Abnerd Joseph: Toxicology, Police Report, and Bodycam videos: Selected Public Records

Excerpts

"toxicology results [for Abnerd Joseph] revealed the following substances: 11-Hydroxy Delta-9 THC, Amphetamine (Adderall etc), Benzoylecgonine (cocaine derivative), Delta-9 Carboxy THC, and Delta-9 THC."

According to Andy Clement "JOSEPH then rushed toward Jonah and began to strike him about the head and body. Jonah tried to fend off the attack and began to retreat. At some point, Jonah ended up behind Andy and JOSEPH then struck Andy one time in the face causing him to fall to the ground. Andy believed he was "knocked out" for a bit of time."

"NENA stated to ASA [Assistant State's Attorney - prosecutor] GALLAGHER that, 'Garrett saved a lot of lives'."

"SCHOTT related to responding officers that he heard a disturbance through the door and heard someone say, 'I will shoot.'"

"NENA stated the male Black 'punched the shooter, and the shooter fired four to five shots'."

"John BISHOP related he and his wife Natalie were headed to dinner and pressed the elevator button to leave the 48th floor. John BISHOP said the elevator door opened and a male Black in a blue robe starting yelling 'Fucking white crackers'." ... "BISHOP stated, 'the guy was pissed, angry out of his mind' when he referenced the demeanor of the male Black"

"BENT said prior to the shooting he received a phone call from Casey, a fraternity brother at Florida State University, to inform BENT as to JOSEPH's mental state, Casey stated, 'something was wrong with him, and he is not okay'. BENT received the call from Casey requesting BENT conduct a well-being check because he had a close relationship with 'Nerd' and BENT was local to JOSEPH. BENT described his fear that JOSEPH may 'jump from the building'..."

"R/D [reporting Detective] spoke with the Cook County States Attorney's Office Assistant States Attorney Jennifer McCarty and presented the facts of this case. After reviewing the facts of this investigation, ASA McCarty Rejected Charges for First Degree Murder at 1354 hours. R/D requests this case be placed into an Exceptionally Clear Closed (Other Exceptional) Bar to Prosecute status."

Summary

This defamation lawsuit states that Defendants Delbert "Jay" Charles, individually and as Independent Administrator of the Estate of Abnerd Joseph, Bryan Bien-Aime, Asheley Joseph, Jenna Joseph Kelly, Nick Joseph, and the individual(s) that operate the @justice4abnerd social media accounts, made slanderous and extrajudicial statements regarding the death of Abnerd Joseph, attempting to influence public opinion, criminal proceedings, and civil proceedings.

Excerpts

"On or about September 14, 2023 in Cook County, Illinois, Plaintiff's/Counter- Defendant's decedent, ABNERD JOSEPH, was involved in a discussion with multiple witnesses in which ABNERD JOSEPH, physically punched Defendant/Counter-Plaintiff, ANDREW CLEMENT (hereinafter “Defendant Clement”) which constituted a harmful and offensive contact without consent.

Shortly after ABNERD JOSEPH physically punched Defendant Clement, Defendant Clement lost consciousness and fell to the ground."

Excerpts

"Joseph suddenly and violently attacked Nena without provocation.

At that time and place, Joseph intentionally made physical contact with Nena’s body by striking Nena twice with his right fist.

Thereafter, Joseph intentionally attempted to punch Nena with his left fist but did not make physical contact with Nena’s body.

After Joseph failed to strike Nena with his third punch, Nena attempted to move away from Joseph.

After Joesph attacked Nena, Nena witnessed Joseph attack other individuals involved in the discussion on the 48th Floor in a violent, aggressive manner."

Excerpts

"Joseph’s brother, Delbert Charles, admitted during his deposition that he took Joseph’s phone when he gained access to Joseph’s unit on September 18, 2023, and 'accessed his phone' after getting the passcode from a friend, Jareth Bent...."

"Plaintiff owed a duty of care to preserve any and all items and electronic devices present in Joseph’s unit as it was reasonably foreseeable that those items and electronic devices, in their then-present condition, would be material evidence in a potential civil action...."

"In breach and in violation of the duty, upon information and belief, Plaintiff: a. Permitted Joseph’s iPhone to be removed from Joseph’s unit; b. Permitted Joseph’s iPhone to be accessed and used by Joseph’s family members;"

Summary

Garrett Smith states through his attorneys that Plaintiff's allegations are "made from whole cloth -- and is wholly at odds with the record of evidence."

Summary

Natalie and Robert Bishopp, through their attorneys, ask the Court for sanctions against Plaintiff for employing "tactical gamesmanship to prevent fair and open discovery," for failing to disclose the numerous other medical facilities at which Abnerd Joseph sought medical treatment in the months leading to his death.

"Through their review of the data [Abnerd Joseph's cell phone], counsel for the Bishopps has identified numerous other facilities at which Plaintiff [Abnerd Joseph] sought treatment. There were also multiple messages with the decedent’s friends and employer about him seeking mental health treatment. Despite this, Plaintiff failed to disclose these facilities which were readily discoverable to Plaintiff."

"... a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client."