2 dead students, police refused assistance

[Lucky]

audio: http://www.orlandosentinel.com/news/local/seminole/orl-911oviedo-mp3,0,6778062.mp3file

Holy **** you might as well be talking to an answering machine if you call 911.


http://www.orlandosentinel.com/news/local/seminole/orl-twodead2707sep27,0,4684421,full.story

Too busy collecting traffic fines, one expects. Bureaucrats of course put revenue generation higher in the priority list. Can't be bothered with thieves threatening murder. But the suggestions were invaluable - change your cell phone number, that'll solve it. Unbelievable stuff, did the officer come up with that himself or was it boilerplate drafted by a committee that refused to acknowledge self defence?

orlandosentinel.com/news/local/seminole/orl-twodead2707sep27,0,580911.story
OrlandoSentinel.com
2 students shot dead had sought cops' help

Walter Pacheco

Sentinel Staff Writer

September 27, 2007
Click here to find out more!

Roughly three hours before they died, Tiffany Barwick and Michael Ruschak asked Seminole County deputy sheriffs for protection from the man they feared would kill them.

Andrew Allred, Barwick's former boyfriend, had raided her bank account, tampered with her MySpace page and sent phony messages to her family and friends, she told deputies. He e-mailed Ruschak saying, "The next time I see you, I'm going to kill you," and sent Barwick an image of herself covered with bullet holes, a report of the meeting states.

A deputy replied that he could do nothing at that time.

Later on Monday night, Allred plowed into Barwick's car outside Ruschak's home in Oviedo, broke in and shot him dead. He then walked into the bathroom, where Barwick was hiding, and shot her, according to the arrest report. (Hear new audio of the 911 calls made from the home.)

Another man who tried to wrestle the gun from Allred was shot in the leg.

Sheriff's officials defended the agency's handling of the plea for help, recounted in a four-page report released Wednesday. The deputy who responded to Barwick and Ruschak's complaints did "the best he could," Chief Deputy Steven Harriett said.

"The deputy and everyone in this department truly regrets that these two young people lost their lives in this way, but the deputy had to deal with the information available at the time," Harriett said. "He made a decision he thought was the most appropriate."

Carol Wick, chief executive officer of Harbor House, an organization that offers shelter to victims of domestic violence, said the case should make the Sheriff's Office reconsider its procedures. What happened, she said, "It's just tragic."

Allred, 21, is being held without bail at John Polk Correctional Facility in Sanford, where he faces two counts of homicide, attempted homicide and armed burglary in the shootings on Shady Oak Lane.

Acquaintances said he was bitter about his breakup with Barwick, a student at Seminole Community College, and directed his anger at her and Ruschak, a student at the University of Central Florida. The three had been friends, according to these accounts, until Barwick ended her relationship with Allred in August.

Sheriff's records show that Barwick, 19, first called deputies at 11:30 a.m. Monday alleging that Allred had tapped into her Bank of America account and withdrawn money without her permission.

At 7:09 p.m. she told another deputy that Allred just sent Ruschak, 22, a message threatening his life and that he had recently purchased a gun. She pleaded with the deputy to "lock him [Allred] up."

Seminole Deputy Peter Sean Brewer, who met with Barwick and Ruschak, wrote in his report that "Allred's actions did not meet the necessary elements for a charge of assault. and as such, I could not arrest him for making those threats."

He said the law required him to observe harassing communications to make an arrest, but that he would forward her complaint and other materials to the State Attorney's Office for consideration of possible charges.

He advised her to seek a protective court order against Allred and to keep records of any e-mails, text messages and voice messages from him. Other suggestions included changing her cell-phone number and calling 911 if she saw Allred's vehicle.

Investigators said gunfire broke out about 10:30 p.m. during a party at Ruschak's home. Oviedo police later arrested Allred at the home he shares with his family in Oviedo. Officers said he confessed to the crimes and asked them about the condition of "the ones that were shot," according to the arrest report.

He told officers he went to the house to ram his girlfriend's car but shot his way through a sliding glass door when he could not enter the front door. Authorities recovered the handgun they think he used.

Oviedo Lt. Dennis Lynch said homicide investigators are reviewing 911 calls made from the house on the night of the shooting.

Friends and family had mixed reactions on the events that led to Monday's shooting.

"My opinion is that if you get a restraining order, it is just a piece of paper," said Ruschak's mother, Janice. "I know police are doing their best, and I don't want to blame them."

Even if Barwick had sought a protective order against Allred, the forms must be filed at the Seminole County Courthouse, then sent to a judge and finally the Sheriff's Office.

Court officials said the process could take a day or two.

Wick said she doubted it would have helped.

"Allred would not have been served the order in time and, even if he was, who knows if that would have stopped him?" Wick said. "Sometimes there's nothing you can do about it."

Two Seminole County crime-scene technicians continued working Wednesday at the duplex where the shootings took place, gathering evidence.

Barwick's white Chevrolet Cavalier, its back caved in, sat about 15 feet from the front door. Still in the driveway was Ruschak's car, an old police cruiser, a black Ford Crown Victoria with a search light attached to the driver's side.

Phone messages left Wednesday with Allred's mother were not immediately returned. A neighbor described Allred as "a very smart kid" who was a computer whiz. Others also commented on his technological skill, but expressed shock at the charges against him.

"He is a very intelligent man. Never in a million years would I have suspected this," said Daniel Morman, a UCF student who spent time watching movies, drinking beer and building bonfires at Allred's rural home. "He didn't appear to have that in him. I guess you always hope your friends are good people."

But former UCF student Erinn Redd, who knew Allred and Ruschak since their days at Oviedo High School, remembered Allred as "deviously clever and capable of taking matters to the extreme."

He had threatened other friends in the past, she said. "But we never expected him to go murder someone."

Rene Stutzman of the Sentinel staff contributed to this report. Walter Pacheco can be reached at [email protected] or 407-420-6262.

Copyright © 2007, Orlando Sentinel

 

[Cosmoline]

What exactly do you think they could have arrested him for prior to the murders?

 

[mindwip]

As far as i know if you say to some one "I am going to kill you" and they can show the police that they are serious with letters or recording i thought they could lock you up.

Maybe its just a CA thing?




Any way in this case a self defense firearm would of been a good thing.

 

[Cosmoline]

There may be some "terroristic threatening" law, but these tend to be tough to prove and subject to many defenses. In this case the proper way to get police assistance would have been to get a DVRO on the ex. Violation of an order is a vastly easier crime to prove than violating some law against nasty letters.

But in either case, the responsibility for defending yourself is your own. It does not rest on the LEO's shoulders. They can come or not as their resources allow. Even if they had acted, the fellow would never have done much time and would have been right back out to finish the job. Arm yourself, or die helpless. That's reality.

 

[Lucky]

Cosmoline you don't find it, I'll say ludicrous but I want to type ***** insane, that they advise her to change her cell phone # and request a restraining order, when she's expecting impending violent death? You know, the picture with bullet holes, the theft, the explicit death threats. Not exactly subtle.

Imagine you're on a mountain highway and your brakes fail. You dial 911 and the advice you're given is to take it to the dealership next chance you get. They don't even mention the possibility of using the emergency brake. Would you find that slightly strange?

Isn't it a LITTLE wierd that they tell her to change her phone number, or get a piece of paper, but not to take any actual physical action to defend herself??? Am I high right now and I don't know it?

 

[MASTEROFMALICE]

What exactly do you think they could have arrested him for prior to the murders?

Nothing, but that's besides the point. It's the government's fault these kids died. I'll even concede that the murderer may have had a tiny part to play in it.

Of course if the police had gone to this kid and THREATENED to lock him up everyone here would want to string him up for that, too.

 

[Deanimator]

Some friends and I had a similar situation in college in the '70s. We went to the local police and got a similar result. We went to the county sheriff who also told us he couldn't do much. But he said, (wink, wink) that the laws of the State of Missouri upheld an individual's right to armed self-defense.

Taking the hint, we armed ourselves (those who weren't already armed), cross-leveled ammunition and told the person issuing the threats that if anything happened to any of us, and he'd end up very dead.

He took the hint.

 

[Regolith]

What exactly do you think they could have arrested him for prior to the murders?

Explicit death threats, last I checked, are illegal in most states.

In any case, this just further proves that you can't rely on the police to save your bacon. You and you alone are responsible for self defense.

 

[romma]

Geez, you think they could have at least gone and talked to the Perp and ask him if he sent the messages to let him know that at least the police were keeping an eye out.

Not sure it would have done good, but maybe he would have thought about his actions, although probably not.

It does sound like nothing at all was done instead.

 

[Roccobro]

Terrorist threats if this happened in CA. A TRO (temporary restraining order) is designed for just such a case. Too bad the victims were underage to have handguns themselves.

Personally, I think the signs the killer had put out were credible, and that he had means and motive to carry out his threats. Something WILL change in the law from this.

I wonder if the gun he had just bought was the one used in the murders. What was the waiting period for Fl?

Justin

 

[czdavid]

I withdraw my statement.

 

[Deanimator]

In any case, this just further proves that you can't rely on the police to save your bacon. You and you alone are responsible for self defense.

Expecting the police to protect you as an individual from the immediate threat of lethal force is like playing Russian roulette with five rounds in the cylinder.

 

[Deanimator]

"It's the government's fault these kids died. I'll even concede that the murderer may have had a tiny part to play in it."

How is the government's fault in this situation? It looks to me like the blame is being taken off the young man who did the shooting and placed one something completely different. What were the police supposed to do?

He was just making light of a genuine tragedy in order to make a very dubious "point".

 

[jlpskydive]

What's the sig line I have seen around here?
"When seconds count the Police are only minutes away."
At a minimum they should have stayed somewhere else that night and worked on the Self Defense strategy ASAP. If you are sure enough to call the police you should take at least SOME precautions for your own safety. My wife has an ex-boyfriend that to this day that still stalks us. The Police will do nothing about it. I am 100% sure the only reason that he has not made a move on either of us is because he knows it would work out very badly for him.

 

[glockman19]

The only thing that would have saved them is a gun. it's to bad they were unable to protect themselves.

Once again it is proven with the wors outcome possible.

"POLICE CAN NOT PROTECT YOU AND HAVE NO LEGAL OBLIGATION TO DO SO"

 

[Jeff White]

You can't have it both ways...

If they police had arrested the guy based on the complaint the girl filed earlier, many of the same members who are outraged the police didn't do anything this time, would be calling for their heads because they arrested the poor spurned suitor before he committed a crime.

Sorry but these situations are not black and white ever.

I had a dead sure felony stalking case reduced to to misdemeanor telephone harassment last winter because the victim had a long history of getting involved in troubled relationships, calling the law, signing statements, then taking the person back into her life, recanting....Once she testified that she invited her estranged husband back into the house while he was subject to an order of protection in an attempt to get him out of trouble after she had called the police and had him arrested for violating the OOP when she got mad at him.

I had letters the ex boyfriend had written admitting he watched her house very day. I had neighbors who witnessed him watching her house. I had answering machine tapes. But the states attorney knew her history and charged telephone harassment. And even then the stalker's attorney intended to call the victim as a witness to get her to recant on the stand.

I'm not saying that the situation here is like that. I'm saying it could be. We don't know.

The bottom line and many members here claim to live by it, is that you are responsible for your own safety. I find it rather hypocritical that the same people who derisively refer to the general public as sheeple are now outraged that the police didn't arrest someone before he committed a crime as a preventative measure .

Jeff

 

[Deanimator]

The only thing that would have saved them is a gun.

I absolutely guarantee you that there are people who would tell you that it's better that they died than to defend themselves with a firearm. I've actually talked to some of them.

 

[cassandrasdaddy]

they couldn't build enough prisons if they locked up every guy whos g/f said she felt threatened. damn shame about the 2 dead kids.they weren't to scared to throw the party or to do anything to defend themselves they were expecting the police to do it for them false expectation.

 

[insidious_calm]

The moral of this story....

..IS NOT that the police did something wrong. The lesson here is that you and you alone are responsible for your personal safety. The police probably should have told them to arm themselves, but that's it. More likely, the liberal sheep mindset that is predominate on college campuses hurt them more than anything. Don't get me wrong, there are seemingly endless examples of police HUA lately, but this is not one of them IMO.


I.C.

 

[Deanimator]

The bottom line and many members here claim to live by it, is that you are responsible for your own safety. I find it rather hypocritical that the same people who derisively refer to the general public as sheeple are now outraged that the police didn't arrest someone before he committed a crime as a preventative meas

I've NEVER been "protected" by the police from immediate danger and NEVER expect to be. 100% of the time I tell others they should have the same expectation of "protection" from the police.

That having been said, I wonder what response you'd get from that same police department if you called them, told them you were in fear for your life from a similar threat, and asked them if you should buy a gun for protection. I think we both know the probable response.

It's one thing to say, "We can't protect you." It's another entirely to say, "Don't protect yourself"... then after you're dead say, "Oh, and we can't protect you either."

 

[SuperNaut]

I absolutely guarantee you that there are people who would tell you that it's better that they died than to defend themselves with a firearm. I've actually talked to some of them.

Boy, I have too, they say stuff like:

"Someone has to stop the cycle of violence."

"I will not lower myself to their level."

"I'd just accidentally shoot myself."

"The bad guy would just take the gun away."

"If I do what they say they won't hurt me."

"I won't risk my life resisting for only material things."

"Just call 911."

"We're not a bunch of gun-crazy rednecks here."

And other sadly submissive pablum.

 

[Cosmoline]

Cosmoline you don't find it, I'll say ludicrous but I want to type ***** insane, that they advise her to change her cell phone # and request a restraining order, when she's expecting impending violent death?

All those are reasonable steps to avoid someone. Beyond that, the cops are not in a position to know whether the threats are legit or just like 99% of other threats made during DV situations--a lot of hot air. It's up to the woman to defend herself.

 

[armoredman]

The cops did nothing wrong, they are not required to respond to 911, by court decision. It's a dadgum shame the kids didn't know they are legally responsable for thier own protection, and had armed themselves appropriately, with appropriate training.

Just like the book title, they dialed 911...and died.

 

[Jeff White]

That having been said, I wonder what response you'd get from that same police department if you called them, told them you were in fear for your life from a similar threat, and asked them if you should buy a gun for protection. I think we both know the probable response.

Have you given any thought as to why the probable response would be no? It has a lot more to do with a public agency assuming civil liability for what someone did with that gun, then with an antigun attitude.

There are plenty of trial lawyers who would love to dip into the public coffers because the same department that told them to get a gun, didn't do a background check first, didn't advise them to get training, didn't provide the training, didn't provide adequate training....the list of ways they could be negligent and responsible for what the person they advised to get a gun, actually did with it is endless. Many suits like that are settled by the insurers (yes governments buy insurance, not everyone is self insured) or the government agency's attorneys because it's cheaper in the long run to pay them to go away then it is to litigate and take a chance of paying out a huge settlement. You are more likely to see an individual officer say; "The police department didn't say this, but I'm saying it as a private person; if it was me, I'd get a gun and learn how to use it."

Fear of litigation has taken common sense out of many things in life.

Jeff

 

[ilbob]

Police do not protect anyone in most cases (unless you are a big shot of some sort). Normally they show up after the fact to take a report, and maybe arrest the perp. Just the way it is. I don't think there is anything practical you can do about that.