Attorneys for the boyfriend of a St. Johns County woman whose 2010 shooting death remains controversial, said in a filing in a federal lawsuit against the lead Florida Department of Law Enforcement investigator from the case has been giving misleading testimony.
In September 2010, Michelle O’Connell was killed with a gun that was the service weapon of her boyfriend, St. Johns County Sheriff’s Deputy Jeremy Banks.
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Multiple agencies ruled the death a suicide, but her family continued to believe that is not the case.
In 2014, Banks sued Rusty Rodgers, of FDLE, in federal court, claiming Rodgers worked under a theory that Banks was to blame in O’Connell’s death.
The motion filed by Banks’ attorney Thursday claimed that Rodgers has destroyed his own credibility in the case, and asked that his defenses and pleadings be thrown out.
They are also asking for Rodgers to pay some of their attorney’s fees.
A judge will have rule on the motion.