JACKSONVILLE, Fla. – A special prosecutor has cleared a Florida Department of Law Enforcement agent of any criminal wrongdoing in investigating the death of a woman who the coroner said committed suicide with a St. Johns County deputy's gun.
It's the final, official investigation into the controversial death of Michelle O'Connell in 2010. It was ruled a suicide, but family members and FDLE Agent Rusty Rodgers were adamant it was a murder committed by Deputy Jeremy Banks, O'Connell's boyfriend.
DOCUMENTS/EVIDENCE:
Special prosecutor's report on FDLE investigation
St. Johns County Sheriff's Office timeline, records
The Sheriff's Office, three medical examiners and two special prosecutors all concluded her death was a suicide, but family members, prodded by Rogers, still pressed on. The News York Times and PBS documentary series "Frontline" collaborated on a documentary that continued to raise questions about the case.
Shoar said this report actually spells out what took place and many problems in the investigation. Shoar said if Rodgers hadn't kept harping on his preconceived notions that this was a murder and not suicide, the case would have been closed years ago.
Bill Cervone, head of the Eighth Judicial Circuit based in Gainesville, was assigned as a special prosecutor to look into how Rodgers (pictured) handled the case. Cervone said he found that Rodgers crossed procedural lines, but did not violate any laws.
In the report, Cervone wrote: "I would like to note that I do not condone or endorse the actions of Special Agent Rodgers. .... Rodgers has engaged in questionable investigative techniques, including misleading some witnesses in an attempt to gather evidence consistent with (what he) believes."
Cervone told News4Jax this is not the first time he's seen actions by an investigator that surprised him.
"To boil it down to the simplest terms, while (we) have great concerns about some of the ethics involved, I do not believe there is sufficient evidence to warrant a criminal prosecution," Cervone said. "Whether they are ethically appropriate or not it is for some other agency to deal with."
The report contains new information about of O'Connell's state of mind prior to her death, saying she was upset about her rocky relationship with Banks. O'Connell's mother told a funeral home councilor her daughter had suicidal thoughts prior to her death. It also shows that Rodgers may have lied when he talked to the medical examiner who conducted the original autopsy stating O'Connell's death was suicide. After talking with Rogders he changed it to other cause.
An attorney for O'Connells family said Wedneday that the family is happy that no charges were filed and that Rusty Rodgers' name was cleared. They believe the state of Florida is lucky to have Rodgers working for the FDLE.