Sheriff Borders faces lawsuit in deat...

Sheriff Borders faces lawsuit in death of innocent man

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arrogance of law

United States

#1 Aug 7, 2012
A major lawsuit will be filed against Lake County Sheriff Gary Borders and his deputies for not following the law in announcing their presence when they banged on a door of a Leesburg home and killed an innocent man last month, a prominent Orlando attorney said Monday.

Andrew Lee Scott, 26, was shot to death at 1:30 a.m. July 15 when deputies went to the wrong apartment in seeking a suspect.
Attorney Mark NeJame gave a press conference in announcing the lawsuit and also showed the media the trajectory of multiple bullet holes that had been fired through the front door and pierced several walls of Scott's 475-square-foot home. NeJame said Scott was watching a movie with his fiancée when the deputies arrived, banged on the door, and startled the pair.

"We know that he (Scott) did not know who was there," NeJame said. "The door was never wide opened. It was cracked open a few inches so that he could see who was on the outside, and even if he had put a gun up because he didn't know who was intruding at 1:30 in the morning to his home, he didn't know they were law enforcement officers. All of this was brought on by law enforcement not following the law. If they simply followed the law and announced, none of this would have happened. An innocent man was killed because the Lake County Sheriff's Office did not follow the law."

NeJame highlighted court documents and said the Supreme Court of the United States of America, Florida Supreme Court and the Florida Legislature statues have all dictated and required that that there is absolutely no discretion permitted on a knock unannounced.

"The law is very clear," NeJame said. "You knock and you announce your presence so that innocent people will not be killed ... The law forbids the law enforcement officers of the state or the United States to enter before knocking at the door, giving his name and the purpose of his call. That was not done here. So, the law was simply not followed by law enforcement, of the protectors of the law, and if anyone is supposed to be following the law, it is law enforcement. They failed to do so."

Nejame said in the case of State v Cable states: "There is nothing more terrifying to the occupants than to be suddenly confronted in the privacy of their home by a police officer decorated with guns and the insignia of his office. This is why the law protects its entrance so rigidly."

"So what is so offensive is that the sheriff of Lake County came forward after this tragic death, who I will point out has offered no apology to (Scott's) fiancée or to the family. No sorrow, whatsoever, and has gone forward to say they did nothing wrong and they are going to continue to do matters they way that they have done, which is a complete violation of the law," NeJame said. "It is supreme arrogance for them to suggest that the Lake County Sheriff's Office and the Lake County Sheriff is above the law ... This arrogant action by law enforcement, by the sheriff of Lake County will cost the taxpayers of Lake County millions of dollars because the law was simply not followed....
arrogance of law

United States

#2 Aug 7, 2012
The sheriff has boldly and proudly and arrogantly announced that he is not going to continue to follow the law. That in my opinion, in our opinion, requires an investigation as to why the head law enforcement officer of Lake County is refusing to follow the law, refused to follow it in the past, and didn't learn from this lesson. How many other lives are going to be lost in Lake County? How many other lives are going to be lost in Leesburg? And how much more money is going to cost the taxpayers of Lake County before a sheriff follows the law? This goes from the top down. And if give your deputies the wrong law to follow, and you're requiring them to do whatever they want and telling them to disregard the Supreme Court of the United States, disregard the Florida Supreme Court and disregard the state statues, then we have mayhem, we have chaos and we have innocent people dying as it happened in this incidence."

NeJame said his office is filing the necessary paperwork so that "maximum damages" can be obtained for Scott's family and for his fiancée, "so that hopefully a lesson will be learned and no more innocent lives will be lost."
NeJame and his law partner Jason Recksiedler said misinformation has been given to the public about the case, including Scott having a criminal history of drug-related arrests, which the Daily Commercial could not find.

NeJame said there are no police records against Scott and that the dead man's name had been smeared by LCSO.

"... To crucify and to smear an innocent person's name in the mud for your own political gain, because as sheriff, you want to pretend to everybody that you've done everything right, it's shameful and disgusting and it's a large part of the reason we are being as active as we are in this case," NeJame said. "Without us, without the various witnesses that have come forward, this very well could have been slipped under the rug."

Florida Department of Law Enforcement also is investigating the case.

Ritchie Lies for Borders

United States

#3 Aug 7, 2012
No one died when SANDY CARPENTER built his barn without government approval yet, Lauren Ritchie trespassed and committed felony burglary on his private property to try and prove he was a criminal. But, her silence is deafening regarding the crimes, lies and actions of her friend the sheriff. She should be prosecuted for burglary at Mr. Carpenters barn. But she won’t be because as a protector and mouthpiece of the culture of corruption that owns her and her friend the sheriff like all the others she is granted immunity from prosecution for her crimes.
The attorney for the family of Andrew Lee Scott said it best yesterday:

"The law is very clear," NeJame said. "You knock and you announce your presence so that innocent people will not be killed ... The law forbids the law enforcement officers of the state or the United States to enter before knocking at the door, giving his name and the purpose of his call.

That was not done here. So, the law was simply not followed by law enforcement, of the protectors of the law, and if anyone is supposed to be following the law, it is law enforcement. They failed to do so." "So what is so offensive is that the sheriff of Lake County came forward after this tragic death, who I will point out has offered no apology to (Scott's) fiancée or to the family. No sorrow, whatsoever, and has gone forward to say they did nothing wrong and they are going to continue to do matters they way that they have done, which is a complete violation of the law," NeJame said. "It is supreme arrogance for them to suggest that the Lake County Sheriff's Office and the Lake County Sheriff is above the law ... This arrogant action by law enforcement, by the sheriff of Lake County will cost the taxpayers of Lake County millions of dollars because the law was simply not followed.... The Great Gossiper Ritchie makes no comment on this. Again HER SILENCE IS DEAFENING!
"The law is very clear” on the crimes of trespass and burglary as well simply breaching the curtledge of a building with criminal intent [ i.e.] pilfering thought a persons garbage on that persons property and not found to be on the curb or other public domain is a crime.

We have seen Lauren Ritchie referred too as the Blogger Deputy before. Just wondering has her friend “the sheriff” deputized her to perform criminal or other investigations on his behalf? Many articles written about the sheriff have pointed out the fact that he is known to “send people after you.” Was Ritchie sent after Sandy Carpenter by her friend “the sheriff” like he sent her after the bloggers who were known to be blogging the truth about him?
Nejame RSOL Article

United States

#4 Aug 7, 2012
Right Side of the Lake Article on Attorney Mark Nejame news conference

http://lakecountygov.info/2012/08/07/major-la...
Welcome Mr Nejame

United States

#5 Aug 8, 2012
We are very impressed with the resolve of Attorney Mark Nejame. Based on the news conference it was very obvious Mr. Nejame has employed seasoned professional investigators and not those trained in the modern technique of whitewash and cover ups. It is also quiet obvious Mr. Nejame is not one for silly games but is in fact an old school law and order man who firmly believes all of those who violate the laws of the land should be held accountable for their actions no matter their stature in life.

Having said that based on the independent investigation performed at the request of Mr. Nejame he has made the decision to go forth with a major lawsuit against Sheriff Borders and the Lake County Sheriff’s Office.

Welcome to Lake County Mr. Nejame. More than likely in order to raise this case to the level of the Middle District of Florida Federal Courts in Ocala, Florida you will be required to prove to them that it is impossible for your clients to get a fair trial in the Lake County 5th Circuit Court. Having little or no basis to prove the 5th Circuit Court of Lake County would be prejudiced or biased against your client you will most likely be forced to file this major lawsuit against Sheriff Borders right here in the Lake County Circuit Court.

The case will then be assigned to Judge Mark Hill the longest serving Circuit Judge in Lake County.
Mark Hill. The same Mark Hill who is the husband of Lake County Commissioner Jennifer Hill who is still driving the Toyota SR-5 she got from self proclaimed Lake Godfather Bob McKee. Judge Mark Hill, the same judge who married his friend FDLE Agent Michael Giddens to Candi Rowe who will be in charge of making sure the FDLE investigation in to the murder by cop of Andrew Lee Scott is whitewashed . When Judge Hill gets this major lawsuit against Gary Borders not only is Hill friends with the sheriff but also Lake Godfather Bob McKee as evidenced by the Toyota SR-5 his wife is driving.

Check and see how many cases have been filed against Lake County and its dignitaries that got lost on Judge Hill’s desk or in his filing cabinet. You might be surprised.

And old Lake County Judicial tradition of doing legal business. Keep your friend’s cases close and your enemy’s cases ever closer. A prime example of this is the 2001 lawsuit filed by Attorney Keith Mitnik against the Green Isle Ranch. Case # 2001-CA-000729. The lawsuit was assigned to Judge William Law while at the same time his wife and fellow attorney Julia Law was a member of the Board of Director of Green Isle.
Welcome to Lake County Mr. Mark Nejame. You reputation precedes you. You are a man of character and a man who carries the book of rules of not only the law but, the book of right and wrong as well.

You have got your job cut out for you. While you might think you are filing a suit against Sheriff Borders and his Sheriff’s office you are in fact filing a suit against a well organized criminal empire who will stop at nothing to make sure you are dead with old age before your major lawsuit ever sees a settlement hearing let alone an airing before the public in a court of law.
Hmmm

Apopka, FL

#6 Aug 8, 2012
The state has "caps" in place to limit the amount of monetary damages that can be paid out in civil lawsuits i believe. i am going to research the topic but I don't believe that it will be " millions".

It will be interesting to see how the Sheriffs Office plays this one out. I can imagine that if things are looking dismal they will employ the " scope of duty" tactic to say that Deputy Sylvester acted outside of protocol and the Sheriffs Office is not liable. I hope for Deputy Sylvester that this doesn't happen. If I were him i would be seeking an attorney of my own right about now. My experience with government is that they will do whats best for them and not the employee.
he owns it

United States

#7 Aug 8, 2012
Hmmm wrote:
The state has "caps" in place to limit the amount of monetary damages that can be paid out in civil lawsuits i believe. i am going to research the topic but I don't believe that it will be " millions".
It will be interesting to see how the Sheriffs Office plays this one out. I can imagine that if things are looking dismal they will employ the " scope of duty" tactic to say that Deputy Sylvester acted outside of protocol and the Sheriffs Office is not liable. I hope for Deputy Sylvester that this doesn't happen. If I were him i would be seeking an attorney of my own right about now. My experience with government is that they will do whats best for them and not the employee.
You can bet Mark Nejame is well aware of that cap. It takes a bill in the state legislature to award greater than that. But what about the federal level? Also in Mr. Sylvesters "scope of duty"
defense the long history of like actions being condoned by the sheriff on other such incidents will surely cover any such allegations by the sheriff and his administration. Well documented 100% support of the actions of his deputies in many other questionable incidents involving death and abuse. The sheriff owns this case lock stock and barrel. His management style is the caue and effect of this untimely death.
Virtuious

Ocala, FL

#8 Aug 10, 2012
I just know money amount is not an issue or will money bring Drew back so he can marry and have the planned family with his fiancee' who is left behind to prove what we all know is fact that Drew was murdered cold blood and she too was put in danger!! We all know the deputies were out for blood and Sheriff Borders was and still is behind the whole thing. The most we as a community can do at thie point is go to the protests sign the petitions and vote AGAINST Borders for re-election! This has to stop! Or it will be OUR family next!
S O to cut 25 jobs

United States

#9 Aug 10, 2012
Lake County Sheriff's Office to cut 25 jobs

Story posted 2012.06.05 at 06:13 PM EDT

For the first time in its 125-year history, the Lake County Sheriff’s Office is eliminating jobs.

Sheriff Gary Borders is cutting 25 jobs to save money and help the county balance its budget.

Borders must trim 5 percent or $3 million from his budget. The 25 jobs represent 3.5 percent of the sheriff’s office total workforce.

Facing a $6 million budget shortfall, Lake County commissioners asked all department heads to make across-the-board 5 percent cuts.

"Twenty-five positions will create a substantial savings to the county,’’ said Lt. John Herrell of the sheriff’s office.“It’s one of those things that we realize we’re going to do."

WFTV reporter Berndt Petersen reports the sheriff may have to pull deputies from two specialty units to make sure that street patrols are covered. One unit cracks down on street crime and the other is a traffic-enforcement detail. Those deputies would need to be available to respond to 911 calls.

"Make no mistake about it, there is a need for these specialty units,’’ Herrell said. "But the priority is having deputies to respond to emergency calls for service – and that’s what we’re looking at."

The county has eliminated nearly 150 government positions since 2007. But these are the first job cuts for the sheriff's office since it was founded in 1887, officials said.

"We recognize it’s a matter of dollars and cents, and the money is just not there," Herrell said.
fair fairys

Ocala, FL

#10 Aug 10, 2012
if the lcso is in such bad shape with regards to money, why did a corrections officer get paid overtime to help set up and clean up for the hob nob at lake sumter cc. votes and favors. the same reason all the lake county fair rednecks say they are supporting borders. they are worried they will lose the inmate labor to help set and clean up the fair. todd luce, you are a liar. family values, for the kids, this is what the fair is for! happy norris and all you fair people know what sheriff borders is and what he has done to destroy so many good families. yall disgust me, for years you have said how sick it is for our sheriff to be a homosexual and be around young boys at the fair. then when it comes to crunch time, you forget your values. God will not only judge gary borders, but he will also judge those who support him.
HUM

United States

#11 Aug 10, 2012
Poor old Happy Norris and Jerry Cobb have always had funny lifestyles. Dollar Bill$ run their thought process. They are too old for their faggy sheriff friend they just cave in to the promises made by Captain Loose and all his criminal friends. God will no doubt judge all of these people who have personal knowledge of the fact aht Gary Borders his a child molesting homosexual pedophile and has been so dating back to 1980 in Osceola County when he worked at theat jail before him and his friends Don Brown and Max Jones started the Green Isle Boys Ranch so they could house little boys for their own personal pleasure. Every Bible thumper and ever other so called Christian can keep turning their heads on the Green Isle Boys Rapes victims - but the victims of Gary Borders at Green Isle are here to stay for eternity. Five little rapes boys locked up at Borders school for 75 days after news broke that they had been raped. In that 75 days some of the boys tried to kill themselves. Borders still covered that up. He didn't want the boys to be able to tell the people what him and his friends had done to them.Trouble is the victims are talking now. They have a lawyer too. More Lawsuits!
Hey Jack

Eustis, FL

#12 Aug 10, 2012
Virtuious wrote:
I just know money amount is not an issue or will money bring Drew back so he can marry and have the planned family with his fiancee' who is left behind to prove what we all know is fact that Drew was murdered cold blood and she too was put in danger!! We all know the deputies were out for blood and Sheriff Borders was and still is behind the whole thing. The most we as a community can do at thie point is go to the protests sign the petitions and vote AGAINST Borders for re-election! This has to stop! Or it will be OUR family next!
Those of you PU$$Y A$$ [email protected] that really believe this "man" "Drew" was THAT innocent should have the same fate set upon you for being a complete idiot. Come to find out he was a drug dealer, damn I didn't see that coming did you MOM of "Drew"? I don't give a $#It if JESUS christ himself opened the door and had a gun pointed at the officer, I would expect the officer to defend his/her life over the attempted murder suspect they were following. Granted the door that was knocked on was the wrong door but that doesn't mean this idiot who opened the door WITHOUT FIRST ASKING WHO THE H3!! IT WAS, had a gun pointed at the deputies was in the right. Any reasonable person would have asked who it was or at the very least looked out a window!! Casualties are a part of life for dumbfounded individuals..........it's called humanity! Understand the rules of that first if you want to continue to live on earth! If not call jesus and have him come save you from reality
INHONOROFTHEVICT IM

Ocala, FL

#13 Aug 10, 2012
Looks like Jeff Taylor is back! You never had any respect for other humans! Always trying to find a way to abuse them! Never respected your family, why would anyone expect more from you? Give this family peace! You're services are no longer needed! THANK GOD!!
Juan

United States

#14 Aug 11, 2012
Oh yea Jeff Taylor is back! Gary and Pelton cut him a deal to retire after the family brawl. The even backdated it to amke out like he was all ready "retarded" on July 4th so the Sheriff wouln't have to take heat over another scandal during the "errection."

Ole one inch namhood "Jeffie Baby" He He Gary don't care about that anyway most of them little fairies ain't got much weenie and no balls. Gary likes them mouths and them butt holes. With Jeff Taylor he got both all rolled into one. A big mouth butt hole!

Juan, Michigan Av. proud neighbor retarded "dippity shurff" Jeff Taylor

I for one hope this new sheriff will leave you and your kind retired.

This time all of us demopcrats can vote for sheriff too. All of us hispanics will be voting for CARPENTER FOR SHERIFF because we remember the war this sheriff brought to our people in Sorrento and all of Lake County. We had hispanic
American Citizens picked up and disappearing in the nightbecause the sheriff though it was good for his political gain. Now everyone knows sheriff Borders hates all humans not just us hispanics. How many people has he really killed?Does anyone know?

When it comes to the law killing innocent people and lying about it they don't care what color our skin is. That makes us all victims just the same.

Everybody in Lake County deserves a good sheriff that enforces the law and treats all us humans with dignity and respect. In return if we can't respect him something is bad wrong. No bady could possible respect this man.
at Hey Jack

Melbourne, FL

#15 Aug 11, 2012
You are nothing more than a disgraceful inbred pig. I hope to God that when it is time to go you burn in Hell...thats right your kind belong with the devil because you are purely evil. How dare you insult the dead and his family. Karma is a bitch and it is headed your way for being so insensitive to this family who lost a loved one. Hope to God he doesnt take someone you love very much,of course it sounds like you dont love anyone but yourself. I also pray you are not a law enforcement officer because you give the badge a bad name. Thats right Im a cop and I for one am telling you that you are no better than anyone else. Get a life and quit attacking the deceased because it is obvious you are what you said in your rant...you are pos!!!!
INHONOROFTHEVICT IM

Ocala, FL

#16 Aug 11, 2012
Jeff Taylor is a POS! But there is a difference between a "Cop" and a Law Enforcement Officer. Someone very wise tought me that.. If you think you know Sheriff Borders, you're wrong! He has no sympathy! There are good law enforcement that exist. All the strings tied to this case are being played by Sheriff Borders and his " Brilliant Staff" who feed him words to say to the public, because this FOOL don't know what to say! ARE YOU KIDDING ME! THE VICTIMS GIRLFRIEND " LOOKED OKAY"YOU HAVE NO RESPECT OR SYMPATHY !!!!, they are going to " cover up" all discrepancy that occurred that night... ITS ELECTION YEAR!!!! A life is not worth the amount of money the SHERIFF makes in a LIFETIME!! Shut this man down!
juan

United States

#17 Aug 11, 2012
at Hey Jack wrote:
You are nothing more than a disgraceful inbred pig. I hope to God that when it is time to go you burn in Hell...thats right your kind belong with the devil because you are purely evil. How dare you insult the dead and his family. Karma is a bitch and it is headed your way for being so insensitive to this family who lost a loved one. Hope to God he doesnt take someone you love very much,of course it sounds like you dont love anyone but yourself. I also pray you are not a law enforcement officer because you give the badge a bad name. Thats right Im a cop and I for one am telling you that you are no better than anyone else. Get a life and quit attacking the deceased because it is obvious you are what you said in your rant...you are pos!!!!
Hey jack is Jeff Taylor currently off the job as a K-9 Lake Deputy "retired" because he whipped up on his female cousin and his momma at a pool party at momm's house on the 4th of July. A misfit of the lowest scum but thank God he's off the road for right now. Insiders say Borders and Grinnell (beer drinking buttie) promised him he can some back after the election. Just another good reason for folks to vote for Sandy Carpenter. I don't think he will kee the scum of the earth on his payroll like Borders has done. After all borders has got to hire some really rotten humans to make him look like he is superior to his underlings!
INHONOROFTHEVICT IM

Ocala, FL

#18 Aug 11, 2012
So Jeff Taylor is on ANOTHER 12 STEP PROGRAM??? IS this one going to last as long as the last?????
Hey jack

Ardsley, NY

#19 Aug 11, 2012
at Hey Jack wrote:
You are nothing more than a disgraceful inbred pig. I hope to God that when it is time to go you burn in Hell...thats right your kind belong with the devil because you are purely evil. How dare you insult the dead and his family. Karma is a bitch and it is headed your way for being so insensitive to this family who lost a loved one. Hope to God he doesnt take someone you love very much,of course it sounds like you dont love anyone but yourself. I also pray you are not a law enforcement officer because you give the badge a bad name. Thats right Im a cop and I for one am telling you that you are no better than anyone else. Get a life and quit attac the deceased because it is obvious you are what you said in your rant...you are pos!!!!
Well you're right about one thing and one thing only.......... I'm pure evil! I'm not a pig nor would I want to be. I am however a believer in karma as you say so with that said how would you explain the loss of multiple soldiers daily in Afghanistan? You can't explain that now can you? Whether it's here on our soil or those across the pond.... the resolve is the same. Peace my friend peace
at Hey Jack

Ardsley, NY

#20 Aug 11, 2012
You need to see a doctor for your condition because you are a nut job. At least you admit you are evil so I will give you kudos for that. However on that note it is obvious you need to be baker acted and wish I could be the one to do it. So it is apparent that nut jobs like you support Borders, damn what is this world coming to. I think I will post your comments on facebook and let the citizens of Lake County see a true Borders supporter...Hope Gary doesnt put you in the corner.

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