Addressing Rick Outzen’s Recent Article “The Case That Shook Pensacola”

For those that know me, you know Rick and I are not friends. I challenged his integrity after he consulting him at the beginning of my quest for the truth in this case. Rick provided a wealth of knowledge that was never published and I was able to corroborate that. His facts were never disclosed and he was “sitting on them”. I asked why he never did anything with that information. He said, “well time moves on; people lose interest”. That was really interesting to me. The facts I speak of point to the innocence of Pat Gonzalez Jr.

So my reply to his statement that time moves on was, “This is a man’s life; you’re telling me you just didn’t feel like pursuing the truth. So what does that say about your integrity?” He stammered, hemmed and hawed. Finally hung up on me. Tried to intimidate me to redact a column of his regarding this murder in my book. It was fully credited to him, but he said for $25K. He’d abandon his claim on that article.

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I replied after consulting an attorney. Needless to say, nothing ever became of it.

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So this article ,published on theInWeekly.net site, is a recap of the Billings case as well as sort of tribute to Sheriff Morgan and his tenure. Naturally, I have many issues with it. I will copy the excerpt that I find less than accurate.

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“The crime exposed an underbelly of Escambia County that few locals wanted to admit existed”

This is the most truthful assertion of the article.  Those that know the Billings Case intimately know that there is great deal of info that came out about Byrd Billings and his businesses, families and that opens up the door to incites into his murder. None of these things were ever officially investigated.

“…established Sheriff David Morgan has (presumably ‘as’) one of the top law enforcement leaders in the country. “

This is a flat lie and cannot be proven by any stretch. He is a legend in his own mind but the world does not share that delusion; Rick appears too as well.

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While his “policy” may be not to go to the scene of a homicide, that did not stop him from showing up at this one. That will never be found in any report. Which begs the question, why?

I know Morgan was there because of the account from Robbi Jones, a lady who lived on the property with her husband, Samuel. They did odd jobs for Byrd and Robbi was home at the time of the murder. She didn’t have a clear line of sight of the main house as she lived in a trailer behind a detached garage. But you’d think she and her husband would have given a statement at least or would be questioned. That didn’t happen. However, the kids, April, Ashley, Blue and Justin all gathered in her trailer with the kids when Morgan arrived. He wrote down Robbi’s name in his little notebook and probably was in her home for 20 minutes or so. However, nothing ever came of it. She literally is excluded in history and was never investigated as a possible suspect.

When Robbi contacted me last year, I was shocked. I had not ever seen her name or her hubby’s in ANY paperwork. Robbi told me she was on Dateline with the family.  This is an excerpt of the transcript of that episode, ” No Safe Place”:

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Robbi and James both saw Morgan and talked with him. Why is that part left out of the narrative. Morgan alludes to it by saying his “policy is not to go to the scene of a homicide”. You can almost hear the “but that night….” that surely followed in this quote. Conveniently left out.

Robbi’s other contribution is that she can attest to the chaos, lack of procedure, lack of securing the scene overnight as well as deputies coming to get Justin to access the video. That is such a sloppy law enforcement act. That evidence is tainted by virtue Justin could have easily accessed another video, deleted part etc….this breaks the chain of custody and this evidence should have been excluded by this act alone.

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None of this “organization” or him sitting down asking how to make this easier for them to investigate. In fact, there were several people working different parts of the case. For example, a pair of investigators looked into Lenny Gonzalez and the van. Another pair went to investigate differing areas but none of these investigators EVER sat down and shared their findings with each other. No one knew more than there task. It was all coming in to Morgan but he wasn’t disseminating. tama barber depo excerpt_Page_05

Chris Baggett’s depo sheds more light on the level of coordination and checks and balances.

 

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So Morgan is the Top Law Enforcement Leaders in the Country? HA!

Why Not Having a Law Enforcement Officer as Sheriff Hurts Escambia County

Speaking to the skills Morgan brought to the ECSO, this is an example of a case from an actual court deposition of Chris Baggett.  I have cut and pasted the relevant portions and as to not disclose any true case information:

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The problems in this case are huge in terms of conviction. The fact that no one person was acting as a lead investigator by delegating exactly the job he is asking for help with and by FOLLOWING UP to make sure nothing but his directions are followed leaves room for the defendant’s counsel to attack the provenance and evidence, the accuracy of said evidence and even the intentions of the
investigators to try to circumvent the law.

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Working for Judge Mapother a lifetime ago, there was one rule that anyone could get fired for and that was lack of documenting a case. If there is no documentation, it did not happen. Or at least, you cannot prove it happened. In criminal cases, if statements are not taken on the record or recorded in some form, they cannot be proven in court. That is what we have here.

 

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Why is any of this important?  Well this is important because in looking at the statistics of cases of the Circuit Criminal Court in Escambia County, the number of cases that are sent to the State Attorney that end up being dismissed for one reason or another—like improper evidence or insufficiency,–both of these are typically problems that initiated prior to the State Attorney receiving the case–shows that the State Attorney is more likely to dismiss and plea bargain a case than to fully prosecute it.  Here are the statistics:

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Nearly 20% of defendants had their cases dismissed or acquitted.  72% took a plea.  Both are results of the state being unwilling to take their evidence in front of a judge and jury. 92% of cases are not being fully prosecuted since 2009. One has to wonder how many of these cases were screwed up by either poor police work or malicious arrests that Sir David seems to love.   Just a note for the people awaiting a trial in the deputy sexual assault case, there is historically slim to no chance of this ever getting before the jury…ie no real chance for justice to any responsible level.

Facts Never Revealed

In going over this case over and over, there are 2 statements that stand out. Those would be Blue Markham and Justin Billings. I have provided excerpts.  If there is anyone out there that can explain to me why these statements were never followed up on, please let me know.

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So we have Blue Markham turning an identical van to the one used in the crime to Cab Tice.  2 vans…the one in Sr.’s backyard and the one Cab Tice got from Blue Markham.

Now Justin Billings’s testimony is just craziness at its finest.  Yet Justin was never considered a suspect or someone possibly involved with the crime.  Read for yourself what he says mere hours after his family is butchered in their home–his former home.

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Someone please tell me again why Patrick is a better suspect than these two who were in closer proximity and had more motive than anyone else?