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Daytona Beach Police Department Sustains Allegations That Officer Lied Over Use Of Deadly Force Criminal Violations Also Sustained - BUT None Were Filed |
November 26, 2016 |
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The Daytona Beach Police Department recently completed an internal investigation on one of their own officers - Michelle Smith.(large PDF file - allow time to download) The investigation concluded that Officer Smith lied and illegally used deadly force - violating thirteen (13) internal policies and two (2) Florida criminal statutes. However, interestly - Officer Smith has not been criminally charged. |
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Last September 8, (2016) - Officer Smith claimed that while she was walking near her residence while off duty, individuals in two cars challenged her - to include at least one person shooting at her causing her to return gun fire. Smith's criminal behavior became evident when witnesses were able to provide investigators with three (3) Snapchat videos that sustained that Smith was the aggressor. In a November 18, 2016 seven (7) page resignation letter (PDF file - allow time to download) - Officer Smith makes declarations that challenges several of the findings / conclusions from the DBPD investigation. |
Pages 1-2 Scroll Down To Read   Click Pages 1 or 2 To Read Pages 3-24 In PDF Format |
On page 19 of the attached DBPD IA report - the IA investigation sustained the following regarding former Ofc. Smith - "Ofc. Smith violated Florida Statutes to include 784.021 aggravated assault and 790.19 shooting into or throwing deadly missiles....
In an mid-day November 21, 2016 email - VolusiaExposed.Com reached out to the State Attorney's Office questioning why no criminal charges had been filed against Smith.
As of the posting of this article - no response from the State Attorney's Office regarding our email has been received. However - according to a mid-evening November 21, 2016 Daytona Beach News Journal article the local State Attorney stated that they were further investigating whether Smith should be criminally charged.
Obviously since Smith is a former officer of the Daytona Beach Police Department - the appropriate agency to determine whether Smith should be criminally charged would be the State Attorney's Office.
VolusiaExposed.Com finds it very interesting that currently, and after a seventeen (17) month delay - this very same State Attorney's Office decided to prosecute Richard Thripp for allegedly making a false 911 call in December 2014. VolusiaExposed invites our readers to review the facts in the Thripp prosecution - so that you can determine for yourselves whether Thripp actually made a false 911 call. Our past articles (links) regarding Mr. Thripp are posted below.
In our opinion - the DBPD IA report clearly supports that Smith lied and made a false report to the police - but unlike Thripp - she still remains free of criminal charges. Why?
From October 2012 to October 2016 - this very same State Attorney's Office criminally prosecuted Mr. Michael Morrison for allegedly threatening two police officers that were trying to break into his house at 2AM in the morning. The police alleged that Morrison pointed a hand gun at the two officers and that one of the officer fired his gun striking Morrison in the back - yes the back.
After four years of prosecution - and after a police expert witness gave testimony that the police were the ones in the wrong and that they (police) had no legal authority to be on Morrison's property - let alone the authority to be breaking into his home - the State Attorney quietly dropped their prosecution. Links to our past articles regarding Mr. Morrison can also be found at the bottom of this article.
While Morrison denies pointing a handgun at the officers attempting to break into his home - apparently, per the DBPD IA investigation - Smith not only pointed her hand gun at civilians - she also fired her gun. But unlike the Morrison case - the local State Attorney's Office is apparently having difficulty in seeing any criminal behavior by former Officer Michelle Smith.
One final note - while the State Attorney's Office did not respond to our questions & requests - all of our requests where quickly answered and addressed by the Daytona Beach Police Department.
And there you have it..... more to come.... stand by to stand by...
EXTRAS
Our October 13, 2016 article regarding Mr. Michael Morrison - all of our previous articles are linked within this October 13th article. Turn on the coffee pot - there is allot of reading within these articles.
Our October 3, 2016 article regarding Richard Thripp's on-going prosecution.
Want to know more about local prosecutorial misconduct? Check out our November 10, 2016 article regarding the Brevard-Seminole State Attorney's Office.
In an mid-day November 21, 2016 email - VolusiaExposed.Com reached out to the State Attorney's Office questioning why no criminal charges had been filed against Smith.
As of the posting of this article - no response from the State Attorney's Office regarding our email has been received. However - according to a mid-evening November 21, 2016 Daytona Beach News Journal article the local State Attorney stated that they were further investigating whether Smith should be criminally charged.
Obviously since Smith is a former officer of the Daytona Beach Police Department - the appropriate agency to determine whether Smith should be criminally charged would be the State Attorney's Office.
VolusiaExposed.Com finds it very interesting that currently, and after a seventeen (17) month delay - this very same State Attorney's Office decided to prosecute Richard Thripp for allegedly making a false 911 call in December 2014. VolusiaExposed invites our readers to review the facts in the Thripp prosecution - so that you can determine for yourselves whether Thripp actually made a false 911 call. Our past articles (links) regarding Mr. Thripp are posted below.
In our opinion - the DBPD IA report clearly supports that Smith lied and made a false report to the police - but unlike Thripp - she still remains free of criminal charges. Why?
From October 2012 to October 2016 - this very same State Attorney's Office criminally prosecuted Mr. Michael Morrison for allegedly threatening two police officers that were trying to break into his house at 2AM in the morning. The police alleged that Morrison pointed a hand gun at the two officers and that one of the officer fired his gun striking Morrison in the back - yes the back.
After four years of prosecution - and after a police expert witness gave testimony that the police were the ones in the wrong and that they (police) had no legal authority to be on Morrison's property - let alone the authority to be breaking into his home - the State Attorney quietly dropped their prosecution. Links to our past articles regarding Mr. Morrison can also be found at the bottom of this article.
While Morrison denies pointing a handgun at the officers attempting to break into his home - apparently, per the DBPD IA investigation - Smith not only pointed her hand gun at civilians - she also fired her gun. But unlike the Morrison case - the local State Attorney's Office is apparently having difficulty in seeing any criminal behavior by former Officer Michelle Smith.
One final note - while the State Attorney's Office did not respond to our questions & requests - all of our requests where quickly answered and addressed by the Daytona Beach Police Department.
And there you have it..... more to come.... stand by to stand by...
Our October 13, 2016 article regarding Mr. Michael Morrison - all of our previous articles are linked within this October 13th article. Turn on the coffee pot - there is allot of reading within these articles.
Our October 3, 2016 article regarding Richard Thripp's on-going prosecution.
Want to know more about local prosecutorial misconduct? Check out our November 10, 2016 article regarding the Brevard-Seminole State Attorney's Office.
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