Need to ask a question

[George911]

What is the name of your state? Kentucky...

I was wanting to see if this is the correct forum to ask if a lawsuit can be filed against a county sheriff's department for not securing the scene of an accident where my son was murdered...There was evidence taken from the scene of the crime by the boys father after my son was beaten and passed away the next night after being beaten by a baseball bat..

Thanks Anybody..

[quincy]

I am so sorry to hear about your son. The world, sometimes, just doesn't make a lot of sense.

To answer your question, yes, you can sue the Sheriff's Department if they were negligent in securing the scene of a crime (if they had the opportunity to do so before evidence was taken or destroyed).

Wait for other posters on this forum who have much more knowledge than I do about this. And, again, I am so sorry for your loss.

[Silverplum]

I, also, would like to add my condolences for your great loss.

[seniorjudge]

Originally Posted by George911

What is the name of your state? Kentucky...

I was wanting to see if this is the correct forum to ask if a lawsuit can be filed against a county sheriff's department for not securing the scene of an accident where my son was murdered...There was evidence taken from the scene of the crime by the boys father after my son was beaten and passed away the next night after being beaten by a baseball bat..

Thanks Anybody..

I am so sorry that both of these bad things (one unspeakable, the other just awful) happened to you.

Unfortunately, such a lawsuit is fruitless.

The cops owe a duty of care to the public in general and not to any specific person.

However, I would suggest that you talk to a lawyer about this.

[quincy]

George911 -

I wanted to add one additional note: It is a criminal offense to tamper with evidence at the scene of a crime, so if evidence was taken, the police will discover it and charge the person responsible accordingly.

Also, law enforcement officers are trained to know the importance of properly protecting evidence at a crime scene, and they are aware that the entire investigation of a crime often hinges on the first person at the scene properly identifying, isolating and securing the scene by restricting access. However, their first obligation, as it should be, is to assist any victim of a crime. I am sure they were concentrating their efforts on trying to save your son.

I just wish they had been successful.

[George911]

Here is the 1 thing about my son's murder that don't make any sense to me...He received a broken neck and several facial fractures in this incident inside of a trailor and the thing is I didn't find out that evidence was taken from the crime scene where this happened until this past Tuesday August 21st..An investigator found out that the father of the boy that beat my son had taken evidence from the trailor the next day and told him he had better bring everything he had taken out of there and bring it back....He did bring back 2 baseball bats that were inside the trailor at the time this incident happened,however the father did not live at this residence,his son lived there with his mother...After being beaten inside the trailor my son was dragged through the trailor by this boy and thrown off of a 4 foot high porch into a graveled driveway,where my son layed until a deputy arrived on the scene..The father took whatever he took from inside the trailor after the investigating officer left the scene of the crime...What I can't figure out is that this investigator from the prosecutor"s office told the father to bring back all items that he had removed from the trailor and does anyone think that he is going to bring back all the items that he removed??My son was beaten with a blount object before he was dragged through the trailor and thrown off the 4 foot high porch into the graveled driveway,where he was already lifeless..From the beginning they said there were 3 baseball bats and that 1 of them would never be found and that it had been thrown in a river nearby...I think that the baseball bat that is missing is the possible object used to beat my son but I'll probably never know..A sad loss for me as that was the only child that I had...I just hope and pray everyday that this never happens to anyone out there no matter who it might be because its a very difficult thing to have to live with everyday....Thanks for all replies from everyone...