November 7, 2008
Dear ___________,
This letter is written on behalf of family, friends and supporters seeking justice for the shooting death of Justin Matthew Eberhart on October 19, 2008 in Portsmouth, Virginia. The local media reported that around two thirty in the morning, Justin was shot and killed following a 'domestic incident' at his home. In a local Virginia news source interview, which can be viewed online, a neighbor stated that he had never witnessed any type of violence from Justin's home and spoke of the positive relationship between Justin and his girlfriend, which he had witnessed first hand. To date, no further follow-up stories have been made available to the public even following the request of the family to do so. Justin was unarmed. The person who shot Justin has not been arrested for any crime relating to Justn's homicide. The only people interviewed by the police to date are the people directly involved in Justin's homicide. No attempt to interview neighbors has been made by law enforcement.
Tragically, Justin's parents in Georgia, WERE NOT EVEN contacted by the Portsmouth Police Department notifying them that their son had been shot and killed in his own front yard, at his home at 900 Hanover Avenue, in Portsmouth. Instead, his parents received a phone call approximately ten hours following the shooting, at about 12:30 PM, from Justin's girlfriend's mother informing them that their son was dead. As Justin's parents awaited their son's body being shipped home for proper burial, they made multiple attempts to contact Portsmouth law enforcement. Many phone messages were not returned by Portsmouth Police Department. The few successful communications with law enforcement conveyed to Justin's parents that there was very little actually being done to investigate their son's homicide. During the few successfully completed communications between the parents and law enforcement, officials were repeatedly rude and obscenely insensitive to Justin's parents. In addition, at one point,
law enforcement officials went so far as to indicate that their opinion was that 'Justin had brought this on himself' and appeared to be extremely defensive in favor of Justin's live-in girlfriend. In a sad irony, used here to validate the insensitivity and blatant lack of interest in investigating Justin's case by the Portsmouth Police Department, one of the very few returned calls from the Portsmouth PD to the family came to the family during their son's burial. Does Portsmouth PD not have internet access to view online obituaries stating the date and time of funerals for victims of open cases involving their own department?
Soon after Justin's homicide, interested citizens of Virginia began contacting Justin's parents warning them that there are well documented prior conflicts within the Portsmouth Police Department as well as stating their own personal opinions in reference to the prior legal, moral and ethical character and conduct of the Commonwealth Attorney and his office in Portsmouth. Confirming their original concerns that the investigation into their son's homicide was most probably compromised, Justin's parents enlisted assistance from both local Georgia law firms, Virginia law firms as well as licensed Georgia and Virginia Private Investigators. A documented, follow-up investigation conducted by Justin's parents has proven that the assumptions against Justin on the part of law enforcement in Portsmouth was based solely on the statements of the people directly involved in Justin's homicide rather than following an intensive investigation into their son's homicide. Law enforcement officials did not go door to door in Justin's neighborhood and interview additional legitimate witnesses. Further, officials hired by Justin's parents have proven the accusations made by Justin's girlfriend of physical violence by Justin to be totally unfounded, contrived by people directly involved in Justin's homicide. These accusations have been additionally contradicted both in written documented proof by the girlfriend's own mother as well as by witnesses, who, as of yet have not been contacted or interviewed by law enforcement, but who were privy to the dispute the night of Justin's homicide. The parents also have documented witness corroboration as to the true physical appearance of the girlfriend on the day following Justin's homicide which totally contradicts her appearance as originally quoted to them by law enforcement.
On the night of Justin's homicide, Justin called his father by cell phone and told him that he and his girlfriend were celebrating the University of Georgia Football team's victory that week. Justin said that he and his girlfriend were at the Thumper's Grill and Bar in Portsmouth, and ironically they were 'celebrating' with 'the guy who had threatened to kill him a month ago'. Justin had previously discussed this threat with his dad as well as his concerns over this threat to his life. During this phone call Justin assured his father that this evening seemed to be going quite well and reassured his dad not to be overly concerned for his (Justin's) safety. In addition, there is documentation that Justin's girlfriend corroborated the fact that the man who shot and killed Justin had indeed threatened Justin's life prior to shooting and killing Justin on October 19, 2008.
From several conflicting communications with the live-in girlfriend, the family was able to ascertain a general idea of what she said happened the night of Justin's death. Her story greatly contrasts with that of family's privately obtained witness statements from neighbors. Adding insult to injury and death, to date, law enforcement still maintains their suggestion to Justin's parents that 'they have no need to interview any of these additional witnesses other than the people directly involved in Justin's shooting'.
The girlfriend has been quoted as having said that following a verbal argument over 'four dollars' in which she asked Justin to return to her the next day, for his last drink which she had purchased for him that night, she called the couple that they had spent the evening with earlier to 'come and get her'. (Combine Justin's girlfriend's statement with the statements of eye-witnesses not involved in Justin's homicide and the following story emerges.) Justin and his girlfriend sat talking in the car in their driveway. They enter the home and talk in front of a well lighted picture window. No physical contact was witnessed. Justin then went outside to feed his dogs. The car arrived with three or four people inside, (the shooter, his wife, possibly a second female who was witnessed as being on the scene immediately after Justin's death and another male who was said to be an EMT/Firefighter). The girlfriend said she ran and got into the car and Justin saw that she was still upset and leaving. She said he approached the car and the shooter exited the car and shot 'a warning shot into the air'. She said she buried her head into her lap and covered her ears and then Justin was shot and killed. Justin was unarmed when he approached the car. He was shot once in the neck which was a fatal wound. Another shot grazed him as a glancing shot. Did the girlfriend not hear two shots which hit Justin or was the shot she has called 'a warning shot' actually not 'a warning shot' at all but a second shot intended to do harm to Justin? How many shots were indeed fired from the shooter's gun? Who were the people who arrived shortly after the shooting, in a light color PT Cruiser voicing concerns for the girlfriend? Were this female and her friend just two more people who had been allowed contact with the 'witnesses involved in Justin's homicide' as they sat supposedly isolated inside the police cruisers? How can a victim be shot twice accidentally?
Documented private witness statements reveal that multiple individuals directly involved in the homicide of Justin were actively on their cell phones for an extended period of time, prior to law enforcement or emergency help arriving as Justin lay critically injured in his front yard. Later, an additional non-involved witness was walking by a police car where these people involved had been placed by law enforcement for a period estimated in excess of two hours. A female individual inside a police car asked the passerby/neighbor to go over to another involved female individual inside a different police car and ask that person in that car for her cell phone number. (The passerby/neighbor refused to help her.) Yet, law enforcement conveniently state that all statements of those directly involved in Justin's homicide are "fairly consistent". Is it no wonder since these people directly involved in Justin's homicide obviously had ample time to 'get their stories straight' prior to law enforcement's arrival on the scene? In addition to the time afforded them to corroborate each other's stories prior to the involvement of law enforcement, after being separated by law enforcement, they were allowed to maintain on their persons their own cell phones to further their own additional communications.
There is NO documented or substantiated evidence of any prior domestic violence or abuse involving Justin. There have never been any calls documented to 911 emergency. No arrests have ever been made. Yet, obviously in defense of Justin's girlfriend, a detective from Portsmouth PD told Justin's father that Justin had a 'history of domestic violence'. From what source did this detective obtain this information? By phone, from Georgia to Virginia, the parents were told that there were obvious injuries to the girlfriend, with her having a black eye, bruised face, busted lip, contusions to the head and bruises on her legs. Yet later, in a face-to-face meeting with Justin's parents in Virginia, the detective totally altered the prior stated injuries. Why was the description of the girlfriend's injuries altered by this detective? It is apparent that this detective was simply taking the word of this live-in girlfriend and those directly involved in Justin's homicide without bothering to go to the trouble of actually thoroughly investigating Justin's homicide. Why? Is there a family connection with law enforcement and or with the Common Wealth Attorney's office with one or more of these people involved? Is there some 'political pull' involved resulting in the injustices occuring in the lack of investigation in this case?
After Justin's family buried their son, they went to Portsmouth where they hired a Virginia private investigator and recorded the prior mentioned independent witness statements from neighbors. These eye witness statements prove no physical violence was witnessed as having taken place the night of Justin's homicide nor any other time prior to Justin's homicide. Following a consult with Lawyers in Virginia the family discovered that one of the people directly involved in Justin's death had already consulted with and/or hired a lawyer. If not guilty or at the least fearful of being charged with a crime, why would one hire a defense lawyer? The family also found that until Justin's case is closed they are rendered unable to access any of his case records from Law Enforcement and from the medical examiner's office in Portsmouth, Virginia. The live-in girlfriend has moved out of Justin's home. She is erroneously telling acquaintances of Justin that his parents "kicked her out of his home". When she moved, she took with her the home computer as well as Justin's cell phone. It has also been reported that someone very close to the girlfriend has validated rumors that the girlfriend was planning to leave Justin and that it is very possible that a person she was or is involved with was one of the individuals present the night Justin was killed.
Justin Matthew Eberhart was shot and killed in his own yard. He was unarmed. He was killed by a man who had previously threatened his life. Why has no one connected in this homicide served one minute of jail time? Is there no law in the city of Portsmouth which warrants an arrest for the discharge of a firearm within the city limits? Is there no law in the state of Virginia which protects an unarmed person from being shot and killed? Does every citizen of the United States of America not deserve a thorough and complete investigation by law enforcement into a homicide at the hands of a man who has peviously threatened to kill that person?
The family and friends of Justin are appealing to the citizens of the state of Virginia, the citizens of the state of Georgia and to the media in both states as well as every other person concerned with seeking justice for Justin, to please become actively involved in making the concerns and frustrations of the family widely known. For the sake of Justin's little daughter, they request the support of each and everyone listening to this plea to please help them in their search for truth and justice in the death of their son, brother, grandson, nephew, former husband, father, friend and loved one, Justin Matthew Eberhart.
A candlelight vigil in memory of Justin Matthew Eberhart is scheduled to be held at 900 Hanover Avenue in Portsmouth, Virginia on Monday, November 17, 2008 at 6:30 PM for those who wish to show their support for Justice for Justin.
With Regards and Sincere Thanks for Your Support,
__________________________________________
Member of Concerned Citizens Seeking Justice for Justin