Error in FDLE report leads to dismissal of 2014 murder charge
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  1. #1
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    Error in FDLE report leads to dismissal of 2014 murder charge

    An error discovered in a Florida Department of Law Enforcement report has led to the dismissal of a murder charge against Randall Smith for the 2014 shooting of a neighbor during a dispute over maintaining a road.

    Smith, 57, was indicted on a second-degree murder charge in part because an FDLE report stated that Smith shot Michael Carreiro, 47, from behind, indicating that Carreiro was fleeing. He planned to use Florida’s Stand Your Ground law as his defense.

    But a full review of evidence led to a joint motion filed by his attorneys and the State Attorney’s Office to dismiss the case. It was signed by a judge Tuesday.

    The full evidence collected by FDLE showed that Carreiro was not shot in the back as an FDLE report stated. The first round was the only shot from which residue could be collected, and it showed the shot in his thigh was from the front from a distance of 18 to 36 inches.

    “That, combined with all of the other investigation that was done, is what made the difference in the end,” said defense attorney Ron Kozlowski.

    The mistake was discovered after the indictment as Smith’s attorneys and prosecutors began delving deeper into the FDLE evidence and notes.

    State Attorney Bill Cervone said that when the error was discovered, he realized the case would not stand.

    Cervone said it eliminated his argument about how the shooting happened.

    “I no longer had that argument,” Cervone said. “Their lab work was correct and the field notes were correct. When they drafted the final report they transposed the information and said it backwards."

    The shooting happened on March 31 after years of confrontation between the two. Smith lived at 5425 NW 69th Drive and Carreiro at 5725 NW 69th Drive.

  2. #2
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    Quote Originally Posted by Unregistered View Post
    An error discovered in a Florida Department of Law Enforcement report has led to the dismissal of a murder charge against Randall Smith for the 2014 shooting of a neighbor during a dispute over maintaining a road.

    Smith, 57, was indicted on a second-degree murder charge in part because an FDLE report stated that Smith shot Michael Carreiro, 47, from behind, indicating that Carreiro was fleeing. He planned to use Florida’s Stand Your Ground law as his defense.

    But a full review of evidence led to a joint motion filed by his attorneys and the State Attorney’s Office to dismiss the case. It was signed by a judge Tuesday.

    The full evidence collected by FDLE showed that Carreiro was not shot in the back as an FDLE report stated. The first round was the only shot from which residue could be collected, and it showed the shot in his thigh was from the front from a distance of 18 to 36 inches.

    “That, combined with all of the other investigation that was done, is what made the difference in the end,” said defense attorney Ron Kozlowski.

    The mistake was discovered after the indictment as Smith’s attorneys and prosecutors began delving deeper into the FDLE evidence and notes.

    State Attorney Bill Cervone said that when the error was discovered, he realized the case would not stand.

    Cervone said it eliminated his argument about how the shooting happened.

    “I no longer had that argument,” Cervone said. “Their lab work was correct and the field notes were correct. When they drafted the final report they transposed the information and said it backwards."

    The shooting happened on March 31 after years of confrontation between the two. Smith lived at 5425 NW 69th Drive and Carreiro at 5725 NW 69th Drive.
    This is NO MISTAKE. Fabrication, Omissions, Falsefied Documents, Etc... Is a common practice of FDLE in order for them to make arrests. Criminals with badges.

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