Wednesday, June 26, 2019

Exculpatory Evidence in Rick Torres Murdering Jason Wilkinson Hidden for Years


Exculpatory Evidence in Rick Torres Murdering Jason Wilkinson Hidden for Years

Officer Rick Torres murdered Jason Wilkinson, a 17 year old on Mother's Day, May 8, 2005.  The lead investigators, Detectives O'Dell and Hemstock covered up the murder of Jason and Rick Torres was never charged with murdering Jason.

A previous article released recounts the cover-up.  However, the cover-up is much more sinister than initially thought.  VPD Officer Torres resigned from Vancouver Police Department in 2006, about a year after the shooting.  This is commonplace in government agencies where there are civil service employees.  They pass along the problem to someone else.

It is unclear how Rick Torres obtained employment after the murder, however, he immediately began working for a multi-national corporation, the Lind Group.  While working for the Lind Group, Torres was sued by the family of Jason Wilkinson.  The case is Wilkinson v. Torres.  

In support of the family suing Torres, Key, the Vancouver Police Department and Chief Martinek, Anthony Davis, the eyewitness to the murder filed an affidavit remaking what he saw that day.  

The affidavit reads in part:

The November 28, 2008 affidavit states in part:

I, ANTHONY DAVIS, declare as follows:

            11.       The second officer (Torres) had is [sic] firearm drawn as he approached the minivan. As the minivan began to back up, the officer that had is [sic] gun drawn looked at the officer standing in front of the minivan.  They made eye contact and appeared to acknowledge each other.
            12.       The officer with the gun walked to the front passenger door of the minivan as it began to drive away from the officers and fired his weapon at the driver.
            13.       The van was traveling at such a slow rate of speed that the officer was able to walk in pace with the minivan as he repeatedly fired at the driver.
            14.       When the officer began to fire his weapon, the minivan was moving in almost the opposite direction from where the first officer stop.
            15.       When the officer began firing his weapon, the first officer was nowhere near the minivan’s path of travel and not in harms way.
            16.       As the officer was shooting at the driver, I could see that the driver had two hands on the steering wheel in positions of 10 and 2 o’clock.  The driver slumped back in his seat and dropped his hands to his side after being fired upon multiple times.
            17.       The officer continued to fire at the driver of the minivan as the minivan coasted slowly backwards.  The officer stopped shooting and the minivan coasted out of the yard and into the middle of the street in front of me.
            18.       The officer that had fallen was now lying on his back in the street holding his leg. It was my impression that he was resting after being hurt or that he was faking an injury.  I observed nothing during the course of the event that would cause me to believe the officer had been injured.
            19.  After having witnessed the event and not knowing what to do, I made a hand gesture to the officer laying in the street indicating that I was going to move my car. I made a u-turn and puled into the driveway of the house located directly east of the intersection of 40thAvenue and 49thStreet.
            20.       At no point during the event did it appear to me that either officer was in danger of being ran over, injured, or killed by the minivan.
            21.       I saw no reason for the police to shoot the driver of the minivan.
            22.       I made a recorded statement to police shortly thereafter and is incorporated by reference as Exhibit 1.

During Torres sojourn from law enforcement from 2006 through 2013, while he was working for the Lind Group, the lawsuit muddled its way through the system.  The presiding Judge, Benjamin Settle, ruled that Torres made conflicting statements during his internal affairs investigation into the murder.

Remarkably, with the statements by the judge depicting Torres as an unreliable, lying witness, Clark County Sheriff's Office hire Rick Torres in 2013.

Astoundingly, the City of Vancouver did not place Torres on a Brady List, which is a list of officers that have been known to make false or untruthful statements under oath.  Judge Settle determined that Torres remarks regarding the murder were conflicting.  Torres was hired with both the mar on his record for making false statements and an eyewitness account of Torres murdering Wilkinson.

The 2008 affiant, Anthony Davis was never interviewed by either Detective O'Dell or Hemstock after they threatened him.  The 2008 affidavit did not trigger an investigation in spite of Detective O'Dell documenting that he attempted to get in touch with Davis on multiple occasions.  O'Dell's final synopsis in the case does not mention Davis a single time.

In an amazing turn of events, Torres was hired by Clark County Sheriff's in 2013.  He was scheduled to testify at a trial  on August 10-12, 2016.  The person he had arrested was going to bring out the false statements made by Torres in his internal affairs testimony.  However, Torres resigned on August 4, 2016, less than a week prior to the trial.

The Prosecuting Attorney failed to disclose the affidavit of Anthony Davis to each and every defendant that Rick Torres participated in arresting after Torres murdered Wilkinson in 2005.  The lawsuit where Judge Settle deems that Torres made conflicting statements is Wilkinson v. Torres which was finally decided in 2010.  The affidavit of Anthony Davis was filed 3 years after the IA investigation was closed 2005.  The affidavit and the false statements made by Torres have been hidden from each defendant Rick Torres arrested.  Brady v. Maryland, a court case decided in 1963 requires the Prosecuting Attorney to turn over any evidence that may be helpful to a defendant.  This is further evidence that the officials in Clark County are covering up the murder of Jason Wilkinson.

Torres has returned to working for a subsidiary of the Lind Group after his 6 days notice he gave Clark County Sheriff when he resigned.  

The Clark County Prosecuting Attorney's Office will not respond to requests regarding the affidavit Anthony Davis filed in 2008 depicting the murder.  Nor will they respond to request for information as to what Clark County Officials have seen the affidavit of Anthony Davis.  They have also been provided the transcript of the 2019 interview of Anthony Davis and will not respond to it.

During the 2019 interview, Davis states there was another eyewitness to the murder that has never been interviewed.  The name has been withheld from CCSO and VPD.  However, both agencies have been made aware that there is another eyewitness to the murder of Jason Wilkinson.  They have not contacted anyone to find out the name of the second eyewitness to the murder.

Messages have been sent to Rick Torres wife asking if anything written about him is inaccurate.  She has not responded to the inquiries.  





Detective Eric O'Dell of CCSO Attempts to Discredit Eyewitness Who Saw Fellow Officer Murdering Citizen

Clark County Sheriff Detective Eric O'Dell Attempts to Discredit Eyewitness


May 8, 2005 Anthony Davis witnessed Rick Torres walk up to the window of the van Jason Wilkinson was driving.  What Davis witnessed that day was an execution.  According to the internal affairs interview of Davis the day of the shooting, Davis account, which he reiterated on a follow-up interview on March 30, 2019 depicts the grizzly murder.  

Davis stated that he witnessed Rick Torres walk up to the passenger side of the vehicle with his weapon drawn, looks over at his partner, Officer John Key, and fires 7 rounds into Jason as the minivan was backing up.  Torres then stops, looks up at Officer Key, and fires another 4 rounds into Jason from approximately 5 feet away.

The investigation was a cover-up at the behest of Clark County Sheriff's Detective Eric O'Dell and Vancouver Police Detective Stuart Hemstock.  An internal affairs complaint has been filed with both agencies, however, neither agency has opened an investigation into the cover-up.  It is being buried by the two agencies.  

Davis describes his interaction with the officers during the months following the murder.  Davis describes how the officers repeatedly stopped by his house and attempted to get him alone and when they did, they encouraged him to change his testimony.  

When Davis returned to the scene the day after Torres murdered Jason, he was threatened by Detective O'Dell.  O'Dell called him and asked him to return to the scene and place his vehicle where it was the day of the murder, which he did.  The internal affairs investigation reports state that Detective O'Dell placed the location of Davis's car into the accident recreation program which indicated that Davis was less than 10 feet from the sidewalk.  Davis stated in his 2019 interview that he was less than 30 feet away from the vehicle that had just crashed.  

Davis states that Detective O'Dell recorded all conversations with him during his interview the day of the shooting and the day following the shooting, O'Dell videotaped Davis and his placement of Officer Torres and Officer Key when the shooting started.  

Officer Torres places Officer Key on the ground when he started shooting Jason.  Contrarily, Davis places Officer Key standing in the front of the vehicle when the shooting started.  The videotape of Davis account the day after the shooting is not in the internal affairs file.  Nor is the first interview of Davis minutes after the shooting.

Torres immediately made 4 phone calls on his cellular phone after the shooting.  Neither Detective O'Dell or Hemstock mention these phone calls in the internal affairs interview, nor did they identify who the 4 people Torres called immediately after he murdered Jason.  A public records request was filed with the VPD asking for the phone records of Rick Torres the day of the shooting.  The Vancouver Police Department responded that they have no records of Torres phone calls.  

Also troubling is the statement that he made that he was videotaped when he returned to the scene the following day.  He states that he told the officers where both Torres and Key were when the shooting started.  This would be a normal thing to do for the LE Officer in determining what transpired during the shooting.  One would obviously want to know where an eyewitness places each officer when the shooting started and when it ended. 

Instead of investigating Rick Torres, both Detective O'Dell and Hemstock turn their investigation on its head and start investigating Anthony Davis.  They pull his criminal background and begin interviewing every reporter that Davis spoke to.

Below is an email, which depicts O'Dells first attempts to discredit Davis.  The propaganda campaign started 3 days after the murder.

From:  Hemstock, Stuart
Sent:  Wednesday, May 11, 2005 4:47 PM
TO:  Rawlins, Troy; Davis, John; Prentice, Ed
Cc:  O’dell, Eric
Subject:  OIS response

We are at a loss for where this guy Anthony Davis was when officer’s arrived at the scene.

Davis insists that he had pulled over right in the middle of the shooting.  He parked his car southbound on NE 40thAve right on the corner with NE 49thStreet.  He said he nearly was facing entirely west.

The problem, however, is that Schanaker, Torres, Key and others don’t recall his car ever being there. This may have been because they were distracted by other things going n at the time, or it may have been because the car wasn’t where he said it was.

This guy Davis said that he asked an officer at the scene if he could move his car and he was granted permission.

For any of you watching news accounts on TV, Anthony Davis is the guy that is depicted wearing the white baseball cap saying the police reacted inappropriately.

Thanks for your response one way or the other.

Stu

From:  Rawlins, Troy
Sent:  Thursday, May 12, 2005 7:33 AM
To:  Hemstock, Stuart
Subject:  RE:  OIS response

I don’t recall seeing this guy anywhere in the scene, or at all.  I assisted with the suspect and Officer Key while at the scene.

Sorry about that.
Troy R.

From:  Hemstock, Stuart
Sent:  Thursday, May 12, 2005 7:39 AM
To:  Rawlins, Troy
Cc:  O’dell, Eric
Subject:  RE:  OIS response

Thanks.  It is what it is no more no less.  Nothing to apologize for, no worries.

Stu 

Weeks after this email, Detective O'Dell calls another officer that was not on scene when the murder took place and asked if the officer saw Davis's vehicle where Davis placed it the day after the murder.  During the officers interview, he agrees with O'Dell that Davis's car was not where he said it was when this officer arrived on scene.

As Davis recounts in his 2019 testimony, he had just witnessed a police officer murder Jason Wilkinson, and he immediately backed his car in a driveway away from the murder scene.  Davis states that he got out of his car and started yelling to alert attention that the officer just killed Jason Wilkinson.

The Clark County Sheriff's Office will not respond to requests for comments on the case.