Omar Shepherd's Story
No Justice for a young man Doing Time but didn't do the crime
My son, age 16, is serving time in an adult prison. Serving
time for second degree murder that he did not commit. I hope you will be
interested in learning why this is not just another case of a mother protecting
the arbitrary innocence of her child. What has happened to Omar is a complete
failure of the justice system. Omar is a young male who had absolutely no
representation by his lawyer. The prosecution and the lawyer were clearly on
the same side. The prosecution fit the case together like a jigsaw puzzle. The
pieces did not fit but were forced into place anyway. The scene is a bleeding
homeless white man lying on the sidewalk with three young black men speeding
away in a car. The court appointed an attorney, a private attorney because the
co-defendants had public defenders. We had no money for private counsel. The
victim Thomas Flannick Jr., died of peritonitis and pneumonia caused by a
misplaced feeding tube. He was moved from
The beginning
A warrant was served at our house on
Omar's statement to detectives
The detectives told Omar that his brother had
confessed to this crime and was taking the whole blame on himself and that he
had 2 strikes and this would be his third and he was going prison for the rest
of his life. Omar afraid for his brother told the police that he was walking
home from a teenage club when a group of boys approached him. He asked them for
a cigarette and he was punched by one of them. Omar fell in the street and when
he got up he hit the first person he saw who was one of the teenagers and ran
home to get his brother and cousin. He said they come back where the boys had
jumped him and saw a person on the ground. Omar told police he got out of the
car and he kicked the man on the ground once in the head, but the man was bleeding
all over the place before Omar ever touched him. He said that Eddie came over
and jumped on the man's head, threw a cup at him and kicked him. He told them
that Khalid had stopped the car in the street and came over a few seconds later
and said lets go this man is not moving. Omar told the police that Khalid never
touched the man lying on the ground. Omar said that everyone panicked, got
scared and took off in the car. In the taped statement the detectives said over
and over you stomped this man right. Omar never said he stomped Mr. Flannick.
The truth
Omar was heading home from the teenage club and he did stop and ask the group
of boys for a cigarette and he was punched by one of them. Omar fell in the
street and got up and hit one of the boys and ran home to get his brother and
cousin. When they got back to the scene of the attack the boys were gone and
Mr. Flannick was on the ground bleeding badly. Omar and his cousin and brother
got out of the car, but did not get too close to the victim. The other boys
were gone. Omar and Khalid did not see Mr. Flannick's face, but he was covered
in blood. The boys panicked then and ran away.
Omar arrested
Omar was arrested and charged with assault because Mr. Flannick was still
alive. He was taken to the juvenile facility. Omar went to court the next day
and his arraignment was postponed because the prosecution wanted to try Omar as
an adult because he was 15 years old. Now it is no longer assault; it is now
murder because the victim died. Omar went to court several times before he was
appointed a defense attorney that was a private attorney because his
co-defendants had public defenders. Omar never signed his go day speed trial
waiver.
Omar's Attorney
When Omar first met his lawyer he was devastated by his negative attitude. He
told Omar from the first meeting, " The
prosecution has a good case against you. You are facing a lot of time because
you confessed to stomping and killing Mr. Flannick". Also he said that the
white girl in the juvenile center that everyone was talking about was his
client and she was charged with aggravated first degree murder. He knew we had
heard that Crystal, age 15, was going to stay at juvenile status and she had
just got 4 years for robbing and killing a man with a gun. "Don't think that
the same thing is going to happen for you because
Declination Hearing
Omar turned 16 years old on September 13 and his declination hearing was on
September 10th. Omar's lawyer told him that he would be brought up to adult
status because of his age. At the hearing Omar 's
statement was heard. A letter that Khalid's girlfriend, Jennifer, had written
to Omar was entered into evidence. The prosecution said the letter showed that
Omar was exhibiting adult behavior because of that letter from Jennifer. The
letter had nothing to do with the case. The letter was used against Omar. A
report by the probation dept from juvenile said that Omar should be tried as an
adult because of the severity of the crime and they believed Omar had gang
ties. They said he was violent and deserved to be declined. When asked where
the information came from that Omar had ' gang ties and that Omar was violent
the officer answered that Omar had on blue clothes and his hair was in braids
when he was brought in. The officer also said that Omar called the boys who
jumped him slobs. She
did admit that there was no proof that Omar ever had any kind of gang ties or
violent behavior anywhere in CA or WA. In the end the judge said that Omar
would be declined because he believed Omar was a very angry and violent young
man (even though the psycologist said Omar was very young mentally and very
dependent on his brother, Khalid, and that Omar had never exhibited any violent
behavior. Omar has not lived with his father since he was 3 years old and his
brother is the only father figure he has known and he did nothing without his
older brother. Omar was handed over and taken to the Piece County Jail that
night. Omar and Khalid's cases were combined and they were tried together.
Eddie had been severed from their case. He changed his story several times
saying, "I am sorry I kicked him" to "I didn't do anything. Omar
and Khalid did everything." He was no longer a co-defendant. He was the
state's star witness. He testified against Omar and Khalid.
The next day Omar was charged as an adult. On September 20th at the amnions
hearing, Judge Chuscoff says he couldn't find Omar's go day speedy trial
waiver. He asks John, "where is the waiver?" John said he was not
Omar's attorney at that time and he had nothing to do with that. The
judge told Omar he had to sign a wavier then. Khalid told Omar not to sign it.
John told the judge he couldn't represent Omar because of another trial if Omar
did not sign the waiver. At that point the judge told Omar if he didn't sign
the waiver he would be tried alone without Khalid.
Omar got really scared and signed the waiver. Omar was arrested on June 6th and
he signed his 1st go day speedy trial waiver on September 20th. That is clearly
past go days. There is no record of Omar signing a waiver as a juvenile. I
asked John about this and he told me if I was going to try and get Omar off
because of the waiver I was going to be very disappointed and that was that.
Attempts to change attorneys
The BAR and ACLU told me that Omar had to send a letter to the Office of
Assigned council asking that John be removed. Omar was scared to death to have
John as his lawyer. Omar felt that John was so negative to him. John told Omar
over and over that" you stomped Mr. Flannick" and "because you
confessed". He never said we have a tough case but I will give it all I can. It was always "don't count on anything
except a lot of time because of your confession". He did not seem
interested in Omar again. And Omar felt he did not like him and he was
not on his side. Omar sent a letter to the office of Assigned counsel and they
gave the letter to John. John went to Omar and asked why did he do that
Omar said that he felt . John did not represent him
and he had not really talked to Omar in months.
At that point John sat down with Omar and had a long meeting with him (about 2
hours and told Omar for the first time about the reports and the case). John
still does not give Omar any hope.
Attempts to remove Omar's statement
In court the prosecution said Omar made his statement without any force or
coercion Detectives said they never told Omar his brother confessed and was
going to take the blame all on himself and that he would go to jail for the
rest of his life. They said Omar was not under the influence of anything. He
gave his statement freely. Detective Davidson who booked Omar into juvenile
said Omar was not intoxicated, but the detective had forgotten he asked Omar if
he had had anything to drink or smoke within
the last 24 hours and Omar told him he had smoked marijuana before he came in
and the detective had written it down on a form he filled out. The detective
also said they never told Omar that his brother had 2 strikes because they did
not know about the 2 strikes when they questioned Omar. Omar took the stand and
was asked about that day and he said he had smoked a lot of pot prior to coming
in because he was nervous because he saw all kinds of police cars at his house.
The judge said he believed Omar was intoxicated, but not enough to impair his
judgment. He said he also believed Omar made the statement trying to help his
brother because he believed at the time that his brother had 2 strikes and this
would be his third and he would go to jail for the rest of his life. Jennifer,
Khalid's girlfriend, told the same two detectives early that morning, about
Statement is only evidence against Omar.
The prosecution offered Omar the deal to plead guilty as charged and they would
recommend he get the low end of second degree murder. Omar declined
because he did not kill Mr. Flannick.
The jury of my son's peers were 10 older white mostly men and 2 black men, (one
very old and one in his 40's I believe). Court began with witnesses that did
not see anything. The crime scene had been cleaned by the fire department
before the detectives arrived. The evidence that was at the scene was a
shattered cup with Eddie's fingerprints on it and Coroner's pictures and
statements saying what Mr. Flannick died of peritonitis and pneumonia. In the
end there was no evidence pointing to Omar except his statement. The jury never
heard Omar's taped statement. They did not know Omar was under the influence
and they did not hear that Omar believed his brother had two strikes and that
was the reason he made the statement.
The jury heard questions the prosecution asked the detectives about the taped
statement (about 7 questions). I asked John to let the jury know that there was
no blood or anything in the car. He said, "no
because the car had been cleaned." What kind of answer is that? I knew
that the car had been torn to shreds looking for evidence. Blood cannot be
washed out of a car or anything else. Mr. Flannick had been stomped and kicked
viciously, according to the prosecution. If Omar and Khalid jumped in the car
and took off then there should have been at least some blood or hair in that
car. What kind of a lawyer if he cared anything about his client, would say
that about his client? Also, Judge Brian Chuscoff ordered the jury out of the
court several times because he asked the prosecution if they could charge Omar
and Khalid with something other than second degree murder. He said that he
thought it was assault but he did not know the degree of assault. Judge
Chuschoff did not allow the cause of death to accompany the jury in their
deliberations. He allowed the date of death and let them believe that Omar and
Khalid assaulted the victim and caused his death, county in which death
occurred things like that but not anything about the actual cause of death. The
jury convicted Omar on his statement and there was no evidence to link his
brother to the crime. Khalid was found not guilty.
Sentencing
Omar was convicted on Feb 12th and his sentencing was set for March. The
prosecution asked that the sentencing be postponed because they need more time
to get something together for the hearing. Omar said no he wanted to be
sentenced in March. The day of the hearing John (Omar's attorney) told Omar he
wanted Omar to postpone the sentencing because he wanted Omar evaluated by the
same doctor that evaluated Omar as a juvenile. At first Omar said no. John said
this evaluation would help Omar .He said the doctor would testify. Omar still
said no. He said if Omar did not change his mind
he would go to the judge and ask for more time because this evaluation was good
for Omar. He said it would most likely take a good deal of time off his
sentence. The sentencing got postponed a few times until June 28 and Omar was
sentenced to 18 yrs and 4 mos.
He is now in
I have written many people and I get no response and I have written to the
Innocence Project but was told that Omar has an appeal attorney and if his
appeal is denied they may step in. . A city councilman
(since the 1980's) was the head juror and he glared at Omar (he didn't tale
notes like everyone else and his arms were folded across his chest throughout
the whole trial) the very first time he laid his eyes on him.
Please read this and help us if you can.
My name is Terri Smith, and I am the mother of Omar Shepherd and Khalid
Shepherd. I believe that my son was not represented. There was no justice for
Omar. What possible reason would a nice looking 15year old young black man jump
on and beat up a man who is 41 years old, a homeless man with a gray beard and
gray hair that looked like he was seventy? (According to the prosecution) Why
would Omar who left a teenage club where he was totally dressed up and looking
very nice for girls and hanging out with his friends head for home stop and
kill an old man? Omar made a statement to clear his brother because he believed
at the time he was questioned that his brother was on his way to prison for the
rest of his life. Omar never had a chance with the lawyer that was forced upon
him. Omar's lawyer never told the jury anything that had happened as far as why
the statement was ever made. Mr. Eddie Dixon changed his story at least 9 times
and was caught lying on the stand 17
times.
The state wanted two brothers and when they could not get both of them they
went after the one that made the mistake of trying to help his brother. The
judge totally changed. He made a complete 360 degree turn from the judge he had
been throughout the trial when it was time to sentence Omar. He was very
hostile towards Omar and said he never believed Omar for a minute. He said he
never thought Omar was jumped by anybody. He said Omar just beat this man
almost to death and went to get his brother and cousin to finish him off. He
said his opinion does not matter to anyone except him, but how could he say
that and he was the one doing the sentencing. According to him Omar is a
vicious killer and should get the maximum sentence even though the sentencing
board recommended Omar get the low end because he was a good kid and not a
vicious killer and had never been in any trouble. This was the same judge that
stopped the court at least 5 times and had the jury removed
and argued with the prosecution that this was not murder it was assault but he
could not say what degree assault. He also said during the hearing to suppress
Omar's statement that he believed Omar was under the influence of marijuana but
not enough to impair his judgment and that he believed Omar made the statement
trying to protect his brother. The doctor did not testify for Omar at the
sentencing.
One of the questions I wanted the lawyer to ask was: why would a 15year old kid
5'8" 140 lbs beat up and practically kill a very old looking man 5'7"
130 lbs leave him on the ground run 1 mile home, get his brother who is 5'
9" 180 lbs and cousin 6"1" 285 lbs to finish beating someone already
~ severely beaten and bleeding everywhere?
We have started a group, "Setting it Straight" and Khalid is trying
to tell his story. He has gone on TV with me two times and he has gone to the
papers. He is trying to get this story told because he was there and he knows
that Omar is innocent and did not touch Mr. Flannick.
© Copyright 2003 Terri Smith
Thank you for taking the time to read this paper regarding Omar.
Omar Shepherd DOC 837340 D-H3
Clallam Bay Corrections Center
1830 Eaglecrest Way
Clallam Bay, WA 98326
If anyone can help us please write me terriincalifornia@yahoo.com or call
home 206-362-1095
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