ORIGINAL COPY
NYC's Suspicious DEP Shootout
Was it MURDER 2, or something WORSE?...
​by Robbie Walters
   On Feb. 3, 2014, David Reese shot co-worker Aron Thomas at the NYC Department of Environmental Protection laboratory building in Kingston NY. The incident raised eyebrows, but few questioned the tight-lipped narrative offered by Ulster County District Attorney Holley Carnright. No motive was ever established. Two men, in one room, one gun, one body -- case closed. Eighteen months later,
   Reese was sentenced by Ulster County Court judge Donald Williams to serve 25 years to life at the Attica Correctional Facility,  in faraway Wyoming County, NY. He remains incarcerated there today. The jury convicted Mr. Reese in less than two hours. End of story? Apparently not.
    Investigators working with Maximum Waters, a local environmental activist group, have uncovered evidence possibly linking the Reese case with World War II legacy waste contaminating the NYC water supply. Mike Wendel, one of the organizers behind Maximum Waters group, uncovered water tests conducted by the United State Geological Survey (USGS), on behalf of the DEP, which reveal the presence of Uranium, Strontium, and Tritium in ground water leaking into the Delaware Aqueduct at Napanoch, NY. The alarming data was quietly tucked away in complicated tabulated reports, as a footnote.
    Reese, it turns out, was not just a disgruntled DEP employee, but in fact tasked with important duties of calibrating and maintaining scientific equipment used to guarantee the purity of the New York City water supply.
    Billions of dollars ride on the results measured inside tiny glass test tubes. Wendel suspects that the Reese murder may have been instigated to either silence him, or get him out of the way. Many are blissfully unaware that New York City is not just the largest public drinking system in the world, but also the only supplier in the United States which provides the Big Apple water from unfiltered sources.
   The Filtration Avoidance Determination (FAD) is a New York State exemption to the water quality rules, issued every ten years by the DEP  overseers, NYS Department of Environmental Conservation (DEC). and NYS Department of Health. Failure meeting the FAD requirements forces DEP to immediately build a $30 billion filtration plant.
    Meanwhile, investigators at Maximum Waters are re-examining the Reese murder case,  uncovering suspicious situations at the DEP. Officials there may be covering up the existence of radioactive trace elements in the ground water under their jurisdiction. Uranium, Tritium, and Strontium have all been detected by United States Geological Survey scientists, hired on behalf of the DEP itself. The numbers were quietly tucked away in thick reports, and buried deep inside a mountain of complicated paperwork..
   Maximum Waters learned that Reese suffered systematic racial harassment by his DEP employers for five years -- up until the day of the shooting. His home was burglarized the previous evening -- probably by the victim -- and Reese, feeling threatened, brought his handgun to work.
   A reasonable person, looking at the history of Reese, his treatment by DEP, and the deadly outcome, might conclude that DEP was trying to force Reese out of his position by any means necessary. Their aim to slowly drive the Reese overboard -- assigning three racist co-worker maintainers to take orders from Reese -- resulted in violence.
    During the trial, Reese's court-appointed attorney Kossover suddenly resigned, due to conflict of interest, after it was learned that his law partner was suing Reese in civil court on behalf of the victims wife.
DEP Stationary Engineer David Reese
DEP Watershed Maintainer Aron Thomas
Fired DOI Director of Intelligence in 2008, Chief Investigator Bill Weishaupt

DEP Whistleblower Retaliation

David Reese leaked the following DEP Internal Review to the Times Herald Record while he was still in prison ​
  • The Internal report was commissioned by the DEP in order to assess damage, intimidate coworkers, and to white wash / skew / and put the political spin, . .  on the actual facts of the case.​
 The Times Herald Record
    KINGSTON -  
James Nani leaked the above DEP Internal Report to the public on October 29th 2015 ​
  •  The startling facts leading up to the shooting - many unveiled for the first time - are outlined in an internal report by the New York City DEP, solicited by DEP managers after the homicide. The 22-page report was obtained by the Times Herald-Record this week,
  • The DEP hired former federal prosecutor Neil Cartusciello - of the law firm Cartusciello and Kozachek, LLC, out of Bordentown, N.J. - to lead the Internal review. He conducted more than 70 interviews and viewed an “extensive array” of documents as part of his report.
 Aron Thomas openly expressed dislike of some co-workers, Cartusciello said in the report.
  • Thomas was openly disparaging and disrupting of others “and bluntly racist in his remarks.” 
  • Aron Thomas spouted racist comments and said the roof of his Kingston workplace, the New York City DEP, was a “great spot to pick-off people.” 
  • Cartusciello also wrote that there was “considerable evidence” that Thomas used racial epithets “that often went unchallenged and unreported,” and specifically against Reese, who is black. 
  • “The investigator found that Mr. Thomas used this language, as well as a racially charged nickname in reference to Mr. Reese, and others allegedly joined in,” the report said. 
  • His widow, Susan Thomas, said she had seen the report but had no comment. Thomas’ mother, Sherry Thomas, had no comment.
  • In February 2010, and was “verbally cautioned” after supervisors learned he said "the roof on the Kingston DEP facility on Smith Avenue was a good place to shoot people".  
  • In December 2011, an employee raised more concerns about Thomas talking about shooting people and how much he disliked certain people. “Again, Mr. Thomas was simply cautioned by his supervisor,” Cartusciello said in the report.
  • In 2013, the New York City Department of Environmental Protection decided to move the two co-workers into the same office.
Reese’s problems seemed deeper.
  • In his Report, Cartusciello said the DEP failed to address a May 2011 letter Reese sent to the New York City Department of Investigation saying DEP police broke into his home in Gilboa, Schoharie County.
  • David Reese told his bosses that he thought Thomas was spying on him and that DEP police had broken into his home
  • The DOI suggested the DEP refer Reese to an “employee assistance program.” But there was no protocol for doing that outside of disciplinary action. Nobody followed up on the recommendation, Cartusciello’s report said.
  • Despite Reese talking to several people about being watched and the DOI letter, his concerns, real or perceived, weren’t dealt with.
  • Nobody talked to him about them, flagged him for concern or answered his letter.
  • “The investigator concluded that this may have deepened Mr. Reese’s suspicions about being watched,” the report said.​
  • Reese, a 55-year-old U.S. Navy veteran, was convicted in June of second-degree murder in the death of Thomas, a 33-year-old Olivebridge man. Reese is serving 25 years to life in prison.
Lloyd’s takeaway from the report is “that no individual acted with malice, negligence or indifference” and the report assigned no blame.
  • After reading the report, Tau Braun, a psychologist and executive director of the Brooklyn-based Violence Prevention Agency, said there were numerous signs and reports from employees over the course of years to know there was a problem, especially potential mental health concerns with Reese. ​
AFTER this DEP Internal Report was published in the Times Herald Record;
  • Mr. Reese sent the following correspondence to reporter James Nani's home address and also to his appeal Attorney Michael Sussman's address 
  • Both James Nani and appeal attorney Michael Sussman refused to accept the correspondance and returned their packages to Mr. Reese in prison, unopened and with no explanation as to why they were returning the paperwork​​
  • The following is the exculpatory evidence package which was sent to reporter James Nani and attorney Michael Sussman and returned to Mr. Reese unopened
  • This information was material documents withheld  by both defense attorney Jeffrey Hoerter and County Prosecutor Katherine Van Loan at the criminal trial
  • Defense Attorney Jeffrey Hoerter retired from practicing law two weeks after the trial, purchased a home in Florida, and left New York State permanently
​VANGUARD NEWS was a favorite website of Aron Thomas's family and friends
  • The nephew of Congressman Hinchey, . . Mr. Thomas Hinchey  was the direct supervisor of Aron Thomas and George Williams
  • Mr. Reese was transferred to Kingston, as a  "Stationary Engineer" in 2008
  • Mr. Hinchey was forced to relinquish his office on the 2nd floor to Mr. Reese
  • Mr. Hinchey was reassigned downstairs, next to coworkers Aron Thomas and George Williams​
 KPD Officer Robert Keller decided to Mirandize the DEP Police lieutenant instead of the defendant David Reese, on Feb. 3rd, 2014.
Mr. Reese's hand written statement at the Attica Correctional Facility on 1/18/18, as compared to DEP Lieutenant Justin Kight's statement at the first arrangement on February 10th 2014
Public Defender Mary Ann Connolly was appointed for Mr. Reese's arraignment and grand jury indictment,
  • While incarcerated at the Ulster County Jail, Mr. Reese cashed out his retirement account of $12,000.
  • The Ulster County ​court confiscated all of Mr. Reese's funds as they became available, to pay the Public Defender  MARY ANN CONNOLLY​
  • Mr. Reese had no money to buy a razor or shaving cream
  • Mr. Reese believes his public defender Mary Ann Connolly attempted to Taint the Jury by intentionally keeping him penniless in jail so that any and all newspaper photographs would make him look unkempt, disheveled, slipshod, rumpled and in disarray​​ 
Former Public defender Mary Ann Connolly demanded that Mr. Reese immediately turn over all of his inmates funds
Kingston Police Officer Christopher Zambrella offered third party hearsay evidence, as a statement of fact to the grand jury on March 25th 2014
The KPD report including the here say, erroneous confession of "I shot Aaron twice" was only used for grand jury purposes and was never presented as evidence during the trial.
  • The Grand Jury minutes have since been sealed until after the appeal has been completed​
  • The Kingston Police report has since been officially sealed until after the Reese appeal has been completed​
This document was offered as a "statement of fact" to the grand Jury on March 25th, 2014, . . by the prosecution 
​Request for Disciplinary action against Aron Thomas, by Tina Johnstone to Director Robert Groope
Mr. Tom Hinchey's Part 1, Statement to police detective on Jan 2 2015
 Statements of Fact;
Miranda Warning;  
  • Former KPD Detective Bowers was the only person to ever issue Mr. Reese a miranda warning
​Autopsy Report
  • Once the shot was fired, the bullet severed the victim's spinal cord, rendering him paralyzed and incapable of any type of movement thereafter
  • The bullet became lodged in the victim's left shoulder and never exited the body
​ Blood Splatter:​
  • The Blood splatters were not a result of the gunshot wound
  • The blood splatters on the floor occurred after a punch was thrown by Mr. Reese resulting in Mr Thomas hitting his head on the workbench and during the struggle for the weapon, . . which had ensued
​​ Forensics:
  • AAron Thomas's hoodie jacket was confiscated and examined for gunshot residue,
  • ​The victim's hoodie jacket showed 3 bullet holes (made by one bullet)
  • (2 holes in the shoulder of the jacket and 1 hole in the neck line of the jacket)
  • The victim's jacket was entered into evidence for the Grand Jury arraignment to prove the statement "I shot Aron twice" 
  • The grand jury was lead to believe that because of multiple holes in the hoodie jacket, that the victim must have been shot multiple times
  • The victim's hoodie jacket was never entered into evidence at the criminal trial​
 Ballistic's Report
  • The ballistic's report on the first bullet found on Feb 3rd, showed that it came from the defendant's gun
  • The second bullet had been found by a contracted hazmat clean up worker on Feb 5th, who said he found it lying on the concrete floor at his feet,
  • When the clean up worker turned it into the DEP police, he was instructed to go back and replace it in the same spot where he had found it
  • The ballistic's report on the second bullet, which was found two days after the fact, showed that the second bullet was unidentifiable.
 Video; DEP Security Cameras;
  • Two video cameras in the DEP Security office and hall way were aimed to pick up the entire interaction between Mr. Reese and Lieutenant Justin Kight at their first meeting on Feb 3rd.
  • These tapes will show dirt and debris on the back of Mr. Reese's coat which will match the dirt and debris on the concrete floor of the workshop where the mishap took place.
  • A third security camera located on the loading dock floor will provide a clear shot of Mr. Reese walking into the work room wearing a clean coat, and when Mr. Reese walks out approximately two minutes later, . . dirt and debris from the floor will be covering the lower portion of Mr. Reese's coat
  • ​These DEP Video tapes are called Exculpatory Evidence which the prosecution failed to reveal to the defense
  • Mr. Reese's coat, with the workshop floor dirt and debris is also called Exculpatory Evidence which was denied to Mr.  Reese's defense
Mr. Reese States that;
  • The two DEP Police officers down the hall from Mr. Reese including Justin Kight would often socialize with Mr. Hinchey. Mr. Thomas and Mr. Williams in their DEP police security office
  • Mr. Reese's public defense council refused to call any witnesses that wold have been favorable to establishing Mr. Reese's character
  • The Only Witness called by the defense council was the single state appointed psychiatrist
  • Mr. Reese was told by many people including two Psychiatrists for 15 months that two bullets must have been fired, . . but Mr. Reese only remembers one bullet
  • Mr. Reese's defense lawyer refused to ask Mr. Thomas Hinchey any Real questions
  • Less than two weeks after the trial, Mr. Reese's defense lawyer retired from practicing law, purchased a new home in Florida, and left NYS for good
The Correct Grand Jury Indictment should have been; The Grand jury would have found that;

Following the Money Trail

  • The Law Firm of  Mainetti, Mainetti and O'Connor served Mr. Reese with the Wrongful Death Complaint while he was incarcerated in the Ulster County Jail
  • Mr Reese never received the MMO complaint
  • The Wrongful Death Civil Suit later went on to trial, without Mr. Reese being present to defend himself.
 We believe that;
  • Mr. Reese's statement of fact, that he had grasped the right shoulder of the hoodie jacket, pulling it up and away from the victim's right shoulder as they fell backward
  • When both men hit the ground, the gun went off unintentionally,  and the single bullet made three holes in the hoodie jacket of the deceased, before entering the victims's neck, and then becoming lodged in the victim's left shoulder​
  • The prosecution intentionally presented the erroneous KPD report of  "I shot Aron Twice"  along with the victim's hoodie jacket (showing three bullet holes) to the Grand Jury on Tuesday March 25th in order to obtain a Murder 2 indictment
  • March 25th was 50 days after the date that the incident occurred and ​the coroner's report plainly stated one gunshot wound, from 1 bullet, from 1 gun
  • Two Security cameras captured the events and conversation which took place between DEP Lieutenant Kight and Mr Reese
  • Justin Kight is quoted in the arraignment transcripts as noticing dirt and debris on the back of Mr. Reese's Jacket, . . when he lifted it to take the gun
  • The dirt got on the back of Mr. Reese's jacket when both men fell to the floor after the struggle and "Then" the gun discharged
  • The DEP security videos were never revealed to the grand jury nor were they introduced at trial
  • Mr. Reese's coat was missing from both the Grand Jury Indictment and the criminal trial​
Conclusion:

When does Racial Bigotry and Homicide become a National Security Secret?

The prosecution contends Mr. Reese shot Mr. Thomas with the "Express Intent", . . to Kill
Once that an erroneous indictment was handed down from the grand jury, it became impossible, . .  to fight a misconstrued charge.
Prosecutor Kitty Van loan states that the victim was shot once
(after the struggle, as Mr. Thomas was rising from his left knee, kneeling position, both men were facing forward)
 Mr. Thomas grabbed Mr. Reese's left thigh, with Mr. Thomas's left hand causing both men to fall backwards
As Mr. Reese's leg had been gripped by Mr. Thomas, and as they were both moving backwards, . . both men fell to the floor hard, . .  with the impact of the fall causing the weapon to discharge once
State Trooper Kevin O K'eeffe from Barracks F did the forensics and the single bullet, fired from approximately 18 inches entered the subjects neck and ended lodged in the subject's left shoulder,
​The wound shows that the bullet entered the right side of the victims neck, from a right handed shooter,
Assuming that Trooper Kevin O'Keeffe arrived at the crime scene at 10;30 am, . . then that would have left the Glock Handgun in the possession of DEP Police Officer Justin kight for approximately four hours.
​Assuming that there were two separate wounds on the victim, besides the single Gunshot wound would indicate a struggle  / fight had taken place, for the gun
Assuming that the Bullet instantly paralyzed the victim, , . . then that would indicate that a struggle / fight took place prior to the single fatal gunshot
Assuming that several state troopers looked for several hours on two separate days for a slug and could not find it, . . . then that would indicate,  . . . 
Assuming that the Hazmat clean up employee Edward Walters just happened to walk in to the room two days after the fact, and just happen to find a slug lying at his feet, on a concrete floor would indicate that , . . .
More from James Nani;
It turns out that Chief of Detectives Bill Weishaupt was the one, single culpable party to the homicide . . who was negligently responsible for Aron Thomas's death.
Mr. Weishaupt had convinced KPD Law Enforcement and the Ulster County Judiciary to turn a blind eye and place the blame elsewhere.
Picture
In February 2010, Aron Thomas was “verbally cautioned” after Mr. Thomas spouted racist comments and said the roof of his Kingston workplace at the New York City DEP, was a “great spot to pick-off people.”

It was confirmed in 1999 that mercury had been leaking into the upstate reservoirs from the original mercury seals in the reservoir sluice gates
​David Reese calibrated and maintained water quality testing equipment for the Upstate DEP laboratories in NY.
Mr. Reese made an annual salary of $94,000. per year in the electrical engineers union whereas outdoor union landscaping positions such as Mr. Hinchey, Mr. Thomas, and Mr. Williams made considerably less,
​David Reese had previously submitted many separate Racial Bullying, Harassment Complaints to DEP supervisors, DEP Police, and the NYC Department of Investigation
All of Mr. Reese's harassment complaints were  ignored from above.
Many of Reese's co workers were willing to testify for Reese, but the defense lawyer never called on them
see more
Coworkers talked about the "sadistic" verbal abuse Reese was subjected to on a daily basis and could never understand why no one would intervene
Why weren't co workers asked to testify, regarding the Verbal Abuse?
DEP MANAGEMENT
Commissioner Carter Strickland mysteriously quit his job right after the Thomas homicide, with no explanation to anyone ​
Newly appointed Commissioner, Emily Lloyd  suddenly took an extended medical leave of absence, . .  never to return.
​DEP Managers Bill Richardson and Ira Stern (Division of Natural Resources)  who floated between the Kingston and Grahamsville laboratories were never Interviewed or Questioned.

What the Average DEP Workers Think of DEP Management

55 Buyout houses with DEP contaminated drinking wells

Accurately Functioning Indoor Air quality monitors were important to saving lives.
Detecting abnormal amounts of VOC's or Radionuclides water vapors, could establish liability for NYC
 Ulster County Judges and lawyers refused to hear any evidence related to the DEP management, Mr. Reese's case or the DEP 55 house buyout.
Mr. Weishaupt believed that his covert operations were exempt from NYC DOI Oversight Procedures and also exempt from Federal Color of law prosecution.
However, Ulster County employees whom had been coerced into cooperating with Mr. Weishaupt have no such protection from New York State Law
​​So far, the DEP and County Employees who have quit their job and fled the state are;
  • DEP Commissioner Carter Strickland
  • DEP Commissioner Emily Lloyd
  • Defense Attorney Jeffrey Hoerter
  • Assistant District Attorney; Justin Stenison
  • Former KPD detective Bowers
  • Emergency Manager Arthur Snyder 
  • County Contract Manager Susan plonski
  • HCR President Mathew Nelson 
  • It can safely be assumed that the next people to quit their job and permanently leave New York State, will be Public Defender Mary Ann Connolly followed by District Attorney Katherine Van Loan, 
  • Ulster County has not been able to find any District Attorney so far, willing to take on the "Illegal Upstate Dumping Cases" which originated May 30th of 2017 or to accept the Reese appeal which was recently submitted
  • DEP Manager Bill Richardson is quoted as saying, . ."He nor any other manager will ever speak to anyone except the NYC DOI"
  • The Above Individuals can be charged with enterprise corruption under New York State Penal Code § 460.00

Ulterior Motive, for a Mercury Cover Up
​Merriman Damn

The Kingston Daily Freeman version
by Patricia Doxsey
LIVE TWEETS
Live tweets Day  2
“Kingston DEP employee charged with killing co-worker,” Feb. 3, 2014
“Fund to aid family of slain Kingston DEP employee raises nearly $23K,” Feb. 4, 2014
“Kingston shooting: Workplace violence difficult to predict, experts say,” Feb. 5, 2014
“Kingston homicide suspect seems to have enough money for lawyer, judge says,” Feb. 7, 2014
“‘I shot Aron twice,’ says man accused of killing DEP co-worker in Kingston,” Feb. 10, 2014
“Kingston workplace murder suspect indicted by Ulster County grand jury,” March 25, 2014
“Kingston murder suspect waits for ruling about attorney; next court date is April 16,” March 28, 2014
“Judge allows continued use of public defender for man accused of shooting co-worker in Kingston,” April 16, 2014
“NYC department overdue in responding to Freeman’s request for report about Kingston murder suspect,” May 2, 2014
“Kingston murder suspect David Reese must reimburse Ulster County Public Defender’s Office, judge rules,” May 19, 2014
“Kingston murder suspect David N. Reese’s ‘incident report’ kept under wraps by NYC environmental department,” May 20, 2014
“Pretrial hearing in Kingston murder case focuses on timing of confession,” Dec. 16, 2014
“Potential conflict of interest delays Kingston murder trial,” Feb. 20, 2015
“3 jurors picked for Kingston workplace murder trial; testimony could start Wednesday,” May 26, 2015
“David Reese murder trial opens with grim details of workplace killing,” May 27, 2015
"Victim's blood was on suspect, cop testifies at David Reese murder trial May 28th 2015
​​LIVE TWEETS DAY 4
“Murder suspect David Reese testifies gun went off accidentally during struggle with Aron Thomas,” June 1, 2015
​Sentencing June 2nd, 2015
​DEP INTERNAL PROBE
Potential Avenues to Evaluate;
1) A Federal Order to Show Cause demanding a new trial requesting the second trial be heard in the US District Court in Manhattan for the following reasons:
2). Defense Counsel's engaged in prohibited practice, while his firm represented the widow of the deceased in a civil action for wrongful death in the directly related murder case, as a direct adversary in violations of 22 NYCRR Part 1200 Rule 1.7(a)(1) and also contrary to the Disciplinary Rule DR 5-108 [22 NYCRR Part 1400.5(b). Defense Counsel's representation was inadequate and prejudicial.
3) the Prosecutor and the police withheld Valuable and probative "Brady material" that was exculpatory in nature and deprived the defendant to present that evidence] at the time of trial and ground for the following Motions.

(a) Motion to vacate the Decision and Order;
(b) Motion to set aside the Verdict: (c) Change of Venue for a New Trial. Federal Court would be the optimum venue. And to include a Court statement of how or why he owed the state Court such funds taken or seized. The actions of the Court would give the Federal Court Jurisdiction as a civil rights violation under 5th amendment due process clause. 
of 42 USC 1983 
(c) Motion  to throw out the verdict as tainted hearsay uncorroborated evidence was used by prosecution and exculpatory evidence was withheld by the prosecution to conceal the conspiracy of the facts and presence of chemical contaminates in the NYC Drinking water system.

1. Public Safety and the greater good outweighs keeping a secret that could adversely affect the health of Millions of NYC residents, Unwittingly..
When does Racial Bigotry and Homicide become a National Security Secret?
​When Mr. Bill Weishaupt, . .  Denies Access to all other Law Enforcement Investigators on a Need To Know Basis.