If they had some kind of evidence that was indicative that Cheryl was dead law enforcement/prosecutors would go to court to have her declared dead. The Presumption of Death statute allows for that. I would think that they may be waiting for one year to expire, combined with what they do have, to make a better case for a judge to make such a declaration. In the absence of such evidence or at least insufficient evidence, the period of time required with no contact is 5 years before a declaration of death can occur.This case is really tough. They cannot move forward without some new big revelation coming out, the girlfriend turns on him, her body is finally found, etc. They aren't going to prosecute this without a body the way it stands now. It's never going to happen. In the few cases where it's been done, there's been a ton of other evidence: large amount of blood, murder weapon with finger prints of killer and DNA of victim. That doesn't exist here. The prosecutors would have to be fools to go forward with a weak case like this and no body. And Mat Heck is NOT a fool. He's a damn good prosecutor with over 45 years of experience as a prosecutor and he isn't going to let his office take a weak case to court just because the public wants vengeance when he knows that it's a losing case.
I've felt for a while now that they were waiting on something. I hope you're right.If they had some kind of evidence that was indicative that Cheryl was dead law enforcement/prosecutors would go to court to have her declared dead. The Presumption of Death statute allows for that. I would think that they may be waiting for one year to expire, combined with what they do have, to make a better case for a judge to make such a declaration. In the absence of such evidence or at least insufficient evidence, the period of time required with no contact is 5 years before a declaration of death can occur.
Lawriter - ORC - 2121.01 Presumption of death.
Even with doing this, I am not sure how the State will be able to prove Murder over Voluntary Manslaughter, even with a body but especially without a body. They may have evidence of such premeditation whether it be purchases, or online activity, or communications or a person that can testify, but we have no indication of that. What we do have is what appears to be activity after the fact and that, in and of itself, isn't indicative that premeditation occurred.I've felt for a while now that they were waiting on something. I hope you're right.
I am very glad we as a group are re-examining this case, there is still a thousand unanswered questions....
Like, I still have a large gray area when it comes to Cheryl’s company vehicle, on the day she went missing what was William doing to the vehicle?
How did the company vehicle get back to The Centerville Office?
Did a employee come and get it?
If so did such employee try to inquiry about the whereabouts of Cheryl when they retrieved the vehicle upon arrival at her home?
Who witnessed him messing with the vehicle?
I'm trying to figure out how to put this in a polite way because I don't mean it as rude whatsoever but what does him messing with her vehicle have to do with anything? The vehicle didn't go missing, the brakes didn't give out causing her death, the vehicle wasn't in undriveable condition when found (as far as we know), etc. Unless maybe people are suggesting he was taking off a GPS tracking device??? Now there's a road (no pun intended) I don't think we've gone down yet.
But other than that, not sure what he could have been doing to the vehicle that would also have to do with Cheryl disappearing- but I would love to hear other theories about what one has to do with the other.
Another very hot and humid day here so I decided to investigate the different locations that are important to this cas:
A) I parked in the area where Cheryl’s SUV, was located at the Kroger parking lot, trying to get a vantage point of what can and cannot be seen from there, where the suspect left her SUV was selected carefully , your pretty hidden from the shoppers at Kroger, plus this store being a very small one there’s not many shoppers that early, so the suspect felt confident, no one would pay attention, I just wished the security camera next to the computer store was made in the 21st century..
B) I travelled various routes that the suspect in the black hoodie would have walked, I wish the extra route was mentioned where the witness reported it, if the suspect went east from the store it’s all residential but a longer walk...if the suspect walked down Buckhart Rd , he had to walk past a video store and a shopping plaza, then apartment buildings to work his way to Cristy Lane.
I wish I knew which way he took to get to the school parking located behind Cheryl’s home...
C) I drove onto school grounds up to the fence line behind Cheryl’s home, there is many cameras on the school building and him hopping the fence would have been noticed in October, since school would have been in session..
D) I drove to Cheryls home, on Cristy Lane, I think the home is starting to look run down compared to the photos in October when the LE search was in progress...there was a SUV and and car in the driveway, all shades or binds were closed, I went by around 0915am, today..
I noted his neighbors outside working on either side, I wondered how friendly the neighbors are now towards William, I did note William has to drive past about 4 Cheryl strong signs nearby, he probably doesn’t see them anymore...
E) I would like to check the Montgomery County Tax Office to see if he’s current on all property and school taxes, the local paper usually posts tax liens.....trying to determine if he’s taking care of the home or just playing house...
F) I also noted there was many dumpsters located within a mile of the home with little or no security cameras.......I still believe he disposed of Cheryl in the trash , and to me I was skeptical until the story of the man from Springfield who was put in a dumpster transported to the Montgomery Solid Waste site where dumpster garbage is hydraulically compacted, he was spotted at the last moment because of his movement before he was compacted, he survived, ....so if William had wrapped Cheryl up tightly her body would have never been noticed, just my theory...
G) I am going to fat check our posting again to double check this case timeline........
Another very hot and humid day here so I decided to investigate the different locations that are important to this cas:
A) I parked in the area where Cheryl’s SUV, was located at the Kroger parking lot, trying to get a vantage point of what can and cannot be seen from there, where the suspect left her SUV was selected carefully , your pretty hidden from the shoppers at Kroger, plus this store being a very small one there’s not many shoppers that early, so the suspect felt confident, no one would pay attention, I just wished the security camera next to the computer store was made in the 21st century..
B) I travelled various routes that the suspect in the black hoodie would have walked, I wish the extra route was mentioned where the witness reported it, if the suspect went east from the store it’s all residential but a longer walk...if the suspect walked down Buckhart Rd , he had to walk past a video store and a shopping plaza, then apartment buildings to work his way to Cristy Lane.
I wish I knew which way he took to get to the school parking located behind Cheryl’s home...
C) I drove onto school grounds up to the fence line behind Cheryl’s home, there is many cameras on the school building and him hopping the fence would have been noticed in October, since school would have been in session..
D) I drove to Cheryls home, on Cristy Lane, I think the home is starting to look run down compared to the photos in October when the LE search was in progress...there was a SUV and and car in the driveway, all shades or binds were closed, I went by around 0915am, today..
I noted his neighbors outside working on either side, I wondered how friendly the neighbors are now towards William, I did note William has to drive past about 4 Cheryl strong signs nearby, he probably doesn’t see them anymore...
E) I would like to check the Montgomery County Tax Office to see if he’s current on all property and school taxes, the local paper usually posts tax liens.....trying to determine if he’s taking care of the home or just playing house...
F) I also noted there was many dumpsters located within a mile of the home with little or no security cameras.......I still believe he disposed of Cheryl in the trash , and to me I was skeptical until the story of the man from Springfield who was put in a dumpster transported to the Montgomery Solid Waste site where dumpster garbage is hydraulically compacted, he was spotted at the last moment because of his movement before he was compacted, he survived, ....so if William had wrapped Cheryl up tightly her body would have never been noticed, just my theory...
G) I am going to fat check our posting again to double check this case timeline........
In the Ohio Statute I linked it is 5 years of no contact before a person can be declared dead, unless someone can offer some evidence that the person is deceased, in Cheryl's case the only ones that can do so are law enforcement/prosecutors. Once declared dead, everything works no different than deaths with a body. As a surviving spouse, William would receive everything of Cheryl's estate unless she had a will. However, if she did have a will then it would have to provide he receive the vast majority of her estate otherwise a court would find the will invalid on its face unless he signed that he agreed to the distributions in the will.It was mentioned in another post, if the prosecution is waiting until October to go to court for a Proclamation of Death, does this mean William is entitled to her assets, the home, life insurance, or is this different, I just never heard of this before, all I remember is the wait 7 year rule to declare dead..