Connell Carroll, and the Late Danielle Blackburn and the Late Nicole Smith: Mother of Murdered White Woman Sues Negligent Florida Officials for Wrongful Death in Case with Parallels to the Murder of Eve Carson

Posted by Nicholas Stix

 

[Previously, at WEJB/NSU on Connell Carroll:

 

"Everywhere Black Connell Carroll Goes, He Leaves a Trail of Dead White Women in His Wake."]

 

A tip 'o the hate to New Nation News.

 

 

Murder victim Danielle Blackburn

 

 

Mother of slain Cape Coral woman sues over wrongful death

She attempts to hold Lee probation officers, deputies and commission accountable in death of daughter.

By Marisa Kendall

May 29, 2013

The News-Press

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Murder victim Nicole Smith

 

 

 

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·         Nicole Brown wrongful death complaint [PDF]

The 2011 killing of 22-year-old Nicole Smith could have been prevented, a lawsuit filed Tuesday alleges, if Lee County probation officers and sheriff's deputies fulfilled their legal duties.

Smith, of Cape Coral, was shot to death two years ago Wednesday by ex-boyfriend Connell Carroll, who was charged with second-degree murder. In a wrongful death lawsuit filed in Lee County circuit court, Smith's mother, Ann Seaburg, accuses the sheriff's office, probation department, Lee County Board of County Commissioners and two probation employees of negligence that contributed to Smith's death.

"She thought that the police were going to protect her," Seaburg said. "And that didn't happen."

Carroll had a prior history of domestic violence and had abused another girlfriend, Danielle Blackburn, who got a restraining order against him in 2006. He violated the order twice over a three-year period, according to Seaburg's lawsuit. Blackburn was murdered in 2009. Carroll was the lead suspect but was never charged.

 

Suspected killer Connell Carroll, Lee County Sheriff's Office Mug Shot, November 4, 2004

State statute mandates domestic violence offenders, such as Carroll, take 24 weekly batterer's intervention classes. Carroll's probation required him to take the classes, but the probation office did not enforce that requirement and Carroll never took the classes, according to the lawsuit. The probation office also failed to tell the court Carroll did not complete that requirement, which resulted in him going free in February 2010 after serving his 330-day sentence for probation violation.

"A known batterer with a long record of domestic violence, who the probation office knew was a danger to more women," Lance Block, a Tallahassee attorney representing Seaburg, said.

Smith might still be alive if Carroll had completed batterer's intervention, Block said.

An internal review found probation officers could have better documented Carroll's failure to follow probation orders and could have been more diligent in enforcing court-ordered conditions such as batterer's education. But both probation officers involved were exonerated.

The lawsuit also alleges the Lee County Sheriff's Office dropped the ball in its efforts to protect Smith. Carroll beat and held her against her will multiple times, sending her to a hospital emergency room on one occasion, according to the lawsuit.

The court granted Smith a restraining order against Carroll in July 2010. But at the time of Smith's murder on May 29, 2011, the sheriff's office had not served Carroll with the order, according to the lawsuit. That means the restraining order was not valid.

 

Suspected killer Connell Carroll, Lee County Sheriff's Office Mug Shot, May 31, 2011. He cut off his dredlocks, for help fleeing the police. And that I can say.

 

"Their excuse was they couldn't find him," Block said. "But Nicole and her sisters on countless occasions gave the sheriff's office phone numbers that he was calling her from and the names of family members where he was staying."

The lawsuit asks for more than $15,000 to compensate for medical and funeral expenses related to Smith's death, Seaburg's pain and suffering, and the pain and suffering of 2-year-old Jaleah Smith, Nicole Smith's daughter.

"It feels really good that we're going to get some accountability and some justice for Nicole," said Seaburg, who had to leave work early because she couldn't concentrate Wednesday, the two-year anniversary of her daughter's death.

The Lee County probation department cannot comment on pending litigation, said court spokeswoman Sheila Mann. Neither can the Lee County Sheriff's Office. The sheriff's office has not commented to The News-Press since February 2012, per Sheriff Mike Scott's policy.

Another family

Don Blackburn, Danielle Blackburn's father, said he's glad someone is holding the probation officers and deputies accountable.

"If the court system doesn't address this," Blackburn, 62, of Fort Myers, said, "It's the same thing. Other women can die from it."

Carroll may go to trial for Smith's killing as soon as the second half of August, according to Samantha Syoen, spokeswoman for the state attorney's office. His case will be called before a judge at 9 a.m. Aug. 19, at which point the judge will decide whether to begin the trial in the following three weeks.