The Re-Trial Of Jerry Crew

Will Prosecutorial Misconduct Impede Yet Another Fair Trial?

Mother Defends Man Charged With Her Son's Murder

December 22, 2014
"Police throughout the United States have been caught fabricating, planting, and manipulating evidence to obtain convictions where cases would otherwise be very weak. Some authorities regard police perjury as so rampant that it can be considered a "subcultural norm rather than an individual aberration" of police officers."
Dale Carpenter - Flagrant Conduct: The Story Of Lawrence v. Texas

Gun Shots In Holly Hill

On the afternoon of April 16, 2011 - at the Pilot Lodge motel located on U.S. 1 in Holly Hill, Florida, a drug deal was going bad - and like with many drug deals that go bad - someone was about to get shot.

Drug deals also rarely involve people of angelic demeanor, and Wisteria Harry readily admits that her son Donnell Ellis Jr. was no angel. But prior to the setting of the sun that fateful day, Donnell would lose his life to a gun shot wound, and given the hopes and desires of his family, Donnell now exist in the realm of the angels.

This article will not focus primarily on the events of April 16th, 2011, rather it will focus on the criminal trial, and the pending re-trial, of one of the players of that deadly encounter - Jerry Crew. We (VolusiaExposed) encourage our readers to review the below media articles regarding the events of April 16th.




Who Murdered Donnell Ellis, Jr.?

Who murdered Ellis, has become the $64,000 question. According to law enforcement officials, Chauncey Gilmore, then a juvenile, shot and killed Ellis in self defense.

However, Ellis' mother (Wisteria Harry) and his family are convinced that Jammie Evans shot and killed her son. Interestingly, Jammie Evans was the only participant in the April 2011 incident that was NOT charged with ANY crime.

5th District Court Of Appeals Decision
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Click To Download 5th DCA Opinion

So Why Was Jerry Crew Charged With Murder?

Florida has a felony murder law. In short, all participants in certain felonies can be charged with murder, regardless whether the participants were directly involved in the murder.

Apparently, this was the rationale used by the State Attorney's office in their murder charges against Crew and Leroy Gadson. Yes, the Gadson family also have voiced some concerns regarding the criminal prosecution of Gadson. This will be covered in a pending follow up article - Did Leroy Gadson Receive A Fair Trial? VolusiaExposed encourages our readers to review the below media article to gain an understanding of the concerns within the Gadson prosecution.

The Gadson Trial & Conviction

Gadson's first trial ended in a hung jury, and the Gadson family expressed their belief that it took law enforcement and prosecutors two trials to sort out their lies against Gadson.

Jerry Crew Contacts VolusiaExposed.Com
5th District Court Of Appeal Supports Prosecutorial Misconduct

VolusiaExposed.Com became aware of Jerry Crew's plight when he sent us the below listed letter from the Volusia County Branch Jail.

Jerry Crew's Letter
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Mr. Crew's letter detailed several allegations of corruption against the Volusia County criminal justice system - with particular attention being given to Assistant State Attorney J. Ryan Will, and Judge Michael Hutcheson.

As our readers might imagine, we (VolusiaExposed.Com) receive many such allegations against criminal justice practitioners. What made Crew's allegations stand out, was the fact that many of his allegations were supported by a recent 5th District Court of Appeal decision (see top of page).

Jerry Crew

Leroy Gadson

Jammie Evans

Donnell "DJ" Ellis, Jr.

Upon our review of the 5th DCA opinion, it became clear to us that Crew had some legitimate concerns regarding prosecutorial misconduct during his murder trial.

The DCA overturned Crew's criminal conviction, due largely in part, to Assistant State Attorney, J. Ryan Will's "misconduct" (see page 11 of DCA opinion) during Crew's trial.

One of the most disturbing allegations against ASA J. Ryan Will was his misrepresentation of the testimony and evidence in the case against Crew.

The DCA also was critical of the trial judge's (Hutcheson) lack of response to Mr. Will's misconduct.

Given ASA J. Ryan Will's
Misconduct - Why Has He Been Reassigned To Crew's Retrial?

What surprised us most, was Crew's allegation that both Judge Hutcheson and ASA J. Ryan Will were re-assigned to his granted re-trial. With a quick check of court records, we quickly confirmed that both Hutcheson and Will were re-assigned to Mr. Crew's pending re-trial (December 2014 - rescheduled to January 2015).

Given the DCA's rather scathing comments regarding both Hutcheson and Will - we sent emails to both the Clerk of the Court, and the State Attorney's office requesting why Hutcheson and Will had been reassigned to the Crew re-trial.
(see right of page for emails) ----->

Shortly after our initial email - the Crew re-trial was rescheduled beyond Judge Hutcheson's pending retirement date of December 31, 2014.

Spencer S. Hathaway, the public information officer for the State Attorney's office advised us via email (see red highlighted area) that "ASA Will has a strong familiarity with the facts of the case, the witnesses, and he maintains a positive relationship with the family of the victim. For the above-stated reasons, ASA Ryan Will will continue as lead prosecutor on the case."

VolusiaExposed.Com Emails With The State Attorney's Office
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The Obvious Questions

If Assistant State Attorney J. Ryan Will does indeed have a strong familiarity with the facts of the case - why did he, in Crew's first trial, so incorrectly portray a witnesses' testimony to the jury?

And does Assistant State Attorney J. Ryan Will really enjoy a positive relationship with the victim's family?

As far as the answer to the first question - in our opinion, there are only two possible answers. Either ASA Will made an honest mistake, OR he purposely misrepresented the witness' testimony to the jury. We leave it to our readers to determine their own answer to this question.

VolusiaExposed.Com was able to determine whether ASA Will enjoys a positive relationship with the victim's (Donnell Ellis, Jr.) family. He does NOT.

Don't Mess With Mama

VolusiaExposed was able to track down Ellis' family and interview them (see below YouTube video). Several members of Ellis family articulated their displeasure and lack of confidence in ASA J. Ryan Will.

When VolusiaExposed.Com challenged the State Attorney's office, with our knowledge that ASA J. Ryan Will did NOT enjoy a positive relationship with the Ellis family, Mr. Hathaway conceded that the relationship could be better. Ironically, VolusiaExposed.Com felt that the State Attorney's office had misrepresented this relationship, in similar fashion, as did ASA J. Ryan Will when he misrepresented the evidence to the jury members. Seem to be a pattern of practice coming out of the State Attorney's office.

In fact, Ellis' mother - Westeria "Tia" Harry is a firm supporter of Jerry Crew. She in no way holds Jerry Crew, or Leroy Gadson responsible for her son's death. She believes that Jammie Evans (more about him later), was the man that murdered her son. That the State of Florida's account that then juvenile, Chauncey Gilmore was the actually triggerman in her son's death was nothing but a shuck and jive to shift the blame off of an adult suspect.

Harry is adamant in her belief that ASA Will has no desire in bringing justice to her family, and she is battle ready to fight any misrepresentations regarding her son's death, including coming to the defense of two men (Crew & Gadson), that law enforcement officials have assured her as being responsible for her son's death.

Prior to our interview with Harry, we noticed that she was attired in military battle dress, including highly polished combat boots. We questioned her on whether she was a member of the military - she snapped a quick answer back that she was not - but anytime it comes to her son's murder, she wants everyone to know, that she is prepared to do battle, in order to bring justice to her son.

Harry also doesn't expect people to just take her word for it - she has her facts, to include alleged DNA and gun shot residue tests, that she says proves that Jammie Evans, and not Chauncey Gilmore shot her son.

Harry is quick to present her theory that Evans' apparent protection by law enforcement officials, might indicate that he is a law enforcement informant.

Mama Knows, And She Is Watching

Further, Harry keeps up on the whereabouts of the person she believes murdered her son. She matter of factly advised VolusiaExposed that we could find Mr. Evans in-custody at the Volusia County Branch Jail under several felony charges, including attempting to run over several law enforcement officers during a vehicle pursuit.

Sure enough, public records appear to verify her facts regarding Mr. Evans. Remember, Mr. Evans, unlike Crew or Gadson, received no charges in the Ellis shooting incident.

We invite you to watch our interview with Westeria Harry and her family. Harry is quick to tell anyone that asks, that it is her intentions to attend Crew's retrial. Tia - can you save us (VolusiaExposed.Com) a seat?

VolusiaExposed.Com's Interview With Wisteria Harry & Family




If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida.


by Matthew Doig and Anthony Cormier
Tarnished badge, flawed system
Police unions / political clout
Predator in uniform?
What the personnel files reveal
Problems and solutions
Flagrant abuses invite little scrutiny
Problem officers still find work
How serious offenses go unreported
Sworn to protect....their pensions
Governor investigates CJSTC
Additional concerns surrounding the
Volusia County Sheriff's Department

VCSO deputy supplies underage females with alcohol.

VCSO deputy sexually approaches female prisoner?

Sex and the Badge
Extra-martial affairs within the VCSO?

VCSO deputy engaging in sexual relationship, while on duty?

VCSO deputy attempts romantic relationship with felony suspect?

VCSO deputy sexually assaults handcuffed woman.

VCSO deputy reprimanded for domestic violence arrest

VCSO Frangiamore-Carper murder-suicide incident

We look forward to your comments on this situation.
Drop us a line to let us know what you think.