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]]>Wesley Bell 2020 Budget PresentationTim SwopeThu, 31 Oct 2019 16:30:00 +0000https://www.stlouiscountyprosecutingattorney.com/pressreleases/2019/10/31/letter-to-governor-mike-parson-from-prosecuting-attorneys-office5c894b657d0c9132ba1d5895:5c8d600b15fcc04d1f13925d:5dbae8ee20a41a7630758b1bSt. Louis County Prosecuting Attorney, Wesley Bell, Letter to Governor Mike Parson

TIMELINE & FACTS SUMMARY:

☐7:50 AM - Victim Sgt. Vassallo was driving her personal vehicle to work and crashed into a vehicle stopped at a red light because the glare from the sun was extreme and Sgt. Vassallo did not see the stopped vehicle. 

☐Victim Sgt. Vassallo left her vehicle and approached the right passenger side of the vehicle she hit to check on the driver. She was on her phone reporting the accident to dispatch and noting the sun’s glare as the cause of her accident. A Metro Bus video shows the Victim take 3-4 steps away from the vehicle and into the center of the right hand turn lane as the vehicle driven by defendant Ms. Waites approaches the scene of the original accident. 

☐7:57:57 AM - Victim was struck by defendant’s vehicle where she is standing in the center of the right turn lane and the impact knocked her 81.9 feet away from the scene of the accident. 

☐According to the Accident Reconstruction Expert, the defendant did not see victim. Defendant was traveling 36 miles per hour; 9 miles under the posted 45 MPH speed limit. There were no skid marks before the point of impact. The report concludes that defendant had changed lanes to avoid the stopped vehicles, never saw the victim and that there was no evidence of negligent or aberrant driving by the defendant.

☐7:58:21 AM - Defendant calls 911 to report the accident (21 seconds after moment of impact). 

☐Sun glare was documented by 3 officers at the scene and a photo was taken about 1 hour after the fatal crash which still showed glare. 

☐Analysis of defendant’s cellphone usage shows that defendant was not on her phone at the time of the accident  and her last phone usage occurred 3 minutes and 43 seconds prior to the accident when she would have been an estimated two miles away from the scene. 

☐Defendant Ms. Waites was very upset but cooperative; she voluntarily gave her cell phone to officers for examination, she voluntarily submitted to drug and alcohol tests which were negative. She has no criminal history and repeatedly stated that she never saw the victim because of the glare of the sun. 

☐A probable cause stating that the defendant was distracted by her phone at the time of the accident was inaccurate. 

I am fully aware of how sensitive this issue is and I want to assure all residents a thorough and detailed investigation is being conducted. I ask for patience as this process unfolds and I will update the community as more information becomes available.” - Wesley Bell 

https://www.stltoday.com/news/local/crime-and-courts/police-fatally-shoot-man-near-st-louis-galleria-mall/article_0339dd79-8f62-59a4-96c0-9af1f0e2844c.html

Probable Cause Kawyn Smith

Complaint Kawyn Smith

There is no further information available at this time.

• Stand as its own unit, independent from the rest of the office;

• Answer solely to Wesley Bell;

• Employ a director pursuant to a national search for the most qualified individual;

• Review cases involving substantiated claims of wrongful prosecution/conviction;

• Review all matters relating to police officer-involved shootings and alleged police

  misconduct; and

• Further the commitment to justice, ethics, integrity, and protection of the innocent.

In the past 30 years, this country has exonerated 2,446 people wrongfully convicted. Missouri accounts for 50 of those exonerations. However, these individuals spent a combined total of 523 years incarcerated for crimes they did not commit. With the creation of the CIRU, the St. Louis County Prosecuting Attorney’s Office joins more than 30 similarly situated counterparts nationwide in using data-driven methods to establish best practices that vigorously uphold prosecutorial ethics.

“The obligation of every prosecutor is to pursue justice, an obligation that cannot be met if the public lacks confidence in the integrity of criminal convictions,” said prosecutor Bell. “From the data we know wrongful convictions happen all over the country, which is why it’s imperative to critically review cases where credible challenges are raised. To that end, this office will employ every measure available not only to prosecute crimes and assist victims, but also to correct injustice by safeguarding the integrity of all convictions.”

Prosecuting Attorney Wesley Bell and his staff have met with the families of both deceased individuals to discuss the facts and findings as they relate to each case and to hear their concerns. “I extend my deepest sympathies to the families and loved ones of Mr. Shy and Mr. Catchings. These deaths are tragic and the circumstances surrounding them abhorrent. However, neither the facts nor evidence presented to my office rise to the level of bringing a criminal charge based on proof beyond a reasonable doubt that anyone is guilty of criminal neglect. That said, my office is compiling Recommendations of Best Practices based on the facts and patterns we learned from these investigations to do our part to make sure a tragedy like this does not occur in the future. These recommendations will be made public once completed. We anticipate that one such recommendation will relate to lowering jail population limits and increased staffing qualified to deal with situations involving serious medication condition(s).”

Mr. Shy died on the evening of February 23rd, 2019. Earlier that morning he had been taken to St. Mary’s Hospital on two separate occasions and, each time, released by the hospital back to the custody of Justice Services. During the course of the day, numerous individuals interacted with Mr. Shy. The Medical Examiner determined Mr. Shy’s cause of death to be gastrointestinal hemorrhage. The Medical Examiner did not find evidence

for prosecutors to prove beyond a reasonable doubt that Mr. Shy died as a result of medical neglect. Mr. Shy had been incarcerated at the Justice Center since February 14th, 2019 on a probation violation warrant related to a felony drug case.

Mr. Catchings’ death occurred on the evening of February 28th, 2019. He was incarcerated at the Justice Center for the previous 10 months after being arrested on April 17th, 2018, accused of assault in the first degree. The evidence shows Mr. Catchings did not report any medical problems until February 18th, 2019, at which time his condition deteriorated rapidly over the next 10 days. The evidence indicates that, at times, Mr. Catchings complained to jail staff as to his condition. At the same time, the evidence shows Mr. Catchings also informed jail staff and prisoners that he felt “fine.” The Medical Examiner listed the immediate cause of death as acute leukemia, more specifically “probable” acute promyelocytic leukemia. There is no indication that anyone at the Justice Center was aware of the severity of Mr. Catchings’ medical condition.

We are charged with following the law and prosecuting crimes based on wherever the fact and evidence may lead. In these two terrible cases, the evidence does not support our office issuing any criminal charge.

ST. LOUIS COUNTY, MO: The St. Louis County Prosecuting Attorneys’ Office continues to monitor the ongoing investigation. We anticipate the investigation will conclude next week, at that time we will have additional statements related to this incident. In the meantime, we will continue to support the St. Louis County Police Department’s investigation.

ST. LOUIS COUNTY, MO — Wesley Bell’s Transition Team has been working since August 8th, 2018 to ensure the successful transition of the St. Louis County Prosecuting Attorney Office. Chaired by the Hon. Michael A. Wolff and comprised of experts and leaders from diverse fields, the Transition Team has focused on building partnerships and drafting policy. Extensive research has been undertaken to translate campaign promises into policies that improve the safety of St. Louis County from day one.

Mr. Bell is committed to bringing together stakeholders from across the region who are integral to the success of criminal justice reform. The team has met with law enforcement, health care providers and community groups. He has also met with local officials, clergy and members of the legal community to cement strong working relationships. Mr. Bell has taken the opportunity to meet with District Attorney’s from across the country to gain a deeper understanding of the challenges they faced when taking office.

Mr. Bell gave explicit instructions to ‘think outside the box’ when looking at ways to expand diversion programs for substance abuse and mental health. As a result of this innovative approach is a coalition of healthcare stakeholders that are making strong progress to find the funding necessary to scale up treatment resources for individuals committed to improving their lives.

Mr. Bell and his team have met with law enforcement from a majority of St. Louis County municipalities. Hearing what police officers view as necessary improvements in their daily work with the prosecutor’s office has been informative and will be integral to rebuilding trust in our justice system. The team has identified numerous ways in which procedures can be updated to improve working relationships between police and prosecutors. Equally critical to the success of Mr. Bell’s office is the involvement of community and faith-based stakeholders who have been working tirelessly for criminal justice reform in the St. Louis region. Bringing all stakeholders to the table and ensuring that all voices are heard will remain a priority of Mr. Bell throughout his service as St. Louis County Prosecuting Attorney.