Trayvon Martin vs Allen Hicks

In our previous column “Elections Kill“ we asked if consulting with the state attorney is optional for the Sheriff’s Office and do they selectively consult with the State Attorney’s Office when they feel like it and depending on whether it is an election year like 2012 was? This was with respect to whether the Sheriff consulted with the state attorney about his own staff in the death of Allen Daniel Hicks Sr or in the case of Hillsborough County Schools student Isabella Herrera whose death went virtually unreported to the Public for 9 months until the death of a second student Jenny Caballero.

Here’s your answer:  Turns out that consulting with the state attorney is optional. According to Mark Cox with the Office of the State Attorney, 13th Judicial Circuit, Hillsborough County “There is no requirement that law enforcement agencies consult with the State Attorney’s Office.  These agencies are independent from the State Attorney’s Office with their own command and investigation authority. If the law enforcement agency wishes to, it may forward the results of any investigation to the State Attorney’s Office in what is known as a direct file.”

So if the Sheriff’s office does not “wish to,” it has no obligation to forward the result of any investigation to the State Attorney. Apparently the Sheriff’s office did not “wish to” forward the death of Allen Daniel Hicks to the State Attorney for possible prosecution of their own staff. And apparently the Sheriff’s Office also did not "wish to" forward the death of Isabella Herrera to the State Attorney.

But, in contrast, the Sheriff’s Office “wished to" consult with the State Attorney in December 15, 2011 for a special needs student that was left on a bus at Valrico Elementary but that child was not even injured. None the less the Hillsborough County Sheriff’s Office also issued a news release that says “Deputies investigated the incident and after consulting with the State Attorney's Office a warrant was issued for the School Aide.”

Like Superintendent MaryEllen Elia’s open mic comments might suggest in our column “Derelict Duo”, it would appear that the criteria for prosecution is inverted based on controlling public perception. It appears that an aide is less likely to be prosecuted if their charge dies because that would receive substantial press coverage while also pointing toward Hillsborough County Public Schools administration as potentially culpable. Whereas, an aide whose charge is uninjured will receive limited press coverage but portray the administration as taking decisive action, so this aide gets prosecuted.  

So what is the difference between the Trayvon Martin Tragedy and the Allen Daniel Hicks tragedy? They both have elements of prejudicial racial profiling. And both appear to have been suppressed by law enforcement. However, Trayvon Martin is getting national press while the Allen Hicks tragedy goes largely unnoticed despite this stark similarity.

Hicks, also an African American, suffered a stroke but was instead imagined to be a possible drunk driver and arrested on a charge of obstructing a law enforcement officer. So Hicks was booked without a medical screening and placed in cells where he lay approximately 36 hours before he was finally diagnosed with stroke symptoms and taken to Tampa General Hospital, where he later slipped into a coma and died on Aug. 7.

Something else many may not realize is that this Hicks’ stroke arrest tragedy on May 11, 2012 is only about 4 months after the Isabella Herrera tragedy on January 25, 2012. Hillsborough County School student Isabella Herrera died from respiratory distress on January 26, 2012 that began on a School Bus. The aide and bus driver failed to call 911 or seek assistance at the pediatric clinic that they were parked in front of.

Anyone can check the Sheriff’s Office news releases at their website and when you do note the Sheriff Office’s previous failure to report/provide a news release in the Isabella Herrera tragedy that they responded to on January 25, 2012.  Then, here again in the Hicks tragedy, note that the Sheriff’s office again conveniently failed to report/ provide a news release on this incident also in May of 2012.

The failure of the Sheriff’s Office to report the Isabella Herrera tragedy contributed to its conveniently remaining virtually unknown to the general public for 9 months, during a campaign year when 4 incumbent school board members were running for re-election, the Republican National Convention was coming to town, and the School Superintendent was in the midst of her own performance review.

This failure to report arguably led to a failure to take action in the form of training and procedures until the death of a second special needs student Jenny Caballero on October 22, 2012.

But Sheriff Gee was also running for re-election in 2012. Imagine what might have been if either or both of these tragedies had been reported by the Sheriff’s department in their News Releases and/or to the State Attorney.  Conceivably, Jenny Caballero would still be with us. Conceivably, the public outrage over the lack of training and procedures at the School District over the Herrera tragedy would have even made the Sheriff review his own training and procedures and thus saved the life of Allen Daniel Hicks Sr.

But, instead the general public was left virtually uninformed and most of these incumbents had a safe ride for themselves to re-election. Elections kill.

Not only did the Sheriff’s department not report the Allen Hicks incident in their News Releases but they did not take any formal disciplinary action against their staff. Was this a quid pro quo? Had they taken action against the staff, the staff might have gone public or to the press much sooner. Is that why no disciplinary action was taken?

Recall that the School District also originally never disciplined the bus driver or aide in the Isabella Herrera tragedy. Was this another quid pro quo to keep them from talking? Meanwhile there are numerous examples that those staff who do talk are let go. And you almost never see any teachers or staff speaking independently on a School Board meeting agenda item except perhaps now when the Superintendent tells them to come speak (see Patch Expose’: Derelict Duo)

Like the Trayvon Martin tragedy, we have no confidence that these investigations were handled appropriately and are asking the State Attorney to review the cases. We believe that they have failed to devote the necessary degree of care to their investigation. Interested persons and the public-at-large are entitled to no less than a thorough, deliberate and just review of the information provided, along with any other evidence that may or may not be developed in the course of the review process.

You might want to write the State Attorney(ober_m@sao13th.com) and ask why the Herrera tragedy and Allen Daniel Hicks Sr tragedy are not negligence.

The next school Board meeting is July 30, 2013 at 5 p.m. and anyone can speak at a school board meeting, just sign up at  http://www2.sdhc.k12.fl.us/boardagenda2010/Shared/Agenda_Print.asp?BD_MTG_ID=592

We hope you have something to say about this. Please govern yourselves accordingly.