Oracle International Facts and Circumstances Surrounding the Death of Kristina Waddell 1998
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Florida & International Corporate & Financial Fraud Investigators PO Box 10728, Naples, FL. 34101 Opening Report Interim Report Closing Report :: Tel: 239 304 1639 Interview Memorandum Analysis Memorandum Surveillance Report :: Fax: 239 304 1640 Collateral Request Affidavit/Declaration Other Report Number: 98-129-001 Opened: July 31, 1998 Closed: Case Agent: Bill E. Branscum Client: Law Firm of Patrick E. Geraghty Report Title: Facts and Circumstances Surrounding the Death of Kristina Waddell Synopsis: On July 31, 1998, the Reporting Investigator (RI) met with Kathy and Larry Waddell, and Attorney Pat Geraghty at the Law Firm of Patrick E. Geraghty (the Firm), 2069 First Street, Suite 100, Fort Myers, Florida 33902. Atty. Geraghty agreed to undertake the Waddell’s case related to the death of their daughter Kristina, who was killed in a motor vehicle accident in the vicinity of Fort Myers Beach on July 5, 1998. According to the associated police report, Kristina Waddell was the passenger in a vehicle driven by Erik S. Hemerson that was traveling south on San Carlos Boulevard when it was hit by a vehicle operated by Terry Lynn Garnto that had been traveling north on San Carlos Boulevard. Garnto, who was reported to be intoxicated at the time, evidently lost control of his vehicle, crossed the centerline, and struck Hemerson’s vehicle. Atty. Geraghty requested that Oracle International (the Agency) review the matter and evaluate the assets of the potentially culpable parties. In so doing, the Agency discovered that that facts and circumstances surrounding this accident were far more complicated and convoluted than they initially appeared to be. This report delineates the results of those inquiries that have been initiated thus far. Please visit our web site at http://www.OracleInternational.com Page 1 of 13 Pages Oracle International, P.A. Narrative: The driver of the at fault vehicle was identified as being Terry Lynn Garnto, a thirty-three year old white male born in Florida on February 2, 1965. His social security number, 266-57-7887, was issued in Florida in 1974. His current Florida driver’s license, G653-812-65-042-0, was issued September 10, 1996; it expires February 2, 2000. Prior to the accident, Garnto lived with his mother, Joyce Ervin, in her mobile home at 813 Redish Circle in Clewiston, FL 33440. His phone number at home was (941) 902-0779. An inquiry related to his driving history revealed that Garnto has been involved in several motor vehicle accidents in the past and has had numerous citations related to moving violations. An inquiry related to his criminal history revealed that Garnto has been arrested forty-two times as an adult. This document, his driving history and his state criminal incarceration history are attached to this report as Exhibit 2. His arrest record includes charges related to, inter alia: ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ Grand Larceny Armed Robbery Battery on a Law Enforcement Officer Escape – (multiple) Petty Larceny Aggravated Battery Burglary Dealing in Stolen Property Felon in Possession of a Firearm Aggravated Assault Child Abuse Battery on a Spouse Forced Entry into a Dwelling Robbery Fleeing/Eluding Police DUI Drug Possession Fraud Failure to Pay Child Support Numerous Probation Violations Page 2 of 13 Pages Oracle International, P.A. On September 20, 1996, Garnto was arrested in Hendry County for aggravated battery – he was alleged to have assaulted an informant who lapsed into a coma for approximately three weeks and had a stroke as a consequence of the beating. Garnto evidently managed to post bond as evidenced by the fact that he was arrested again on a drug charge while waiting to stand trial on the battery charge. Specifically, on April 23, 1997, Garnto, using the name Terry Simms, was arrested by the Belle Glade PD for obtaining a controlled substance by fraud – he used, or caused to be used, a bogus prescription for a controlled substance. He was released pending trial and disappeared; a warrant was issued for his arrest. On October 14, 1997, Garnto was convicted by jury of battery in Hendry County related to the assault on the informant. This was a first degree misdemeanor; Garnto could have been sentenced to no more than a year. He was remanded to the custody of the Hendry County Jail - sentencing was scheduled for November, 1997. On October 16, 1997, Garnto signed a document entitled, Rules and Regulations for Trustees that concisely outlines the Hendry County Policy related to the award of “good time” and “trustee time.” In reviewing this document, attached as Exhibit 3, the reader will note that there is nothing vague or ambiguous regarding the rate at which these creditable times are awarded. Garnto acknowledged that: ¾ “Good Time” is awarded at a rate of “five days for each twenty-five day period of time served” (paragraph 1) and ¾ “Trustee Time” is awarded at a rate of “five additional days of good time for working as a trustee for each twenty-five day period of time served” (paragraph 2) and ¾ “Trustee Time” does not begin to accrue until “once I have been sentenced” (paragraph 2) On November 10, 1997, Hendry County Judge John Carlin sentenced Garnto to serve the maximum possible sentence - 364 days in the Hendry County Jail. Judge Carlin remanded Garnto to the custody of the Hendry County Sheriff and granted Garnto “a total of 29 days for time served,” see documents attached as Exhibit 1. Note that the twenty-nine days included the basic good time as there are twentyfive days between October 16 and November 10. In other words, when Garnto began serving his sentence on November 10, 1997, he had 335 more days to serve. Page 3 of 13 Pages Oracle International, P.A. To calculate the minimum number of days he would have been required to serve as a trustee, beginning on November 10, 1997, one would solve for X where: [X +(X/25 x 10)]= 335 [25X + (X x 10)]= 335 x 25 25X + 10X = 8375 35X = 239.29 This is basic algebra; the simpler solution is to recognize that a trustee serves 25 days and receives credit for 35 which is to say that a trustee serves twenty-five/thirtyfifths (or five/sevenths) of his sentence. 5/7 x 335 = 239.29; Garnto had 240 more days to serve. As of November 10, 1997, according to the Hendry County document entitled Rules and Regulations for Trustees, the Honorable Judge John S. Carlin had accounted for the next 240 days (or eight months) of Terry Lynn Garnto’s life. Had Garnto served the minimum number of days required to satisfy this sentence, he would have been in jail on July 5, 1998 – the day he killed Kristina Waddell. According to Garnto, whose statement is attached as Exhibit 10, he had been incarcerated about two months when HCSO investigators approached him in an effort to recruit him as a Confidential Informant (CI). The HCSO wanted him to arrange drug deals in Clewiston in an effort to deal with the epidemic of crack cocaine that plagues the area. In return, Garnto claims that Hendry County authorities offered to put him on a work release program that would give him an opportunity to live at home while engaged in this activity. He also claims that they promised to shorten his sentence. The reader should note that Garnto originally testified in a sworn statement that he approached County authorities and offered to be an informant and made no mention of any “deal” to get out of jail early. Hendry County authorities have vehemently denied that there was any deal whatsoever. Sheriff Ronnie Lee is quoted as saying, “That simply is not true. Terry Garnto served his time in our jail. He only became an informant the last three weeks of his stay here.” Garnto states that Sheriff Lee’s assertion to the effect that, “he only became an informant the last three weeks of his stay here” is dispositively belied by a document he signed when he agreed to become an informant. Specifically, he claims that he signed a CI Agreement in early February acknowledging the rules and limitations associated with his role as a Confidential Informant. The Hendry County Sheriff’s Office has acknowledged the existence of the document itself but has not yet provided it; the Agency expects to receive it on or before October 17, 1998, pursuant to a 119 request. Page 4 of 13 Pages Oracle International, P.A. Although the CI Agreement has not yet been produced, it has been established that Garnto was released from the custody of the Hendry County Jail on February 3, 1998. He was allowed to live at home and report to duty each morning at the Clewiston sub station. Had Judge Carlin wanted Garnto sentenced to community control, he could have ordered it – the county effectively amended his sentence. On February 3, 1998, Garnto signed an agreement outlining the terms of the Hendry County Work Release Program. In this agreement, attached as Exhibit 4, Garnto agreed that he would: a. “at no time be under the influence of alcohol or drugs” [see line 1] b. “show up at the Clewiston Sheriff’s sub station promptly by 8:00 AM everyday and not quit work until 4:00 PM every day.” [see line3] c. “bring a bag lunch from home.” [see line 4] d. refrain from entering “any establishment where intoxicating beverages are furnished or hang around any place where intoxicating beverages are sold or furnished.” [see line 5] e. abide by these terms “for the duration of [his] sentence with the Hendry County Sheriff’s Office. Admittedly, this document does not prove that Garnto’s claim that they released him is true since the fact that he signed the agreement does not prove that he was ever actually released. There is, however, ample, irrefutable evidence to establish the fact. On February 8, 1998, five days after his release, Garnto was arrested again. According to Hendry County Arrest Report number 98E000952, attached as Exhibit 5, Deputy Sheriff Ronald Evans observed Garnto walking eastbound on West El Paso Avenue, Clewiston, FL at 01:32 AM. Deputy Evans reports that he was “staggering” and “exhibited a strong odor of an alcoholic beverage.” Deputy Evans discovered the existence of the outstanding felony warrant, arrested Garnto and transported him to the Clewiston sub station. Clewiston resident Mark Dennis provided a sworn statement in which he asserts that he was arrested in February, 1998, and was in the holding cell at the Clewiston sub station when Garnto was arrested. He states that Garnto had a “$20 rock” in his sock at the time of his arrest and further states that Garnto gave the crack cocaine to him because he (Garnto) knew he was going to be strip searched. Page 5 of 13 Pages Oracle International, P.A. Dennis stated that he and Garnto were subsequently transported to the Hendry County Jail where he (Dennis) was released immediately after his initial appearance. Dennis’ associated arrest and booking reports, attached as Exhibit 6, support his story in all respects. On February 9, 1998, Garnto was transferred to the Bell Glade Jail in West Palm Beach County to await trial. Garnto states that one of the investigators he had agreed to work for visited him at the Belle Glade Jail and assured him that he would be allowed to return to Hendry County where he would continue working as a CI while on the work release program. On February 25, 1998, Lt. Susan Sibbald, Hendry County Jail Administrator, wrote a letter to West Palm Beach Asst. State Attorney Tim Beckwith acknowledging their verbal agreement that she would accept Garnto back in her facility after he was sentenced with the understanding that the Belle Glade sentence would run concurrent with the sentence Garnto was serving at that time. This correspondence documenting this understanding is attached as Exhibit 7. In reviewing this document, note that Lt. Sibbald states that: ¾ “Mr. Garnto was serving time in my jail facility prior to being brought to West Palm Beach on warrant charges [see paragraph 2] ¾ “Mr. Garnto will be serving time in our facility until the end of May” [see paragraph 2] ¾ “Mr. Garnto has been working with us on several projects and has been very cooperative in completing tasks that are asked of him.” [see paragraph 4] The evidence certainly appears to support Garnto’s claim that he was working as an informant when he was arrested. Were it not for his utility as an informant, why else would the HCSO be so eager to have him back and so willing to forgive the fact that he had violated the terms of his work release agreement? On April 2, 1998, Garnto was sentenced by Bell Glade authorities to serve 365 days with credit for time served from October 14, 1997 to April 2, 1998 (171 days according to Lt. Sibbald’s handwritten note on the attached sheet). On this same sheet, note that Garnto was expected to serve an additional 194 days. Also note that Garnto was given credit for 19 days gain time while incarcerated in Belle Glade – 19 days that Lt. Sibbald’s note says was “denied.” These documents are attached as Exhibit 8. Page 6 of 13 Pages Oracle International, P.A. The representation that the gain time awarded in Belle Glade was denied is a bit misleading – Hendry County apparently credited him with gain time as a trustee instead. It is not clear how Hendry authorities can justify awarding Garnto trustee time for time spent at another facility in which he was not a trustee and was not credited with trustee time by the facility. In actuality, the issue is purely rhetorical, once Garnto was returned to Hendry County, he never served another day in jail. On April 19, 1998, Garnto was returned the Hendry County Jail. He was immediately released from jail and delivered to his mother’s house by County authorities. In spite of the fact that he had violated the terms of his previous work release agreement, Garnto was once again assigned to the Clewiston work release program as evidenced by the previously referenced agreement (Exhibit 4) that he signed on February 3, 1998, and again on April 19, 1998. Garnto was undeniably working as an informant in April as evidenced by the averments of DEA Task Force Agent Dennis Eads in the sworn affidavit attached as Exhibit 9. The records related to his informant activities make it clear that Garnto was walking the streets and buying drugs during this time period. On May 26, 1998, Garnto was released from custody entirely after serving 224 days of the 364 day sentence related to the battery charge. Garnto claims that he was released early due to his efforts as a CI but his claim that he was released prior to the termination of his sentence is vehemently contested by Hendry County authorities who claim that he served his time and received no special treatment whatsoever. In an effort to obtain documents that would explain this situation, this Agency served the Hendry County Sheriff’s Office with a “119 request.” The Hendry County Sheriff’s Office responded with an “accounting” in the form of a document that appears to be a computer printout showing that Garnto was credited with 70 days gain time and 70 days trustee time. 70 + 70 = 140 + 225 days served = 365. Although the numbers add up, nobody seems able to account for where they come from. In an effort to determine the etiology of the figures provided by Hendry County, the Agency served the Hendry County Sheriff’s Office with a second “119 request.” Thus far, the Hendry County Sheriff’s Office has not provided any explanation as to how they arrived at these figures. The evidence suggests that someone merely subtracted the number of days served from the sentence and claimed that he accrued the difference. The mathematics involved are not complicated. According to the existing policy of the Hendry County Jail, as set forth in the document Garnto signed the day he was incarcerated, a trustee is awarded five days trustee time and five days gain time for every twenty-five days physically served after their sentencing date. Page 7 of 13 Pages Oracle International, P.A. It is simply not possible, under the existing Hendry County policy, to be credited for 140 days after serving 225 days. A Hendry County trustee who served 225 days after he was sentenced would be entitled to ten days total gain time for every twenty five served. 225/25 = 9 and 9 x 10 = 90. Finally, it should be noted that 364 days is a commonplace sentence in any county jail – it is the maximum penalty for a misdemeanor conviction. If the HCSO actually believes their calculations are accurate, they must have released an enormous number of inmates prior to the end of their sentences. The math is not the only problem; the two remaining probative questions are: 1. According to what authority was Garnto awarded trustee status? 2. What standards and criteria formed the basis for this decision? Florida Statute §951.21 provides that each prisoner incarcerated in a county correctional facility shall receive 5 days gain time per month as described above and §951.21(3) further provides that: “The Board of County Commissioners, upon recommendation of the warden or sheriff, may adopt a policy to allow for county prisoners, in addition to time credits, an extra good time allowance for meritorious conduct or exceptional industry, in accordance with the existing policy of the Department of Corrections for such awards for such prisoners.” In other words, there is no statutory provision for extra good time in the absence of a policy adopted by the Board of County Commissioners. A county sheriff has no authority to award any extra good time allowance except as set forth in such a policy. The Hendry County Attorney, Carl Kern, has verified that no such policy had ever been enacted prior to Garnto’s release. Therefore, it would appear that the Hendry County Jail has never had any statutory authority to credit any inmate with anything more than the standard time credit of five (5) days per month – Garnto, as well as everyone else similarly sentenced, should have served at least 304 days. Furthermore, even if such a policy had been enacted prior to Garnto’s release, he would not have qualified for it. As set forth in §951.21(3), any policy adopted by a Board of County Commissioners must be enacted in concordance with the existing policy of the Department of Corrections related to these awards. According to the criteria set forth in the Florida State Model Jail Guidelines, Garnto did not qualify to be awarded trustee status. Page 8 of 13 Pages Oracle International, P.A. According to Collier County Jail Administrators for example, trustee status in Collier County must be approved by the Board of County Commissioners on a case by case basis. No inmate with any sort of prior conviction related to drugs or violence can qualify. No inmate with an extensive criminal history is considered. Terry Lynn Garnto did not serve his Hendry County sentence, or any substantial part of it and, other than the time he spent in their correctional facility, he served none of the West Palm Beach sentence whatsoever. If he had, Kristina Waddell would not have been killed in the car accident on July 5, 1998 -- the situation is actually far more complicated than that. The evidence suggests that Garnto was actively attempting to broker a drug deal at the behest of the DEA immediately prior to the accident and the people involved have all testified that it was his involvement in this activity, coupled with the fact that he had neither supervision nor backup at the time, that led to the accident in which Kristina Waddell was killed. The following chronology of events is derived from the witnesses’ statements. During the weeks prior to the 1998 Fourth of July weekend, Garnto worked as an informant for the Drug Enforcement Administration (DEA) and negotiated the purchase of relatively small quantities of cocaine from Marcus Lynn Dennis whose statement is attached as Exhibit 14. The target of the DEA investigation was Dennis’ alleged supplier, Jesus Antonio Sanchez whose statement is attached as Exhibit 15. Both agreed to be interviewed on the condition that the questions be limited to those they could answer without incriminating themselves. It is standard practice to attempt to “flush” narcotics suppliers out into the open by negotiating a large enough “buy” that the supplier will reveal himself and deal with the ultimate purchaser directly. Garnto reportedly bought increasing quantities of cocaine from Dennis on behalf of his buyer, DEA Task Force Agent (TFA) Eads, and represented to Dennis that his buyer was interested in purchasing half a kilogram of cocaine for $11,000. Obviously, nobody would entrust Garnto with $11,000 in cash so a face-to-face meeting with the buyer would be necessary to consummate the transaction. Unfortunately, Dennis and his girlfriend Melissa Garrett had reason to believe that Garnto was an informant. In her statements, attached as Exhibits 12 & 131, Garrett states that she believed Garnto was an informant because he called their house to set up drug deals from phone numbers that caller ID could not identify. 1 In her second statement, Garrett states that she has heard that Sheriff Ronnie Lee is Garnto’s uncle; investigation revealed that this is not true. The person she cited as the sourcce of this information was interviewed, he stated that he had heard this speculation while in jail but had no reason to believe it was true. Page 9 of 13 Pages Oracle International, P.A. Being suspicious, they asked him where he was on several occasions and then called those places immediately after he hung up and verified that he was not and had not been there. Garrett and Dennis devised a scheme calculated to confirm their suspicions. In the late afternoon or early evening of Friday, February 3, 1998, Garnto purchased a small quantity of cocaine from Dennis under the supervision of TFA Eads. According to Garnto, Eads maintained distant surveillance and electronically monitored their conversations which were recorded. One might wonder why they would sell to Garnto if they thought he was an informant. According to Jesus Sanchez, he saw someone in a red Ford dual wheel pickup truck meet with Garnto after one of Garnto’s buys. Believing this was a law enforcement officer, Jesus Sanchez followed Garnto to his residence and confronted him. Garnto responded by producing a wad of bills and a piece of pressed cocaine that Sanchez had provided claiming that the vehicle Sanchez had observed was someone Garnto was selling to. Sanchez knew that law enforcement never rewards informants with a percent of the buy. One of the HCSO detectives involved does drive a red dual wheeled pickup – Garnto was evidently holding back on them. Believing that federal agents would not be available on a holiday weekend, especially on short notice, Garrett and Dennis chose this opportunity to agree to attempt to arrange a face-to-face meeting between Dennis’ source and Garnto’s buyer. This meeting was to transpire at Fort Myers Beach on the Fourth of July weekend. Jesus Sanchez traveled to Fort Myers Beach that evening and checked into a hotel; he states that he remained there for three days. On Saturday, July 4, 1998, Garnto, Dennis and Garrett traveled to Fort Myers Beach in a car owned and operated by Garnto’s girlfriend, Mary A. Harper whose statement is attached as Exhibit 11. The witnesses all agree that Harper had no idea that there was an underlying reason for the trip – this assertion is supported by the fact that whereas everyone else involved had extensive criminal records, Harper has no record at all. The four of them shared a room paid for by Melissa Garrett. On Saturday, July 4, 1998, the group spent the day on Fort Myers Beach. That afternoon, Dennis told Garnto that his source was physically present at the beach and willing to meet the buyer. As they suspected, Garnto was unable to contact TFA Eads. In Dennis’ words, “Garnto failed the test.” On Sunday, July 5, 1998, Garnto consumed a substantial amount of tequila and was thoroughly intoxicated by mid-morning. Later that afternoon, Dennis confronted Garnto and told him that Jesus Sanchez was now convinced that he was an informant. Page 10 of 13 Pages Oracle International, P.A. Everyone involved (other than Sanchez who was not present at the time) has testified that Dennis did not want to be involved in a murder and warned Garnto that Sanchez intended to kill him. Garnto, Dennis, Garrett and Harper prepared to leave the beach. At approximately 3 PM that afternoon, as they were preparing to leave, Garnto saw Sanchez and another male in the parking lot. Garnto states that Sanchez was parked in a green Ford Explorer at the time. Garnto panicked, ordered everyone out of the vehicle including the driver, and fled the parking lot - Sanchez left the lot immediately behind him and heading in the same direction. Sanchez, and everyone else involved, corroborate Garnto’s statements. Sanchez does drive a green Ford Explorer. Harper’s car had defective windshield wipers and a broken seat that had been propped up with a brick. At the time Garnto sped from the parking lot it had begun to rain. A few minutes later, Garnto lost control of the vehicle, crossed the center line and struck the BMW in which Kristina Waddell was a passenger. Garnto, and the four occupants of the BMW were seriously injured; Kristina Waddell’s injuries were fatal. Sanchez was right behind him. In his sworn statement, he admits that he got out of his truck and checked on the status of those involved. He made an effort to help some of the passengers in the BMW; he states that he was a lot more worried about them than he was about Garnto. Garnto has testified that FTA Eads met him in his hospital room a few days after the accident. This claim is corroborated by Mary Harper. Garnto further claims that he met with Eads and another agent a few weeks later in the Burger King parking lot in Labelle. At that time, Eads is reported to have given Garnto $1000 in cash which Garnto now claims was an incentive to flee the jurisdiction of the court and those who might harm him due to his role as an informant. Garnto claims that he “knew better.” Garnto was ultimately arrested on charges of DUI manslaughter and remains incarcerated in the Lee County Correctional Facility in Fort Myers, Florida pending trial. The charges related to Garnto’s work as an informant have all been dropped including the federal charges filed against Dennis and Sanchez. Page 11 of 13 Pages Oracle International, P.A. Summation: The death of Kristina Waddell was a tragedy that could, and should, have been avoided but there is no evidence of corrupt motive or evil intent on the part of any of the law enforcement officers or agencies involved. The Firm should be aware that I traveled to Hendry County and met with Chief Deputy Grady Johnson on September 3, 1998. Chief Johnson indicated that he was generally aware of the situation and acknowledged that there had been allegations that his agency had released Garnto prior to the end of his sentence. Chief Johnson stated that an internal investigation was underway and he assured me that his agency would cooperate with regards to my efforts to establish the facts. He suggested that I arrange a meeting with Sheriff Lee who was not present at the time. I subsequently met with Sheriff Lee who reiterated the position expressed by Chief Johnson. Sheriff Lee stated that his “door would be open” at any time and expressed concern regarding the situation and the associated allegations. He asked that he be advised of any significant information as it was developed. Throughout this investigation, Sheriff Lee’s door has been open and I have apprised him of the facts as they were discovered; this cooperation has gone both ways. Most of the documents attached to this report were provided by the Hendry County Sheriff’s Office and many were in their exclusive custody and control. While it is not clear who authorized Garnto’s early release, it is clear that I have not been burdened or obstructed by any effort to cover it up. In an effort to determine the facts, I have met with Garnto several times. I have found it exceeding difficult to determine which version of Garnto’s various stories is to be believed. Garnto continues to maintain that: ¾ He has no knowledge or reason to believe that Sheriff Lee or Chief Johnson were involved in the decision to release him and ¾ The Hendry County authorities he did deal with agreed to represent that his involvement as an informant was entirely voluntary as a condition of his cooperation because he wanted to demonstrate to his mother that he had “turned over a new leaf.” Page 12 of 13 Pages Oracle International, P.A. If Garnto is truthful in claiming that Hendry investigators agreed to represent his cooperation as being “right minded” and voluntary as an accommodation to him, it is obvious that it would be difficult to reverse such a position once taken – especially when such representations have been made to the media. Misrepresentations to the media are one thing – perjury and subornation thereof is quite another. I have not taken any sworn statements from any of the Hendry County officials involved and I have no reason to believe that any sworn statements have been made. I suspect that the full facts and circumstances will be revealed once the people involved are compelled to testify. This investigation has established compelling reasons to believe that Garnto was released from the custody of the Hendry County Jail prior to the end of his sentence in exchange for his cooperation as an informant as evidenced by the facts, statements, circumstances and documentary evidence. Furthermore, there is a substantial body of evidence that Garnto was actively working as an informant for the DEA immediately prior to the accident, felt compelled to flee for his life when the situation turned sour, and caused the accident that killed Kristina Waddell as a consequence. If the federal government put Garnto in a position where his life could reasonably be expected to be threatened, they should have made some provision to protect him. Admittedly, it is difficult to make these sorts of arrangements at the last minute prior to a holiday weekend but Garnto should not have been allowed to proceed with this sort of undertaking without backup and supervision. In actuality, there is more than enough blame to go around and a virtually unlimited number of parties with a legitimate claim to it. Garnto had been arrested fortytwo times as an adult, he has an extensive juvenile criminal history as well. For anyone to assert that Garnto was walking the streets in July of 1998 solely because law enforcement officers set him loose would be disingenuous – these are the same law enforcement officers that brought Garnto before the Court forty-two times in fifteen years. Issues of fault notwithstanding, at this point in time a young mother is dead, a child is orphaned, innocent people have been seriously injured and the tax dollars spent have served no purpose other than to provide the drug trafficking community with an invaluable lesson on the tactics and techniques of law enforcement. This investigation is ongoing. Page 13 of 13 Pages