Found Deceased KY - James 'Mike' Kimsey, 48, Louisville, 29 May 2015

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Wonder which group of detectives it went to each time? I would assume MP unit initially, but maybe not. If the original "report" of him as a missing person went to a beat cop, especially if there was a statement leading them to believe he had a mental illness, the case might well have been not escalated until 3 weeks later when it would go to the MP team. Who would then do a search and be seen. IF THAT scenario were true, it certainly calls into question the veracity of the person making the report, as well as their motivation for being deliberately deceitful and misleading.
 
i have never heard of any context in which HIPAA would prevent LE from conducting searches.

I am no expert but HIPAA pertains to medical information only.

The Privacy Rule

The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.

http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrule/

(Intended to reply to Rocky...sorry!)
 
Question regarding HIPAA!!! Does HIPAA prevent police officers from searching a home or premises in the case of a missing person? Does HIPAA prevent a police officer from even asking someone if their home can be searched??? For those of you who know this law well, this is very important, and we are searching for answers right now.

I am not sure why this keeps being brought up. LE know how to deal with HIPAA, unless you are suggesting they do not. Standard HIPAA rules do not apply when someone is missing. LE can submit a court order for the records. Here is one document that shows this. When someone is missing, the medical records are not hidden aware as secret. I don't understand how HIPAA would have anything to do with searching a house. Again, LE can search anywhere as long as they have probable cause and therefore a search warrant if the people don't give consent.

http://www.hhs.gov/ocr/privacy/hipa...ergency/final_hipaa_guide_law_enforcement.pdf
 
Ok, here's the issue I have with foul play...

It appears the consensus among those who know MK is that...

A. MK was a wonderful person, strong upstanding character, whom everyone loved, even his ex-wife, not an enemy in the world,

But...

B. Apparently there was indeed an enemy or two who disappeared him.

If B is true, then maybe A is overstated a tad?

If A is true, than B is not likely and I'm back to him fighting inner demons.

If A is overstated, than maybe there is an avenue for investigation that hasn't yet been discussed.

Thoughts?

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Usually when someone commits suicide, they don't hide to do so. They want to be found. Particularly if a person has a child the last thing they would want is for the child to wonder what happened to them for the rest of their life. They also wouldn't want the child to think they just left and wonder why.
Does anybody really think he is going to walk barefoot somewhere hidden and commit suicide? The houses in that neighborhood are right on top of each other. Surely somebody would have noticed him particularly if he was barefoot because it would be so strange.
 
Ok, here's the issue I have with foul play...

It appears the consensus among those who know MK is that...

A. MK was a wonderful person, strong upstanding character, whom everyone loved, even his ex-wife, not an enemy in the world,

But...

B. Apparently there was indeed an enemy or two who disappeared him.

If B is true, then maybe A is overstated a tad?

If A is true, than B is not likely and I'm back to him fighting inner demons.

If A is overstated, than maybe there is an avenue for investigation that hasn't yet been discussed.

Thoughts?

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There's also one more possibility if foul play was involved. Not by an "enemy" but by a person or more than one person who simply wanted him out of the way.
 
Usually when someone commits suicide, they don't hide to do so. They want to be found. Particularly if a person has a child the last thing they would want is for the child to wonder what happened to them for the rest of their life. They also wouldn't want the child to think they just left and wonder why.
Does anybody really think he is going to walk barefoot somewhere hidden and commit suicide? The houses in that neighborhood are right on top of each other. Surely somebody would have noticed him particularly if he was barefoot because it would be so strange.

BBM

Actually there have been several instances of people who have gone to hidden locations to commit suicide since I came to WS about a year ago. I know some of the posters who have been here far longer than I and have a better memory who can give you more instances suicides.I do remember one though and that's Jennifer Huston. I believe she lived in WA state. She left her husband and kids at home saying she was going to the store. She went by the pharmacy and picked up a snack and OTH sleep meds and drove down a very secluded road and hung herself.

Like I said there have been others that I don't recall but others can.

JMO
 
Usually when someone commits suicide, they don't hide to do so. They want to be found. Particularly if a person has a child the last thing they would want is for the child to wonder what happened to them for the rest of their life. They also wouldn't want the child to think they just left and wonder why.
Does anybody really think he is going to walk barefoot somewhere hidden and commit suicide? The houses in that neighborhood are right on top of each other. Surely somebody would have noticed him particularly if he was barefoot because it would be so strange.

Is it definite that he was barefoot? Link?

There are many suicide cases on this site where the body was not found for some time. I can post some links if you would like, although a few have already been mentioned. It appears some people intent on suicide want to be far enough away, or hidden enough, that they won't be found in time to be saved.

Still in the 60/40 range...

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BBM

Actually there have been several instances of people who have gone to hidden locations to commit suicide since I came to WS about a year ago. I know some of the posters who have been here far longer than I and have a better memory who can give you more instances suicides.I do remember one though and that's Jennifer Huston. I believe she lived in WA state. She left her husband and kids at home saying she was going to the store. She went by the pharmacy and picked up a snack and OTH sleep meds and drove down a very secluded road and hung herself.

Like I said there have been others that I don't recall but others can.

JMO

Leanne Bearden... Tom Sponseller...

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Usually when someone commits suicide, they don't hide to do so. They want to be found. Particularly if a person has a child the last thing they would want is for the child to wonder what happened to them for the rest of their life. They also wouldn't want the child to think they just left and wonder why.
Does anybody really think he is going to walk barefoot somewhere hidden and commit suicide? The houses in that neighborhood are right on top of each other. Surely somebody would have noticed him particularly if he was barefoot because it would be so strange.

I don't know what the percentages are, but I know I've followed several missing cases on here and it turned out the person had gone off to commit suicide. I can think of five off the top of my head but I don't remember all their names.

There's not always a lot of logic in these cases. In fact I read about one today and the man had stopped to fill his truck up with gas before later pulling over and shooting himself. Someone who is suicidal isn't always rational so what might make sense from the outside doesn't necessarily apply.

JMO.
 
There's also one more possibility if foul play was involved. Not by an "enemy" but by a person or more than one person who simply wanted him out of the way.

That would fall under B being true and A being overstated.

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HIPAA does nothing to prevent LE from doing their job, nor does it protect someone from reasonable search and seizure.
 
Please expand on this. What exactly are the "extremely obvious clues"?

It's all right here in this thread, save one rumor that I can't post, because it's a rumor. But even without that, I'd still come to the same conclusion with just the information presented in this thread. I'm being vague because of repeated warnings from the mods about pointing fingers.
 
As an individual who works professionally in social areas, I do hold to the theory that foul play may be involved; however, as much as I hate to speak of this because I'm aware family may read my opinion, it would not be in the best interest to dismiss other theories that are quite likely as well.

I have read that mike was a career military man (I believe pilot US Airforce) prior to his employment with the airline. With that being said, and with a long family history of military men, I'm familiar with the rigors and discipline that military personnel often live with during their career. Most military men are quite adept at internalizing their emotional pain and problems except to a few very close people, and sometimes no one. In general, men in our society, especially those in the middle-age and elder age range have often been taught through socially handed down traditions that it's not acceptable for males to show weakness, but remain strong at all times. And although anyone, despite gender, has every right and can feel a range of emotions, sometimes they feel that they cannot share their feelings.

In society, mental health has much stigma associated with it, there's a "mark of shame" that often is associated with it - disgrace, non understanding, and/or disapproval by Friends, family, neighbors, employers, and coworkers leave someone experiencing feelings of depression with isolation or rejection. Sometimes people who suffer from any mental disorder are denied basic liberties like partaking in family events, normal society networks, productive employment, and this is especially true for a pilot.

IF Mike was feeling like his life was unraveling due to his relationship issues (embarrassment by people finding out about wife's transgressions, losing one half of his assets, upcoming legal and financial issues etc), he certainly could NOT talk to his employer about it, and even if he went to a private doctor to seek help he could not take an antidepressant or med for anxiety as he's drug tested frequently and he'd lose his job, career, financial stability, and a hugely defining part of the essence of who he was. Sadly, nearly any other profession can seek mental health assistance without fear of losing this, but nit a pilot. And a career military professional with a current career pilot status would have much issue with ego seeking help for mental illness. In the profession of pilots, there's a name for this, it's called the "mental health hidden burden" (can't get help nor take mess or lose job). Source: http://pix11.com video interview posted 3/31/2015.

I've read that it's been reported Mike went about his usual business on the days prior to being reported missing, but it is not uncommon at all for a person who is suicidal to act in this very same manner, especially if they feel that society expects this of them. It's often viewed that there are two types of people with suicides - those who are grasping for help and those who intend that follow through. Those who are grasping for help will declare to others they want to die, will make it known to someone, will act differently in ways, it's their way of begging for help. But those who have resolved to follow through do NOT tell other people, they often keep all depression hidden, let no one in on their agenda because they don't want anyone to stop their plans. People who've successfully committed suicide have been reported to go their favorite stores, places, carry out very extra normal routines immediately prior to the act. Some have been known to convey messages in letters, social media, and texts that it's a wonderful day (bc their perception is they know today is the day their suffering will end).

Was Mike depressed? I don't know, perhaps no one knows. We don't know IF he left in shoes. As I've stated before, I couldn't tell you what shoes my husband has on at any given moment most days (as most men of Mikes age and my hubby's age coincidentally), and similar social economic status have several pairs of shoes. And like his wife I have a similar aged child in the home and am often pre occupied with keeping up with the child's clothes, shoes, school items, toys, etc and therefore hubby's shoe collection and count isn't of high priority to me. It's quite likely that Mike had on shoes when he left that house (be it alone or unwillingly), and he did take his wallet and cellphone. Yes they've stated no use of credit cards but did he have cash? Again, he was a man with financial means, and it's likely his wallet or within his home he had a bit of cash tucked away for a cash emergency, especially if he had any suicidal forethought.

Mike was a pilot, previously I've read that those who work for airlines get free "extra seats" on flights - I'm assuming that the police surely has looked into this out of Louisvilles airport. Maybe they don't issue a standard ticket but he'd be listed on a travel manifest in the event the flight went down etc I would presume. He may have chosen an alternate location for a suicide, other than his town. In recent years it's not been uncommon for people to select venues away from their home area to end their life. Although there's only speculation as to why they chose this method, some are: anonymity (to spare family burden of knowing that they have killed themselves in attempt to protect family from knowledge/grief), protect family from discovering the body, protect family from associating an area or place with the suicide in the future, etc.). Since Mikes body hasn't been found locally, it is a possibility that he used cash to travel by taxi, bus, rail, etc to another city and committed suicide anonymously. It's not that much of a stretch to believe that if a person felt socially unable to disclose despair while living (the weakness or "less than" effect of not being able to handle life's problems) that he may want to disguise his actions in death for vanity reasons or to protect others.

Some facts on suicide: (2014 stats used)....
In the USA, 41,149 people committed suicide.
Of those, 32,055 were men.
Men are nearly 4 times as likely to successfully commit suicide as women.
37,154 that committed suicide were white.... NINE out of TEN are WHITE of those that committed suicide.
15,756 were middle aged - aged 45-64 - nearly ONE-HALF were MIDDLE AGED.

So Mike is in the HIGHEST gender, the HIGHEST race, the HIGHEST age category. It does NOT mean he has committed suicide, but if I were LE or family, I certainly would be putting high regard to the possibility that he may have went elsewhere and this may be why. I'd be looking into any unidentified bodies since he's been missing that fits his profile.

In the U.S., ONE person every 12.8 minutes dies from suicide, it's the 10th leading cause of death (homicide I'd 16th)

Suicide: risk factors (that Mike meets) - WHITE, MALE, MIDDLE AGED, FREE MOBILITY (means and ability to move about to commit the act). STRESSORS (that Mike may/may not have felt) - out of work (due to current health situation), job stress (unable to return to work due to current physical condition, unable to seek mental health assistance due to pilot status), marriage/relationship stress (alleged problems with wife and extramarital affair, possible separation, divorce, child custody). And ACUTE RISK FACTORS that Mike may/may not have felt: recent or anticipating a marital separation or divorce (alleged), feelings of being a victim or feelings of rage (possible if alleged infidelity was actually uncovered by Mike), psychological pain and/or acute distress possibly resulting in feelings of loss, rejection, and defeat (loss of marriage/family unit, rejected by wife, defeated by the boyfriend), feelings of anger (from wife's alleged actions), rage, seeking revenge, withdrawn (possibly without showing this outwardly but internalizing his emotion), hopelessness - seeing things in black/white instead of gray, having few reasons to want to continue to live (may have felt like he was losing wife and son as he was a pilot and his career would inhibit his chances of having full custody of son, thus wife would get child and he had nothing worth living for), sense of no purpose, life has lost meaning, no reason for living (not a far stretch for anyone who's anticipating a divorce and possible loss of child in life), negative or mixed emotions toward receiving mental health help (military mentality of "being strong" and fear of losing his career if he was to seek help, social views regarding men being weak and showing weakness, requesting help. Any real or anticipated event causing or threatening shame, guilt, despair, humiliation, loss of face, or status (DIVORCE/infidelity), legal problems (divorce, child custody), financial problems (divorce), feeling rejected (divorce), abandoned.


Source: http://suicidology.org (statistics) and general information is my opinion/theory of possibility ONLY as a consideration as alternate idea, taken from my years of professional experience working in social science career and my education/continuing education.




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Ky - you convinced me.

Thank you, TeaTime. I may have a very wrong hypothesis, but it seems more likely to me than foul play. In general men are much more likely to commit a murder than a female. Although it has been discussed on this board that perhaps a boyfriend or extended family member of the wife assisted in a homicide it still is, IMO And statically, more unlikely than suicide.

Women involved in a homicidal plot kill for specific reasons usually, including: those closest to them (yes like a husband) BUT women are rarely perpetrators or involved in plots of homicide (only 10% of homicides involve a female), it's almost NEVER violent if carried out by a female (usually by a method such as poisoning, suffocation, etc) rather than guns, knifes, etc.

In general, motives of females are usually unplanned killings (heat of the moment, act of emotion); therefore making a planned killing utilizing a lover or family member much less likely., not to mention running the risk of other people knowing what is about to happen/has happened and of the wife's involvement. most female murders are in self defense (real or perceived) not in offense. Usually, killing is a "last resort" for women, used as a defense measure.

Stats -- REASONS WOMEN KILL: In fits of rage, women most often kill husbands because of: 1/3 were relationship issues (jealousy, infidelity) , 1/3 were money ( financial gain like life insurance payout), 1/5 were self defense (domestic abuse), and very small percentages were for revenge, anger, mental issues, gaining custody/protecting children, or other.

In this scenario it is possible to assume that the alleged infidelity took place, therefore considering the female did commit a homicide, what would she gain? Possibly life insurance payout (but don't you need a body for that to happen quickly?). The wife would clearly have been better off to file for divorce, receive child support and spousal maintenance. SHE wasn't jealous and he wasn't alleged to be cheating (so rule out), he has no history of abuse toward her, or the child, or aggression toward anyone, so self defense is unlikely, Mikes character appears to be a man who would walk away rather than hit a woman (his career and integrity were too important to him). And there's revenge/anger, yes these are possible, but Mike would be the appropriate person to be angry and revengeful as he had by far the most to lose and the wife had everything to gain.

It seems to me that if you're married to a financially well-off pilot who's about to go back to work for extended time away from home, as a wife with a boyfriend it's easier to just let the moment pass, get him back to work so you can get the money, the house to yourself, and plan your divorce and your future. I don't think there was a huge chance of Mike getting total custody of the child. He was away from home for work while she was always there. They may have received joint custody but she wouldn't have lost custody unless Mike could prove she was abusing or neglecting the child (her extra marital actions do not effect custody) only her parental fitness.

So no body, no life insurance payout anytime soon. Right now, she doesn't have a paycheck to even pay for a Happy Meal for her son. What would be her motive? Why would a lover seek revenge? Mike was allegedly returning to work as a pilot very soon, therefore a lover would have the wife all to himself in no time. If he wanted to get rid of Mike it would have been more likely to do it a year prior when he was under foot and around the wife all the time (assuming the bf was jealous). To me there's little logic to an assisted kill by bc or even family. In a very short period of time wife was going to probably end up with ongoing income from Mikes nice job, the child at least one half of the time, one half of the marital property, maybe the house, and her new boyfriend as well. Killing Mike, by her, family or lover, would have no value for her that I can determine.


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