NC - Loving father or abusive parent, spouse? Tales conflict in suspicious dog-leash death

[SeesSeas]

COLLECTOR . . . his mother, the next closest relative, has renounced the appointment [as executor] and nominated Seel . . .
Girlfriend of Durham man in dog-leash death takes control of estate, demands dog
UPDATED AUGUST 02, 2018
[...]
Seel, a clinical psychologist at Duke Integrative Medicine, was appointed July 20 as collector to oversee the estate. Collectors hold assets together until a personal representative or executor is appointed.

Bishop’s two sons and ex-wife filed documents to have her removed.
[...]
In her petition, Seel states the 2003 will names three executors: Sharon Bishop, a Tampa attorney and a Florida bank.

The will prevents Sharon Bishop from being appointed as executor if she is divorced from Bill.

The Tampa attorney and the Florida bank, do not intend to serve as executor, Seel’s filing states. His two sons are minors, and his mother, the next closest relative, has renounced the appointment and nominated Seel, the documents states.
[...]
The sons’ filing points out a number of concerns, including that Seel concealed her efforts to be appointed as collector of the estate until it was finalized.

The filing also states that Seel may have enticed Bill Bishop’s mother to nominate her as collector by telling her that the estate would allow her to keep her home, which Bill Bishop owned.

Bishop had been estranged from his mother for 20 years, and she didn’t attend his funeral and has only met his sons once when they were 3 and 15 months, the sons’ filing states.
[...]

 

[SeesSeas]

https://www.nosaljeterlaw.com/probate-words/
Confusing Legal Titles in Estate Administration
In North Carolina, the statutory legal process of settling the estate of a deceased person uses a variety of legal terms to identify the person in charge of administering the estate and the authority granted to that individual. The terms “Collector,” “Executor,” “Administrator,” and “Personal Representative” all describe the person in charge of settling an estate but each term has a slightly different meaning.

Collector
The North Carolina General Statutes defines “collector”as “any person authorized to take possession, custody, or control of the personal property of the decedent.” Generally, a collector is appointed for a small estate that is being administered through the process of Collection of Property by Affidavit. A collector is not a fiduciary and is only appointed when the value of personal property of the decedent is less than $30,000.

Personal Representative
The term “personal representative” encompasses executors, administrators, and administrator CTA. The duties of each type of personal representative are the same, each individual is a fiduciary, and a typical full administration of an estate will have one of these. The duties of each position are to safeguard the estate’s property; inventory the property; submit accounts and inventories to the court as required; pay the debts and expenses of the deceased (including funeral and burial expenses, costs of last illness, and outstanding medical bills); pay any federal or state taxes; and distribute the estate to those named in the Will or, if no Will exists, to the next-of-kin. When in doubt, use “Personal Representative” since it includes the other fiduciary titles.

Executor
An executor (or “executrix” for a female) is the person(s) or entity named in the decedent’s will to manage the decedent’s affairs and settle the decedent’s estate pursuant to the terms of the decedent’s Will. Some people choose multiple executors in order to ensure the estate is handled fairly and honestly. Alternative or successor executors might also be named in the Will in the event that the first designated executor cannot, or refuses to, serve. A person named as an executor in a Will can accept or reject the position. If it is rejected, the court must appoint another representative, known as an Administrator CTA to fulfill the duties.
[...]

 

[Doghairrules]

https://www.nosaljeterlaw.com/probate-words/
Confusing Legal Titles in Estate Administration
In North Carolina, the statutory legal process of settling the estate of a deceased person uses a variety of legal terms to identify the person in charge of administering the estate and the authority granted to that individual. The terms “Collector,” “Executor,” “Administrator,” and “Personal Representative” all describe the person in charge of settling an estate but each term has a slightly different meaning.

Collector
The North Carolina General Statutes defines “collector”as “any person authorized to take possession, custody, or control of the personal property of the decedent.” Generally, a collector is appointed for a small estate that is being administered through the process of Collection of Property by Affidavit. A collector is not a fiduciary and is only appointed when the value of personal property of the decedent is less than $30,000.

Personal Representative
The term “personal representative” encompasses executors, administrators, and administrator CTA. The duties of each type of personal representative are the same, each individual is a fiduciary, and a typical full administration of an estate will have one of these. The duties of each position are to safeguard the estate’s property; inventory the property; submit accounts and inventories to the court as required; pay the debts and expenses of the deceased (including funeral and burial expenses, costs of last illness, and outstanding medical bills); pay any federal or state taxes; and distribute the estate to those named in the Will or, if no Will exists, to the next-of-kin. When in doubt, use “Personal Representative” since it includes the other fiduciary titles.

Executor
An executor (or “executrix” for a female) is the person(s) or entity named in the decedent’s will to manage the decedent’s affairs and settle the decedent’s estate pursuant to the terms of the decedent’s Will. Some people choose multiple executors in order to ensure the estate is handled fairly and honestly. Alternative or successor executors might also be named in the Will in the event that the first designated executor cannot, or refuses to, serve. A person named as an executor in a Will can accept or reject the position. If it is rejected, the court must appoint another representative, known as an Administrator CTA to fulfill the duties.
[...]

Once again I’m so confused by this case. Why in the world would they use the term collector when the estate was valued at well over $30k?

 

[otto]

!

 

[otto]

I'm curious about the legal interpretation and charges (link on page 4):

"An autopsy report states "ligature strangulation" as the cause of death, noting that led to a heart attack that deprived Bishop's brain of oxygen.

His son, Alexander Bishop, 16, was arrested last week and charged with murder in the case. He is free on $250,000 unsecured bond."​

The son allegedly partially strangled his father, but the strangulation stopped before the victim was dead. The victim did not file a police report. Some time later, the same day, the victim had a heart attack and was taken to hospital. The son is charged with murder. The man was not murdered, he died by heart attack - perhaps after a failed strangulation but not necessarily. Wasn't he alive for 2 days afterward?

Strangulation is almost always in the category of first degree murder with the argument that the person doing the strangling can change mind at any time. Since the alleged strangulation was stopped before he died, it can be argued that there was an attempted murder, but not a murder - IMHO. Death was due to natural cause of heart attack. There may have been an attempted murder, but it may have been nothing more than a heart attack in a weak man who had just leashed his dog for a walk.

I'd be looking at the ex-girlfriend. She seized control of the estate until faced with legal action, counselled the wife to get into the safe, and implicated the son with a syringe that was part of his science kit. The ex-girlfriend involved the wife and son in criminal activities, and the gold is missing.

 

[SeesSeas]

The son allegedly partially strangled his father, but the strangulation stopped before the victim was dead. The victim did not file a police report. Some time later, the same day, the victim had a heart attack and was taken to hospital. The son is charged with murder. The man was not murdered, he died by heart attack - perhaps after a failed strangulation but not necessarily. Wasn't he alive for 2 days afterward?

Re: The victim did not file a police report. Some time later, the same day, the victim had a heart attack and was taken to hospital.
The victim was found unconscious/unresponsive. IMO He would not have been able to file a police report.
I don't find a news report stating any delay in his being admitted to the hospital.
It could be that he never regained consciousness.

New report questions homicide ruling in Durham dog-leash death
Bishop was admitted to the cardiac intensive care unit at Duke University Hospital after he was found unconscious April 18, Idol said, and stayed there until his death.

Durham teen accused of killing his father released after judge sets $250K unsecured bond :: WRAL.com
Bill Bishop, 59, a prominent developer in the Tampa area, was found unconscious in his Durham home on Dover Road on April 18. He died in a local hospital two days later.

16-year-old Durham son charged in dad's 2018 murder, police say
The incident was reported as a "cardiac arrest call" just after 6 p.m. on April 18, 2018, at a home in the 3400 block of Dover Road, according to the news release.
William Leslie Bishop, 60, was found unresponsive inside the home and died a short time later at a nearby hospital.

Developer Bill Bishop created
Mr. Bishop died on Saturday morning at age 59 in Durham, N. C., . . .

 

[otto]

Doesn't that means that his son was trying to keep him alive when he called for medical help for his father?

Doesn't that fully contradict charges that he murdered his father?

 

[borndem]

Just saw this:

Son challenges search warrants in Durham dog-leash death. Could evidence be thrown out?
April 29, 2019 01:43 PM, Updated 37 minutes ago
DURHAM
The 17-year-old charged with killing his father with a dog leash a year ago wants evidence in the case thrown out, claiming the lead investigator lied to get it.

The recent court filing on behalf of Alexander Bishop says a Durham police investigator intentionally misrepresented a document to claim more than $460,000 worth of gold bars was missing.
[...]
Attorney Allyn Sharp, who represents the teen charged with killing 59-year-old developer William “Bill” Bishop, argues the gold wasn’t missing because Bill Bishop had sold it in 2016.
[...]
A separate filing seeks to suppress those and other statements made by Alexander Bishop, arguing that police prevented his mother from entering the home and seeing her son and didn’t read him his rights before asking him questions.

Read more here: Son challenges search warrants in Durham dog-leash death. Could evidence be thrown out?

 

[Doghairrules]

Just saw this:



Read more here: Son challenges search warrants in Durham dog-leash death. Could evidence be thrown out?

Geez. This case completely dropped off my radar.

And also, if any of this is true, I'm more inclined than ever to think he's being set up.

 

[borndem]

Geez. This case completely dropped off my radar.

And also, if any of this is true, I'm more inclined than ever to think he's being set up.

bbm
I agree. LE came in and had a dead or nearly dead father. There was only one other person in the house -- the young man who had called 911 with a very odd explanation of the victim's critical situation.
Hmmm, what to do? I guess I can't blame them for shaking their heads at the dog-leash story, and I guess I can't blame them for assuming the man's distress was due to the young man's actions. So, take him to headquarters and hear the whole story. No other witnesses. Hmmmm. Let's charge him.
If what this article says about some of LE's actions, then LE's case is starting to fall apart quickly.
We need more info on both sides, but right now, I'm still thinking that the young man's story is true. Exercise may have brought on trauma to the man, and he simply could have had the heart episode sooner rather than late.
And the business about the gold being sold earlier -- that needs to be investigated -- surely they can establish if the father did indeed sell it before this accident occurred.
Need more concrete evidence -- hoping it can be found.

 

[Tricia]

Geez. This case completely dropped off my radar.

And also, if any of this is true, I'm more inclined than ever to think he's being set up.

Hi Doghairrules, Yes you can post the pictures if the real estate page is a public page.

 

[Mercedes]

Geez. This case completely dropped off my radar.

And also, if any of this is true, I'm more inclined than ever to think he's being set up.

I am beginning to agree.

 

[Mercedes]

Can they tell if leash marks were postmortem. If a dog was wrapped around you because you were dead shouldn't the bruising be different than if you were strangled?

Good question, but he didn’t die until a few day’s later.

 

[Mercedes]

Just wondering - when a second autopsy is conducted by a person hired by the deceased’s family, is it expected that person’s opinion will rule in favor of what the family wants it to read? If possible.

Were there obvious strangulation marks? How did the state examiner call the death strangulation, a homicide?
The private examiner called the death, a heart attack. Why did he not use strangulation marks to make his decision?

He would not necessarily find in favor of the family if he were ethical.

 

[Mercedes]

I would like to see the emails between the father and the girlfriend saying they were broken up.

 

[gitana1]

I'm curious about the legal interpretation and charges (link on page 4):

"An autopsy report states "ligature strangulation" as the cause of death, noting that led to a heart attack that deprived Bishop's brain of oxygen.

His son, Alexander Bishop, 16, was arrested last week and charged with murder in the case. He is free on $250,000 unsecured bond."​

The son allegedly partially strangled his father, but the strangulation stopped before the victim was dead. The victim did not file a police report. Some time later, the same day, the victim had a heart attack and was taken to hospital. The son is charged with murder. The man was not murdered, he died by heart attack - perhaps after a failed strangulation but not necessarily. Wasn't he alive for 2 days afterward?

Strangulation is almost always in the category of first degree murder with the argument that the person doing the strangling can change mind at any time. Since the alleged strangulation was stopped before he died, it can be argued that there was an attempted murder, but not a murder - IMHO. Death was due to natural cause of heart attack. There may have been an attempted murder, but it may have been nothing more than a heart attack in a weak man who had just leashed his dog for a walk.

I'd be looking at the ex-girlfriend. She seized control of the estate until faced with legal action, counselled the wife to get into the safe, and implicated the son with a syringe that was part of his science kit. The ex-girlfriend involved the wife and son in criminal activities, and the gold is missing.

Wait! So now the strangulation happened a couple days before the dad was found dead? So he wasn't found dead with a leash around his neck?

 

[gitana1]

Geez. This case completely dropped off my radar.

And also, if any of this is true, I'm more inclined than ever to think he's being set up.

I've never seen this case until now. You all know me. To me the prosecution most always can be trusted.

But here? There's some doubt here.

 

[gitana1]

Good question, but he didn’t die until a few day’s later.

I just know from my crazy hyena of a dog, if I collapsed on the ground she could EASILY run around me and strangle me with the leash. She'd be frantic. And running in circles.

 

[gitana1]

Just wondering - when a second autopsy is conducted by a person hired by the deceased’s family, is it expected that person’s opinion will rule in favor of what the family wants it to read? If possible.

Were there obvious strangulation marks? How did the state examiner call the death strangulation, a homicide?
The private examiner called the death, a heart attack. Why did he not use strangulation marks to make his decision?

Didn't the state examiner say that the cause of death was homicide via a strangulation that caused a heart attack?

 

[jjenny]

Wait! So now the strangulation happened a couple days before the dad was found dead? So he wasn't found dead with a leash around his neck?

No, he was found passed out taken to the hospital and died there a couple days later.