Grand jury critical of investigative work

BY JEFF MOORE, THE DAILY IBERIAN
Published/Last Modified on Friday, November 2, 2007 2:20 PM CDT

ST. MARTINVILLE - A St. Martin Parish grand jury noted its dissatisfaction with the St. Martinville Police Department's handling of a fatal overdose in recently filed court documents.

The grand jury declined to pursue charges last week in the May 4 death of Cindia Evans of St. Martinville. In its report, the grand jury noted its "disfavor" with the investigative work of the St. Martinville Police Department.

"We find that the police failed to adopt steps which would have likely either established beyond a doubt the commission or non-commission of a crime," the report states.

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Evans, 44, was found dead at her home in St. Martinville. An autopsy showed she died after taking a combination of eight different types of drugs, including methadone, Lortab, Soma and cocaine.

Assistant District Attorney Chester Cedars said Evans was discovered dead by her live-in boyfriend, identified by family members as Edward Migues, 49, of New Iberia.

Cedars said the purpose of bringing the matter to the grand jury was to determine whether any illegal distribution of drugs led to Evans' death, or if other circumstances warranted any criminal charges.

"The case was presented by our office in an unbiased fashion, asking the grand jury to make any determination if there was a basis to charge anyone with any sort of crime," Cedars said.

"The grand jury entertained all relevant evidence and made a considered decision."

Evans' sister, Tammy Waguespack, said she was disappointed no charges were filed, but even more disappointed in the investigation by the St. Martinville Police Department.

She said an autopsy showed Evans was dead more than 16 hours before Migues called 911, and no drugs were found in her house following her death, indicating the possibility that efforts were made to clean up the scene.

"The St. Martinville Police, in my opinion, did not do their job," Waguespack said. "They didn't pursue this as a crime. They pursued it as an overdose."

Waguespack said she believes a better investigation could have led to an obstruction of justice charge, if not a greater charge of negligent homicide.

The grand jury apparently agreed, according to its report.

"We humbly request that in future investigations, the police department in question pursue more timely and professionally relevant evidence which presents itself," the report states. "A reasonable investigation in this case would have insured that justice would have been better served."

St. Martinville Police Chief Paula Smith did not return calls seeking comment Thursday.

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