinois University of Law, Professor Eric Johnson case review! Petition!

RE: Justice for Katherine Bryan Hoover and Rehlin Hoover Pg. 5 of 5

1. The culpable conduct necessary to sustain proof of manslaughter under FS §782.07 is of a “gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them.’’ Cannon v. State, 91 Fla. 214, 221, 107 So. 360, 363 (1926).

2. Dehayes’s blood should have been checked for alcohol or narcotics levels when he was sent to the hospital. Florida Statutes §790.155(1)(a)

3 Dehayes should have been taken into custody and questioned immediately rather than several days after the shooting.

4 Child Protective Services should have been called to investigate Dehayes, given that he was playing with guns as though they were harmless toys while his children were in the home. This is true, despite his additional admission that he leaves his weapons out in the open where the children have access to them (“the boys know not to touch them,” he says in his interview at the Sheriff’s office). Florida Statutes §790.10

5 The role of my son-in-law Carson Hoover, who was present at the time of Katherine’s shooting, has not been investigated adequately, despite the text message records I have regarding her fear that something bad might befall her because Carson had been angry with her.

6 In the recording from the interview room at the Sheriff’s office, the detective advises Dehayes that Katherine and Rehlin’s deaths were due to an accidental shooting. The detective was coaching Dehayes, who mentions his longtime friend Sgt. Holbrook talked to him about the case, after-which the detective admits he knows who Sgt. Holbrook is and then deters the conversation. This seems irregular, evinces bias and lack of objectivity, coercion, witness tampering and conspiracy etc. This should be investigated.

The letter I received back from Brad King stated that the cops didn’t think he was high. (I am glad the Deputies are doctors as well). Being the man shot someone and killed them don’t you think the blood should have been checked since they were sending him to the hospital anyway for anxiety? I am sure his then girlfriend who is now his wife is so glad it wasn’t one of her boys who was shot and killed. William Dehayes does state in the interview tape that he keeps his weapons in the home unlocked because the boys ages 11 and 14 know better than to touch them. He also said he sits in his house twirling the gun like a gunslinger with the kids in the house. Being there was children in the home at the time of this incident the sheriff's office should have contacted Child Protective Services which they never did per detective Breedlove.

According to the Child Protective Services, the Sheriff's, Detectives 
and State Attorney's office are all mandatory reporters. I was then told that being Dehayes was never charged with a crime he could get all his weapons back from the sheriff's office. This man who killed my daughter didn’t even get a slap on the hand, he is actually getting away with killing my daughter and grandson. 
 
I have never heard of someone getting away with killing someone and not even being arrested for it. I know there are a lot of loopholes in the law and I do not think it is fair or just that my daughter and grandson was killed and no one will prosecute the man who did it. I feel my daughter deserves justice she did nothing to deserve being killed and neither did my grandson. Why should my grandson Nicholas not get justice for his mommy’s and brothers death? I find it interesting someone in Hillsborough County did something similar and was 
arrested. A person drowns a dog and charges are filed. Drunk Driving gets you arrested. 
 
While checking on the internet I came across a website called Ripoff.com and interestingly enough there is a complaint in there against the State Attorneys Office of Hernando. 
 
These events have caused a severe financial burden on me and my family. Now financially broke. Where do I turn for help? I feel like I am losing my mind. People say God does things for reasons we don’t understand. I don’t understand. I miss my daughter and grandchildren so much it is a struggle to get up everyday. I pray no one has to go through as much grief as I have. 
 
 People have gone to jail for lesser crimes. This was a crime of taking two peoples life and he should be punished.

Me with Senator Wilton Simpson

June 26, 2015- I met with Senator Wilton Simpson to ask for his help. I was extremely nervous. I have never been into politics or even followed it but thought maybe he could help. He was a very nice man and seemed to be interested in hearing my story. His office staff were polite and accommodating. I gave him a copy of my paperwork and he said he would look into it. I should have known I was getting lip service cause he was so nice and caring. Needless to say it went nowhere and he didn’t help me.

Me, Gus Bilirakis and beautiful Maria Kazouris

After much arguing with Gus Bilirakis office staff to get a sit down with him. I finally got to meet with Representative Gus Bilirakis with my new friend who is super smart, beautiful and an attorney Maria Kazouris.

AUG 30, 2015 — We met with Congressman Gus Bilirakis and he has advised his office will assist with the other politicians (Senator Wilton Simpson, Congresswoman Amanda Murphy, Congressman Blaise Ingoglia, Congressman Danny Burgess)I spoke to him about getting the law changed. The Law is to make people accountable for their actions.Ex: Twirling gun like a cowboy while loaded and killing someone is no different than someone who drinks and drives or someone under the influence of drugs.

I made an appointment to meet with State Attorney Brad King for Sept 16th 2015 to discuss this case. I wrote to Sheriff Nienhus in asking an Internal Affairs investigation be done on the Detective who had not followed protocol. I contacted Pam Bondi and Governor Rick Scott again as well.

I sent Brad King additional information on the case - the case was not properly investigated and needed to be reviewed again. I was told by Brad King “I will read the documents but honestly the petition will not make a difference. I don’t decide cases on public opinion but on the facts and law. You can keep the flash drive and I will look at the cases.” Apparently Public Opinion doesn’t matter to Mr. King so please remember this when you go to the polls when he is up for reelection. I did forward it to the Governor cause public opinion should matter to politicians. The people are the ones to elect them into office and if their opinion doesn't matter then they don’t belong in public office cause they are not standing up for the people.

SEP 16, 2015 — Today I met with the State Attorney Brad King, He’s the man in charge of prosecuting my daughter and grandson’s killer. I asked him if he went over the information I sent him and he said he did but the bottom line is he will not prosecute even though he received copies of similar cases that were prosecuted all over Florida. The only thing he said is that the deputies who were there did not think he was high so they didn’t blood test him. He also said that no crime has been committed and he would not prosecute. I asked for a grand jury to review the case and make a decision and he said No because he was there law adviser and since he did not feel a crime has been committed he can not convene a grand jury. He also said that this petition which is public opinion is better sent to the Governor as public opinion matters to him (The Governor) and not his office. I then said let me get this correct your telling me that Florida allows for legalized murder and asked if I could go get a gun and play cowboy, kill some people and get a free pass. He said it depends on the circumstances as there are alot more then just the statutes to consider charges. I then let him know the letter that was written to him was done by a former prosecutor and a former lawyer who protected cops. He looked surprised but then masked his face. He told me he knows how to divorce his feelings from emotions. I asked who is suppose to protect my daughter and grandson’s rights since criminals have all the rights. My daughter and grandson did not ask to be killed. He said stupidity doesn't equal manslaughter and negligent homicide is a civil matter. His best advice was to forget the money I have laid out in funerals, become a foster care parent and then I would get 200.00 a month from welfare for my grandson and file a civil suit against the man who killed my daughter and grandson. So I guess my state allows baby killers and killers to run free if they are stupid and on medications. I guess only intelligent people get punished. I am beyond devastated and furious.

OCT 2, 2015 — I updated my petition in pursuit of justice for my pregnant daughter who was shot and killed. I now have over 10,200 signatures and plan to keep going with this until justice is served. This is not a petition against the second amendment or gun control it is about holding people responsible for their actions and making them responsible for taking the lives of others whether intentional or not. As a child if you did something wrong your parents punished you whether intentional or accidental. It taught you the consequences for your actions and made you responsible for your conduct which made you a better person. Not holding this person responsible even though the law says he should be held criminally accountable shows corruption and makes it legalized murder.

Legalized murder is taking the life of someone or more than one and getting a free pass from justice or not being punished. There are rules for owning a gun and he violated everyone of them. He has made every responsible gun owner who claims to be a member of the NRA (National Rifle Association) look stupid as he did not even follow the protocol of the NRA, which has a big influence in our political society with all the money they donate. The investigation of my daughters case wasn’t investigated.The detective decided the outcome of the case before he even investigated it. He said it was accidental. Why would you play with guns after taking dangerous narcotics? with children in the house not even 50 feet from where you're standing?

In an interview with WFMY news 2 his father Don Dehayes stated “He accidentally aimed the gun at her head.” How is that accidental? Doesn’t the rules of guns say they should never be pointed at someone unless in self defense? When a grown man sits playing Cowboys & Indians with live weapons before a pregnant woman and children, I think his state of mind should be questioned and at the very least it should be considered an “improper exhibition of a dangerous weapon” contrary to Florida Statute §790.10.

The Fl Statute 782.09: killing of unborn child due to injury of the mother has been ignored by the State Attorney. My daughter and grandson are the innocent victims of Williams Dehayes criminally negligent acts, yet he walks free while they lie dead and buried, grieved for by all who knew and loved them. Katherine and Rehlin’s civil rights were violated; they didn’t deserve to die and at 51 years old, young Nicholas and I are on our own with little to no income and depleted savings from paying for both funerals. Dehayes must be held accountable for his actions in causing their deaths. Again, I implore you to help my family find justice and closure by either prosecuting Dehayes for the many crimes that he’s committed or sufficiently explain to me how seemingly identical situations that have been prosecuted somehow differ from Katherine and Rehlin’s.

A law professor and several other criminal attorneys can not be wrong in their assessment of the case and have submitted proof of their analysis that is continually ignored by the State Attorney which leads me to one conclusion if you know someone in the sheriff's office you are immune from prosecution cause everyone knows cops stick together and Brad King was a cop before he became a lawyer. Can the synopsis be there is corruption in Hernando County in the Sheriffs and State Attorneys Office. I have contacted the Governor (several times with no reply or assistance) Attorney General Pam Bondi (several times with no reply no assistance) Several Congressman and Congresswoman Amanda Murphy and two Senators. Is the State of Florida really allowing baby killers to go free? What good are the Statutes if they are not used to uphold the law?

NOV 4, 2015 — I had a meeting with the Hernando County Sheriff's Office in regards to the letter I wrote them over my concerns:This is the letter I sent to the Sheriff:
Ref: Katherine Bryan Hoover and Rehlin Hoover

Sheriff Al Nienhuis 
18900 Cortez Blvd 
Brooksville, Fl 34601

Dear Sheriff Nienhuis:

This letter is in regards to William Dehayes killing my 25 year old pregnant daughter, Katherine Bryan Hoover and her unborn son, Rehlin leaving behind her 7 year old son, Nicholas whom I am raising.

Katherine and her husband were visiting Dehayes on July 26, 2014, Dehayes decided to play with his loaded gun collection twirling them he says “like a cowboy would” while impaired by the methadone and Lortabs that he had been taking. This is according to Dehayes’s own testimony to Detective Breedlove.

Police responding to the scene did not test his blood to determine the levels of either drug arguably contrary to Florida Statutes §790.155(1)(a) which states that if a firearm was used by a person under the influence of controlled substances and has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the presence of controlled substances therein.

Why wasn’t Dehayes tested? When a grown man sits playing Cowboys & Indians with live weapons before a pregnant woman and children, I think his state of mind should be questioned and at the very least it should be considered an “improper exhibition of a dangerous weapon” contrary to Florida Statute §790.10.

Then because Dehayes failed to clear the chamber of bullets, when he pulled the trigger, the firearm very predictably discharged when pulling the trigger, sending a bullet straight into Katherine’s temple causing her death mere hours later and the child she was carrying died 41 short minutes after birth by emergency C-Section.

Now, according to law, a person is guilty of manslaughter if: 1) the victim is dead and 2) that the death was caused by the act, procurement, or culpable negligence of the defendant.

Culpable negligence is the duty to act reasonably towards others by consciously doing an act or following a course or conduct that the defendant must have known or reasonably should have known was likely to cause death or great bodily harm. FS §782.07 or FS §784.05. This shooter’s actions seem culpable to me.

Likewise, negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.

A reasonable person would not admittedly consume Methadone, Lortabs and Soma then proceed to twirl a live firearm in the presence of 2 women, 3 children and another man. To be sure, any responsible person handling a gun treats every firearm as if it’s live unless and until the magazine is removed and the slide is locked clearly exposing the entire chamber. We know Dehayes had been exhibiting other firearms but we are unaware all of the types he owns. The firearm that killed Katherine was a revolver which presumably has no magazine and therefore, safe handling requirements oblige ejecting the cylinder before handling it in the presence of others. Absent dismantling in this way, all firearms must be treated as live at all times. We also know he has no gun permit per Detective Breedlove for the .9 mm glock he owns and shows off on Facebook.

Now, I’m no forensic scientist but, Katherine was approximately 5’3” standing and 46” seated; the bullet struck her temple at perhaps 44” height. What reasonable person would pull the trigger of a firearm at a 44” height trajectory unless he expected it to hit someone? Keep in mind there were 2 women, 3 children and 1 other man present in the home.

These are my concerns about the investigative handling of this case: Clearly, there are major problems with Katherine and Rehlin’s case.

Therefore, I started a petition to encourage the State Attorney Brad King to investigate anew, review the evidence, and compare other case law so that he would reconsider filing charges and bring Dehayes to justice. The petition has over 7500 signatures from people who agree with me. There were many people who commented and aired there complaints about the Hernando County Sheriff’s Office not investigating cases properly. One such case is the Michelle O’Connell case. It was ruled a suicide and later found to be a murder.

The culpable conduct necessary to sustain proof of manslaughter under FS §782.07 is of a “gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them.’’ Cannon v. State, 91 Fla. 214, 221, 107 So. 360, 363 (1926).

Dehayes’s blood should have been checked for alcohol or narcotics levels when he was sent to the hospital. Florida Statutes §790.155(1)(a)

Dehayes should have been taken into custody and questioned immediately rather than several days after the shooting.

Child Protective Services should have been called to investigate Dehayes, given that he was playing with guns as though they were harmless toys while his children were in the home. This is true, despite his additional admission that he leaves his weapons out in the open where the children have access to them (“the boys know not to touch them,” he says in his interview at the Sheriff’s office). Florida Statutes §790.10

In the recording from the interview room at the Sheriff’s office, the detective advises Dehayes that Katherine and Rehlin’s deaths were due to an accidental shooting. The detective was coaching Dehayes, who mentions his longtime friend Sgt. Holbrook talked to him about the case, after-which the detective admits he knows who Sgt. Holbrook is and then deters the conversation. This seems irregular, evinces bias and lack of objectivity, coercion, witness tampering and conspiracy etc. This should be investigated.

In closing, my daughter and grandson are the innocent victims of Williams Dehayes’s criminally negligent acts, yet he walks free while they lie dead and buried, grieved for by all who knew and loved them. Katherine and Rehlin’s rights were violated; they didn’t deserve to die and at 51 years old, young Nicholas and I are on our own with little to no income and depleted savings from paying for both funerals. I also come from a family full of Law Enforcement who also agree with me.

Thank you 
Sincerely, 
Donna Bryan

I am now waiting on a call back from the FDLE who promised to call me back last week but didn’t so my next step is to contact the FBI to try and get them to investigate this Corrupt Justice System and its Officials in Hernando County.

Mother Continues to Seek Justice for Slain Daughter — WARNING GRAPHIC VIDEO

HERNANDO — While most families are making plans to…

http://www.rnrfonline.com

NOV 23, 2015 — News Coverage

William Dehayes my daughter and grandson’s killer. This was his photo on facebook

http://www.wtsp.com/news/crime/mother-seeks-charges-in-death-of-woman-unborn-child/47817194

http://www.wctv.tv/home/headlines/Birthday-Celebration-Turns-Into-Accidental-Shooting-275196361.html

DEC 12, 2015 — A man named Eric Stayton killed his sister by twirling a loaded gun under the influence of alcohol in September 2014. Eric lives in Tallahassee Fl which is approximately 3.5 hours away from Hernando, FL where my daughter and grandson were killed. Eric was prosecuted for manslaughter for the death of his sister. Eric was twirling a loaded gun like a cowboy would under the influence of alcohol. It is my understanding of the law, that it is the same for everyone in the whole state. Eric Stayton did not get a free pass on killing his sister even though he did not pull the trigger. The gun dropped while he was twirling it and went off when it hit the ground sending a bullet into his sister.

Can Someone please tell me Why Legalized Murder is not prosecuted in Hernando County? I have asked Brad King. This is my email to him September 18, 2015 after I wasted my time driving 2.5 hours to his office.

Dear Brad King:

I wanted to thank you for taking the time to see me. I was very nervous and anxious going up there so I did forget to ask some things. So I would like to ask you now

Why is it not a crime what Dehayes did to my daughter and grandson?

How does the Fl Statute 782.09: killing of unborn child due to injury of the mother not apply to this case he did shoot her and the baby did live 41 minutes and then died?

How is this case not “Culpable Negligence” when Justice Levine say “negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.”

Who is suppose to protect the innocent victims?

You said the petition doesnt matter cause you go on what the law says isn’t law made on public opinion?

How is Professor Johnson wrong in his analysis of this case?

How is the statues which I feel he should be prosecuted on not correct?

How are the cases that I gave you not similar to this case?

Why wasn’t my son in law investigated when he hasn’t seen or talked to this man in a long while?

I do believe this case has been messed up or purposely messed up by the Sheriffs office

I would appreciate you answering my questions and replying to my letter I sent you.

Again Thank you for your time

Sincerely,

Donna Bryan bereaved mother of Katherine Bryan and grandmother to Rehlin and Jade

This was Brad Kings reply:

Ms Bryan,

I gave you the courtesy of nearly an hour of personal time in which we talked about each of these matters. I did that to give you some sense of closure in that I had considered each of the items that you raised and responded to them. The final take away from our meeting was that there would be no criminal charges and that you were going to work to try to change the law. I do not intend to keep reiterating in different forms what I have previously told you.

Sincerely,
Brad King

(Obviously, if he answered my questions I would not be asking him again so I could explain it to my husband.)

I also met with Hernando County Sheriff’s Office as I feel they screwed up the investigation and here’s what happened on October 17, 2015.

There were Five men in the room. The major, the captain, the supervisor, the detective breedlove and a new lieutenant. They admitted they made a mistake by not calling Child protective services. The Major said everyone makes mistakes but we correct them and move on. He said he reviewed the case and had questions and he said he called the state attorney to get the answers to his questions. He said he was told about the appellate and supreme court stuff and that the reason they couldn’t charge Dehayes under the statute of 782.09 killing of unborn child because the state attorney said no crime had been committed to the mother. He said they didn't take a blood test cause he appeared fine and he was having chest pains so they sent him to the hospital but did not ask for the blood test as he did not appear to be under the influence. They did not investigate Carson as he was a wreck and they felt he had nothing to do with it. They said that Sgt. Holbrook who is no longer with the department he has no standing with the department. He said he could reopen the case but he won’t not without additional evidence. He said they gave a culpable negligence case to the State Attorney but the State Attorney declined to prosecute. He thinks I don't like what they were saying. I told him I believe the case was handled wrong and I asked why Peter Magrino said that she was killed when Carson handed the gun to Dehayes but in the interview video Dehayes admitted he shot her when he was playing tricks with the gun not when it was handed between the two and he said he couldn't answer that I would have to question Magrino but he tried to reassure me that Magrino views all the tapes before he will file charges against someone. I have not heard back from the FDLE yet. I can tell you before we got there they were all in the room together and Breedlove who said nothing looked like he was going to cry and looked like he had been rolled over the carpet before we went in to the meeting. He was also doing alot of writing while we were in there talking. The Major also had written some things down as well. I also told him he could take all the work I had and to please look at it and he will see what I was talking about but he wouldn't, I also quoted the Honsedl v. State. He thanked me for not being a lunatic and staying calm. They stayed in the room after we left we were there an hour and half. He said all he could tell me was to get the law changed because they will not reopen the case.

I then contacted the FDLE(Florida Department of Law Enforcement) I spoke to a nice supervisor Brenden Shaley who advised they will not reopen the case because Hernando Sheriff’s Office has already admitted to what they did wrong and they have a plan in place to fix it.

I have been to Governor Rick Scott , Attorney General Pam Bondi, Senator’s Simpson, Nelson and Rubio. Congresspeople Blaise Ingoglia, Amanda Murphy, Gus Bilirakis, Danny Burgess. I have been told I would be helped and none have gotten back to me.

I have now learned about tweeting on twitter and am tweeting every last Governor, Senator, and Congresspeople. I think the politicians forget they are suppose to work “ for the people” we are the ones who elect them into office and we are the ones who can elect them out.

You tell me How fair is our justice system? Why is the one man prosecuted and the other not? I think the Hernando County Sheriff’s Office needs to be investigated and definitely the Hernando County State Attorney’s office. When is Florida’s Corrupt Judicial System going to get cleaned up. Why is it that the lawmakers and politicians all know of the corrupt justice system yet no one tries to fix it? Why does the public keep electing officials that they know are corrupt? I strongly feel the people in the State Attorney’s Office in Hernando are covering something up.

JAN 11, 2016 — I am currently waiting to hear from the US Attorney General Lee Brantly. A copy of the letter I have sent to him and am currently trying to get assistance from the news and media. I have contacted all the Florida Senators and Congressmen/women with my plight for justice and the corruption in this state.

Dear Mr. Bently,

I am writing because I need help! On July 26, 2014, my 25-year-old daughter Katherine Bryan Hoover and her husband went to visit her husband’s friend, 35-year-old William DeHayes, at his home in Brooksville, Florida. During their visit, DeHayes decided to show off his gun collection. His subsequent recklessly negligent actions would prove fatal to my daughter, as well as to her unborn son, Rehlin. My devastated family and I are seeking justice on their behalf.

Here’s what happened that horrible day. When DeHayes began showing off his gun collection, he checked the first several guns to ensure they weren’t loaded. But when he pulled out his .22 caliber revolver, he neither checked to see if the safety was on, nor if it was loaded — an act of complete and utter negligence.

While showing off this unchecked .22 caliber revolver to his visitors, DeHayes began twirling the revolver in his hand like a gunslinger, in an incredibly cavalier manner (“kinda like a cowboy would,” he later told police). He was pointing the revolver in Katherine’s direction. The gun was cocked and loaded. As DeHayes twirled it on his finger, it discharged, shooting Katherine in the head.

Katherine was rushed to the hospital, where she died a few hours later. Doctors delivered her unborn son, Rehlin, via emergency C-section, but as he was only at 5 months’ gestation, he lived a mere 41 minutes before dying, as well.

My family and I are bereft at these senseless, tragic, and completely preventable losses.

I rushed to the hospital to be at Katherine’s side, and I cannot tell you how traumatic the entire experience was. I’ve never seen so much blood before in my life as I did that night. Watching my baby girl leave this world and remembering the joy of when she came into this world, I thought I was going to die right there beside her. I begged and pleaded with the doctors to save her, even though I knew in my head that they couldn’t do anything for her. My heart just couldn’t accept it.

Katherine also left behind a beautiful little boy, Nicholas, who is 7. He will have to endure a lifetime without his loving, devoted mother — all because of DeHayes’ negligence.

Making matters worse, because investigators say that Katherine’s death was due to an “accidental shooting,” they have declined to charge DeHayes, despite the fact that drug paraphernalia (specifically, a bong) was at the crime scene — and despite the fact that DeHayes essentially admitted in his interview with the Hernando County Detective Breedlove to a pattern of negligence and that approximately 45 minutes before the shooting he had taken Methadone, Lortabs and Sonoma. Which is in the recording of his interview with the detective. In the interview Dehayes states:

“I haven’t slept in three days trying to figure out how the hell [the gun] went off. I don’t know. I mean them damn guns. The shotgun goes off when it wants to. I almost blew my damn head off twice.”

Excuse me, but shotguns don’t go off when they “want” to. Shotguns go off when their owners are negligent. Full stop.

Despite this damning evidence of repeated negligence, and despite the fact that there are children in DeHayes’ home who might be at risk, officials not only refused to arrest or charge him: they also gave him his guns back, without so much as a slap on the wrist. They also never contacted Child Protective Investigations to protect the children.

I am shocked, appalled, and devastated at how the judicial system has failed us. In fact, I feel like I am going crazy. How is it that DeHayes’ right to own and play recklessly with his guns trumps my daughter’s right to life? If a person drowns a dog, charges are filed. Is not my daughter’s life, and that of her baby, worth more than that of a dog? How can this be?

Please, help us secure justice for Katherine and Rehlin.Dehayes should be prosecuted for involuntary manslaughter, negligent homicide, and/or other appropriate charges, and give him a trial before a jury of his peers. As his pattern of recklessness demonstrates, he is a menace to society. He deserves to be prosecuted for his unconscionable actions that proved fatal to Katherine and Rehlin.

The problem is the State Attorney Brad King refuses to prosecute as he says it was an “Accidental Shooting.” First off, as far as I’m concerned there are no accidental shootings. Guns are not toys and should not be treated as such especially when children are present or in the room where it is being played with. We hold people under the influence accountable for there actions and it should be no less for people who play with guns. There are laws for jail time and harsh punishment for people who do harm against animals.My daughter and grandsons life is worth more than an animals. This man gets a free pass for killing two people-something is very wrong with this judicial system. Allowing someone to get away with killing someone without punishment is saying this state allows you to commit legalized murder and not worry about being prosecuted. I have been in contact with several politicians: Senator Wilton Simpson, Senator Marco Rubio and Senator Bill Nelson as well as Congresswoman and men Amanda Murphy, Blaise Ingoglia, Gus Bilirakis and Danny Burgess. I have also contacted Governor Rick Scott and Attorney General Pam Biondi. I have gotten no help from any of them.

I have investigated all the material I have received from the State Attorney’s office and in my opinion as well as several criminal attorneys and a Law Professor this case should be prosecuted. I am enclosing the case paperwork I gave to the State Attorney Brad King who still refuses to prosecute. The explanations I have been given for not prosecuting the case is outrageous.

I asked why proper police procedure was not followed. Police responding to the scene did not test his blood to determine the levels of any of the drugs he took arguably contrary to Florida Statutes §790.155(1)(a) which states that if a firearm was used by a person under the influence of controlled substances and has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the presence of controlled substances therein. The explanation I was told by the State Attorney and A Major (Sheriffs Office) for not testing was Dehayes is he didn’t look to be impaired so they didn’t test however, the man was having an anxiety attack so he was transported to the hospital by ambulance so I am sure one of the first questions they would have asked before treating him is what medications he was on, when he last took them and knowing most ER doctors do drug tests on patients that come into the ER when they know narcotics are being taken.

Why wasn’t Dehayes tested? When a grown man sits playing Cowboys & Indians with live weapons before a pregnant woman and children, I think his state of mind should be questioned and at the very least it should be considered an “improper exhibition of a dangerous weapon” contrary to Florida Statute §790.10.

Now, according to law, a person is guilty of manslaughter if: 1) the victim is dead and 2) that the death was caused by the act, procurement, or culpable negligence of the defendant. Culpable negligence is the duty to act reasonably towards others by consciously doing an act or following a course or conduct that the defendant must have known or reasonably should have known was likely to cause death or great bodily harm. FS §782.07 or FS §784.05. This shooter’s actions seem culpable to me.

A reasonable person would not admittedly consume methadone and Lortabs then proceed to twirl a live firearm in the presence of 2 women, 3 children and another man. To be sure, any responsible person handling a gun treats every firearm as if it’s live unless and until the magazine is removed and the slide is locked clearly exposing the entire chamber. We know Dehayes had been exhibiting other firearms but we are unaware the type. The firearm that killed Katherine was a revolver which presumably has no magazine and therefore, safe handling requirements oblige ejecting the cylinder before handling it in the presence of others. Absent dismantling in this way, all firearms must be treated as live at all times.

Now, I’m no forensic scientist but, Katherine was approximately 5’3” standing and 46” seated; the bullet struck her temple at perhaps 44” height. What reasonable person would pull the trigger of a firearm at a 44” height trajectory unless he expected it to hit someone? Keep in mind there were 2 women, 3 children and 1 other man present in the home.

Let’s not forget, that he collects firearms so he should be held to a higher standard and at the least recognize that of 10 common safe gun handling rules, he violated the top 4 as outlined by the National Shooting Sports Foundation.

Firearms Safety — 10 Rules of Safe Gun Handling

1. Always Keep The Muzzle Pointed In A Safe Direction

2. Firearms Should Be Unloaded When Not Actually In Use

3. Don’t Rely On Your Gun’s “Safety”

4. Be Sure Of Your Target And What’s Beyond It

5. Use Correct Ammunition

6. If Your Gun Fails To Fire When The Trigger Is Pulled, Handle With Care!

7. Always Wear Eye And Ear Protection When Shooting

8. Be Sure The Barrel Is Clear Of Obstructions Before Shooting

9. Don’t Alter Or Modify Your Gun, And Have Guns Serviced Regularly

10. Learn The Mechanical And Handling Characteristics Of The Firearm You Are Using

Brad King wrote that “the process of lowering the hammer . . . requires putting pressure on the trigger . . . “ Lowering the hammering can be achieved by setting the safety without firing the pin but, before considering either of those things, a reasonable person would lower the barrel to point at the ground, confirm there is no ammunition in the weapon then release the hammer or lock the slide. Dehayes actions were the furthest thing from reasonable or safe and again, I would submit that his actions were improper, negligent and culpable. For that matter, why was the hammer cocked in the first place? This is also a fundamental violation of safe firearm handling etiquette.

Consider the following:

1) Justice Levine’s order in Hosnedl v. State, 126 So.3d 400 (Fla. App., 2013) in which he writes: “A firearm is a deadly weapon, and firing a firearm constitutes deadly force …“ This is so whether the firing was intentional or not.

2) The nearly indistinguishable matter in Sapp v. State, 913 So.2d 1220 (Fl, 2005), where Robert Sapp was tried by jury and convicted of manslaughter for the shooting death of his friend, Steven Smith whom he admitted to shooting by accident while impaired on alcohol, marijuana, Xanax and cocaine. The only difference being that Dehayes was impaired by methadone and Lortabs.

3) The Broward County Case of Dallas Seymour (2013–009529CF10A) who accidentally shot and killed his tenant, Darryl Keith Hardnett during a friendly group gathering at Seymour’s home where there was talking and laughing. Seymour started playing with a small pistol, putting the clip in, taking it out, and pointing it at people. Then Seymour went toward the TV and set the gun down while he looked for something in his pocket. When he grabbed the gun again it went off striking Hardentt in the head and causing his death. Seymour was convicted of 2nd Degree Murder and will serve 20 years followed by 5 probation including a minimum $3,095 restitution. See also, Seymour v. State, 132 So. 3d 300 (Fla. App., 2014).

4) The Lake County Case of Terrell Purley (2012 CF 000481) who merely grazed his friend’s head when his weapon accidentally discharged as he sat home playing with the firearm and watching TV with the friend. Purley was charged with Shooting at, within, or into a dwelling and Evidence Tampering. After a plea of Nolo, he was adjudicated guilty and sentenced to 9 months county followed by 5 years probation and ordered to pay $10,858.28 for restitution. Florida Statutes §790.19.

5) The foregoing are but a few examples that support the prosecution of Dehayes that when viewed as a judge would — in light most favorable to the state — would support his conviction. Let the jury decide -as so many of us believe- that Dehayes actions are consistent with the culpable conduct necessary to sustain proof of manslaughter under FS §782.071.

I also have several concerns about the investigative handling of this case incorporated as endnotes 2,3,4,5,6.

Clearly, there are major problems with Katherine and Rehlin’s case. Therefore, I started a petition to encourage Brad King to investigate anew, review the evidence, and compare other case law so that he would reconsider filing charges and bring Dehayes to justice. A copy of the petition with over 12,000 signatures from people who agree with me.The petition is 2600 pages long so I will enclose the link for you to access on the internet.

https://www.change.org/p/state-attorney-brad-king-gives-free-pass-to-baby-killer?recruiter=192472051&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_facebook_responsive&utm_term=des-md-share_petition-custom_msg

In a meeting I had with Brad King on September 16th, he did not answer my questions about the case: He did not explained how the cases I sent him do not apply to my daughter’s case. He still hasn’t explained why no blood tests were done and why the Florida statutes which are black and white don’t apply to this case.

He still didn’t say who the authority is who was suppose protect my daughter and grandson’s right to live if not him and his office.

Keep in mind the letter I sent and the cases I sent to him were done by a former prosecuting attorney who was a Union Attorney for police so I know police procedures were not followed. All King said is it will never get in criminal court that I need to sue in civil court. If I wanted to bother the Governor with changing the law to do so. I asked how manslaughter is not prosecutable he said no crime was committed. Brad King pretty much gave me the brush off. I have enclosed the email I sent him when I got home from the meeting with him and his reply.

On October 17, 2015 I met with the Hernando County Sheriff’s Office.There were Five men in the room. The Major, Captain, the detective’s Supervisor, Detective Breedlove and a new Lieutenant. They admitted they made a mistake by not calling Child Protective Services. The Major said everyone makes mistakes but we correct them and move on. He said he reviewed the case and had questions and he said he called the State Attorney to get the answers to his questions.

He said he was told about the appellate and supreme court reasoning and that the reason they couldn’t charge Dehayes under the statute of 782.09 killing of unborn child because the State Attorney said no crime had been committed to the mother. He said they didn’t take a blood test because he appeared fine and he was having chest pains so they sent him to the hospital but did not ask for the blood test as he did not appear to be under the influence.

They didn’t investigate Carson (my daughter’s husband) as he was a wreck and they felt he had nothing to do with it. They said that Sgt. Holbrook who is no longer with the department has no standing with the Sheriff’s Office. He said he could reopen the case but he won’t not without additional evidence. He said they gave a Culpable Negligence Case to the State Attorney but the State Attorney declined to prosecute.

He thinks I don’t like what they were saying, I told him I believe the case was handled wrong and I asked why Peter Magrino said that she was killed when Carson handed the gun to Dehayes but in the interview video Dehayes admitted he shot her when he was playing tricks with the gun not when it was handed between the two and he said he couldn’t answer that I would have to question Magrino but he tried to reassure me that Magrino views all the tapes before he will file charges against someone.

I can tell you before we got there they were all these men were in the room together and Breedlove who said nothing, looked like he was going to cry. He also looked like he had been rolled over the carpet before we went in to the meeting. He was also doing alot of writing while we were in there talking. The Major had also written some things down. I also told him he could take all the work I had and to please look at it and he will understand what I was explaining about the case to him but he wouldn’t, I quoted Honsedl v. State. He thanked me for not being a lunatic and staying calm. They stayed in the room after we left we were there an hour and half. He said all he could tell me was to get the law changed because they will not reopen the case. The bottom line is the State Attorney refuses to prosecute and there isn’t anyone who can do anything about it.

After not hearing from the Governor’s office nor Pam Bondi’s office(Attorney General) I called The Governor’s office. I spoke with Customer Service Supervisor Warren, who advised me that Brad King is the law. What he says goes. If he says that there was no crime committed then no crime has been committed. Well Why is my daughter and grandson dead? No crime has been committed then whose responsible for their deaths? Can Charges be brought against the State Attorney? Can the Governor be charged? How about Pam Bondi? What about my daughter and grandsons right to life? How about there civil rights?

I also called Pam Bondi’s office to ask why I had not heard from them. I can not remember the person's name I spoke to but she told me that Pam Bondi can not take the case and that they referred it back to Brad King. However, I have read that Pam Bondi’s office can take the case and prosecute it in the newspapers. The FBI told me that I have not exhausted all of the people who could prosecute this case and they said I needed to have an attorney submit the paperwork to Brad King for prosecution but Brad King is aware that a former Prosecuting Attorney helped me with the paperwork and case. Maria submitted the paperwork to Brad King. The end result is we got no reply from the State Attorney’s office.

FEB 1, 2016 — By this time my petition is doing good and I am starting to hear from other people who had not gotten justice from Brad King. Brad King has five counties he covers. Hernando, Citrus, Lake, Sumtner and Marion Counties. He is also frequently called upon by Governor Scott to be special prosecutor on other cases around the state. Hmmm makes one wonder why he is called to do these cases when he can’t manage the cases in his own counties.

Keep in mind, normally a person who commits a crime is brought in for questioning immediately after the crime but my daughter’s killer wasn’t even formally interviewed until two days later.

Then there is the fact as everyone knows when a spouse is killed the first one the cops investigate is the surviving spouse. Well guess what? he was never investigated. Even though prior to my daughters death- Katherine and her husband had an argument (two days before she was killed) which he had told her to pack her stuff and move out. (She had sent me text messages which I kept) Her husband had not spoken to the killer for a few years after the killer had gotten fired from where he worked with her husband. Why after so long of not being in contact with each other do they suddenly meet up to see the killer’s guns and meet his new pregnant wife?

Then Carson (Katherine’s husband) stopped talking to me because he wanted me to stop pursuing justice for my daughter and grandson which I found extremely strange. One would think if he loved her and his child he would want justice in their death. It certainly makes him look suspicious that he may have played a role in her killing. I was told later from his ex-sister-in-law he was placing ads on single websites looking for a woman not even a month after her death. (I saw the ads) The sheriff’s office didn’t find this information worth investigating.

Brad King says “ Mr. DeHayes took the gun out of the holster, spun it around one or more times around his forefinger, then caught the butt of the gun in his hand and cocked it. He then was in the process of lowering the hammer, which requires putting pressure on the trigger, when the gun fired.Where the trigger is pulled intentionally,…. that is a crime, even though the person who pulled the trigger did not know, or did not intend, that a shot would be fired.” Is this not what he did?

Lowering the hammering can be achieved by setting the safety without firing the pin but, before considering either of those things, a reasonable person would lower the barrel to point at the ground, confirm there is no ammunition in the weapon then release the hammer or lock the slide. Dehayes actions were the furthest thing from reasonable or safe and again, I would submit that his actions were improper, negligent and culpable. For that matter, why was the hammer cocked in the first place? This is also a fundamental violation of safe firearm handling etiquette.

I also brought to the attention of Mr. King the case of Eric Stayton,( a man who lives in Tallahassee which is approximately 3–4 hours away from Hernando) according to WCTV “Police say that Stayton was twirling a gun around. He went to re-holster the gun, it slipped out of his hand and onto a concrete floor. When the gun hit the floor, it fired, shooting Chaires (who is his sister) in the neck. She later died at the hospital.” He was arrested, tried and convicted of manslaughter was sentenced to 3 years in jail and 7 years probation. Why has Dehayes been given a free pass from prosecution when he killed two people? Why is it illegal in Tallahassee to twirl a gun and kill someone but it is legal in Hernando?

FEB 11, 2016 — I emailed the State Attorney Brad King on 12/29/15 this is what I said:

Can you please tell me how this case is different from my daughter’s? Your friend Fred Campbell prosecuted this case and it is exactly like my daughters except this man was under the influence of Alcohol and William Dehayes was under the influence of Narcotics. Why do you refuse to prosecute Dehayes? Is it because he is friends with Sgt. Holbrook from the Hernando Sheriff’s office? Is it because you have an issue with Women who have intelligence? I am confused I have been extremely nice to you and you have been disrespectful to me- some of your comments have been rude. I understand you are above the law, have some powerful friends, been prosecuting for sometime but you are an elected official which means you are elected by the public which also means what they say should matter to you if you wish to stay in office.

There is no shame in admitting you made a mistake it takes a bigger man to admit that and correct his error. My daughter and grandson have rights and they have been violated by you, your office and the sheriff's office. You know as well as I, the investigation into this case was botched. They never investigated and you know they didn’t follow protocol. Now I know it's not your fault the Sheriff's office screwed up, even though they told me it is your office's fault and I quote from Major Terry. “We gave the prosecutor a culpable negligent case and they refused to prosecute. I had questions so I called the State Attorney and was told the same thing as you about the Appellate and Supreme Court. There is nothing we can do as the State Attorney just refuses to prosecute.”

So I would like to know and I truly apologize you think you are telling me the same thing but if I truly understood the reasoning I would not continue to fight this. I realize you don’t care how much I fight this as it wasn’t your daughter or grandchild and you are above the law and can get away with anything. The law doesn’t need to be changed it needs to be enforced. I really think there is something fishy going on in Hernando County between your office and the Sheriff's office. Dehayes admitted in a video tape interview he committed manslaughter and you are letting him get away with it. I really would appreciate you reading this story on Eric Stayton and maybe talk to your friend Fred Campbell how he prosecuted this case and getting around on the appeal process. I can think of many cases that can be overturned. When it's illegal in one county and not illegal in another.

I have close to 13 thousand people who agree with me. I am a grieving mother and grandmother and I have been told it is your job to get justice for my daughter and grandson there is enough case law which I have given you and the case I gave you which was done by a former prosecutor, weapons expert and prior cop lawyer(one who gets cops out of trouble) Maria Kazouris wrote and helped me with it that will uphold any appeals. I would appreciate a reply to this email and for you to stop ignoring me. I am being respectful and courtesy I would appreciate the same in return. 
Thank you

Why is it not a crime what Dehayes did to my daughter and grandson?

How does the Fl Statute 782.09: killing of unborn child due to injury of the mother not apply to this case he did shoot her and the baby did live 41 minutes and then died?

How is this case not “Culpable Negligence” when Justice Levine said “negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.”

Who is suppose to protect the innocent victims?

You said the petition doesn't matter cause you go on what the law says isn’t law made on public opinion?

How is Professor Johnson wrong in his analysis of this case?

How is the statues which I feel he should be prosecuted on not correct?

How are the cases that I gave you not similar to this case?

Why wasn’t my son in law investigated when he hasn’t seen or talked to this man in a long while?

Sincerely,

Donna Bryan

I never received a reply as he added me to his junk mail folder so I then faxed it and called his office to ensure he got the fax and was assured by Jen he received it- still no reply.

On Feb 10, 2016 I emailed him again from another email address and brought to his attention the case of Eric Stayton,( a man who lives in Tallahassee which is approximately 3–4 hours away from Hernando) according to WCTV “Police say that Stayton was twirling a gun around. He went to re-holster the gun, it slipped out of his hand and onto a concrete floor. When the gun hit the floor, it fired, shooting Chaires (who is his sister) in the neck. She later died at the hospital.” He was arrested, tried and convicted of manslaughter was sentenced to 3 years in jail and 7 years probation. Why has Dehayes been given a free pass from prosecution when he killed two people? Why is it illegal in Tallahassee to twirl a gun and kill someone but it is legal in Hernando? 
I finally got a reply and this is what he said:

Brad King 
Feb 11, 2016 8:12 AM (8 hours ago)

Ms. Bryan,

Respectfully, there is nothing more that I can say about this case. I have given you my explanation in person and can add nothing to it. I can not keep revisiting this every time you read an article that you think is pertinent to your cause.

My cause is to get justice for my pregnant daughter who was shot and killed and or possibly murdered since the sheriff’s office did not properly investigate the killing. He is telling me that the killer got a free pass and it is leaving the door open for other people to claim the same thing without fear of prosecution.

Now knowing it is an election year and both the Sheriff and Brad King are up for re-election I posted this on Facebook in chat groups that are in their area for people to see.

February 23,2016 Now this is important for the people who live in Hernando, Citrus, Lake, Marion and Sumtner as he is the State Attorney for your counties. He is currently running for re-election. As of today there is no one running against him. He is a Republican and has been in office since 1989. He makes over $154k a year according to the state finances office. After much research on the internet, many people who have written to me or commented on my posts and news articles, I have found many cases that have not been prosecuted for example: “A Death In St. Augustine” which aired on PBS.
Ripoff Report: “State Attorney refuses to arrest contractor who got a million dollar judgement with false testimony.”

A case involving a child that was raped and murdered (I am withholding the name for respect to the parents and child) They didn’t file charges on all the people involved.

These are but a few cases, there are many more you can find.The Sheriff is also running for re-election in Hernando County and currently no one is running against him either.

These men may not have committed the actual acts however, they are responsible for the people under their supervision and should be held accountable. Your tax dollars pay there salaries. The saying “ You Get What You Pay For” and “ Buyer Beware” is something people should think about before they vote.

MAR 6, 2016 — We are having a protest on March 15th 2016 @ 9am @ the Hernando County Court House Main St, Brooksville, Fl. If you live in Florida please join us to fight for justice. There are no accidental shootings only irresponsible gun owners.

THERE IS NO JUSTICE IN DISCRIMINATION.
THERE IS NO JUSTICE IN INEQUITY.
THERE IS NO JUSTICE WHILE WILLIAM DEHAYES ROAMS FREE.

MAR 15, 2016 — So once again we send another letter out certified to all officials, but this time I have included the FBI after filing a complaint with the Department of Justice who sent me an email telling me to send it to the FBI and because I keep the loyal supporters up to date I am posting it to the update. Today was the protest to get justice for Katherine and Rehlin. Never having done something like this before it was interesting and we got alot of attention. Since I have been told they are not going to do there job maybe the FBI can go in and clean house with the corruption and cover-up as they have done before in Miami. Enough is Enough if they don’t charge and prosecute the killer they need to let all the people who have been prosecuted out of jail and I will start contacting attorneys to use my daughter’s case for appeals.

Governor Rick Scott, Attorney General Pam Bondi,Senator Wilton Simpson, Congresswoman Amanda Murphy,Congressman Gus Bilirakis, Senator Bill Nelson, Senator Marco Rubio, Congressman Dan Burgess, Congressman Blaise Ingoglia, State Attorney Brad King, Assistant State Attorney Peter Magrino, Sheriff Al Nienhuis, Major James Terry, FDLE, The Florida Bar, The Judicial Ethics Committee, US Attorney General, FBI.

Dear Ladies and Gentlemen:

I am the mother of Katherine Bryan Hoover- the pregnant woman who was shot and killed on July 26th, 27th 2014 by William Dehayes in Brooksville, Fl. I have continuously asked for help from each of you, as the man who killed my daughter and grandson has never been charged, detained or arrested according to the policies and procedures of law enforcement and the Florida Statutes Dehayes should have been immediately arrested.

You may recall from our prior exchanges on the matter, while Katherine and her husband were visiting Dehayes on July 26, 2014, Dehayes decided to play with his loaded gun collection twirling them he says “like a cowboy would” while impaired by the Methadone, Lortabs and Soma that he had been prescribed for back pain. This is according to Dehayes’s own testimony to Detective Breedlove.

The investigation of this case has been totally mishandled by the Sheriff’s Office. The Procedures and Protocol of Law Enforcement had not been followed. In any homicide the first suspect is the spouse. Carson Hoover was never investigated. Katherine’s family was never talked to by the sheriff’s office or detective other than to say it was an “accidental shooting” and Detective Breedlove stated this at the hospital before my daughter was officially dead in front of eight witnesses.

The Policies and Procedure Law Enforcement Handbook states” Probable Cause General An arrest by a police officer pursuant to a warrant or a warrant exception must always be based on “probable cause.” The officer must have probable cause to believe that a particular statute has been violated by the subject, and that all the elements enumerated in the statute are present, based on the totality of the circumstances. The man was playing recklessly with a gun and he did pull the hammer back while twirling it and uncocking it pulling the trigger causing the firearm to discharge therefore shooting Katherine straight in the temple.

Police responding to the scene did not test his blood to determine the levels of either drug arguably contrary to Florida Statutes §790.155(1)(a) which states that if a firearm was used by a person under the influence of controlled substances and has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the presence of controlled substances therein. The explanation is”he didn’t appear high.” Not everyone’s eyes are dilated when they are high and people who have just been in a tragic situation often sober up Immediately.

Why wasn’t Dehayes tested? When a grown man sits playing Cowboys & Indians with live weapons before a pregnant woman and children, I think his state of mind should be questioned and at the very least it should be considered an “improper exhibition of a dangerous weapon” contrary to Florida Statute §790.10. ( Even though it is prescribed medication law enforcement knows of the problems of prescription drug abuse in the county and the likelihood the prescribed dosage may or may not could have been taken should have been taken into consideration and therefore Dehayes should have been tested.) Florida law states that any person who stores or leaves a loaded firearm on premises under his or her control, and who knows or reasonably should know that a person under age 16 is likely to gain access to the firearm without the lawful permission of the minor’s parent or person having charge of the minor, or without supervision required by law, must do one of the following:

Keep the firearm in a securely locked box or container;

Keep the firearm in a location which a reasonable person would believe to be secure; or Secure the firearm with a trigger lock.

Let’s not forget, that Dehayes collects firearms so he should be held to a higher standard and at the least recognize that of 10 common safe gun handling rules, he violated the top 4 as outlined by the National Shooting Sports Foundation. He admits to Law Enforcement he has firearms safety.

Firearms Safety — 10 Rules of Safe Gun Handling

1. Always Keep The Muzzle Pointed In A Safe Direction

2. Firearms Should Be Unloaded When Not Actually In Use

3. Don’t Rely On Your Gun’s “Safety”

4. Be Sure Of Your Target And What’s Beyond It

5. Use Correct Ammunition

6. If Your Gun Fails To Fire When The Trigger Is Pulled, Handle With Care!

7. Always Wear Eye And Ear Protection When Shooting

8. Be Sure The Barrel Is Clear Of Obstructions Before Shooting

9. Don’t Alter Or Modify Your Gun, And Have Guns Serviced Regularly

10. Learn The Mechanical And Handling Characteristics Of The Firearm You Are Using

In Dehayes interview with Detective Breedlove he admits to leaving the firearms out “because the boys know better than to touch them.” Now at the time Dehayes was not married to Christine Erickson. Any parent knows if you tell a child not to do something they are going to do it as they are curious. Both the Attorney General’s office and the Department of Children’s and Families should have been contacted. Both the Sheriff’s Office and State Attorney’s office are legal reporters of Child Abuse, Neglect and Endangerment..

Fl Statue 39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline

Reporters in the following occupation categories are required to provide their names to the hotline staff:

1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons;

2. Health or mental health professional other than one listed in subparagraph 1.;

3. Practitioner who relies solely on spiritual means for healing;

4. School teacher or other school official or personnel;

5. Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker;

6. Law enforcement officer; or

7. Judge.

Fl Statue 827.03(1)(B) Child Abuse

(b) “Child abuse” means:

1. Intentional infliction of physical or mental injury upon a child;

2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

I think children seeing a pregnant womans head shot in front of them is considered Child endangerment and Child Abuse. Therefore, the Sheriff’s Office and the State Attorney’s Office violated the law.

Now according to the Florida Law Protocol the charge of “Battery, Aggravated Battery and Murder Florida Statutes § 784.03, provides alternative definitions of battery:(A) The actual and intentional touching or striking of another person (“against the victim’s will”); or (B) the intentional causation of bodily harm to the victim. As a general rule, the crime of battery occurs whenever one person (“the perpetrator”) touches or injures the victim without legal excuse or justification. If, while committing a battery, the perpetrator used a deadly weapon, or if he or she seriously injured the victim, the perpetrator may be charged with aggravated battery. If the victim dies of the injuries inflicted on him during an aggravated battery, the perpetrator can be charged with murder or manslaughter. A periodic review of Florida Statutes chapters 782 and 784 is recommended”

Also in the interview, Dehayes admits he talked to his longtime family friend Sergeant Holbrook who worked for the Hernando County Sheriff’s Office. At this point Breedlove admits to Dehayes he knows him and deters the conversation away from discussing anything more about the Sergeant. Detective Breedlove brought Dehayes into the interview room and appeared as he was coaching him on how it was an “Accidental Shooting.” There are no accidental gun deaths just a lot of irresponsible gun owners.

Now according to the letter I received from Assistant State Attorney Peter Magrino he stated”A review of the statements reveal that DEHAYES and Carson Hoover were former co-workers until DEHAYES was injured and ultimately relieved of his employment as a truck driver. Arrangements were made for the Hoovers’ to visit the DEHAYES residence where the shooting occurred. Both DEHAYES and Carson are familiar with firearms and prior to the shooting at the home DEHAYES had already shown and let Carson handle two guns without any problems. As DEHAYES was showing the .22 caliber western style revolver and after Carson had handled it and returned the firearm to DEHAYES the discharge occurred. The occupants of the home who observed or heard the shot disclaim any animes, drug or alcohol use, or pointing of firearms prior to the shot. Investigative information reflects that DEHAYES professed firearms safety. During the events at the residence he had appropriately handled the other two firearms in a safe manner which included unloading, checking same and then showing them to Carson prior to handing them to him.”

Peter Magrino could not have reviewed the videotaped interrogation. Dehayes stated he took Methadone, Lortabs and Soma at the dinner time hour and the shooting occurred at approximately 6:45pm. He also never mentions that Dehayes was twirling the gun like a cowboy, cocked the gun or applied pressure to the trigger to uncock it when it went off and shot Katherine point blank in the temple. Magrino also never discusses the trajectory of how she was shot.

According to Peter Magrino “The instruction for manslaughter cases reads as follows: Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.

The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing and act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury.

Pardon me but taking a loaded gun out in front of women and children and twirling it around is culpable negligence, it was gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights. The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing and act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury.

Dehayes also states “I haven’t slept in three days trying to figure out how the hell [the gun] went off. I don’t know. I mean them damn guns. The shotgun goes off when it wants to. I almost blew my damn head off twice.” With this statement he knew there was a chance someone could have been injured or killed which is culpable negligence.

1) Justice Levine’s order in Hosnedl v. State, 126 So.3d 400 (Fla. App., 2013) in which he writes: “A firearm is a deadly weapon, and firing a firearm constitutes deadly force …“ This is so whether the firing was intentional or not.”

2) The discharging of weapons on private property, including residential property, is legal as long as lives are not endangered, University of Florida law professor George B. Dekle said. In the a news article Law Professor George Dekle states “If you are fooling around with a gun and it goes off, that’s against the law. If you are out celebrating and firing a gun into the air, that’s against the law,” Dekle said. “It is against the law to negligently or recklessly discharge a firearm on your property.”

In Dehayes description of the incident to Breedlove he states the pointing of the gun was to the back door and Katherine was sitting behind him eating McDonalds so how did the bullet go behind him to strike her in the head if it was aimed at the back door? Despite this damning evidence of repeated negligence, and despite the fact that there are children in DeHayes’ home who might be at risk, officials not only refused to arrest or charge him: they also gave him his guns back, without so much as a slap on the wrist leaving the children at risk and endangerment.

Williams v. State, 104 So. 782 (Fla. 1925), where the Florida Supreme Court said that the defendant’s mere possession and handling” of a pistol at a crowded dance hall was sufficient to satisfy the culpable negligence standard. Or take Tillman v. State, 842 So.2d 922 (Fla. Dist. Ct. App. 2003). In Tillman, the defendant accidentally shot the victim while he was messing with the gun, which he believed to be unloaded. According to the court, the defendant admitted that he pulled back and released the hammer and acknowledged that he must have pulled the trigger. The court did not suggest, however, that he had pulled the trigger intentionally. Nevertheless, the court held that his conduct satisfied the culpable negligence standard.

Now, I’m no forensic scientist but, Katherine was approximately 5’3” standing and 46” seated; the bullet struck her temple at perhaps 44” height. What reasonable person would pull the trigger of a firearm at a 44” height trajectory unless he expected it to hit someone? Keep in mind there were 2 women, 3 children and 1 other man present in the home.

I am shocked, appalled, and devastated at how the judicial system has failed us. How is it that DeHayes’ right to own and play recklessly with his guns trumps my daughter’s right to life? Or my grandson’s right to life? I wrote a letter to the State Attorney Brad King as Peter Magrino told me there was no one higher than him that could review the case. I thought that wasn’t correct as he is not the State Attorney who is elected by the people to his position.

According to the letter from Brad King “From these statements, the evidence would show that Mr. DeHayes took the gun out of the holster, spun it around one or more times around his forefinger, then caught the butt of the gun in his hand and cocked it. He then was in the process of lowering the hammer, which requires putting pressure on the trigger, when the gun fired. Where the trigger is pulled intentionally,…. THAT IS A CRIME, even though the person who pulled the trigger did not know, or did not intend, that a shot would be fired.

In the letter I received from Brad King he states “lf Mr. DeHayes was impaired by the use of drugs or alcohol, that would be a factor that would have to be considered. While he admitted he had taken medication, he stated that he had only taken the prescribed dosage and denied it affecting his judgment. We specifically asked the deputies who interacted with him the day of the shooting, and none reported that he appeared to be under the influence of any intoxicant or that his faculties appeared to have been impaired. Therefore, his use of prescription drugs, in a prescribed amount, is not sufficient to make the matter a crime. We will never know cause he was never tested if he was on the prescribed dosages. Interestingly, People are forced to take breathalyzer tests because the cop thinks you smell of alcohol or the person stopped tells they had a drink and the cop still test them to see if they are under the alcohol limit. hmm somehow I don’t think this is fair why don’t you just take their word for it?

My cause is to get justice for my pregnant daughter who was shot and killed and or possibly murdered since the sheriff’s office did not properly investigate the killing. Brad King is telling me that the killer got a free pass on killing two people and he is leaving the door open for other people to claim”Accidental

Shooting or Legalized Murder “without fear of prosecution. I know Brad King does not care what public opinion is cause he has refused my petition that has over 13 thousand signatures that say Dehayes should be prosecuted but let’s keep in mind that law is made upon public opinion and it is election time.

I am not going away. My daughter and grandson’s lives matter. Their civil rights have been violated.I love my daughter and grandson they did not deserve to die nor did they ask to be killed. I am going to keep at this as there is no statue of limitations on manslaughter.There are many violations here and to think that the people who are suppose to serve and protect are the ones who have violated the law including the State Attorney’s office.

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.

I think the FBI needs to step in and investigate and bring charges against the State Attorney, Assistant State Attorney Peter Magrino, Detective Breedlove and all the others who are involved in this cover-up. Let’s not forget that Brad King and Peter Magrino were once cops and they are veterans of the justice system therefore know the laws. They should also know the Florida Law Enforcement Rules and Procedures.

Florida Constitution. Article I, Section 2: All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty Section 16: (b) Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.

I am hoping that you will finally prosecute the man who killed my daughter and grandson. If you still conclude that this was not a criminal act then all the people who have been convicted and are in jail should be released immediately including Eric Stayton. The 14 year old who accidentally shot Tavaris Rhodes and is in jail charged with manslaughter. The many other cases I am enclosing. We deserve Justice! Stop the coverup.

THERE IS NO JUSTICE IN DISCRIMINATION. THERE IS NO JUSTICE IN INEQUITY.

Sincerely,

Donna Bryan 
Case Law:

Sapp v. State, 913 So.2d 1220 (Fla. 2005),

Seymour v. State, 132 So. 3d 300 (Fla. App., 2014)

The Lake County Case of Terrell Purley (2012 CF 000481)

State Of Florida vs Stayton, Eric T (2014 CF 001061)

Florida Statutes§782.07,§782.09, §784.021, §784.05, §790.10, §790.15, §790.155, §827.03(1)(B),§ 39.201

Law Professor George B. Dekle remarks in news article

Illinois University of Law, Professor Eric Johnson case review

Petition has over 13600 signatures and growing

Family Protests Voting Polls Seeking Justice For Killed Daughter

“Bring a killer to justice,” chanted Friends and family of…

http://www.wtsp.com

MAY 22, 2016 — Alot has happened since the last update. As you may or may not know I have been fighting to get justice for my pregnant daughter who was shot and killed by William Dehayes who has never been Arrested, Detained or Prosecuted. I have written many letters to officials begging for help without success. I have kept this in the media and news. I now have the Coalition To End Gun Violence and Moms Demand For Action Against Gun Violence trying to help me.

On March 15th I did a protest at the Hernando County Court House and the voting polls with friends and family. We marched with signs demanding justice for Katherine and Rehlin to bring the killer to justice. On March 17th was William Dehayes birthday (the Killer). He got drunk on beer and Crown Royal and with his girlfriend’s teenage daughter went outside in the mobile home park where he is staying and started shooting his guns straight up in the air without a care for his neighbors safety nor a thought for where his bullets would land. In his interviews with the media he swore off to owning guns ever again after he killed my daughter and grandson. When I was told of the incident by the media I was mortified- hes gonna kill again. I felt I needed to take additional action to prevent him from killing someone else and started posting on Facebook groups and websites that he is shooting his guns again and for people to be aware. I also contacted the Sheriff’s office and State Attorneys office asking if they can now bring charges for killing my daughter since he is still shooting his guns with reckless disregard for anyone else’s life but once again I was told No. I went to his court hearing which was one of the hardest things I have had to do. Facing my daughter and grandsons killer. He pled not guilty after he heard they wanted to give him jail time for shooting his gun off in public intoxicated. He told the judge he was destitute so he was offered the public defender, miraculously he now has a private attorney to defend him on the gun charge. I will continue to follow this case.

I now have a private investigator helping me with the case Lisa Schoneman from the Peeler Group. I now have a webpage setup for anyone who wants to follow its called Friends Who Want Justice for Katherine Bryan Hoover and Baby Rehlin.

Please Read, Sign and Share the Petition. Please help me get justice for Katherine and Rehlin. If anyone has any information no matter how insignificant it is about William Dehayes please contact Lisa Schoneman at helpkatherine@yahoo.com or you can contact me dbryan97@tampabay.rr.com and I will forward it to Lisa

RNRF Confronts Killer of Mother and Unborn Son — VIDEO

BROOKSVILLE — On July 26th, 2014, 25-year-old…

http://www.rnrfonline.com

JUL 21, 2016 — As you may or may not know I have been fighting to get justice for my pregnant daughter who was shot and killed by William Dehayes who has never been Arrested, Detained or Prosecuted for her and her son’s death. I have written many letters to officials begging for help without much success.

I have kept this in the media and news. The Coalition To Stop Gun Violence and Moms Demand For Action Against Gun Violence have been trying to help me. The CSGVA also started a petition on their website demanding Dehayes be prosecuted for Manslaughter. They have close to 5k signatures in two months time.

House Representative Amanda Murphy met with me and put me in contact with Frances Werner-Watkins who is a former Pasco County Prosecutor. She reviewed the case and contacted Lisa Shoneman a private investigator and former Pasco County Sheriff’s detective of 25 years.

Here is her report of findings:

July 10, 2016
Al Nienhuis
Sheriff
Hernando Sheriff’s Office
18900 Cortez Blvd. Brooksville Florida 34601

Reference: Death Investigation, Hoover, Katherine Lynn / Hoover, Baby Boy 07/26/2014 Case number 2014–22775

Dear Sheriff Nienhuis:

In April 2016 Peeler Group International was contacted by Attorney Frances Werner-Watkins. Attorney Werner-Watkins informed us that Amanda Murphy of the Florida House of Representative, had met with Donna Bryan, mother of Katherine Hoover. Attorney Werner-Watkins felt her daughters case was within my expertise and asked if I could meet with her.

I met with Mrs. Bryan and review her daughter’s case and her concerns over the Hernando State Attorney’s decision not to prosecute William Matthew DeHayes for her daughter’s death. As a result, our company agreed to review Katherine’s case and see if there maybe anything we could do to assist. As a part of our agreement with Mrs. Bryan she resolved to
allow us to work together with both the Hernando Sheriff’s Office and the Hernando State Attorney’s Office in a productive manner. The object would be to move forward to try and find any possible additional evidence or information that may help with the investigation and prosecution. With this said I phoned Detective Breedlove and left him a voice mail
informing him I would be investigating the case and asked him to contact me.

OVERVIEW OF CASE
According to Hernando County Sheriff’s Office reports Carson Hoover and his wife, Katherine Hoover were visiting Carson’s friend William Dehayes. Carson and William both collected and shot firearms as a hobby and were discussing different guns they owned. During their conversation Dehayes was twirling a .22 caliber revolver in a manor he referred to as the “cowboy maneuver.” Dehayes stated he was lowering the hammer of the revolver in order to disarm the firearm when it misfired and discharged striking Katherine in the head. Katherine was transported by Fire Rescue to the hospital
where she was later pronounced deceased. Dehayes was also transported to the hospital complaining of chest pains and difficulty breathing. Hernando Sheriff’s Office referred manslaughter charges to the State Attorney’s office. The State Attorney determined there was not enough evidence to support the charges of manslaughter at that time.

INVESTIGATION:

On April 13, 2016 I attended a pretrial conference at the Hernando County Court House where William Dehayes was attending court in reference to new charges of discharging a firearm and disorderly conduct. These charges came a year and a half after he had caused the death of Katherine Hoover. Mrs. Bryan was present at the pretrial and I made the state attorney aware of her presence. I requested if they were to accept a plea deal, she be allowed to address the judge.

There was no plea deal accepted at that time. The media was present and Mrs. Bryan and I did give an interview in hopes that any additional witnesses in her daughter’s case might come forward.

Over the course of the next few months’ additional media coverage, website postings, neighborhood checks and radio interviews were done, but did not reveal any new witnesses that would assist in Katherine’s’ case. Our hope was that if Dehayes had acted recklessly prior to Katherine’s death with a firearm that a witness would come forward.

Peeler Group International firearms experts reviewed the witness interviews, photographs and reports which unfortunately did not yield any additional information. However, one thing our experts did conclude was that anyone with any firearms experience should not handle a firearm without making sure it is unloaded and even then you make sure it is pointed in a safe direction. This is basic firearms safety, something Dehayes did state over and over again he was familiar with.

On May 17, 2016 I attempted to contact the Florida Department of Law Enforcement (FDLE), Brenden Shally, I left him a voice mail requesting he phone me. I did not receive a return call or any cooperation from FDLE.

After reviewing Detective Breedlove, the case detective for Hernando Sheriff’s Office, reports it is clear he did a thorough investigation of Katherine’s death. But as in any case a new set of eyes can sometimes reveal new ideas. I did have some suggestions I would like to make. I am aware the State Attorney does not feel there is enough evidence to support a Manslaughter charge. In my career at the Pasco Sheriff’s Office Major Crimes Unit, this happened to me on many occasions. There are times that the case does not rise to that of criminal charges and there are times that there is further
information that is not initially found or available that would change that standing.

SUGGESTIONS:
-Check with the hospital where Dehayes was treated following the shooting to see if they took blood and checked for toxicology levels. (I noticed in the crime scene photo’s a bottle of Hydrocodone) this narcotic was not mentioned by Dehayes as being taken by him prior to the shooting. This may have been done but it was not mentioned in the reports.
-I would re-interview Christine Erickson, Dehayes girlfriend. I attempted to interview her but she refused to speak with me, she and Dehayes are no longer together. Her interviewed stated Dehayes was twirling the gun when it fired, which is inconsistent with his statement that he was lowering the hammer when it fired.
-I would re-interview Christine’s son, Bailey Erickson, his account of what occurred bothers me, it is to specific and exactly as Dehayes recounted it, down to which finger he used to twirl the gun to which finger he used to lower the hammer. This information came from a thirteen-year-old who was sitting on the couch in the living room at the time of the shooting, There were only three people who actually saw the shooting, Dehayes, Bailey and Christina. All other witnesses were
distracted when the gun discharged.

-Although there is no doubt Dehayes did not intend for the gun to discharge there is a doubt as to when it discharged.

Dehayes was standing at the kitchen table and Katherine was seated across from him. She was struck in the eye and the bullet traveled upward and lodged in her left temporal lobe. This indicates that the bullet traveled upward, this leads me to believe the gun discharged when Dehayes was twirling the gun, not when he was letting the hammer go forward. It would be an unnatural motion for the gun to be that low and pointed in an upward direction to let the hammer go forward. I
believe this difference is important to DeHayes actions as to when Katherine was shot. FDLE has already determined that the gun was not malfunctioning as DeHayes claimed. I suggest requesting a trajectory test be conducted utilizing both scenarios to prove this theory. Below I have provided a photograph of the crime scene to show where Dehayes was standing during the shooting on the left and where Katherine was seated eating McDonald’s on the right. I also provided a photograph of where the bullet entered Katherine’s left eye and lodged in her left tempural lobe.

CONCLUSION:
After my investigation of Katherine’s shooting I could not locate any witnesses that supported Dehayes had previously acted in a reckless or wanton manner while handling a firearm prior to Katherine’s death. However, his recount of the events of when Katherine was fatally wounded do not match her injuries. He maintains he had twirled the gun, stopped and was in the process of lowering the hammer when the gun fired. This does not match her wound pattern, the bullet entered her left eye and traveled up warded. She was seated at the kitchen table and Dehayes was standing across the kitchen table standing. His claim to have been lowering the hammer when the gun discharged does not match the upwarded motion the bullet traveled. However, if the gun discharged while he was twirling it, this would match the upward pattern. A trajectory test could determine the probability of the gun’s position when it was fired. If Dehayes was untruthful about his actions when the gun fired this may support his reckless and wanton behavior that is required by the state for
prosecution. Further, if records are available at the hospital where Dehayes was treated it would show if he was under the influence of narcotics or alcohol at the time of the shooting.

Thank you for taking the time to consider my investigation and findings I sincerely hope that it assists the Sheriff’s Office and the State Attorney’s Office with this case.

Please do not hesitate to contact us if we can be of any further assistance at Peeler Group International.

Sincerely,
Lisa Schoneman
Investigator

cc: Hernando State Attorney
Amanda Murphy

I do not agree that Detective Breedlove did a through investigation as he made the determination of “Accidental Shooting” before my daughter died. I do believe because Dehayes stated he talked to his good friend Sgt. Holbrook who worked for the Sheriffs office is one of the reasons the case was not prosecuted. Anyone who watched the interview with the detective would see that the detective was coaching Dehayes. Dehayes admitted he had taken Narcotics in his statement to Breedlove. I also feel that Peter Magrino did not watch the video tape between detective Breedlove and Dehayes. I feel the FDLE has not done there job either. They should have investigated this case with all the flaws I found that should have been done but werent.

Lastly, I would like to say that in the past two years I have been fighting and researching I have found the public needs to research and investigate the candidates they want in office. Change doesn’t happen unless the people make it change.

AUG 6, 2016 — On August 4, 2016, William Dehayes went to court for firing his 12 gauge shotgun in the air in the mobile home park. I, of course, was there. When his name was called by the bailiff he approached the podium with his attorney. The judge asked what is going on with the case and his attorney Daniel Archer said “Since the State Attorney’s Office is Rock Solid we need a trial” What this means is the State Attorney's office is not lowering the misdemeanor charges and are not willing to offer Dehayes anything less than the 11 months 29 days in jail. The trial date has been set. September 23, 2016, 
After I left court I stopped at the Hernando County Sheriff’s office to see if they had received the Private Investigators Report. I met with Lt. Hayden who assured me they have received it and are reviewing it. I will update as news comes in. Thank you, everyone, for your support and help.

AUG 18, 2016 — So because the Hernando County Sheriff’s Office particularly Detective Breedlove screwed up the investigation by not following police procedures this man gets to walk around Hernando County still shooting his guns and my daughter and grandsons life were taken and they get no justice. Where are their civil rights? Like the right to live!

Still No Charges in Shooting Death of Mother and Unborn Son, Despite Investigator's Findings
WARNING: EXTREMELY GRAPHIC IMAGES BROOKSVILLE - Over the last few years RNRF has published several articles on the 2014…www.rnrfonline.com

SEP 9, 2016 — There is no justice when it comes to the Hernando County Sheriff’s Office — The Detective in my daughter’s case was Detective Breedlove. He did not do a proper investigation by not following police procedures. On July 26, 2014, my pregnant daughter Katherine Bryan Hoover and her new husband were visiting William Dehayes at his residence in Brooksville, Fl. While Katherine was sitting down at Dehayes dining room table eating McDonalds, this man decided to show off his guns to her husband. He checked the first two weapons for ammunition but the third gun, a .22 revolver he never checked and began twirling it like cowboys do in westerns. (Something he learned off YouTube he later says.) Subsequently, pulling the trigger while twirling his gun he shot her in the eye. Dehayes, who killed my daughter and grandson has never been prosecuted, detained or arrested for the crime of manslaughter. He admitted to the detective in his interview which was done several days later he had taken Methadone, Lortab’s and Sonoma at dinner time. She will shot approximately at 6:30 pm. Now, not even two years later, on March 17, 2016, he was shooting his 12- gauge shotgun out in public in a mobile home park with his girlfriend’s 16-year-old child fully intoxicated on Crown Royal and Beer. When he killed my daughter there were children present in the room who witnessed it. (Child Protection was never called to protect the children who witnessed the shooting. Blood tests were never requested as per the sheriff’s office he did not appear high) He subsequently was arrested on discharging a firearm and disorderly conduct. He posted bail and got out of jail. He went to court and plead not guilty. He has requested a trial even though his statements to Sheriff’s Deputies that he did shoot the gun and he knows gun safety.(He did not have a permit for any weapons when he killed my daughter and also told law enforcement when he killed Katherine he knew gun safety.)

To read more please click on this link:

http://www.rnrfonline.com/still-no-charges-in-shooting-death-of-mother-and-unborn-son-despite-investigators-findings/

To sign my petition please go to this link. The petition has all the updates including the 911 call and the detective interview:

https://www.change.org/p/state-attorney-brad-king-gives-free-pass-to-baby-killer/u/14035262

When I was a little girl I had always dreamed of becoming a lawyer and eventually a judge. As an adult, I started attending law classes and got excellent grades. I quit school when I realized the justice system was not fair at all. I always thought people went to law school because they believed in the justice system and wanted to enforce the laws. Protect the innocent and prosecute the criminals but that is not how it is, the truth is, the justice system somewhere along the way became as corrupt as most of our politicians and criminals. Can someone tell me how this came about?

I am a grieving mother and grandmother but that does not mean I do not know what I am talking about. It does not mean that I just don’t want to accept it was accidental if you could prove and answer all my questions that it was accidental I would let it go even though I do not believe in accidental shootings only irresponsible gun owners. I have studied my daughter’s case and have been fighting for justice for two years. I have had many criminal lawyers, former prosecutors, and a private investigator review the case and everyone has said he should be prosecuted for Manslaughter. How can you let this man on the streets knowing the public is in danger as long as he has guns? What about my daughter and grandsons civil rights? They have been violated and what about her oldest child who has to grow up without his mother and now suffers from separation anxiety? Why is it I am paying for something someone else did? How is it right that I have to file bankruptcy because this man caused three deaths in my family within three months and I had to pay for it all! and I still, have to pay to raise a grandchild. When he killed my daughter and grandson he killed part of me. Why is no one in authority will help me? What happened to justice? You don’t get to kill two people and still walk around the streets with guns to kill others.

Where is there, Justice?

SEP 13, 2016 — Update: This morning I found out the defense filed a motion to preclude evidence from the jury so they couldn’t mention Dehayes killing Katherine and Rehlin. They also wanted precluded his interview with the sheriffs as he said” Fuck God!” and “I don’t believe in God” So I called the prosecutor and found out that the prosecutor working on the case is no longer there so his supervisor who I had spoken to before Rob Lewis called me at 12 noon and said that he needed me in court today and that three things could happen one we go to trial, two he was objecting the motion to preclude and the third was he could ask the court for mercy and plea nolo contendere which would take the state attorney out of the picture and then the judge would decide the case. They had a pretrial hearing in the judge’s chambers and of course they used hypotheticals because it was off the record and the defense told them he wanted his motion granted and the state attorney objected then the judge said if he decides he would only give him 60 days jail time and 11 months probation and then the judge asked the state attorney if he had someone who would be impacted and the state attorney told him not directly to this case but someone who has an interest in William Dehayes and he asked the judge if Mercy was granted would he allow me to speak and the defense objected to my speaking to the judge and after the state attorney told him who I was and what I wanted to tell him he said it was relevant for me to speak as a victim impact statement so they waited till there was no more people in court and they went on the record and of course he asked for mercy on the court and the judge told him the charges and what he would be sentenced and then I went up and spoke to the court for a good twenty minutes and the bailiff was crying and so was the court clerk.The judge looked directly at me the whole time I talked and of course I cried and told him how Dehayes had killed my daughter and grandson. I begged the judge to take Dehayes guns away. Finally I thanked the judge for listening and told him that everyday I have to lie to my grandson that justice will prevail and it breaks my heart. I told him the man cost me three people I loved within three months and I was now bankrupt and I miss my daughter very much which was not a lie so the judge gave him 60 days jail and 12 months probation and he is not allowed to have any guns until further order of the court he was then incarcerated and taken to jail.

Let me explain the reasoning behind this: Dehayes has never been charged, arrested or detained for any crimes. This was his first time being arrested. (So his killing my daughter and grandson really did not count in this case.) The Charges were misdemeanors and because he has never been arrested or charged with a crime and the charges are misdemeanors he would have gotten 6 months probation but because the killing of Katherine and Rehlin using a gun is a prior bad act it could be used in his sentencing. So technically this was a win cause for his first time being arrested on misdemeanors he got 60 days jail, 12 months probation and he can not have any guns until further order of the court. I may not agree with the sentencing but unfortunately I understand and his attorney came to me while Dehayes was put in cuffs and apologized to me for my losses and asked me not to be upset with him cause he had an obligation to defend his client which I totally understood and wasn’t upset with him But I do miss my daughter and grandchildren.

I have not given up the fight I now have over 15,720 signatures on my petition and 6,878 signatures on Coalition to Stop Gun Violence. I have spoken to the FDLE and they once again said they couldn’t help me but to stay on Pam Bondi to take the case as well as the FBI for the violation of civil rights to my daughter and grandson. Pam Bondi is hiding cause of all the press and media attention to her collecting a $25,000 dollar bribe or as it is also written a campaign contribution which miraculously the case against Trump University has been dropped from the Florida Attorney General. The FBI I don’t know why they have not returned my calls or answered any of my emails. I think I need to go to the FBI and demand to speak with someone. Isn’t anyone sick and tired of the corruption in this state and all the illegal things our politicians get away with? I think part of the struggle with getting justice is because my daughter’s husband has not and will not help to fight for her and his son. I need an attorney to help me with writing a Writ Of Mandamus which is a petition to get a public official to do their job. It also cost between 5k and 10k to have a lawyer write it up. I had a go-fund me setup to raise funds to get the petitions printed out so I can deliver them to Governor Rick Scott's office. I wasn’t successful in getting enough money raised and the money I did get went to get paper, ink, envelopes and stamps. I need to raise money to pay an attorney and pay for the filing of the petition. I am so disgusted and depressed that no one will help me no matter how much I beg and plead. It wasn’t their child or grandchildren. It amazes me that we have laws on the books but it is only used for select people.

Petition:

State Attorney Brad King Gives Free Pass to Baby Killer
As you may or may not know I have been fighting to get justice for my pregnant daughter who was shot and killed by…www.change.org

Third Former Prosecutor to say Dehayes Committed Manslaughter

FACTS:

William DeHayes shot and killed Katharine Bryan Hoover while playing with a loaded defective 65 year old 22 caliber pistol demonstrating his quick-draw technique in the presence of at least two young children after taking at least four separate prescription drugs whose side effects and interactions are widely known to affect a person’s judgment, reactions, impulsivity, motor coordination, vision, sense of balance and mental alertness to name just a few. THIS IS MANSLAUGHTER

 On July 26, 2014 at approx. 6:30 P.M. five months pregnant 25 year old Katherine Bryan Hoover, visiting William DeHayes at his home in Brooksville, FL, was sitting at DeHayes’ dining room table eating McDonald’s. DeHayes was a former co-worker of Katherine’s husband. She had not met DeHayes previously.

 DeHayes had just ingested Methadone, Lortab and Soma at his dinner. He also admitted in his police interview two days later that he takes Busporin, an anti-anxiety/antidepressant. He was taking it because this was the only antidepressant he could take as an over the road driver. He must have been taking it for a while because he was at the time of the shooting, disabled by back pain and hadn’t been working for a while. The combination of these pain killers with an antidepressant is known in the drug world as the “Holy Trinity” and can produce a “heroin high.” [Google “holy trinity” drug effects].

 DeHayes began showing off his gun collection to Katherine’s husband. DeHayes checked the first two weapons for ammunition when he took them out, but he did not check the third, a 22 caliber 65 year old pistol.

 DeHayes had been practicing cowboy quick-draw routines with his pistol from demonstrations he had seen on you tube.

 He began twirling the pistol like a cowboy. He twirled the gun back and then he pulled the hammer back and put his finger on the trigger. He had the gun’s holster in his other hand. He twirled the gun forward to holster it and as he eased the hammer down, the gun fired.

 The gun had been pointed toward Katherine, who was sitting at the kitchen table behind DeHayes when it discharged. Katherine was hit in the eye. According to DeHayes in his police interview Katherine went “over the chair” when she was hit by the bullet.

 DeHayes stated in his interview that two young boys were immediately present when the shooting took place. A third was in a nearby room. DeHayes admitted in his police interview that he leaves guns out but the children “know not to touch them.” He also stated he had taken the children shooting and allowed them to fire the weapons. This dangerous home environment, with unsecured firearms, at least one of which was loaded, puts the safety of these young children in question. The children witnessed a shooting and were exposed to a bloody crime scene with grave injuries to a victim, who died just hours later.

Their mental and emotional health had been placed in jeopardy and immediate professional support and counseling should have been provided. Police are mandatory reporters of child abuse and neglect. Police failed to call the Department of Children and Families, which they later admitted was a mistake.

 Katherine died a few hours later. Her son was delivered by emergency C-section but he lived only 41 minutes. She left another son, six years old, behind.

 Police did not arrest DeHayes at the scene. He complained of chest pains and went to the hospital. Detectives failed to question him at the scene or ask for blood or toxicology screens at the hospital despite the fact that there was a bong in plain view at the scene of the shooting and at least two of the drugs DeHayes was taking cause constricted pupils…..something that would have been obvious just by looking at him.

 Florida Statutes §790.155(1)(a) if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of controlled substances caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein.

 [Writer’s comment: constricted pupils plus a bong and the reckless action of playing with a loaded gun in the presence of children should have given rise to questioning immediately about any substance use or abuse. This is routine gun accident 101 questioning!!!!!!!The pupils and bong alone IMO are PC for the test — especially since he was going to the hospital ANYWAY!!!!!! Not only were the tests not requested but when Major Terry, pressured by Katherine’s mother [DB] asked the SAO to issue a subpoena for DeHayes’s medical records, the SAO REFUSED to do so.](SAO- State Attorney Office)

 DeHayes said at his interview he had spoken to his longtime friend Sgt. Holbrook about the shooting!!!!! [DeHayes is indirectly related to Sgt. Holbrook related and dated Holbrook’s daughters Per DB] [Writer’s note: delay in questioning allowed DeHayes to receive coaching from veteran police officer friend and relative]. Holbrook should have been questioned about statements DeHayes made to him about the shooting before the police interview.]

 In his police interview two days after the shooting!! DeHayes admitted to shooting Katherine while playing tricks with the 65 year old gun. He had recently had the gun worked on. He admitted to continuing problems with a sticking hammer and a stiff trigger. [Writer’s note: If the trigger is stiff wouldn’t it take more than the normal pull on the trigger to discharge this weapon?]

 DeHayes stated he had last used the gun on the fourth of July. He said he emptied the gun out but he also acknowledged that he knew some of the old ammunition for some reason gets stuck. [Writer’s Note: This alone should have given rise to a greater duty to ensure the gun was free of ammunition before playing with it.]

 DeHayes stated in his interview that “The damn thing just went off. I don’t know if the hammer hit the bullet just right or what.”

 DeHayes also admitted in his interview to leaving his guns out in the open with his boys in the home because they “know not to touch them.”

 The coroner ruled the deaths a homicide. The autopsy reports is dated 25 August 2014.

 The police sent the SAO a culpable negligence case. State Attorney Brad King refused to bring any charges!!!!!!! and he continues to maintain that position.

 Katharine’s mother [DB] hired a former prosecutor and attorney (who represented police unions and police officers) to investigate the case for her privately. The investigator’s determination was that charges should be filed. DB wrote to Brad King and sent him similar cases in which there had been prosecutions. Additionally a respected law school professor who teaches criminal law states in an article he authored that SA King should have prosecuted DeHayes for culpable negligence. [Writer’s note: DB and writer have this article.]

 On September 16, 2015 DB met with SA Brad King in his office. She had provided him with case law from similar cases all over Florida. King said again he would not prosecute DeHayes.

 King told DB no crime had been committed and he would not prosecute. DB asked for a grand jury to investigate. King said “No” because he was the grand jury advisor and he could not convene a grand jury because he did not feel a crime had been committed. [Writer’s note: The purpose of the grand jury is to investigate whether or not a crime has been committed, not merely serve as a vehicle for cases the SA wants to push forward.]

 DB gave King her change.org petition signed by more than 15,000 persons. King said public opinion didn’t matter to him and DB should send her petition to the Governor’s office. King also said he considers more than just the statutes when determining whether or not to file charges. [Writer’s note: Odd statement for the person who is supposed to enforce our laws.]

 King said stupidity doesn’t equal manslaughter and negligent homicide is a civil matter!!! [Writer’s note: So why is there a criminal charge for culpable negligence in the Florida statutes???? Culpable negligence which results in a death is manslaughter per statute!!!]

 King advised DB to forget the money she has laid out in funerals, to become a foster parent and get @$200.00 a month from the state from welfare to raise her grandson and to file a civil suit against the man who killed her daughter and grandson. [Writer’s note: DB cannot file suit because she is no longer next of kin as her daughter was married and King knows that].

 King later wrote to DB in a demeaning matter, arrongantly reminding her that he had given her “an hour of his time.”

 In October 2015 DB met with Major James Terry, a Captain, a Lt., Det. Breedlove and Breedlove’s supervisor. Major Terry said they gave a culpable negligence case to the SAO but King’s office refused to prosecute.

 ASA Peter Magrino was assigned to the case, but King as State Attoney has the ultimate decision on filing. DB was told the SAO said they could not bring charges for killing the baby under 789.09 F.S. because there had been no crime committed against the mother!!!!!

 Police told DB they didn’t ask for a blood test because DeHayes seemed fine.

 The Major said police/SAO would not reopen the case without more evidence. DB offered them case law of similar cases that had been prosecuted in the state. Major Terry declined to look at her research.

 DB filed a bar complaint against Magrino for not doing his job.

 Major Terry later told DB he asked Magrino for a subpoena for the medical records for DeHayes’ blood test results at the hospital and Magrino refused the request!!!!

 Magrino later snidely announced to DB that he was going to “let her slide” on the bar complaint because she was a grieving mother.

 Let’s not forget, that DeHayes collects firearms so he should be held to a higher standard and at the least recognize that of the 10 common safe gun handling rules as outlined by the National Shooting Sports Foundation, he violated the top 4.

 Firearms Safety — 10 Rules of Safe Gun Handling

1. Always Keep The Muzzle Pointed In A Safe Direction

2. Firearms Should Be Unloaded When Not Actually In Use

3. Don’t Rely On Your Gun’s “Safety”

4. Be Sure Of Your Target And What’s Beyond It

[Writer’s Note: State could subpoena the hospital records in the hopes that DeHayes admitted being under the influence of the drugs in his medical history, and to get his hospital diagnostic blood tests. Even without that he could be prosecuted for manslaughter, culpable negligence, killing of an unborn child and/or improper exhibition of a dangerous weapon (firearm). IMO there was probable cause on all these offenses for an arrest or grand jury. State Attorney Brad King chose not to prosecute at all!!!!!!]

DeHayes was recently arrested for shooting a gun while intoxicated. If police had confiscated his weapons and properly prosecuted him earlier this crime would have been avoided.

Internet info on drugs:

Methadone slows down reactions, making a person appear more lethargic and his movements more exaggerated. This means he is more likely to have an accident as one cannot react as quickly as one should. One might also suffer from mood swings, particularly as the body’s supply of methadone gets low. These can range from depression to mania and everything in between, which can really put a strain on one’s health and personal relationships.

Other side effects [Writer’s note: I edited out the side effects etc. not applicable to our facts] include:

 Pinpoint pupils.

Lortab (also known as Lorcet, Norco or Vicodin) is a controlled-substance medication used for pain that is only available by prescription. Lortab use can easily lead to addiction as the narcotic — hydrocodone — affects the pleasure center of the brain to cause euphoria.

Frequently observed symptoms of Lortab use and abuse include:

Mood:

 Euphoria

 Anxiety

 Severe mood swings

Behavioral:

 Social withdrawal

 Becoming argumentative

 Impulsivity

Physical:

 Drowsiness

 Severe weakness

 Dizziness

 Lightheadedness

 Convulsions

 Seizures

 Muscle twitches

 Constricted pupils

Soma is a muscle relaxer that works by blocking pain sensations between the nerves and the brain.

Soma can cause side effects that may impair thinking or reactions. Be careful if you drive or do anything that requires you to be awake and alert. Avoid drinking alcohol. It can increase drowsiness and dizziness caused by Soma. Soma can impair the patient’s ability to operate a firearm, motor vehicles, and other machinery of various types, especially when taken with medications containing alcohol.

Buspirone is an anti-anxiety medicine that affects chemicals in the brain that may be unbalanced in people with anxiety.

Buspirone is used to treat symptoms of anxiety, such as fear, tension, irritability, dizziness, pounding heartbeat, and other physical symptoms.

This medication may impair your thinking or reactions. Be careful if you drive or do anything that requires you to be alert.

Drinking alcohol may increase certain side effects of buspirone.

Common buspirone side effects may include:

 dizziness, drowsiness;

 sleep problems (insomnia);

 feeling nervous or excited.

Taking this medicine with other drugs that make you sleepy or slow your breathing can worsen these effects. Ask your doctor before taking buspirone with a sleeping pill, narcotic pain medicine, muscle relaxer, or medicine for anxiety, depression, or seizures.

Rare side effects

 Chest pain

 confusion

 fast or pounding heartbeat

 incoordination

 muscle weakness

 numbness, tingling, pain, or weakness in the hands or feet

 stiffness of the arms or legs

 uncontrolled movements of the body

More common:

 Restlessness, nervousness, or unusual excitement

Less common or rare:

 Blurred vision

 decreased concentration

 drowsiness

 muscle pain, spasms, cramps, or stiffness

 ringing in the ears

 trouble with sleeping, nightmares, or vivid dreams

 unusual tiredness or weakness

Using methadone together with Soma may increase side effects such as dizziness, drowsiness, confusion, and difficulty concentrating. Some people, especially the elderly, may also experience impairment in thinking, judgment, and motor coordination. Also avoid activities requiring mental alertness such as driving or operating hazardous machinery until you know how the medications affect you.

Using methadone together with Buspirone may increase side effects such as dizziness, drowsiness, confusion, and difficulty concentrating. Some people, especially the elderly, may also experience impairment in thinking, judgment, and motor coordination. You should avoid or limit the use of alcohol while being treated with these medications. Also avoid activities requiring mental alertness such as driving or operating hazardous machinery until you know how the medications affect you. Talk to your doctor if you have any questions or concerns. It is important to tell your doctor about all other medications you use, including vitamins and herbs. Do not stop using any medications without first talking to your doctor.

Applies to:Buspirone and Lortab (acetaminophen/hydrocodone)

Using Buspirone together with Hydrocodone may increase side effects such as dizziness, drowsiness, confusion, and difficulty concentrating. Some people, especially the elderly, may also experience impairment in thinking, judgment, and motor coordination. You should avoid or limit the use of alcohol while being treated with these medications. Also avoid activities requiring mental alertness such as driving or operating hazardous machinery until you know how the medications affect you. Talk to your doctor if you have any questions or concerns. It is important to tell your doctor about all other medications you use, including vitamins and herbs. Do not stop using any medications without first talking to your doctor.

…..” the drug trio — hydrocodone (a narcotic), alprazolam (an anti-anxiety drug) and carisoprodol (a muscle relaxant). These drugs — known as the “Holy Trinity” or “Houston cocktail” — when taken together can produce a heroin high.”

Statutes and legal commentary:

790.10 F.S. Improper exhibition of dangerous weapons or firearms

If any person having or carrying any ….. firearm…… shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree…

784.05 FS Culpable negligence. —

(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

The following excerpts were taken from prominent Miami attorney Yale Galanter’s website:

“Culpable Negligence can be defined as acting recklessly without caution and putting another individual at risk of either injury or death. Every citizen has the responsibility to hold themselves to a standard and act in a reasonable manner towards one another. If that responsibility is violated and there is a conscious intention to harm or hurt another citizen then the violation is considered negligence.

Culpable negligence is an action that shows a blatant disregard to an individual’s life or a disregard for the safety and general well being of the public. When a homicide doesn’t meet the legal definition of murder, the Florida state laws permit a prosecutor to pursue a manslaughter charge. In the state of Florida manslaughter can be either voluntary or involuntary. Voluntary manslaughter is an act that an individual takes to intentionally cause hurt or harm to another citizen. Involuntary manslaughter does not require a person to have the intention of harming another individual but yields the same result of voluntary manslaughter.

In order for a prosecutor to prove involuntary manslaughter they need to show that the defendant acted with culpable negligence. An example of culpable negligence would be if an individual were in possession of a gun without the knowledge of it being loaded and then accidentally firing the gun and harming someone. This scenario would most likely meet the requirements that can lead an individual to being charged with culpable negligence.

Manslaughter is recognized as a second-degree felony …. Second-degree felonies can result in a lengthy prison time of up to fifteen years and hefty fines of $10,000. In the circumstances where a defendant is being accused of manslaughter of a child or a senior citizen, Florida will treat the case as a first-degree felony. A first-degree felony can potentially increase the length of imprisonment to up to thirty years.”

782.07 Manslaughter; …..

(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, …

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree…

782.09 Killing of unborn child by injury to mother. —

….

(2) The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a felony of the second degree, …..

Case law provided by DB:

“ ‘Culpable negligence’ as used in the manslaughter statute means negligence of a gross and flagrant character evincing a reckless disregard of human life or the safety of persons exposed to its dangerous effects, or that entire want of care which would raise the presumption of indifference to consequences; or which shows such wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an Intentional violation of them.” Charlton v. Wainwright, 588 F2d. 162 (1979) citing Carraway v. Revell, Fla.App.1959, 112 So.2d 71; Cannon v. State, 1926, 91 Fla. 214, 107 So. 360.

Justice Levine’s order in Hosnedl v. State, 126 So.3d 400 (Fla. App., 2013) in which he writes: “A firearm is a deadly weapon, and firing a firearm constitutes deadly force …“This is so whether the firing was intentional or not. The nearly indistinguishable matter in Sapp v. State, 913 So.2d 1220 (Fl, 2005), where Robert Sapp was tried by jury and convicted of manslaughter for the shooting death of his friend, Steven Smith whom he admitted to shooting by accident while impaired on alcohol, marijuana, Xanax and cocaine. The only difference being that Dehayes was impaired by methadone, Lortabs, Soma and Busporin. [Writer’s note: Brad King’s jurisdiction while he was State Attorney!!!] The Lake County Case of Terrell Purley (2012 CF 000481) who merely grazed his friend’s head when his weapon accidentally discharged as he sat home playing with the firearm and watching TV with the friend. Purley was charged with Shooting at, within, or into a dwelling and Evidence Tampering. After a plea of No Contest, he was adjudicated guilty and sentenced to probation. (9 months county followed by 5 years probation and ordered to pay $10,858.28 for restitution.

[Writer’s note: The article by the law professor contains additional cases.

The foregoing are but a few examples that support the prosecution and conviction of DeHayes. King needs to let a jury decide DeHayes’ fate. This was no accident.]

So can I ask Is something being held over these prosecutors heads? Are they related to Dehayes? Are they really good friends with Sgt. Holbrook? With all the evidence why Does Peter Magrino and Brad King refuse to prosecute? Why will they not do their jobs?