Abnerd Joseph: Selected Public Records: Police Report and Toxicology

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 Witness F "[decedent] then rushed toward [Witness A] and began to strike him about the head and body. [Witness A] tried to fend off the attack and began to retreat. At some point, [Witness A] ended up behind [Witness F] and [decedent] then struck [Witness F] one time in the face causing him to fall to the ground. [Witness F] believed he was 'knocked out' for a bit of time."

"[Witness A] stated to ASA GALLAGHER that, '[shooter] saved a lot of lives'."

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

Witness A "stated the male Black 'punched the shooter, and the shooter fired four to five shots'"

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

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

"W/D [Reporting Detective] spoke with the Cook County States Attorney's Office Assistant States Attorney... and presented the facts of this case. After reviewing the facts of this investigation, ASA... Rejected Charges for First Degree Murder at 1354 hours. W/D [Reporting Detective] 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."

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 gamemanship 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 sought treatment. There were also multiple messages with the decedent’s friends and employer about him seeking medical 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."