Excerpt from Florida Department of Law Enforcement's Special Agent in Charge, Dominick D. Pape, to Florida's State Attorney Brad King on March 28, 2012:

"Dear Mr. King, After meeting with your staff on March 15, 2012 and reviewing your office's final memorandum, I understand your position that the facts as they currently exist do not support the prosecution of Jeremy Banks for any homicide offense. It is my office's opinion based on the facts of this case and your memorandum that this case clearly warrants an Inquest into the death of Michelle O'Connell pursuant to Chapter 936.003, Florida Statutes..."
http://www.justiceformichelle.com/FDLE.pdf
 


READ A BRIEF PORTION OF JEREMY'S INTERVIEW WHERE HE ACTUALLY STATES THAT HE HAS ALREADY READ THE REPORT. KEEP IN MIND THIS IS THE FIRST INTERVIEW AT THE SHERIFFS OFFICE AND HE WAS ALLOWED ACCESS TO THE REPORT AND EVIDENCE PRIOR TO GIVING HIS FORMAL STATEMENT!

http://www.justiceformichelle.com/ReportRead.pdf


FROM  FDLE INVESTIGATION, CASE # JA-73-1483, IR # 66

CONCLUSION OF
CRIME 


Scene Reconstruction Specialist and Blood Splatter Expert, Dr. Jerry concluded: Ms. O'Connell was in a sitting or kneeling position when the shot was fired. The weapon would not have fallen in that location. The spinal cord was severed, precluding any movement of her hands after the injury.
 
She fell back and did not change position. This is based on the blood flow on her face.

She was struck above her right eye by the front sight of the weapon.

The blood on the duty belt is inconsistent with the lack of blood between her body and the duty belt.

The lack of J. Banks' DNA on the weapon is suspicious because it is his duty weapon.

IF Ms. O'Connell fired the weapon, it would have to be with her left hand in order for the shell casing to land where it was recovered. Her left hand would be the weaker as she was right-handed.

The combat light was turned on, this requires two actions.

The absence of blood on her left arm and sleeve is not consistent with her using her left hand to fire the weapon. This is based on the injury to the left corner of her mouth which would have left impact stains on her left arm had she used her left hand to fire the weapon.

The presence of impact stains on her right arm and sleeve is consistent with a defensive posture.

One shot was fired into the floor to the right and close to her body. The wound track is front to rear and slightly downward.
 
There are two eyewitnesses who stated they heard a woman cry for help, then a shot, another cry for help, and another shot. They PASSED FBI ISSUED POLYGRAPH TESTS

Ms. O'Connell's blood is located on the inside of the yellow t-shirt that J. Banks had on that night, however, the photographs are not clear enough to determine the pattern type.

The above information and the totality of the circumstances are not consistent with suicide, they are consistent with homicide.

FDLE
investigation, Case # JA-73-1483, Serial #128 Univ. of Florida Child Protection
Team Senior Case Manager concluded based on an interview with Alexis that:


"Alexis was exposed to Domestic violence by  J Banks, Alexis substained an injury from physical discipline by Banks,  which would constitute physical abuse, Alexis was present when Banks hit
Michelle with a belt, and jumped on her Mother"


NEW INFORMATION 03/29/2013
http://staugustine.com/jim-schoettler/2013-03-28/st-johns-county-sheriff-calls-internal-investigation-fdle-probe-2010-death#.UVbxON_n_mI 

http://www.firstcoastnews.com/news/local/story.aspx?storyid=306169 

Shoar blasts the FDLE for their investigation into the death of Michelle O'Connell. FDLE did their final debriefing last year, why are you suddenly interested in reviewing their findings after all of this time Sheriff Shoar? I can give you that answer directly from Shoar's report, " On February 7, 2013 a public records request was filed by an investigative reporter from the New York Time's concerning the O'Connell case. Within the next couple of weeks the reporter actually came by SJSO and met with our Public Information Officer, Commander Chuck Mulligan. During this meeting it was learned that the reporter was in fact an investigative reporter from the New York Times and his credentials and background were impeccable. It was also learned that he had extensive knowledge of this case and had been to St. Augustine on more than one occasion investigating it. Immediately after I learned an investigative reporter from The New York Times was reviewing this case (around February 7, 2013) I called 3 individuals to let them know the reporters interest so they would not be caught of guard when he contacted them. I soon met with members of my executive staff to begin this review and one of the questions came up was the status of the evidence that was collected in this case"
So basically Shoar... you wait a year after FDLE is done investigating to voice any concern for reckless behavior, coaching witnesses etc??? Are you sure you are not just scared of the New York Times? Also, as soon as you hear that NY Times is involved you demand all evidence is returned to you, ha that smells fishy! 

COMMENTS:

Anonymous Commented:
Is that the deputy in his Sheriffs Office uniform? That can't be exemplary behavior?

Concerned Commented:
It is very alarming to see he has abused a child and is still allowed to be a police officer. These are the people that protect us, pretty scary!!!

anonymous St. Augustine Commented:
I went to shcool with both Michelle and Jeremy. I do not in NO way think Michelle would have done this!!!! 
She needs justice!!!!


 Shocked Scared Commented:
 This case is so obviously a homicide covered up by SJCSO. They too should be liable for Employing Jeremy Banks, who had warning signs as a  dangerous person before he took Michelle's life. Is this why they worked so hard  to cover this murder? Is it for fear of liability? Shame on you Sheriff
Shoar. 

Sara Bruce Commented:
It is hardly unbelievable that this police department (or any for that matter) would cover something like this up to save face... and yet they expect/want the public to support and trust them. How do I teach my children to trust that the police are here to help them when they could possibly be connecting with a bad apple (or barrel of them in this case)?? Doing what is  right reguardless of whether it is popular or bad press producing should take presidence... Justice for Michelle!

Jennifer Reyes Commented:
God gained an Angel, now St. Johns County needs a new inmate!!!! Justice For Michelle!!!

Riley Watters  Commented:
Dear Website Administrator, Please e-mail this link to  Sheriff Shoar DShoar@sjso.org, so that he may see the uniform he provided Deputy Jeremy Banks being disgraced. I am offended that he would even take a picture  while flicking the bird in HIS ISSUED SJSO UNIFORM !!! The Sheriff must see this. Maybe then the true colors of Deputy Banks will be brought to light. Is this what the tax payers of St. Johns County get when they call for assistance ?

Website Administrator Commented:
@Riley I will do that now!

Website Administrative commented: This is confirmation that Sheriff Shoar recieved and read my message.. I did not recieve a reply.
Your  message    To:     David Shoar   Subject: unhappy citizens of St. Johns County 
  Sent:    Fri, 10 Aug 2012 23:52:51 -0400  was read on Sat, 11 Aug 2012 20:59:36 -0400

Bob Angley Commented:
Justice for Michelle.

Shelby T. Commented:
A Haiku for Michelle: beautiful michelle love endures, we  pray for you we lift high your name Will those in power hear our cries? Or will they continue to gn over the weak and tired and poor, and ignore the rights  they say they uphold AND Constitutional oaths they swore to. You may believe in  Karma, you may not. But when those in power rest at night, do they sleep  soundly? Many men in power fear doing the right thing in fear they will lose heir power. We must never stop the peaceful questioning of authority, through  peaceful manners. Remember the dangerous plight of Dr. Martin Luther King Jr. who triumphed against the tyrants and prejudice powerful. He must be the example  we follow in our pursuit of justice for Michelle O'Connell. And we will always  remember the lives of those taken at the hands of Domestic Violence. Keep  burning your candles of peace and pray for their families; especially Patty  O'Connell. A mother who was walked through the depths of hell to be heard but was silenced. She did not waver, she did not give up. She will always seek peace and pray for those in power. God is their ultimate judge, from whom they will  not be able to hide from. And unlike those involved in this case he will not  cower or hide. He will come forth and render justice. Do not be afraid. Our beautiful Michelle, we lift you up and we hold you in our hearts. They can strip  us of our rights, But they can never remove our spirits and faith, and  commitment to you. Justice through peace. God Bless.

Bob Johnson Commented:
Two years have passed with no action. It's time that "We The People" stand up and be counted... We all need to send emails post every blog and work the social media for all it's worth. Don't just do it once keep on  posting until everyone has seen it. We need to support the O'Connells in their quest for justice. Here is a place to start... Please send an email to  bking@sao5.org all you have to write is "Justice for Michelle" Also, please share this post. This could really make a difference in getting a grand jury convened. PLEASE! Facebook could really make a difference in this case.

Deon Gates Commented:
Justice for Michelle (and so many others just like her). 
 
J. O. Commented:
The Betty Griffin House is correct in saying "It takes a community to end Domestic Violence". This statement begs local leaders, advocates, and people like you and I to bring forth our stories so that victim's  rights are not wasted. Sheriff Shoar, State Attorney RJ Larizza, and Brad King  (the power players in this case), refuse to talk about this case. They know if  they do they will be embarrassed by their actions. Additionally, they will be  more embarrassed by their inactions. The facts backed and  supported by forensic  evidence, experts in respective criminal justice disciplines, and nvestigative  reports compiled by the Florida Department of  Law Enforcement all lead a logical  and prudent person to probable cause. This probable cause supports the decision  to call for a Grand Jury. If it’s politics  they want removed, then a Grand Jury  is the best place to do that. The people hear the arguments. The people hear the  case argued by the FDLE team, criminal justice experts, and here’s the kicker;  SJSO Deputy Jeremy Banks’ attorney too.
This is the definition of fairness. The  decision to call a Grand Jury tells the people of this community, this State,  and this Nation, that they will be heard
and provided their rights accordingly.  This is the fairest way for the justice system to prevail. If an indictment is  reached, those who tried to sweep this
case under the rug will be held  accountable. But more importantly, residents of this town will regain faith in  the CJ system. A system that is broke down right now. A system that is in need  of repair. A system that can and must be turned around. Folks, there is a  problem when a young woman dies at the hand of violence and those who control  the process and decision making close the door to the notion of accessibility to  justice. A Grand jury guarantees nothing more than the opportunity to justice.  Shame on you RJ. You punted the ball to another jurisdiction when you were first  and 10 at the Goal line of doing the right thing. You had all the facts,  questions, and answers you needed, yet you let your political connections guide  your decision making. You can shell out  money with clever slogans on signs that  you place around town, but the truth is you are a politician. A true prosecutor  never punts on first and 10, but you did! A true prosecutor marches down the  field of justice until victory is obtained. You entered your position on the  heels of corruption in 2008 and you must now leave office under the same arena.  The time for change is now! A new idea, a new commitment, and a new plan to put  people before political futures is needed in St. Johns County. This Tuesday,  August 14th., don’t just send RJ an e-mail that he is no longer wanted, send him  packing for good by voting for Stasia Warren. *** Please feel free to share this on other blogs, news stories, and links. ***

Creekside Cruiser Commented:
My understanding of the States Attorney and his office was to represent the public, the people who have an interest in seeing justice prevail. Isn't Brad King the Chief Advisor to the rand Jury we all so desperately call upon. Brad King has sufficient, admissible evidence. It's his job to coordinate with law enforcement, not insult  them, and call their work"theory." After all, its his own  jurisdictional,Former Chief Medical Examiner, Cogswell, who won't author a report on his ruling of suicide. He wasn't present at autopsy either. When did FDLE get to question his "theory?" That's right he gave an opinion, a theory, and then disappeared into thin air. Did he put his explanation in writing? Brad King, are you a former police officer yourself? If so,that's not a conflict? Right now, your county has enough issues of its own, no need to continue to dirty the water more in St. Johns County. We will get justice in court, it will be criminal court. The day you remove yourself from officoe, is  the day the legal system can come up for a breath of fresh air.
What is Brad Kings opinion in the fact that St Augustine States Attorneys Office Investigators wanted to exume her body. The fact they were ready to proceed with  recommending charges to be filed. How then do you come to an entirely different  conclusion. Did you even have all the facts in March of 2012, from your investigator? Did he speak with the investigators from R.J Larizzas office?  Where are those notes? Where is your offices work product?
You called the  eye witnesses, "solicited" , however, the polygraphs they passed were Secret Service/FBI standards, I dare you to say, no deception indicted , was solicited.  You wouldn't dare, that would be the end of your career, as a "career  politician." A grand jury is the only way to prove that 20 unbiased people  can see all of the evidence from both sides, and come up with their own "theory", I mean conclusion.

L L Commented:
This whole story reeks of a cover-up. It amazes me how a badge can also serve as a halloween mask!!! 2 shots fired? So is that the norm? So what you are saying is that before someone commits suicide they fire a warning shot? C'MON? This piece of human trash must be charged. Coward. Hiding behind the badge...

Brad king Is a joke Commented:
Please email Brad King and tell him Justice for Michelle! His email address is BKing@sao5.org I email him once a day!

Peg Wallace-Carlson Commented:
The picture does not lie. It is  disgusting, shameful, and it proves that certain persons can get a way with  everything and not be held accountable.

Riley Watters Commented:
Any reply from Sheriff Shoar ??

Website Administrative commented: This is confirmation that Sheriff
Shoar recieved and read my message.. I did not recieve a reply.
Your  message    To:     David Shoar   Subject: unhappy citizens of St. Johns County  
 Sent: Fri, 10 Aug 2012 23:52:51 -0400  was read on Sat, 11 Aug 2012  20:59:36 -0400 
 
Fire Shoar Commented:
Shame on you Sheriff Shoar. All of this evidence proves you  have a murderer working for you and instead of firing him and apologizing, you  protect him, to protect your own job. Once all of the evidence is out you will  have to face the people of St. Johns county. I hope you do the right thing.

Vickie Wilson Commented:
there is no justice when a corrupt county covers up an investigation into a death, if it was YOUR daughter would there be an investigation? I was an abuse victim and a piece of paper telling the perp to stay away does not work! Exspecially when he IS law enforcement and to know he is on the street Are you kidding me? how will HE handle future domestic Calls, what right does he have to govern the county, this is horrible and to her family  I am so sorry that "Lady Justice" is so blind in this case, furthermore the  picture of him flipping the finger in his Offical uniform, says it all, We as  the people demand an unbias investigation, called a grand jury, we r getting the  media involved alol the way to Nancy Grace, she loves communities that hide  behind the code of silence with the department. JUSTICE  FOR MICHELLE NOW NOT LATER!


George K Commented:
Two deputies let go, one for stalking and one for domestic  violence but the one accused of killing Michelle is still on the force. Let it  go to the grand jury and if he is innocent so be it. If he is guilty than let  the law take its course but at least give the family some closure. Especially if  the FDLE has asked for a Grand Jury investagation let the Grand Jury decide than  the pressure is off the sheriff and his office. Thank you

Deborah Jerolman Commented:
OUTRAGEOUS! STOP DOMESTIC VIOLENCE AND GET THIS CASE TO THE GRAND JURY!
No mother shoots herself leaving her daughter behind by her own hand  with her boyfriend's gun!!! People that sleep at night when they have committed  a murder or know that they are preventing JUSTICE in a murder case should know  that what comes around goes around...eventually YOU will pay for your crimes. A  VICTIM'S LOST LIFE BECOMES AN ANGEL IN HEAVEN. Michelle's life and voice should  not be in vain on earth, either. In God's eyes and hands......you can never hide

Victim  Advocate Commented:
The Florida Legislatures Office of Program Policy Analysis & Government Accountability :
State Attorneys are to represent the State of Florida. State Attorneys can generate a criminal case by several  different ways:  Grand Jury Investigations~The function of the Grand Jury in criminal matters is  to investigate and determine whether there is sufficient evidence to justify an  indictment against an accused. The grand jury must ascertain whether there is  probable cause that a crime has been commited by the person so accused. If it  determines the evidence is sufficient to constitute probable cause, the grand  jury issues an indictment on which the accused will
be put on trial. The voice  of the people(grand jury) should ascertain whether there is probable cause and  sufficient evidence, not just one man(Marion County State Atty Brad King) who happens to be an ex law enforcement officer, the same profession as the person  of interest. What would happen if a grand jury found probable cause and  sufficient evidence as proposed to them by another State Attorney, ( without any  further investigating)and provided an indictment? The Governor,Rick Scott, must  put this issue, this distrust of law enforcement, this lack of safety for St.  Johns County, this liability, before the people, he must intervene, and appoint  a Prosecuter to present the evidence as it stands accordingly, before a grand  jury. Advocate for Victims: they're voices are longer heard. 

Ron Guarnieri Commented:
This death screams for the attention of Pam Bondi and everyone in law enforcement and those who take an oath of office. It stinks and if you do nothing, you stink with it.

Oswald Mouse Commented:
Did some research on the SJCSO policy manual. Policy 26.1.87 states "conduct unbecoming an officer which may not be specifically set forth in these rules and regulations" and policy 26.1.70 states performing any acts or making any written or verbal statements which tend to bring the SJSO into disrepute or ridicule or which tend to interfere with the reasonable supervision or proper discipline of the SJSO." Doesn't Banks (above) violate these policies? (BTW) anyone can check out a policy manual..go get one!

D Bell Commented:
 I have just emailed Sheriff Shoar AND State Attorney Brad King about this disgraceful injustice! I am a resident of St. Johns County (and made sure they both knew it). THIS is the face of law enforcement in St. Johns County???! As a resident, I certainly do not feel safe with a man like this in the powerful position of law enforcement. He is obviously above the law. Our elected officials NEED TO DO THEIR JOB! If this man is innocent, then he has nothing to fear.

Fight For Justice Commented:
So Drew Petterson finally convicted gives me hope that someday we will have Justice for Michelle.

ray glover Commented: 
get them all out of office. put people in who care for the  well being of others instead of who is rep.or dem. lets take our country and our  pride back. we have become a nation of wimps

Ryan Thompson Commented: Get Justice!!

Deon Gates Commented:
Michelle has PEOPLE who are going to see this through.

Elise Jaudon Commented:
This incident has sent chills down my spine. As the mother of a 9year old son I can't help feeling lost. I try to teach my son that law enforcement officers are here to help and protect us. What  am I supposed to do when the very people that are bound by duty to protect my  little one are quite literally GETTING AWAY WITH MURDER?

Ciara Morris Commented:
Michelle was a fun loving person, she loved her daughter more than anything in the world, our slogan was "when one door closes another one opens, you never know what tomorrow may bring" infact that was her myspace profile about me section. Michelle loved life, I know in my mind and heart that she wouldn't leave Alexis but that is not what I base my judgement on. I base my judgement on FORENSIC EVIDENCE. Yes evidence, that is the important factor in this case... when Florida Department of Law Enforcement did their investigation they concluded it as a homicide, these people were the EXPERTS brought in to CLEAR Jeremy and they found him GUILTY. Yet we are still denied a grand jury. Please add your name to our petition to convene a grandjury. Justice should be served and we all deserve to have this criminal taken off the police force.
 
 http://www.change.org/petitions/brad-king-bring-michelle-o-connells-case-to-a-grand-jury?utm_campaign=share_button_modal&utm_medium=facebook&utm_source=share_petition&utm_term=5848174

Ivey Schulkers Commented:
I am praying for justice for Michelle and even more for the daughter and family/friends left behind.

Anonymous Victim of SJSO Commented:
 
I too have been victimized by the self-serving alliance between SJSO and the state's attorney's office. I know just how you feel. I thought the rapture had happened, I got left behind, and the devil was in charge. My whole world was destroyed by the same cynical machine that uses its power to cover up for Jeremy Banks. In my case, they used that same power unashamedly and self-righteously to convict an innocent man. I quickly learned,  as you have, that their idea of an "investigation" is not a search for truth, it's just a way to stack the cards. The paper will take whatever the pen puts
on  it. Eight years ago, I watched helplessly as a corrupt system took away my  husband, my family, my home, everything. It's a daily struggle to move on, to get past all that. Michelle's case opened old wounds. I have followed it  closely, feeling so much rekindled anger along with commiseration with
  Michelle's family. Imagine my horror and outrage when that murderer, Jeremy Banks, showed up at my door in his SJSO uniform (which I've come to detest) to take a routine police report on a minor issue. I told him to get the hell off  my  property. I didn't need a police report THAT badly. DON'T GIVE UP! Keep  fighting. You have a very strong ally that I sadly lacked - popular opinion is  on your side. There are a lot of people out here who believe Michelle's memory got railroaded just to save the hide of a bad cop. A murderer, whom they blithely send out in a patrol car, with a gun, to "protect and serve". Why would  anybody trust any of them?

Dori GArdner Commented:
Sounds like this story has to become a Lifetime movie to prompt these officials into finally responding with appropriate measures to pursue Banks as the only viable suspect. Hopefully citizens will act sooner and take advantage of the only options left to the public, as voters, expressing the  results of this inaction, by making the necessary changes in the "power and control" officials that are chosen. People must use their voices to demand accountability from everyone, regardless of means or community standing. 

Gidget From The Block Commented:
I pray for the O'Connell family, especially for Justice For Michelle. Shame on you Sheriff Hoar (and that it his original name before he cowardly changed it) and the rest of your incompetent officers/criminals. 
 
 Ashley Clark Commented:
 
I hope you get the Justice Michelle and her daughter  deserve. 

Tammy Chapman Commented:
My most sincere condolences, I am sorry for your loss. I am writing because your story has many similarities to a 2008 tragedy in St. John's  County, when my son William was fatally shot. The conclusions of your private  investigator are intriguing in that they are so similar to the conclusions of  our (2) separate and individual private investigator(s) with regard to William's  shooting death. You have been fortunate in that the FDLE  has supported your  inquiry. We were not so lucky in that respect. However, we hold out hope that  one day justice will be served. I would be happy to put your
PI in touch with  our PI's if you thought there would be fruit to bear. Again, so sorry for your  loss. With kindness The only way out is through.
Tammy  jac2312007@yahoo dot com


Carol Hock Commented:
 I pray for justice for Michelle.....♥ ♥
 
Weshall Overcome Commented:
 
the family should follow the deputy wherever he goes to remind him he did not get away with murder he has a family waiting for justice that will never go away. God help us all God please help those in power to correct this terrible injustice. Pray for Sheriff Shoar, Brad King, R J Larizza they must be blind or answer to a lower calling....

PEG WALLACE-CARLSON Commented:
I HAVE READ OVER AND OVER THE DETAILS OF MICHELLE'S CASE. I  PRAY FOR HER MOM, PATTY, AND HER YOUNG DAUGHTER ALEXIS EVERY DAY. HOW MUCH LONGER BEFORE THE PERSONS RESPONSIBLE COME FORTH AND TELL THE TRUTH? HOW DOES ONE GET UP EACH DAY, WITHOUT THINKING ABOUT WHAT THEY DID OR DID NOT DO? IT MUST  BE A CONSTANT ACHE THAT WILL NEVER GO A WAY, ONLY THE WHOLE TRUTH WILL TAKE IT A  WAY, PEACE AND LIFE WILL BE YOURS

Brian  Fisher Commented: 

The deputy accused looks like a typical "I'm Above The Law" jerk.

Web Administrator Commented: Brian Fisher, I had to edit off the last part sorry.

Persephone 4Justice Commented:
Does anybody know the name of the New York Times reporter who's been sniffing around this story? I think we might find some help there with enough pressure........ Post his/her name if you know it, or contact to get it. Thank you. Keep fighting for the end of domestic violence.....

Insider Commented: The NY Times reporter was contacted by the family, that is how the reporter became involved and that is why Shoar panicked and investigated to throw FDLE under the bus before the family can get the story out. Shoar wants to discredit FDLE but his alligations are untrue and hold no merit.

Patricia O'Connell Commented:  Michelle your family and friends will never let Sheriff Shoar close your Murder Case....We will haunt him and knock on Justice Doors until a God Fearing Person Opens the door. We Will Get Justice; Sheriff Shoar cannot play God anymore......

Margaret Gradick Commented:  Finally!!!!! Thank God.

Peg Wallace-Carlson Commented: I ask God every day that we may celebrate JUSTICE FOR MICHELLE

Loveing Wife Commented:
My husband was railroaded by this department when back in 1998 they knew of a murder for hire plot that was told to them twice by a man they were trying to use to gain access to a drug family here. This department did nothing to warn this man, he died at the hands of their so called informant........and then they  tried to push all of it off on my husband. To try and save themselves. I pray  that one day there is justice for Michelle and her family. This so called officer needs to be off the streets before he hurts another woman and child. I have no use what so ever for our local Sheriff's office.

Cynthia Sumner Commented:
I feel SJCSO covers up alot of murders and yes Michelle needs to get justice for what was done to her because now her daughter has to grow up with out her mother  teaching her the things a mother should teach there child. And i can speak this  very well because my sister they ruled her as a suicide case as well back in  2003 and her name was Jessica Lynn Cheshire she left behind two children a boy  and a girl. Please get justice for this family they need and deserve it they  have waited long enough. R.I.P Michelle.

Deon G Commented:
Persephone, Pressure the reporter? I don't think that's necessary. Just keep telling the truth out loud, persist, push, and keep faith.