• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Death of My Son,Rocky Pearson

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Rockyappstate

Junior Member
What is the name of your state (only U.S. law)? North Carolina On 01/25/09 my son died with a gun shot wound to the head,there was a witness in the room plus 4 other people in the apartment. It happened in Blowing Rock-my son was a student at Applachian.My question is as his mother why can't I get a complete copy of the police report? They would only allow us the front page and the witness' name wasn't on first page. They said we would have to go before a Judge in Watauga County to get complete report----Why is this ????What is the name of your state (only U.S. law)?
 


I can not say with any authority why that is, but you should certainly ask why you haven't been given access to the list of witnesses. Because you believe that his cause of death is not suicide, as is listed on his death certificate the police may fear retaliation from you or your family if you know who else was there when he was shot. I would tend to agree with this since the name of the witnesses is exactly what you say you are after. It's also possible that this is normal standard practice. Just ask why.

I am deeply sorry for your loss.
 
Last edited:

garrula lingua

Senior Member
It's common to redact (remove/black out) the names of witnesses. In many states, it is a misdemeanor (even for a Prosecutor) to release the names of witnesses to a crime.
The Police have to be able to complete their investigation without interference.
Witnesses could be frightened away or harmed by relatives of victims or of the perp.



Mom, my condolences for your terrible loss.
Hopefully the police investigation will result in a charge against the perpetrator and prosecution & conviction will follow.
 
Hopefully the police investigation will result in a charge against the perpetrator and prosecution & conviction will follow.
The death was ruled a suicide, it's my understanding from the news reports I could dig up that the investigation is closed and there will be no prosecution since he took his own life. I also found a significant amount of information stating that the family does not believe he commited suicide which is likely why the police report and witnesses are being sought.
 

CdwJava

Senior Member
I know form first hand experience that family almost always believe a suicide of this sort is NOT a suicide. It is also common that the police will not voluntarily release the case file absent a court order.

If the family has a viable lawsuit against one of the parties, then they can seek a subpoena for the police report. or,they can make an argument that they should have access to a closed police file pursuant to state public records laws. Although, if the matter involves juveniles or other confidential information, it may be partially redacted.
 
Her son was 22 when he died and it was at 3 something in the morning, on a Sunday I believe. I doubt there were minors there as it sounds more likely to be late night partying that children *shouldn't* be present for. I doubt any issues with minors will be a concern.
 

cbg

I'm a Northern Girl
And of course in the history of the world there has never been a 16 or 17 year old at the same party with a 22 year old....:rolleyes:
 

CdwJava

Senior Member
Her son was 22 when he died and it was at 3 something in the morning, on a Sunday I believe. I doubt there were minors there as it sounds more likely to be late night partying that children *shouldn't* be present for. I doubt any issues with minors will be a concern.
Then the unwillingness to release the report is likely an exercise of standard practice and policy. If they agree to release this one willingly, they would set a precedent for releasing most any investigative file. Assuming state law does not mandate its release, the agency likely does not want to open that flood gate for public release of their entire catalog of closed case files.
 

Rockyappstate

Junior Member
Rocky Po;ice Report

I understand every bit of those responses. Please place yourself in my shoes Rocky was my only child. He was about to walk with his Majors in Criminal Justice and Minor in Pschology...Rocky was brilliant he'd been on the chandellors list and had intentions of going back for his masters,so now can you see where the family doesn't believe he actually commited suicide. I personally spoke with the eye witness he said it was an accident/but I still ask and want a complete copy sent to me without going through boundless red tape. I as his mother feel I deserve this just to help with closure because regardless my son' not coming back and I just want to know. Sincerly Tammy
 

CdwJava

Senior Member
Whether we think you should or should not receive the report is not relevant. What IS relevant is the law in the matter. If the police say they will not release it absent a court order, you will just have to go to court and get the order ... if a judge will do so.

I can't begin to comprehend the depth of your loss, but empathy does not help you in trying to get the report. Since the release of this report is likely a precursor to a civil suit against someone thought to be responsible, the police are going to want to cover their tails and not be accused of giving up info that they can later be sued for releasing. A court order makes it safe for them and covers their tail ends.
 

printman31

Junior Member
I'm not a lawyer nor do I play one on TV. but I guess they don't want to let anyone know who the witnesses are.

Many years ago my daughter was shot. I got many files from the police. But not a one had a witnesses name or info. They had witness statements. but not their names. It's probably to protect the integrety of the investigation..

EDIT: BTW I'm in IL
 

Rockyappstate

Junior Member
police records/my son Rocky Pearson and closure

I don't need the police report just for the eye witness' name for I already know every one of those,like I stated before I spoke with the young man in the room with my son on numerous occasions so that definitely doesn't hold a stick to my feeling my rights as his mother is being shunned under a rug/or swept in a corner like trash with no meaning. I simply can't afford an attorney to go with me before a judge in Watauga County for I was out of work for three months after my son died all of my bills are behind oh and I'm divorced and single and make 9.12 per hour so now that you know the rest of the story---I just want the complete police report so I can read it and then see where they ruled his death as a suicide and the one person who actually saw this said it was an accident----I just want to have peace and to be able to function in somewhat of a normal life,because as of now I take antidepressants,hate going out in the real world,and I bless each day that passes because it puts me 1 day closer to my son,my every thought is of my son before I go to sleep,everytime I wake in the night to relieve myself or just can't sleep period and my first thought in the morning or afternoon depends on when I make myself get up and my prayers consists of family and friends wishing them wealth/happiness/good health and for myself I ask God to please let me die so I can be with my son. With all this stated can anyone simply see a mother simply needing closure with no means financially to get papers that should be hers just for the asking??? Sincerely,Tammy
 
I'm sure that you could find the paperwork you would need to file if you were willing to put the time into it to find out. You may not need an attorney for this, so that need not be a concern immediately. However tragic your situation, it has no impact on circumventing the law. My recommendatin however, given what you have said would be to invest your time into therapy rather than anything else. You could benifit greatly from seeking counseling and I urge you to do so.
 

Rockyappstate

Junior Member
My Son/Therapy

I am in therapy the doctors and grief couselor gave me all the meds,so truly I'm working on feeling better it's just the most tragic hurt I've ever dealt with. As for the information on paper work without an attorrney could you please help me with that? I have the time and will do whatever I need too But I really just don't know where to start.Please help me? Off to work til 10pm eastern time
 

HighwayMan

Super Secret Senior Member
It would be difficult for anyone to help you in that manner through this forum.

The only thing I can think of right now is that some law schools have programs similar to internships set up either through the school or local courts that basically have law students doing volunteer work to help out people with simple legal needs, especially filing forms, etc. with the courts.

You can try contacting the local courts (something bigger than a local village or town court) or a local law school if you have one reasonably close. Of course, your area might not have this type of thing available, since I'm sure it's much more sparsely populated than where I am from, but it's a place to start.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top