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Kyle's Legal Battle - a Travesty of
Justice
It has now been three years since we
lost our son, Kyle Hagmann, to GHB. We feel as if we now need to set
the record straight regarding the circumstances of his death and the
inadequate investigation conducted by the Ventura County Sheriff's
Department following his death.
Toxicology tests revealed that Kyle had a high level of GHB in his
system at the time of his death. GHB in combination with other
depressants such as alcohol may worsen the depressant effects and
increase the possibility of a fatal outcome, as in Kyle’s case. Kyle
was never involved with drugs and didn't associate with people who
were.
Kyle’s death has been under investigation by the Ventura County
Sheriff’s Homicide Department for the last three years. This
investigation has revealed that Kyle was drugged with GHB the night
of his death and his roommate, at that time, has been under
investigation for the last three years by the Ventura County
Sheriff’s Department for his involvement directly related to Kyle’s
death.
This statement by the District Attorney basically summarizes the
conclusion of this three-year investigation.
Direct quote from Senior Deputy District Attorney James D. Ellison
of Ventura County, CA……….“California Penal Code 801 provides that
any prosecution for an offense punishable by imprisonment in the
state prison for less than eight years shall be commenced within
three years after commission of the offense. In 1999 possession of
GHB carried a three-year maximum sentence, furnishing GHB carried a
four- year maximum sentence, and involuntary manslaughter also
carried a four-year maximum sentence. Since Kyle died on April 24,
1999, charges needed to be filed by April 24, 2002. The case against
Mr. Meacham was submitted to the District Attorney’s Office for
review on May 6, 2002, twelve days after the deadline. We are thus
precluded from filing any of these charges.”
We didn’t know there was a three-year statute of limitations for the
filing of manslaughter charges in the state of California. We were
told repeatedly by the detectives in charge of this case that,
“There is no statute of limitations regarding a homicide
investigation.”
Since the circumstances were questionable regarding the facts about
Kyle’s death, we immediately hired a private investigator. He was
the one who uncovered a lot of information about Kyle’s death, not
the homicide detectives. This case basically sat for two years. In
January 2002 the case was finally given to another detective to
conclude. He did put a lot of effort into it but missed the deadline
for filing it in time before the statute of limitations expired for
manslaughter charges.
Because this case was twelve days late reaching the District
Attorney’s Office, the charges that would have been filed cannot be
filed now. In our opinion, the length of time it took to conclude
this investigation is unacceptable. There is absolutely no excuse as
to why this case continued to linger for three years in the Ventura
County Sheriff’s Homicide Department. We were in constant contact
with the detectives in charge of this case, doing everything
possible to get this case to move forward. It has been heart
wrenching for us to have to now accept this outcome, knowing that
the person responsible for Kyle’s death, if successfully prosecuted,
would have served up to eleven years in prison. We feel totally
failed by the system, but more sadly the system also failed Kyle.
GHB is known as a “rape drug” and is used to incapacitate its
victims.
It also needs to be known that men as well as women can become
“unknowing” victims of GHB, as evidence revealed in Kyle’s case.
And, be aware that if you are “slipped” GHB, it could very well be
by someone you know.
Kyle was just at the wrong place at the wrong time and sadly that
place was his own dorm room at California Lutheran University, which
we considered to be the next safest place besides our own home.
Tony & Elise Hagmann
Big Bear Lake, CA
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GHB and its analog products claim to fight stress and
depression, stimulate Growth Hormone, induce deep sleep, relieve anxiety,
aid in muscle-building, enhance sexual feeling, enhance athletic
performance, and combat aging.
Beware....... it's what you don't know that can
kill you - or someone you love. |
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