Abnerd Joseph: Other Public Filings

Excerpt

"Positive Findings: Amphetamine, Benzoylecgonine, 11-Hydroxy Delta-9 THC, Delta-9 Carboxy THC, Delta-9 THC"

Summary

Diego Enrique De La Cruz testifies that one of Joseph's brothers, either Delbert "Jay" Charles, of Ellenwood, Georgia, or Bryan Bien-Aime of Tampa, Florida threatened violence:

"When I was sitting at the front desk, the brothers continued with the loud discussion... and then towards the end of the frustrating chants, one of the brothers stated, I'm going to shoot up this place."

Excerpts

Q: Okay. In your professional opinion, did the evidence support a finding of self defense by Garrett Smith?
A. Yes.
Q. Did you find any facts or evidence that in your view would undermine a self defense claim by Smith?
A. No.
Q. Did you find any evidence to suggest there was any kind of criminal conspiracy involving Nena, Clement, the Bishopps and Smith?
A. No.

Excerpts

Q. Are you aware of Abnerd ever using cocaine before?
A. Yes.
...
Q. So what did he say? What was the conversation?
A. He was talking to me about a drug called K2.
Q. Say it again.
A. He was speaking to me about a designer drug called K2.
Q. K, as in king?
A. Yep, as in king. And he was telling me how it was similar to cocaine, but it was like a diet version.
...
Q. What do they trigger?
A. I have seen him use THC.
Q. Okay. So you said that you were at several parties that he would throw at his apartment. Was there drug use at those parties?
A. Yes, including alcohol for sure. There was, you know, shots being taken, things like that.
...
A. I texted Casey some -- well, at that point, I was worried because I don't feel like you should have conversations about your life in such a reflective manner unless you're approaching the end. I've had the pleasure to have elders that I spoke to and I could hear how they were talking in their last days, and it sounded like that, Mr. King. Truly. So I texted Casey, like, Someone should check on Nerd. Like, hey, pick up. What's up. Someone should check on Nerd. Yeah.
Q. Were you concerned that he might be contemplating suicide?
A. Yes, I was.

Summary

Doctor Rinku Shah discusses Abnerd Joseph's self-reported drug and alcohol use

Excerpts

Q All right. So it looks like Mr. Joseph presented with liver pain. I note -- in this note it says "Patient states that he does drink half handle of tequila on weekends." Have you treated -- have you ever treated anybody for alcoholism?
A I have.
Q Is -- in your medical opinion, is half a handle of tequila on weekends a social drinking? And I -- socially drinking?
THE WITNESS: I think it would be more than social.
Q Okay. "States that he gets pangs of pain usually the day after he drinks." Is liver pain consistent with drinking half a handle of tequila on weekends?
THE WITNESS: It -- it can be abdominal pain. It can cause abdominal pain.
...
Q During your treatment of Mr. Joseph on this date, did you happen to get any sort of psychiatric history from him? Did he describe any --
A Based on my chart notes, it looks like he said he had depression.
...
Q Doctor, my name's Allie Burnet; I represent the Bishopps in this matter. Fair to say on the intake form where the drug use box was checked "yes," do you -- you rely upon your patients to truthfully report what sort of recreational or illicit drugs they're taking; correct?
A Correct.
...
Q Okay. And I think you mentioned there'd be a difference between cocaine and marijuana use interacting with Adderall, based on the legality of the two drugs; is that correct?
A Correct.
Q Does the fact that cocaine is a stimulant also impact your assessment in terms of whether you would prescribe Adderall to a patient who reported that?
A Yes.
Q Okay. And how so?
A I think the combination of those two could lead to a compounding effect.
Q Okay. And are you aware of there being mental health consequences of a person taking too many stimulants?
THE WITNESS: Yes.

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

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."

Summary

This defamation lawsuit states that Defendants Delbert "Jay" Charles, individually and as Independent Administrator of the Estate of Abnerd Joseph, Bryan Bien-Aime, Ashley 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.

"... 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."