FBI LAW ENFORCEMENT BULLETIN

DrowningInvestigationsBy GARY HAUPT
© Missouri Water Patrol
On a lake in Missouri, investigators made a grisly discovery. They found a white male floating with a heavy boat anchor attached to him with a rope. The subsequent autopsy revealed that someone killed him and dumped his body into the water. Eventually, authorities arrested a suspect who later was convicted of murder.
Another case involved a man who was accidentally ejected from a boat traveling at a high rate of speed on a Missouri lake. Apparently, he hit his head, became unconscious, and drowned, disappearing below the surface of the water. The incident occurred in the main channel of the lake, which measured over .5 mile wide and varied from 70 to 110 feet deep. A witness could not closely identify the location of the accident, hampering investigators’ attempts to locate the victim. To further complicate matters, the area had a substantial amount of underwater timber that remained from before the formation of the lake. Authorities made numerous attempts to recover the man’s body by dragging, scuba diving, and using canines—all of these methods proved unsuccessful. Five years later, the remains of a decomposed foot wearing a sock and a tennis shoe surfaced and began floating in the approximate area of the lake where the man’s body disappeared. Authorities identified the sneaker as the one worn by the victim before the accident. Decay was well advanced, and the joint at the ankle had completely rotted away, allowing the foot to float free from the body. Although most corpses come to the surface during the decomposition process, this case probably represented one of the rare instances in which a body remains entangled in some type of underwater obstruction, such as timber or brush.
Law enforcement personnel conduct a large number of drowning investigations. Some involve homicides or suicides, but most result from accidents. Drowning represents the fourth leading cause of accidental death in the United States, with between 4,000 and 5,000 incidents occurring annually.1 This number alone indicates that many police officers, in the marine environment and otherwise, will routinely investigate drowning deaths. Agencies need to ensure that their personnel remain well prepared to handle these cases when they arise.
DEATHS BY DROWNING
Definition
Drowning refers to death due to submersion in a liquid— as shallow as 6 inches in cases involving infants, the elderly, people afflicted with epilepsy, or individuals under the influence of alcohol or other drugs. Irreversible cerebral anoxia, or lowered oxygen to the brain, due to asphyxiation serves as the mechanism of death. 2
Experiments conducted in the late 1940s and early 1950s suggested that many drowning deaths resulted from electrolyte disturbances or cardiac arrhythmia produced by high volumes of water entering the circulatory system through the lungs. However, present thought considers hypoxemia, or deprivation of oxygen to the systems of the body, the most important physiological consequence of drowning. Also contrasting previously held theories, recent research suggested that the heart and kidneys can compensate for large amounts of water absorbed by the lungs. In near-drowning cases, physicians have not observed the electrolyte changes previously thought to occur. This information should not discount the possibility of cardiac irregularities due to the inundation of the circulatory system when an individual absorbs large volumes of water; this heart-related stress can contribute to death.
Experts consider some individuals who drown as victims of dry drowning. In these cases, the fatal cerebral hypoxia, or oxygen deprivation, does not result from water occluding the airway but, rather, from a spasm of the larynx. Water never enters the lungs. These instances constitute 10 to 15 percent of all drownings.
When people sink beneath the surface of the water, they initially react by holding their breath. This continues until they have to breathe, thereby involuntarily inhaling a large volume of water, which either enters the lungs (in most instances) or reaches the larynx—producing the laryngeal spasm that results in dry drowning. In both cases, this gasping for air may continue for several minutes until respiration ceases. Cerebral hypoxia will progress until it becomes irreversible and death occurs.4
The point at which a person dies depends largely on the age of the victim and the temperature of the water—if warm, somewhere between 3 and 10 minutes. Some rare situations involving submersion of children in extremely cold water (less than 40°F) have resulted in successful resuscitation with complete recovery after longer periods of time, the longest being 66 minutes. Such cases probably result from the more rapid development of hypothermia in children. Most commonly, people lose consciousness within 3 minutes of submersion. Also, recent research has indicated that the type of water inhaled, whether fresh or salt, probably has very little influence on whether the individual will survive if resuscitation is initiated.
Death by cardiac arrest, rather than by drowning, presents another possibility when individuals become suddenly and unexpectedly submersed in cold water or overexerted. Additionally, uncontrollable respiratory distress due to cold water immersion may cause the victim to inhale water, and investigators may falsely suspect drowning.
Captain Haupt serves with the Missouri State Water Patrol in Branson.

The Body in Water
The human body weighs slightly more than fresh water. Consequently, when individuals become unconscious, they sink—regardless of fat level, which slightly increases buoyancy. Generally, a drowning victim will reach the bottom of a body of water in spite of the depth, unless it meets some obstruction on the way down. As the corpse descends further, the pressure of the water tends to compress gases in the abdominal wall and chest cavities. As a result, the body displaces less water as it sinks and, consequently, becomes less buoyant the further down it goes, until it reaches the bottom.5
If a corpse does not sink, investigators should suspect another cause of death, such as heart attack. Or, perhaps, a dry drowning has occurred; in those cases, because the lungs do not contain water, the body will not descend.
Almost without exception, a corpse lying on the bottom of a lake or river eventually will surface because of the gas formed in its tissues as a result of decay and the action of internal bacteria. This results in reduced specific gravity of the body so that it rises. Witnesses to this event have described corpses breaking the surface of the water with force, like the popping of a cork.
Factors that effect the length of time for a body to surface after drowning include fat content, consumption of beverages and food preceding death, water temperature at the bottom, and depth at the location. Recent meals high in carbohydrates (e.g., candy, beer, and potato chips) nourish certain bacteria that will encourage quick refloat.6 In warm and shallow water, the gases within the body form rapidly, resulting in a possible rise to the surface within a day or two. In deep and cold water, bacterial action takes place slowly, and the corpse may not appear for several weeks.7 When the body becomes greatly distended with gas, the tendency to float increases. Many well-documented cases exist of homicide victims dumped into lakes and rivers and then later surfacing, even though perpetrators attached heavy weights to them.
In some cases, the body may remain immersed. Extremely deep, cold water conditions (e.g., natural glacier lakes, deep impoundments) may prevent a corpse from ever becoming buoyant enough to overcome the immense water pressure.
Rivers and the Effects of Currents
Rivers differ from other bodies of water in two ways— they are shallow and have currents. Depths of less than 10 feet do not have a high level of compression on the internal air spaces of drowning victims.
In extremely heavy currents, such as in flash-flood situations, the victim’s body probably will roll on the bottom for a considerable distance—trees or other debris also may carry along the corpse. During normal conditions in most rivers, this is not the case, and investigators usually will find victims on the bottom relatively close to the drowning site. However, after the body floats to the surface, it may drift due to the current before washing ashore or coming to rest in a back eddy. 8
Lakes and the Depth Factor
Victims who drown in lakes will sink to the bottom in the area below the point of submergence; authorities usually will locate the body within a radius equal to the depth of the water. However, witness error can come into play. Even when someone sees the incident, authorities may find establishing the site difficult or impossible if the victim drowned far from shore. Because of panic and anxiety, people usually do not think to mark the location where the individual went down or to note nearby landmarks, thereby eliminating triangulation as an option. Investigators find it hard to locate drowned victims in lakes unless the incident occurred near the shoreline, from an anchored boat, or at a dock secured to the shore. This problem becomes further complicated in deep and dingy water, which may eliminate any possibility of recovery attempts by scuba divers. Often, waiting for the body to float to the surface becomes the only viable option.
Lakes rarely have a current strong enough to affect a body sinking or surfacing. However, the victim likely will move after refloat, and wind can push corpses. In lakes, the effect of even slight wind movement easily can offset any current that might exist.
Often, especially in the summer months, lakes have definite thermoclines—two layers of water at different temperatures. While the surface can measure 75 to 90°F, the temperature can drop 20 to 30°F at a depth of 40 feet—this cold water will tend to retard the reflotation process.9 A myth exists that a drowning victim can become suspended on a thermocline because of the difference in water density between these two layers. However, no known case exists of this happening; in fact, internal air compression on descent and expansion on ascent make this virtually impossible. 10

© Missouri Water Patrol

CONSIDERATIONS FOR INVESTIGATORS
Investigators can look for some distinctive signs to determine cases of drowning. Officers must recognize these indicators and then articulate them to the medical examiner. Presently, no known and proven pathological test exists to determine drowning as the cause of death, so, by itself, an autopsy usually proves insufficient. Authorities can make this diagnosis only with a knowledge of the circumstances and exclusion of other causes.
Investigators need to answer several questions in apparent drowning cases. For instance, did the person drown, or did perpetrators kill the individual and dispose of the corpse in the water? Was the victim conscious upon submersion? Could the person swim well? Did the victim consume any alcohol or drugs? What was the individual doing at the time? Did anyone witness the incident? If any injuries exist on the body, were they caused before death (antemortem), at the same time (agonal), or afterwards (postmortem)? In the course of their investigation, authorities will find that a combination of external signs will provide valuable information.11
Bodily Substances
Investigators should look carefully around the victim’s head, face, and mouth for any signs of vomitus. They should make this observation first as this very transient evidence easily can wash away. Presence of vomit serves as a reliable indicator that the victim became submerged while alive.
Foam often exudes from the nose or mouth of victims of wet drownings. This froth results from a mix of mucous, air, and water during respiration. Its presence serves as an indication that the person became immersed while still breathing, although authorities do not consider it conclusive evidence that the individual drowned. Some blood resulting from the tearing of lung tissue by forceful breathing just prior to unconsciousness may exist with it. Investigators should note that decomposition can destroy the foam.12 This froth is similar to that often found on individuals who have died from acute heart failure or a drug overdose, both of which usually result in massive pulmonary edema.13
Transient in nature, this frothy foam easily can wash away during recovery operations. Sometimes, it may continue to ooze from the nose and mouth for a period of time after recovery. In other cases, no visible signs of it may exist, even in confirmed drownings. The lack of a froth cone is more typical when the victim did not fight the drowning process and gasp forcibly for air when disappearing below the surface of the water (e.g., intoxicated or unconscious individuals).
Adipocere refers to a fatty wax substance that forms on bodies either submerged in water or buried in damp conditions without oxygen and air. Its presence on a corpse recovered from water indicates that the victim probably has been there for a long time.
Lividity
Investigators normally will find postmortem lividity, or blood pooling, on the portion of the body or head lying on the bottom after drowning. For instance, a corpse that ends up face down should have this condition evident on the chest, abdomen, face, or all of those areas. Typically, lividity is most evident in the head or neck because the body normally assumes a position of head down, buttocks up, and extremities dangling downward. Blood pooling not conforming to these patterns should alert authorities to investigate further to determine if death preceded immersion.
Eyes
A drowning victim’s eyes provide a ready, easily accessible, and useful source of information relating to the cause and time of death. As this evidence also is transient in nature, investigators need to note it immediately after recovery.
If death occurred on land, a noticeable horizontal line should exist on the eyeball if, as is common, the eyelids remained partially open, thereby allowing exposure to air and its drying effects. The line, or border, between the clear and cloudy cornea—the raised, usually clear area of the eyeball covering the pupil and iris— and the white and discolored sclera—the opaque, normally white portion—will occur only in these instances.
Conversely, if the victim drowned and is submerged in water at the time of death, then the eyes will retain a lifelike, glistening appearance. No lines will be present. 14
Skin
The skin on the hands and feet of a body will have a wrinkled “washerwoman” appearance if immersed for more than 1 or 2 hours. This is called maceration and does not indicate that the deceased has drowned as it will develop whether the individual was alive or dead when entering the water. After prolonged immersion, the outer layer of skin may become completely separated from the feet and hands and come off in a glove or sock fashion. Investigators can obtain fingerprints from the intact or detached skin, which retains the same ridge pattern.
Muscles
Rigor mortis, or postmortem rigidity, results from a chemical reaction that commences at death. It usually begins to develop within 2 hours, becoming fully established in 6 to 12. Rigor mortis results from muscle rigidity, not a stiffening of the joints. Once fully established, it remains for a variable period of time and then gradually diminishes (24 to 36 hours after death). Both the onset and disappearance of rigor mortis will vary depending on water temperature. Investigators should note that cold water can retard the process.15 Also, it may be poorly formed in infants and elderly persons.
When initially recovered from the water, portions of the body—mainly hands and arms—may appear to be in full rigor mortis, even though only a short time has passed since death occurred. This phenomenon, cadaveric spasm, results from the typically violent struggling of an individual at the time of the drowning. Cadaveric spasm forms only under conditions of extreme mental stress and indicates the victim’s last thoughts and actions. It occurs virtually instantly and only in groups of voluntary muscles, unlike rigor mortis, which progresses evenly throughout the body at a steady rate. 16

Another condition, cutis anserina, or goose flesh, is a spasm of the erector pilae muscles due to rigor mortis. It does not indicate whether the person was alive or dead while entering the water.

© Missouri Water Patrol
Decomposition
Putrefaction refers to the decomposition of the body because of bacteria and fermentation. Although this process can take longer in water-submerged victims, these individuals may remain concealed longer when they become hidden in water or vegetation or lost in a large body of water; this results in correspondingly advanced postmortem changes before recovery. No time schedule for the stages of decomposition exists as differing water and climatic conditions will have a profound effect. Generally, cold and swiftly moving water preserves bodies, whereas heavy clothing and stagnant, warm water hasten decomposition.
The sequence of events remains relatively constant. Skin maceration begins, followed by progressive bloating and discoloration. The abdomen becomes greenish or purple; it also becomes distended because the body cavity fills with gas. Skin and hair detach and the tongue and eyes protrude. Features swell until authorities find victim identification difficult. Advanced stages of putrefaction can lead to mummification of the skin, especially if the body refloats, becomes exposed to the drying effects of air, and remains hidden for a long time.
Body Posture
Corpses normally exhibit a relaxed, often prone, semifetal position when discovered by divers on the bottom of a body of water. They assume this posture because of the buoyant properties of water; the natural forces exerted by the skeletal muscles, even when relaxed; and the buoyancy of the lungs, which lie nearer the back than the front. In this position, the arms and legs usually are slightly bent at the elbows and knees. The head often tilts slightly forward, and the spine curves slightly. Authorities should see this configuration upon recovery when rigor mortis is developed.
Any person who has died on land and remained in a terrestrial environment during the onset of rigor mortis will display a different posture. The head likely will be rotated to one side, a position almost never found in a drowning victim. 17
Hand and Arm Positions
Investigators often will find a drowning victim’s arms bent with the hands turned toward the face when rigor mortis has developed. In those cases, it appears that individuals tried to cover their mouths to prevent drowning. Often, they clinch their hands in a fist.
Sometimes, investigators may find objects in the hands of victims, such as grass from an embankment. If the drowning occurred in relatively shallow water, soil or gravel commonly found on the bottom may be clutched in the hands, indicating that the individual probably entered the water while conscious. 18
Injuries and Marks
Immersion of a body in water for several hours may cause leaching of blood from injuries, such as propellor cuts, lacerations, and stab wounds. Thus, an individual may have a number of what appear to be bloodless postmortem injuries, which actually are antemortem or agonal and the cause of the person’s demise. Of course, all recovered bodies need careful inspection for possible antemortem injuries. Because of the leaching effect, investigators may find detecting these wounds difficult.
Severe antemortem or agonal injuries usually will leave definite signs, such as bruising and dispersing of blood into adjoining tissues, because the heart still was pumping blood when these wounds occurred. This appearance will diminish as putrefaction progresses.
Legitimate postmortem injuries can occur to a body, especially around the head, face, knees, tops of the feet, and backs of the hands, although investigators should take care not to confuse these with defense wounds. A corpse that floats to the surface after partially decomposing is subject to currents that can repeatedly drag it across rocks and obstructions. In a very strong current, the body can travel far underwater, also causing these postmortem injuries.
In addition, marine life can cause postmortem damage to a body. It is not unusual for the lips, ears, and nose to be at least partially eaten away.
Boat propellers also can cause postmortem injuries, especially to a body that floats back to the surface at night and then gets hit by a motorboat before discovery. Investigators must differentiate postmortem propellor cuts from antemortem or agonal ones; in most instances, corpses refloat facedown, so those that occur after death nearly always will be to the back and shoulders, back of the head, or buttocks.
Medical examiners can help draw conclusions about the actual nature of wounds detected. But, investigators must provide all pertinent details.
An Online Resource
To assist investigators in conducting drowning investigations, the Missouri State Water Patrol offers an easy-to-follow resource. The Supplemental Underwater Recovery Report is available on the agency’s Web site at http://www.mswp.dps.mo.gov/ SuppRecoveryReport.pdf.
INDICATIONS IN AUTOPSIES
Over the years, experts have developed and tried a number of tests to determine conclusively whether a person drowned. All have proven unreliable on their own. No morphologic findings diagnostic of drowning exist. Although an autopsy usually is not sufficient by itself, it can exclude other possible causes of death.19
Coroners will find the lungs of the typical wet drowning victim large and bulky, completely occupying their respective cavities, with a brick red appearance and large quantities of foamy edema. White foam commonly exists in the trachea and bronchi. The stomach may contain water. There may be dilation of the right ventricle of the heart due to absorption of large quantities of water into the circulatory system.
Examiners may find swelling in the brain and hemorrhaging in the petrous or mastoid bones. Authorities also may encounter these symptoms in people who died of heart disease, abuse of substances, or other causes. Thus, the drug overdose victim dumped in a lake and the heart attack victim collapsing into the water can have the washerwoman and goose flesh appearance, pulmonary edema, and hemorrhage into the petrous and mastoid bones. This demonstrates for investigators the importance of gathering other information to assist medical examiners in determining the proper cause of death when drowning is suspected.20
Once water has flooded the lungs, osmosis may cause a portion of any alcohol in the blood to pass out of the circulatory system into the flooded alveoli. When this occurs, the possibility exists that the resultant postmortem blood alcohol analysis may measure as much as 30 percent less than before death.21
NEW TECHNOLOGY
Through a U.S. Department of Homeland Security grant obtained in the spring of 2004, the Missouri State Water Patrol received money to purchase sophisticated side-scan sonar equipment capable of finding underwater bombs, improvised explosives, and other devices that could pose a risk to bridges, dams, and other structures. Fortunately, it also can locate a human body on the bottom of a lake or river. This technology is far superior to conventional paper or liquid crystal graphs. On a computer monitor, it can paint an accurate picture of the bottom of a waterway and effectively eliminate from consideration large sections of water during a search for bombs, vehicles, planes, evidence, or bodies.
This side-scan sonar equipment has greatly improved the recovery rate of drowning victims in various Missouri waterways. It also has enhanced the efforts of the scuba divers of the Missouri State Water Patrol Underwater Recovery Team. Those personnel now can dedicate their limited air and bottom time to potential targets located by the sophisticated equipment. This technology has successfully found victims in large search areas, even in incidents without a witness or when excited individuals did not precisely note the location of the drowning. The use of the side-scan sonar has resulted in the recovery of victims that otherwise may have remained missing without refloating to the surface.
CONCLUSION
Law enforcement agencies deal with thousands of drowning investigations per year. Officers need to be aware of the unique nature of these incidents. Investigators should not assume that an autopsy will establish cause of death; they need to ascertain as much information as possible at the scene. Then, they must provide these important details to the coroner.
The investigator’s role in a drowning investigation is crucial to a medical examiner in establishing an accurate cause of death. The officer must treat a drowning like any other death investigation and help to make sure it is conducted thoroughly and professionally. Then, the investigator can have confidence in the proper determination of cause of death and, if necessary, will be prepared to pursue the investigation further.

KRISTI PIEHL

Kristi Piehl
I’m not a forensic pathologist or a medical examiner. I’m a journalist trained to ask questions and track down answers. As I’ve worked on these cases, I’ve read autopsy reports from departments around the country. I’ve seen pictures of autopsies and recoveries of bodies. What I’ve found is there is NOT a standard test to prove drowning. Unlike other causes of death, the investigators play a significant role in determining the way the victim died. In the cases that I’ve seen, the determination “accidental drowning” is frequently based on the victim being found in a body of water without significant trauma.
Even if a medical determination can be made that the victim died from drowning, there is NOT a test to prove the victim died from an accident, a suicide or a homicide. The police detectives actually work with the coroner or medical examiner to make this conclusion. If dogs don’t track the victims scent to the water and if no one watched the victim walk to the water or fall in the water, how can a medical examiner or detective determine the young man is the victim of an accidental drowning? I’ve been searching to answer this question for several years and I can not find a reasonable answer. The answers that I can find are about man power or money and the victims and their families deserve a better answer.

Kristi Piehl, an Emmy award-winning journalist, launched this site in 2009 to keep the victims’ stories alive. She believes the power of the public and the press can save lives and expose evidence. She and Trish DeAngelis, a former NY District Attorney, hope to convince law enforcement and medical examiners that these victims deserve a full and comprehensive investigation. Hector Berrellez agrees. He’s a former Federal Agent who has seen the case files. He’s convinced the victims are being killed and law enforcement should investigate.
Kristi Piehl has won many local, regional and national awards as a television reporter including two Emmys. She most recently was an Investigative Reporter at KSTP in Minneapolis. Since 1997, she’s reported for KEYC in Mankato, MN, KELO in Sioux Falls, SD, and WKEF and WDTN in Dayton, OH. She broke the story of the Smiley Face Killers on Good Morning America in 2008. In the last two years, she’s discussed the story on many local and national radio and television programs.

FBI LAW ENFORCEMENT RESEARCH FILES

DROWNING INVESTIGATION RESEARCH FROM FBI LAW ENFORCEMENT FILES

Eyes A drowning victim's eyes provide a ready, easily accessible, and useful source of information relating to the cause and time of death. As this evidence also is transient in nature, investigators need to note it immediately after recovery. If death occurred on land, a noticeable horizontal line should exist on the eyeball if, as is common the eyelids remained partially open, thereby allowing exposure to air and its drying effects. The line, or border between the clear and cloudy cornea-the raised , usually clear area of the of the eyeball covering the pupil and iris-and the white and discolored sclera--the opaque, normally white portion--will occur only in these instances. Conversely, if the victim drowned and is submerged in water at the time of death, then the eyes will retain a lifelike, glistening appearance. No lines will be present. (14)

Lividity Investigators normally will find postmortem lividity, or blood pooling, on the portion of the body or head lying on the bottom after drowning. For instance, a corpse that ends up face down should have this condition evident on the chest, abdomen, face, or all of those areas. Typically, lividity is most evident in the head or neck because the body normally assumes a position of head down, buttocks up, and extremities dangling downward. Blood pooling not conforming to these patterns should alert authorities to investigate further to determine if death preceded immersion.



Body Posture Corpses normally exhibit a relaxed, often prone, semi fetal position when discovered by divers on the bottom of a body of water. They assume this posture because of the buoyant properties of water; the natural forces exerted by the skeletal muscles, even when relaxed; and the buoyancy of the lungs, which lie nearer the back than the front. In this position, the arms and legs usually are slightly bent at the elbows and knees. The head often tilts slightly forward, and the spine curves slightly. Authorities should see this configuration upon recovery when rigor mortis is developed. Any person who has died on land and remained in a terrestrial environment during the onset of rigor mortis will display a different posture. The head likely will be rotated to one side, a position almost never found in a drowning victim. (17) Hand and Arm Positions Investigators often will find a drowning victim's arms bent with the hands turned toward the face when rigor mortis has developed. In those cases, it appears that individuals tried to cover their mouths to prevent drowning. Often, they clinch their hands in a fist. Sometimes, investigators may find objects in the hands of victims, such as grass from an embankment. If the drowning occurred in relatively shallow water, soil or gravel commonly found on the bottom may be clutched in the hands, indicating that the individual probably entered the water while conscious. (18)
Injuries and Marks Immersion of a body in water for several hours may cause leaching of blood from injuries,

U.S. DEPARTMENT OF JUSTICE ABSTRACT

NCJRS Abstract
The document referenced below is part of the NCJRS Library collection. To conduct further searches of the collection, visit the NCJRS Abstracts Database.

How to Obtain Documents

NCJ Number:
NCJ 201477
Title:
Human Remains Underwater
Journal:
Law Enforcement Technology Volume:30 Issue:7 Dated:July 2003 Pages:102-104, 106, to 108
Publisher Url*:
http://www.law-enforcement.com
Publication Date:
07/2003
Pages:
5
Type:
Issue overviews
Origin:
United States
Language:
English
Annotation:
This article discusses underwater investigations using an interview with Ret. Cpl. Robert Teather of Canada’s Royal Canadian Mounted Police and his book, “The Encyclopedia of Underwater Investigations.”
Abstract:
The article begins by describing the first observations an underwater investigator should make when a body is located in the water. It is important to photograph and study the body before removing it from the water, when possible. Divers should initially observe the area and the body before touching the body or disturbing the area. **Next, the article describes the normal body positions of drowning victims; if victims are found in other types of positions, criminal activity should not be ruled out immediately. A discussion of the types of fluids found in and around the body is also offered. The common types of abrasions found on drowning victims are described as caused by current and wave actions that move the body along rocks and other debris. The article also describes the common eye discolorations found in victims who have died in the air and those who have died underwater. By examining the eyes directly after recovering a body from underwater, investigators may detect whether the victim died on land or by drowning. Finally, the article discusses the presence of diatoms, single-celled organisms, which are found in the bone marrow of drowning victims. The article includes a textbox written by Ret. Cpl. Robert Teather on public safety divers.
Main Term(s):
Underwater recovery ; Death investigations
Index Term(s):
Forensic sciences ; Investigative techniques

To cite this abstract, use the following link: http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=201477
* A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's web site is provided. NCJRS=NATIONAL CRIMINAL JUSTICE REFERENCE SYSTEM. ADMINISTERED BY THE OFFICE OF JUSTICE PROGRAMS, U.S. DEPARTMENT OF JUSTICE
** Normal body position for drowning victims is head down, buttocks up, arms in normal position alongside the body or slightly bent at the elbows with the hands covering the mouth. Edgar was found in rigor mortis with his arms stretched straight out in front of him and no signs of a drowning struggle. His body position indicates death on dry land. The eye test was not administered and the Sheriff's office was not aware of the eye test and according to the Sheriff, neither was the District Attorney.

Autopsy Recommended

Autopsy is recommended in the following situations:
01. Death by known or suspected homicide activity
02 Death in an infant or child that is sudden and unexplained
03. Death as a result of police action, or police custody
04. Death while in the custody of a local, state, or federal institution; and is unexplained, or other than natural
05 Death due to an acute workplace injury
06. Death caused by apparent electrocution
07. Death by suspected alcohol or drug abuse, or poisoning
08. Death by unwitnessed or suspected drowning
09. Death of an unidentified person and the autopsy may aid in identification
10. Death of a body that is skeletonized
11. Death by fire or explosion
12. Death in any case the coroner determines necessary to ascertain cause and manner of death, or to collect evidence:
Examples:
A. Hit and Run deaths
B. Automobile accident victims, without obvious life-ending injuries, or to aid in determining driver, or aid in determining seating location.
C. Aircraft crash victims
D. Suspected elder abuse or neglect
E. Gunshot deaths, excluding certain suicide deaths
F. Jail deaths
G. Suspicious deaths
H. Accidents that are unwitnessed
I. Accidents where natural disease cannot be ruled out
J. Deaths of famous people or public figures
K. Unexpected or unexplainable deaths suspected to be of infectious agents
L. Apparent suicides without clear evidence of intent

DROWNING INVESTIGATOR GUIDELINES

DROWNING INVESTIGATOR
Instructions
1. Step 1
Check for lividity, or pooling of blood, in the head and neck. Drowning victims assume a position with the head downward while in the water. The level of lividity can help determine how long the body has been underwater.
2. Step 2
Note the appearance of the victim's eyes. The eyes of a person who drowned can appear glistening, almost lifelike. This fact helps determine that the victim died in the water and not beforehand, on land, and thus narrow down the time of death.
3. Step 3
Inspect the drowning victim's skin condition. A body immersed between one and two hours has a wrinkled appearance. For longer than two hours, the skin starts to separate and come off the hands and feet, almost like gloves or socks.
4. Step 4
Determine the state of rigor mortis. This process begins after about two hours, is established between 6 and 12 hours and begins to diminish between 24 and 36 hours. The state of rigor mortis helps determine how long the person has been deceased.
5. Step 5
Take into account the state of decomposition. Note that this process slows in water-immersed bodies. Also, note the position of the body; most drowning victims are found in a semi-fetal position. This can show that the person did indeed die in the water and can help establish how long the victim was submerged.

PRESS RELEASE TO TRANSYLVANIA TIMES

19 February 2010

John Lanier
Editor, Transylvania Times
37 North Broad St, Brevard, NC 28712

John,

As you know, my family has been trying to get an investigation started since 23 November, 2009 regarding my Brother Edgar’s suspicious death. The Sheriff’s previous published quotes of their theory stated that Edgar fell into the creek and drowned while trying to dislodge his stuck vehicle. If you visit the scene and see where the truck was parked you will see that is a physical impossibility to fall from the truck to the creek and end up dead face down in a small shallow stream. Also, anyone in the county who has ever had a vehicle stuck knows that you have to have at least two or more people involved if you try to dislodge a stuck vehicle. One behind the wheel and one or more pushing the vehicle.

So, it appears that the Sheriff’s office is going to stick to their theory that Edgar alone tried to dislodge his vehicle. This theory is indicative of the quality of the investigation which really only consisted of a visit to the scene. The Sheriff’s Office has stated that their conclusion of “accidental drowning” was based on the absence of gunshot or knife wounds. No K9 unit was called to the scene to substantiate their theory. No family members or neighbors were questioned. The Medical Examiner chose not to visit the scene.

The medical examiner has stated to the family that his sole source for information on his finding of accidental drowning was the Sheriff’s investigator. No medical tests were conducted and an autopsy to determine the time and date of death as well as the cause of death was considered not necessary by the medical examiner’s reliance on the Sheriff’s Investigator’s conclusion of “accidental drowning”. The only action the Medical Examiner did was draw blood for a blood alcohol test. No toxicology screen was conducted as is the norm. No medical tests were conducted to confirm the Sheriff’s investigator’s assumption of drowning.

The family did not benefit from a law enforcement investigation and a medical investigation which is the norm. In place of conducting medical tests and a medical investigation, the medical examiner chose to accept the Sheriff’s conclusions. The Sheriff’s Office calls the visit to the scene an “investigation”. The family calls the “investigation” a sham and a lack of respect to Edgar and his family.

The family quickly found the Sheriff’s Office was sticking to their original assumption despite Edgar’s pockets being turned inside out, his wallet missing, and no explainable reason for Edgar to be at the scene. The absence of gunshot and knife wounds was sufficient for the Sheriff’s Office to make a hasty determination of “accidental drowning”. According to the “investigating officer” he saw no signs of foul play.

The family contacted the Chief Medical Examiner at Chapel Hill and obtained approval for the State to conduct an autopsy at State expense. Also, the Chief Medical Examiner, Dr. John Butts has agreed to cover the cost of transport of the body to Chapel Hill.

The family has requested that the District Attorney, Jeff Hunt request an SBI investigator to perform a thorough and professional investigation using basic investigative techniques normally used in an unexplained death. According to Toby Hayes, Agent in Charge, Western District, North Carolina, all the SBI needs to get involved is the DA’s request.
Jeff Hunt has not answered the family’s request to date.

The family issues the following press release:

OWEN FAMILY PETITIONS GOVERNOR BEV PERDUE FOR INVESTIGATION INTO THE 23 NOVEMBER 2009 DEATH OF EDGAR ALLEN OWEN

On 19 FEBRUARY EDGAR ALLEN OWEN’S FAMILY MAILED A REGISTERED LETTER TO GOVERNOR BEV PERDUE ASKING HER TO INTERVENE AND ASSIGN AN INVESTIGATOR FROM THE STATE BUREAU OF INVESTIGATION (SBI) TO INVESTIGATE EDGAR’S DEATH. ALONG WITH THE LETTER TO THE GOVERNOR, THE FAMILY INCLUDED A PETITION WITH 152 SIGNATURES FROM CONCERNED CITIZENS SUPPORTING THE FAMILY’S REQUEST. THE FAMILY IS CONTINUING TO COLLECT SIGNATURES FROM CONCERNED CITIZENS AND WILL MAIL ADDITIONAL PETITIONS ON A CONTINUING BASIS.


John, if for some reason you do not wish to publish the above press release, let us know how much it would cost to purchase newspaper space to print the press release.


Thank you,

Sincerely,


Carl Owen
Brother of Edgar Allen Owen

Petition to Governor Bev Perdue for Investigation

PETITION TO GOVERNOR BEV PERDUE

REQUESTING THAT THE GOVERNOR ASSIGN AN STATE BUREAU OF INVESTIGATON (SBI) AGENT TO INVESTIGATE THE SUSPICIOUS DEATH OF EDGAR ALLEN OWEN ON
23 NOVEMBER, 2009

1. The family of Edgar Allen Owen found Edgar dead in a small shallow stream (FROZEN CREEK) below his house on 23 November 2009. He was not dressed for the cold November night and his pants pockets were turned inside out with his wallet missing. He had injuries on his head, forearms, knees and his wrists had stress marks as if he had been bound with something. His keys were found stuffed in his shirt pocket. He had no reason to be out of his house as he was settled in for the night by 7:30 p.m on the evening of 22 November.

2. The Sheriff’s investigator only visited the scene and without any questions to family members or neighbors declared Edgar’s death an “accidental drowning”. He said since he did not see any gunshot wounds or knife wounds and no red flags or foul play that it must be a drowning because he was found in water and it must be accidental because alcohol was a factor. The Medical Examiner did not do any medical tests to determine the cause of death. He simply agreed with the Sheriff’s investigator and announced that the cause of death was “accidental drowning”. Edgar’s personal effects and clothing were discarded instead of being returned to the family. The Sheriff’s theory was that Edgar fell into the creek and drowned while trying to dislodge a stuck vehicle. This is a physical impossibility. Edgar could not have fell into the creek from where his truck was parked.

3. The family contacted the medical examiner, Dr. Lefler, many times to get information on his determination of death and what he had used to support his conclusion. Dr. Lefler refused to talk with Edgar’s family members. Vonda and Jeannette Owen, Edgar’s sisters went to his office and offered to pay for an appointment to see him and they were refused a paid appointment.

4. The family has exhausted efforts to get information on Edgar’s death. The District Attorney, Jeff Hunt, has been contacted many times by family members requesting that he request an SBI investigation. He has not responded with either a yes or no. Repeated requests for copies of the 911 call(s) have been ignored.

5. The family has written to the Governor requesting that she intervene and get an SBI investigator involved.

6. We are requesting that concerned citizens sign the below petition to have the Governor intervene and assign a professional investigator to look into Edgar’s suspicious death. The family deeply appreciates any support from the community. We are and will continue to seek justice for Edgar.

THE BELOW SIGNED PETITIONERS RESPECTFULLY REQUEST THAT GOVERNOR BEV PERDUE ASSIGN AN SBI INVESTIGATOR TO INVESTIGATE THE DEATH OF EDGAR ALLEN OWEN.


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Letter to Governor Bev Perdue

Governor Bev PerdueOffice of the Governor20301 Mail Service CenterRaleigh, NC 27699-0301Phone: (919)733-4240Fax: (919)733-2120
17 February 2010

Dear Governor Perdue,

I am writing on behalf of Edgar Allen Owen’s family. Edgar is my brother. He was found dead in a small stream below his house in Transylvania County just above Rosman off highway 64 on 23 November 2009.

Edgar’s niece, Annette Hudson, called my brother Harold Owen and informed him that she saw Edgar’s truck pulled off the main road, Woodruff Road, leading to Edgar’s house.

Harold and my brother Gerald went to see if Edgar was O.K. Gerald looked around the truck and discovered Edgar’s body below the truck in a small stream (Frozen Creek). Edgar’s hands and arms were stretched out in front of him and his pants pockets were turned inside out and were down around his ankles. Harold called 911 and members of the Rosman Rescue Squad and the Transylvania Sheriff’s office responded.

The Sheriff’s office finally received word from the Medical Examiner, Dr. Charles Lefler, that he felt it was not necessary for him to visit the scene and that he was authorizing law enforcement to remove the body from the scene and transport it to Transylvania Regional Hospital in Brevard for examination.

After consulting with law enforcement, both Dr. Lefler and the Sheriff’s Office declared that Edgar’s death was a result of “accidental drowning” due to his body being found in the shallow creek. According to law enforcement, they saw no apparent signs of foul play and alcohol; they felt was a contributing factor. Dr. Lefler proceeded to draw blood from Edgar’s carotid artery for a toxicology report and sent the blood sample to the Office of Chief Medical Examiner at Chapel Hill. However, instead of ordering a full toxicology screen, as is the norm, Dr. Lefler only ordered a blood alcohol test. Dr. Lefler did not order an autopsy to determine the cause of death or notify the DA, Jeff Hunt.

When law enforcement removed Edgar’s body from the small shallow creek, they informed my brother Gerald that Edgar’s wallet was missing and that they had found Edgar’s keys stuffed in his shirt pocket. They also told Gerald that there were no apparent injuries to Edgar’s body other than a briar scratch.

Law enforcement did not question family members about Edgar’s pattern behavior. They did not question neighbors or initial reporters. They told the Transylvania Times that the initial 911 call they received was that there had been a vehicle wreck with a related fatality. There was no wreck. To date they have failed to make a copy of the 911 call or a transcript available to family members despite repeated requests.



Repeated attempts by family members to get information from the ME, Dr. Lefler
about why no autopsy was ordered to determine the cause of death and an explanation of how he concluded “accidental drowning” as the cause of death without running any medical tests went unanswered. Visits to Dr. Lefler’s office to see him resulted in family members being turned away by his staff. My sister’s Vonda and Jeannette went to the office and offered to pay for an appointment with Dr. Lefler just to be able to get some information regarding what was done to cause a determination of “accidental drowning” and were refused a paid appointment. I drafted a request for copies of Dr. Lefler’s examination notes, etc. under the North Carolina Pubic Information Law and Dr. Lefler refused to provide any information or even respond. I drafted a complaint to the North Carolina Medical Board about his actions and lack of actions and am awaiting a copy of his response to them.

Subsequent communications with Dr. John Butts, OCME resulted in Dr. Butts agreeing to perform an autopsy at State expense. I have requested that Dr. Butts authorize the exhumation costs be paid by the State and I am awaiting his reply.

The family is appalled at the way Edgar’s death was handled both by the Sheriff’s Office and the Medical Examiner. We have posted a $2500 reward for information leading to the conviction of person or person(s) responsible for Edgar’s death.

The family has contacted the District Attorney and requested that due to the local Sheriff’s office investigation only being a visit to the scene and nothing more, that he request a trained investigator from the State Bureau of Investigation. We have provided the DA copies of forensic research showing that Edgar’s arm position was consistent with him being dead prior to entering the water and inconsistent with a drowning death. Instead of communicating with Edgar’s family members and looking into our concerns he has adopted a negative attitude and refers to our requests for a professional investigation as threats to him. We have threatened no one. We only want justice for Edgar and the more time goes by, the colder the trail becomes. The DA’s perception of threats was our clearly stated intentions of going over his head if he refused to authorize an investigation into Edgar’s suspicious death.

Our request to you is the same we made to the District Attorney. Please appoint an SBI investigator to conduct a professional and thorough investigation of Edgar’s death. We are confident that a complete investigation will result in an arrest and conviction.

The facts that were ignored by the Sheriff’s Office and the Medical Examiner are:

1. Edgar was settled in for the night on 22 November 2009. My sister, Thelma visited him around 7:30 p.m. and took him a supper consisting of beef stew which he ate. He had no reason to leave his residence.
2. When Edgar’s body was found the next morning in the small shallow stream below his house with his arms stretched out in front of him, pockets turned inside out, wallet missing, stress marks around his wrists as if he were bound with something and his keys stuffed in his shirt pocket, injuries on his forearms, knees, and head, his pants down around his ankles, law enforcement saw no signs of foul play. Nor did they look for any signs of foul play. Edgar was not dressed for the cold November night. He had pants, t-shirt and an unbuttoned shirt. No coat or boots. According to the funeral home he wore loafers. The funeral home discarded his shoes and clothing without consulting the family.
3. When Edgar left his house he always took his wallet with his driver’s license. He dressed for the weather and would have been wearing warm socks, boots, a buttoned flannel shirt and a coat. He would not have gone out in the cold November night dressed as he was found. He, like the majority of men, kept his keys in his right pants pocket. The sheriff’s representative found his keys stuffed in his shirt pocket.

4. The Sheriff’s theory of the death is since Edgar was found in water, he drowned. Since alcohol was a factor, it was accidental. The ME, Dr. Lefler accepted this theory as the cause of death without running any medical tests to determine the cause of death. Edgar’s death was quickly disposed of without an investigation. Responder’s could have taken the time to look at Edgar’s eyes which would have shown that he died on land and was placed in the water if a line showed across the pupils of the eyes. An autopsy by the medical examiner is normal in an unexplained death. The sheriff’s office guess was enough for Dr. Lefler to determine the death as “accidental drowning”.

5. Repeated attempts to get information such as the 911 transcript(s) from the Sheriff’s office resulted only in promises to provide them or a copy of the 911 call(s). Nothing has been provided to date. Many, many requests for information to the ME have gone unanswered. Repeated requests to the District Attorney, Jeff Hunt to request an SBI investigator have been futile. He will not even answer whether he will or won’t request an SBI investigator. We have asked repeatedly for just a yes or no from him. His only response to our insistence is to term our concerns as threats to him because we told him we were prepared to go as far as necessary to find out what happened to Edgar.

6. My brother Gerald, who found Edgar’s body, has pictures which show head injuries which went unnoticed and undocumented by the Sheriff’s representative and the so called “examination” of Edgar’s body by the ME. Gerald contacted the Sheriff’s investigator, Bill Craig and told him he had the pictures. Craig indicated that he was very interested in seeing the pictures and he would get back with Gerald. He never did. However, when he was asked about the pictures by the head detective, Brian Kriegsman, he denied ever hearing about the pictures. To date, law enforcement has shown no interest in viewing the pictures despite the head detective and the DA being made aware of them. It seems as if the instant declaration of “accidental drowning” is going to stand despite facts pointing away from their conclusion.
7. The conflicting stories told by the initial reporter(s) the erroneous information on 911 call(s), Edgar’s arm position when found, his pockets turned inside out, his wallet missing, his pants down around his ankles, his lack of warm clothing, the unexplained reason for him being out on the cold November night raises some important questions, none of which were investigated either by law enforcement or the Medical Examiner.

8. The Sheriff’s office version of Edgar’s Death published in the Transylvania Times was as follows:

The Transylvania County Sheriff ’s Office investigated the scene and determined it appeared as if Owen’s truck became stuck alongside the creek. In the attempt to dislodge the vehicle, he allegedly fell in and drowned.

When a vehicle is stuck and someone wants to dislodge the vehicle it takes two people to do so.
One person would drive the vehicle and the other would push from the front or rear. If there was someone helping Edgar to dislodge his vehicle, what has the Sheriff’s office done to find this person and question him/her about Edgar’s death? (nothing). Now, if they intend anyone to believe that Edgar would try to push a vehicle without help, that is unworthy of belief. Also, it is a physical impossibility to fall from the truck position into the creek. This assertion by the Sheriff’s office depicts the effort and thought that they put into the so called investigation they conducted. They reached a conclusion that since he was found in the water he drowned and since alcohol was a factor they determined it was an accident. The family believes the following “red flags” should be investigated.


A shallow water drowning is rare especially in cold fall and winter months.

· The stretched out arm position of the body is not normal for drowning victims.
· Edgar’s pockets turned inside out with his wallet missing.
· Head and body injuries not given proper weight.
· Edgar’s keys found in a shirt pocket instead of his pant’s pocket.
· On the scene tests such as the “eye test” to determine death prior to submersion not conducted.
· No conclusive medical tests conducted or disclosed to back up a drowning diagnosis.
· Family members and neighbors not questioned for patterns/evidence
· Photographs showing head injuries reported to law enforcement who showed initial interest but so far has not examined the photographs.
· No questioning of known unsavory characters who hung out around Edgar trying to get part of his monthly social security check.
· Edgar’s clothing and shoes discarded.
· Edgar grew up and lived 67 years alongside the shallow creek he supposedly drowned in.
· No investigation conducted to determine why Edgar was even in the area where his body was found.

A more likely theory which fits the facts better would be:

Edgar was settled in for the night having ate and having no reason to leave his home.
Something caused him to go outside, not dressed for the cold night. A person or persons overpowered him, possibly due to an argument or an attempt to take money from him. His death was a result of injuries, suffocation, or some other reason, whether intentional or unintentional. Many deadbeats hung around Edgar’s house because he received a monthly Social Security check and he was a generous person often giving someone ten or twenty dollars to go to the store and buy him cigarettes or beer. He was an easy mark. After the perpetrators realized Edgar was dead on the ground they fled the scene only to return later in the night to make sure they had not left evidence. Upon their return, they moved Edgar’s body to the creek to stage a drowning. By this time Edgar’s body would be in full rigor mortis and his arms locked in position out in front of him. They then positioned Edgar’s truck alongside the creek to stage the scene as if Edgar’s truck was stuck and he somehow ended up in the small creek and drowned. As an afterthought, they realized Edgar would have his keys on him if he left his house. They hastily stuffed Edgar’s keys in his shirt pocket instead of his pants pocket.

This clumsily staged scene was accepted by the Sheriff’s office despite the red flags and sold to the Medical Examiner without benefit of even a cursory investigation.

However, we don’t know exactly what happened to Edgar or what the cause of death was but justice demands a professional investigation and we plead with you to use the authority of your office to make every attempt to obtain that justice. We have communicated with SBI Special Agent Toby Hayes and he informed us that the SBI could get involved with a request from the District Attorney, Jeff Hunt. We have exhausted attempts to get the DA, Jeff Hunt to get the SBI involved. We know you have the authority to dispatch an SBI agent to perform an investigation to attempt to find out what happened to our brother. He died on 23 November and we have been making requests almost non-stop for justice and assistance. We have collected quite a few no’s and numerous non-responses to our pleas. We remain hopeful and determined.

I am enclosing a recap of our efforts to obtain an investigation. The full texts are available to you if you need them. A petition of citizens within the county who are very interested in obtaining an investigation for Edgar will be sent separate cover.


Sincerely, Signature

Carl E. Owen Brother to Edgar _____________________________________________
Gerald D. Owen Brother to Edgar_____________________________________________
Vonda Harding Sister to Edgar ______________________________________________
Thelma Cantrell Sister to Edgar ______________________________________________
Charles Owen Brother to Edgar_____________________________________________
Howard Owen Brother to Edgar_____________________________________________
Harold Owen Brother to Edgar_____________________________________________
Jeannette Owen Sister to Edgar_______________________________________________
Michael D. Owen Brother to Edgar______________________________________________
Brian K. Owen Brother to Edgar______________________________________________
Vonda Crabtree Niece to Edgar_______________________________________________








Encl: Recap of Events since Edgar’s Death

My Woman My Woman My Wife

Proposed Newspaper Article

FAMILY SEEKS ANSWERS OFFERS REWARD IN MYSTERIOUS DEATH

On a cold morning, November 23rd 2009, Gerald and Harold Owen of Frozen Creek found their brother Edgar dead in a small shallow creek (Frozen Creek). Edgar Allen Owen was found face down, arms stretched out in front with his pants pockets turned inside out and his wallet missing. His house keys were discovered in his shirt pocket. Edgar’s truck was parked close to where his body was found.

Harold Owen placed a 911 call to report the finding and Rosman Rescue Squad and the Transylvania Sheriff’s Office responded. Edgar’s house keys were found in his shirt pocket. According to the Sheriff’s office the initial 911 call reported a vehicle accident with a related fatality. Harold denies making such a call. Responders found no evidence of a vehicle accident. So far despite requests the family has not received a transcript or copy of the 911 call(s).

Edgar’s body was taken to Transylvania Regional Hospital where an on-duty Medical Examiner, Dr. Charles D. Lefler of Brevard examined the body. After consulting with law enforcement personnel, Dr. Lefler announced that Edgar had died of accidental drowning. The best information that the family could obtain, despite repeated requests was that absent gunshot, knife wounds or other obvious evidence of foul play that the death was an accident. Family members were not interviewed and neighbors and initial reporters were not questioned.

The family has exhausted efforts trying to get a basis for the conclusion of drowning. An autopsy was considered not necessary by Dr. Lefler. The family repeatedly tried to reach Dr. Lefler for information regarding his determination or conclusion of accidental drowning without results. Two of Edgar’s sisters visited his office and attempted to pay for an appointment to get information and were refused an audience with Dr. Lefler. Several phone calls and emails went unanswered. A complaint was filed with the North Carolina State Medical Board regarding the doctor’s conduct. Family members just recently found that the clothing and shoes that Edgar was wearing was discarded. The family had made many inquiries trying to locate Edgar’s effects.

An official request for disclosure of public information has been filed with Dr. Lefler citing the North Carolina Public Information law with no response or acknowledgment from Dr. Lefler to date. Requests have been made to the Office of Chief Medical Examiner (Dr. John Butts) for copies of the toxicology results and for a copy of the Medical Examiner’s report. Family members were told by Sheriff representatives that unless they could come up with evidence to the contrary the death determination of “accidental” would stand. The family is considering legal action to obtain public information from Dr. Lefler.

The family rejects the finding of “accidental drowning” and points to several “red flags” they feel were ignored or not investigated by law enforcement or the Medical Examiner. Law enforcement states that they saw no “red flags”

· A shallow water drowning is rare especially in cold fall and winter months.
· The stretched out arm position of the body is not normal for drowning victims.
· Edgar’s pockets turned inside out with his wallet missing.
· Head and body injuries not given proper weight.
· Edgar’s keys found in a shirt pocket instead of his pant’s pocket.
· On the scene tests such as the “eye test” to determine death prior to submersion not conducted.
· No conclusive medical tests conducted or disclosed to back up a drowning diagnosis.
· Family members and neighbors not questioned for patterns/evidence
· Photographs showing head injuries reported to law enforcement who showed initial interest but so far has not examined the photographs.
· No questioning of known unsavory characters who hung out around Edgar trying to get part of his monthly social security check.
· Edgar’s clothing and shoes discarded.
· Edgar grew up and lived 67 years alongside the shallow creek he supposedly drowned in.
· No investigation conducted to determine why Edgar was even in the area where his body was found.

The family has contacted the State Bureau of Investigation (SBI) trying to get a professional investigation conducted. SBI responded that they could only get involved if the District Attorney requests that they do so. The family has contacted DA Jeff Hunt and requested that he request an SBI investigation. The DA has not responded whether or not he will request SBI involvement.

The family vows that they will not rest until Edgar’s death has been fully investigated and perpetrators brought to justice. They feel strongly that Edgar was robbed and placed in the creek after he was already dead. To that end they announce that they are offering a $2500 reward for information that leads to the conviction of the person or persons responsible for Edgar’s death.

$2500 Reward

$2500 REWARD FOR INFORMATION THAT LEADS TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS RESPONSIBLE FOR THE DEATH OF EDGAR ALLEN OWEN.

EDGAR WAS FOUND DEAD IN A SMALL SHALLOW CREEK BELOW HIS HOUSE ON 23 NOVEMBER 2009. HIS PANTS POCKETS WERE TURNED INSIDE OUT AND HIS WALLET WAS MISSING. HE HAD INJURIES ON HIS HEAD AND BODY. NO ACTUAL INVESTIGATION WAS HELD AND THE MEDICAL EXAMINER REFUSED TO TALK WITH FAMILY MEMBERS ABOUT THEIR CONCERNS. HIS DEATH WAS RULED AN ACCIDENTAL DROWNING BY TRANSYLVANIA SHERIFF’S DEPARTMENT.
THE FAMILY HAS REQUESTED AN SBI INVESTIGATION FROM THE DISTRICT ATTORNEY, JEFF HUNT.


HELP US FIND JUSTICE FOR OUR BROTHER EDGAR

CONTACT GERALD OWEN AT 828-877-4713

My Brother Edgar

My brother Edgar was found dead in a small, narrow, shallow creek below his house on 23 November 2009 in Transylvania County, North Carolina. His pants pockets were turned inside out, his pants were down around his knees and his wallet was missing. His house keys were stuffed in his shirt pocket instead of his pants pocket. He had injuries on his head and body. His wrists showed stress marks as if he had been bound with something.
A sheriff investigator visited the scene and assumed that since Edgar had been drinking that his death was an "accidental drowning. No basic investigative techniques were employed. My brother, Gerald, who found Edgar's body was not questioned nor were any family members or neighbors. The sheriff's representative called the on duty Medical Examiner to visit the scene. He chose not to visit the scene since the "detective" had already concluded the death as "accidental drowning".The Medical Examiner (ME) authorized removal of my brother's body from the stream and had him transported to the Transylvania Regional Hospital for an examination. The examination consisted of drawing a vial of blood from Edgar's carotid artery and sending it to Chapel Hill to the Chief Medical Examiner (OCME) along with a sketchy report stating that based on talking with the on the scene "investigator", the death was "accidental drowning". No medical tests were conducted. No autopsy was ordered as is the norm in an unexplained death. Despite repeated attempts by family members to talk with the ME, he refused to even speak with family members. Two of my sisters, Vonda and Jeannette went to the ME's office and offered to pay for an appointment and were refused a paid appointment. I sent a public records information request to the ME for information and he refused to comply with the State Public Records Law.
Every day since Edgar's death, his family has tried to get an explanation for the finding of "accidental drowning". We were recently informed that absent gunshot wounds or knife wounds and absent any signs of foul play; that they determined accidental drowning was the cause of death. Since then, I have managed to get the Chief Medical Examiner, (OCME) to agree to pay for an autopsy and transport of the body. OCME said the state would pay for the exhumation if the District Attorney found the death suspicious and got a Judge authorization. The family has pleaded with the District Attorney to do two things: Get a professional investigator assigned from the State Bureau of Investigation and to obtain authorization for exhumation. So far, he has not agreed to either of our requests.

My Brother Edgar Allen Owen