Col. Philip Michael Shue Died April 16, 2003
Showing posts with label Shue. Show all posts
Showing posts with label Shue. Show all posts
Wednesday, April 16, 2014
Tuesday, April 16, 2013
Monday, April 16, 2012
Sunday, June 22, 2008
AF Colonel Philip Shue's death was ruled a murder/homicide
AF Colonel Philip Shue's death was ruled a murder/homicide yesterday by Judge Palmer, Kendall County Court, Boerne Texas.
Colonel Philip Shue grew up in Brookeville. Col Shue's ex-wife, Nancy Young Shue Timpson (daughter of Dr Young (Brookeville) took the Fifth.
Mrs Timpson is married to Lt Col Donald Timpson and they reside in Shalimar Florida.
Boerne Star News Articles by Anita Porterfield
6-18-08: Judge Rules Shue Death a Murder http://www.nowpublic.com/world/judge-rules-shue-death-murder
6-15-08: Colonel Philip Shue's ex-wife takes the Fifth http://www.nowpublic.com/world/col-philip-shues-ex-wife-takes-fifth
6-11-08: Philip Shue Trial Draws National Media Attention (48 Hrs)http://www.nowpublic.com/world/philip-shue-trial-draws-national-media-attention
6-5-08: Philip Shue case reads like a novel http://www.nowpublic.com/world/philip-shue-case-reads-novel
Colonel Philip Shue grew up in Brookeville. Col Shue's ex-wife, Nancy Young Shue Timpson (daughter of Dr Young (Brookeville) took the Fifth.
Mrs Timpson is married to Lt Col Donald Timpson and they reside in Shalimar Florida.
Boerne Star News Articles by Anita Porterfield
6-18-08: Judge Rules Shue Death a Murder http://www.nowpublic.com/world/judge-rules-shue-death-murder
6-15-08: Colonel Philip Shue's ex-wife takes the Fifth http://www.nowpublic.com/world/col-philip-shues-ex-wife-takes-fifth
6-11-08: Philip Shue Trial Draws National Media Attention (48 Hrs)http://www.nowpublic.com/world/philip-shue-trial-draws-national-media-attention
6-5-08: Philip Shue case reads like a novel http://www.nowpublic.com/world/philip-shue-case-reads-novel
Thursday, May 15, 2008
Judge stands by decision to release grand jury tapes
Web Posted: 05/13/2008 10:28 PM CDT
By Zeke MacCormack
Express-News
BOERNE — Kendall County Court-at-Law Judge Bill Palmer on Tuesday stood by his decision to make available grand jury testimony about the 2003 death of Air Force Col. Philip Shue for use in a lawsuit.
The litigants, USAA Life Insurance Co. and Shue's widow, Tracy, sought access to tapes of grand jury witnesses for use as evidence in their dispute, which goes to trial June 9.
Grand jury proceedings are done in secret, and the release was opposed by District Attorney Bruce Curry, whose lawyer said an appeal was likely after Palmer's refusal to vacate his April 21 order for Curry to hand over the recordings.
Shue, 54, died when his car crashed into a tree beside Interstate 10 on April 16, 2003, in Kendall County.
Then-Justice of the Peace Nancy White ruled it a suicide, as did military investigators and the medical examiner.
Tracy Shue contends her husband fell victim to foul play after leaving home that morning for work as a psychiatrist at Wilford Hall Medical Center. His nipples had been cut off, and duct tape was on his ankles and wrists.
Her lawsuit says USAA should have investigated and canceled a $500,000 policy on Shue's life from 1999, when he first told the insurer that his ex-wife — the policy's beneficiary — was possibly plotting his demise.
USAA denies liability, saying it advised Shue to contact law enforcement authorities.
An attorney for Shue's ex-wife, Nancy Shue, has said she had no role in the death.
Representing District Attorney Curry at Tuesday's hearing, Assistant Attorney General Angela Goodwin told Judge Palmer that only state District Judge Steve Ables, who convened the grand jury, could clear the release of its tapes.
A release, she said, could have “a chilling effect” on the candor of witnesses at other grand juries and hinder any future investigation of Shue's death, should one occur.
Goodwin said those seeking the tapes hadn't met the legal threshold of showing “a particularized need,” noting the witnesses are alive and available to testify at the lawsuit trial.
But Jason Davis, Tracy Shue's lawyer, said time's passage has dimmed the memories of former Bexar County Medical Examiner Vincent DiMaio and law officers who testified to the grand jury.
“This will be a means to both refresh their memory and impeach,” he said of the tapes.
Davis called the grand jury review of Shue's death “kind of a sham,” asserting investigators asked Curry to delay presenting the case so they could gather more facts and that information subsequently surfaced that contradicted evidence grand jurors heard.
He said trial jurors should hear the evidence behind the grand jury's Nov. 24, 2003, finding that it saw no evidence of criminal activity in Shue's death, which USAA likely will cite in its defense of the lawsuit.
“We know that incomplete testimony was given to the grand jury,” Davis said. “We suspect inaccurate testimony.”
Curry wasn't at the hearing and later declined comment.
--submitted by Tracy Shue
By Zeke MacCormack
Express-News
BOERNE — Kendall County Court-at-Law Judge Bill Palmer on Tuesday stood by his decision to make available grand jury testimony about the 2003 death of Air Force Col. Philip Shue for use in a lawsuit.
The litigants, USAA Life Insurance Co. and Shue's widow, Tracy, sought access to tapes of grand jury witnesses for use as evidence in their dispute, which goes to trial June 9.
Grand jury proceedings are done in secret, and the release was opposed by District Attorney Bruce Curry, whose lawyer said an appeal was likely after Palmer's refusal to vacate his April 21 order for Curry to hand over the recordings.
Shue, 54, died when his car crashed into a tree beside Interstate 10 on April 16, 2003, in Kendall County.
Then-Justice of the Peace Nancy White ruled it a suicide, as did military investigators and the medical examiner.
Tracy Shue contends her husband fell victim to foul play after leaving home that morning for work as a psychiatrist at Wilford Hall Medical Center. His nipples had been cut off, and duct tape was on his ankles and wrists.
Her lawsuit says USAA should have investigated and canceled a $500,000 policy on Shue's life from 1999, when he first told the insurer that his ex-wife — the policy's beneficiary — was possibly plotting his demise.
USAA denies liability, saying it advised Shue to contact law enforcement authorities.
An attorney for Shue's ex-wife, Nancy Shue, has said she had no role in the death.
Representing District Attorney Curry at Tuesday's hearing, Assistant Attorney General Angela Goodwin told Judge Palmer that only state District Judge Steve Ables, who convened the grand jury, could clear the release of its tapes.
A release, she said, could have “a chilling effect” on the candor of witnesses at other grand juries and hinder any future investigation of Shue's death, should one occur.
Goodwin said those seeking the tapes hadn't met the legal threshold of showing “a particularized need,” noting the witnesses are alive and available to testify at the lawsuit trial.
But Jason Davis, Tracy Shue's lawyer, said time's passage has dimmed the memories of former Bexar County Medical Examiner Vincent DiMaio and law officers who testified to the grand jury.
“This will be a means to both refresh their memory and impeach,” he said of the tapes.
Davis called the grand jury review of Shue's death “kind of a sham,” asserting investigators asked Curry to delay presenting the case so they could gather more facts and that information subsequently surfaced that contradicted evidence grand jurors heard.
He said trial jurors should hear the evidence behind the grand jury's Nov. 24, 2003, finding that it saw no evidence of criminal activity in Shue's death, which USAA likely will cite in its defense of the lawsuit.
“We know that incomplete testimony was given to the grand jury,” Davis said. “We suspect inaccurate testimony.”
Curry wasn't at the hearing and later declined comment.
--submitted by Tracy Shue
Friday, May 02, 2008
Officials tussle on grand jury dealings
Web Posted: 05/01/2008 10:59 PM CDT
Express-News
BOERNE — District Attorney Bruce Curry has balked at revealing Kendall County grand jury deliberations on the April 16, 2003, death of Air Force Col. Philip Shue — in which the panel found no evidence of a criminal act — for use in an upcoming lawsuit trial.
Shue's widow, Tracy Shue, is suing USAA Life Insurance Co. for alleged negligence in its handling of a life insurance policy on her husband, whose death in a car wreck in Kendall County was ruled suicide.
An order backed by the lawsuit parties was issued April 21 by Kendall County Court at Law Judge Bill Palmer directing Curry to supply them with the secret testimony and evidence within 10 days.
An objection filed on Curry's behalf Wednesday argues that revealing grand jury proceedings for use in a lawsuit could expose Curry to fines and possible removal from office.
It said that ‘to expose the sanctity' of the grand jury proceedings, and raising the specter that jurors may be called as witnesses in the civil case, ‘could have a chilling effect on a grand jury's exploration of the truth.'
Express-News
BOERNE — District Attorney Bruce Curry has balked at revealing Kendall County grand jury deliberations on the April 16, 2003, death of Air Force Col. Philip Shue — in which the panel found no evidence of a criminal act — for use in an upcoming lawsuit trial.
Shue's widow, Tracy Shue, is suing USAA Life Insurance Co. for alleged negligence in its handling of a life insurance policy on her husband, whose death in a car wreck in Kendall County was ruled suicide.
An order backed by the lawsuit parties was issued April 21 by Kendall County Court at Law Judge Bill Palmer directing Curry to supply them with the secret testimony and evidence within 10 days.
An objection filed on Curry's behalf Wednesday argues that revealing grand jury proceedings for use in a lawsuit could expose Curry to fines and possible removal from office.
It said that ‘to expose the sanctity' of the grand jury proceedings, and raising the specter that jurors may be called as witnesses in the civil case, ‘could have a chilling effect on a grand jury's exploration of the truth.'
Tuesday, February 06, 2007
Husband's death was murder, not suicide, widow says
by James Muñoz
The 2003 death of Col. Philip Shue was ruled a suicide by the justice of the peace.
His widow is fighting that ruling all the way to the Texas Supreme Court because she believes her husband was murdered.
Shue, 54, was found dead April 16, 2003, along Interstate 10 near Boerne.
Kendall County Justice of the Peace Nancy White didn't win re-election. She now lives in another city. Her attorneys say she shouldn't have to explain the "thought-processes" behind her ruling.
"Col. Shue's chest had been mutilated. His wrists and ankles were covered in duct tape," said attorney Jason Davis, who represents Mrs. Shue.
"[Mrs. Shue] and many others believe it was a murder, including experts who have analyzed the same evidence," Davis said.
The truth, in this story, may be stranger than fiction, because Shue's vehicle slammed into a tree, his chest was mutilated, a finger was cut off and there was duct tape around his wrists and ankles.
"And yet, Judge White came on to the scene and declared it in a matter of minutes an accident, and the question is, 'Why?', and now she's going to remarkable lengths to avoid for having to answer to that," Davis said.
White's attorneys say this isn't a cover up. If JPs always had to answer to subpoenas and depositions, there would be no end to the second-guessing and harassment of the judges, her attorneys said.
"No, we're not going to let litigants dissatisfied with a judge's ruling, go sue somebody else and use the civil discovery process, to harass and abuse these judges," White's attorney Patrick Ballantyne said.
Mrs. Shue's attorney sees it differently.
"It's a pretty simple case of a witness just refusing to answer," Davis said.
Shue's widow is suing the insurance company USAA, saying the agency failed to cancel life insurance policies that led to death threats against the Mr. Shue.
USAA said they cannot comment on pending litigation.
A Kendall County court-at-law judge ordered White to testify by deposition, but she refused. Last week, the 4th Court of Appeals upheld that decision, but White still refuses. The case is now being appealed to the Texas Supreme Court.
KENS video: Husband's death was murder, not suicide, widow says
----------------------------------------------
HIGH DOLLAR LEGAL “DREAM TEAM“
HIRED BY KENDALL COUNTY TEXAS
Former Kendall County JP Nancy White
Appeals Court Denial for Judicial Immunity in Shue Case
Ron Gordon
Kendall County News.com
What’s next in the Colonel Philip Shue death investigation, seemingly having more twists and turns than a Tom Clancy novel? The mysterious circumstances leading to death of Colonel Philip Shue and the many unanswered questions surrounding the death investigation, continues, almost four years later, with no end in sight.
On January 5, 2007, Tracy Shue filed, for a third time, a Motion to Compel former Kendall County Justice of the Peace Nancy White to answer the basic questions of why and with what evidence she concluded Colonel Philip Shue’s Manner of Death a “Suicide.” Over the past year, the Kendall County Court has repeatedly ruled to deny the former JP’s Motion to Quash and Request for Immunity in answering the why and with what evidence questions, citing the duties and mental processes of a Coroner would not be protected under the “Mental Processes Rule.” But, true to form in the Shue case, the fight is not over and former JP Nancy White, with her legal “Dream Team“, paid for by the taxpayers of Kendall County, have now filed to appeal the decision of Judge Bill Palmer.
Kendall County News has requested the Commissioner’s Court to provide an estimate of the current and projected legal costs pertaining to the actions of the former Kendall County Justice of the Peace. No response has been received to date.
-----------------
Former Kendall County Judge is Order to Answer Questions for The Third Time
Ron Gordon
Kendall County News.com
For those of you familiar or unfamiliar with the Tracy Shue case, here is a breakdown with the timeline of events, and where we stand as of today.
On December 28, 2005 Tracy Shue filed to have Judge Nancy White give a deposition on the cause of death on Colonel Philip Shue.
Judge White filed a motion to Quash on January 13, 2006, for Protective Order to avoid her deposition. She objected to being deposed in part on the basis of the “Mental Processes Rule”
Ten days later Judge Palmer overruled Judge White’s “Mental Processes Rule“ objection and ordered her to proceed with the deposition.
Judge White was not satisfied with the Judge’s ruling and yet filed another motion for clarification of the court’s January 23rd Order. Judge White again argued that her deposition be quashed on the basis of the “Mental Processes Rule”
Once again on February 23, 2006 the court denied Judge White’s motion for clarification and order that her deposition proceeds.
This brings us to the deposition on November 10, 2006. Judge White refused to answer some questions that her lawyers thought was abusive which violated the court’s order. Her answer to the questions being asked was part on the basis of the “Mental Processes Rule”
Judge White abused the discovery process and failed to comply with two previous orders from the court. Given these prior orders, there was no justifiable excuse for Judge White’s failure to answer questions posed to her during her deposition. Such conduct necessitated Tracy Shue’s filed motion to compel and motion for cost.
This brings us to January 5, 2007. Shue’s attorney opened up the argument about wasting the court’s time and money going over an issue that was already ruled on by Judge Palmer, twice. Judge White’s attorney followed by stating that she did not have to answer any questions based on her being, at that time, a Judge. Judge Palmer then asked Judge White’s attorney, (paraphrasing) “A Medical Examiner can give testimony on the ruling of death. In Kendall County, the Medical Examiner is also the Justice of the Peace; so in this case, she wears two hats acting as the Justice of the Peace as well as the Medical Examiner. In acting as the Medical Examiner, Judge White does not then qualify for the “Mental Processing Rule“, because in this capacity for this case, Judge White was also the Medical Examiner.” Judge White’s attorney then followed that comment by saying, “Well that’s different!” and in true Judge White fashion, no additional reasoning from Counsel was provided.
Shue’s attorney rebutted and went over how Judge White last year, had a news conference the day before depositions were to be heard. She released confidential information to the Media, which included Social Security numbers, phone numbers and addresses of Tracy and Col. Philip Shue. Then Judge Palmer asked where the original paperwork was located now and Shue’s attorney answered with, “All I have is copies.” Then Former Judge White, not her attorneys, blurted out stating where the original documents were located. After that, her attorney turned to her and stated quickly, “Do not say another word.”
After hearing about 45 minutes of both Counsels pleading their cases, Judge Palmer ordered that Judge Nancy White’s deposition be reset for 9:00am on January 26, 2007. The case will be heard at the Kendall County Courthouse. It was ordered that Judge White must answer all questions which she did not answer in her depositions urging the Mental Process Objection. Lastly, Judge White is to pay court costs and court reporter costs for continuation of deposition.
To add insult to injury, Judge White’s attorneys advised Judge Palmer that they are appealing his decision to the Circuit Court. Also, Judge White’s attorneys didn’t feel it was fair that she be responsible for the court, court reporter and deposition costs, in which then Judge Palmer summed up the sentiments felt in the court, by stating, “Well if she had answered the questions during the last depositions, we wouldn’t be here today!”
All Tracy Shue asked for was an inquest which has been denied to this day. The question that needs to be answered by Former Judge Nancy White is: How did she find that suicide was the cause of death for Col. Philip Shue???????????
--Submitted by Tracy Shue
The 2003 death of Col. Philip Shue was ruled a suicide by the justice of the peace.
His widow is fighting that ruling all the way to the Texas Supreme Court because she believes her husband was murdered.
Shue, 54, was found dead April 16, 2003, along Interstate 10 near Boerne.
Kendall County Justice of the Peace Nancy White didn't win re-election. She now lives in another city. Her attorneys say she shouldn't have to explain the "thought-processes" behind her ruling.
"Col. Shue's chest had been mutilated. His wrists and ankles were covered in duct tape," said attorney Jason Davis, who represents Mrs. Shue.
"[Mrs. Shue] and many others believe it was a murder, including experts who have analyzed the same evidence," Davis said.
The truth, in this story, may be stranger than fiction, because Shue's vehicle slammed into a tree, his chest was mutilated, a finger was cut off and there was duct tape around his wrists and ankles.
"And yet, Judge White came on to the scene and declared it in a matter of minutes an accident, and the question is, 'Why?', and now she's going to remarkable lengths to avoid for having to answer to that," Davis said.
White's attorneys say this isn't a cover up. If JPs always had to answer to subpoenas and depositions, there would be no end to the second-guessing and harassment of the judges, her attorneys said.
"No, we're not going to let litigants dissatisfied with a judge's ruling, go sue somebody else and use the civil discovery process, to harass and abuse these judges," White's attorney Patrick Ballantyne said.
Mrs. Shue's attorney sees it differently.
"It's a pretty simple case of a witness just refusing to answer," Davis said.
Shue's widow is suing the insurance company USAA, saying the agency failed to cancel life insurance policies that led to death threats against the Mr. Shue.
USAA said they cannot comment on pending litigation.
A Kendall County court-at-law judge ordered White to testify by deposition, but she refused. Last week, the 4th Court of Appeals upheld that decision, but White still refuses. The case is now being appealed to the Texas Supreme Court.
KENS video: Husband's death was murder, not suicide, widow says
----------------------------------------------
HIGH DOLLAR LEGAL “DREAM TEAM“
HIRED BY KENDALL COUNTY TEXAS
Former Kendall County JP Nancy White
Appeals Court Denial for Judicial Immunity in Shue Case
Ron Gordon
Kendall County News.com
What’s next in the Colonel Philip Shue death investigation, seemingly having more twists and turns than a Tom Clancy novel? The mysterious circumstances leading to death of Colonel Philip Shue and the many unanswered questions surrounding the death investigation, continues, almost four years later, with no end in sight.
On January 5, 2007, Tracy Shue filed, for a third time, a Motion to Compel former Kendall County Justice of the Peace Nancy White to answer the basic questions of why and with what evidence she concluded Colonel Philip Shue’s Manner of Death a “Suicide.” Over the past year, the Kendall County Court has repeatedly ruled to deny the former JP’s Motion to Quash and Request for Immunity in answering the why and with what evidence questions, citing the duties and mental processes of a Coroner would not be protected under the “Mental Processes Rule.” But, true to form in the Shue case, the fight is not over and former JP Nancy White, with her legal “Dream Team“, paid for by the taxpayers of Kendall County, have now filed to appeal the decision of Judge Bill Palmer.
Kendall County News has requested the Commissioner’s Court to provide an estimate of the current and projected legal costs pertaining to the actions of the former Kendall County Justice of the Peace. No response has been received to date.
-----------------
Former Kendall County Judge is Order to Answer Questions for The Third Time
Ron Gordon
Kendall County News.com
For those of you familiar or unfamiliar with the Tracy Shue case, here is a breakdown with the timeline of events, and where we stand as of today.
On December 28, 2005 Tracy Shue filed to have Judge Nancy White give a deposition on the cause of death on Colonel Philip Shue.
Judge White filed a motion to Quash on January 13, 2006, for Protective Order to avoid her deposition. She objected to being deposed in part on the basis of the “Mental Processes Rule”
Ten days later Judge Palmer overruled Judge White’s “Mental Processes Rule“ objection and ordered her to proceed with the deposition.
Judge White was not satisfied with the Judge’s ruling and yet filed another motion for clarification of the court’s January 23rd Order. Judge White again argued that her deposition be quashed on the basis of the “Mental Processes Rule”
Once again on February 23, 2006 the court denied Judge White’s motion for clarification and order that her deposition proceeds.
This brings us to the deposition on November 10, 2006. Judge White refused to answer some questions that her lawyers thought was abusive which violated the court’s order. Her answer to the questions being asked was part on the basis of the “Mental Processes Rule”
Judge White abused the discovery process and failed to comply with two previous orders from the court. Given these prior orders, there was no justifiable excuse for Judge White’s failure to answer questions posed to her during her deposition. Such conduct necessitated Tracy Shue’s filed motion to compel and motion for cost.
This brings us to January 5, 2007. Shue’s attorney opened up the argument about wasting the court’s time and money going over an issue that was already ruled on by Judge Palmer, twice. Judge White’s attorney followed by stating that she did not have to answer any questions based on her being, at that time, a Judge. Judge Palmer then asked Judge White’s attorney, (paraphrasing) “A Medical Examiner can give testimony on the ruling of death. In Kendall County, the Medical Examiner is also the Justice of the Peace; so in this case, she wears two hats acting as the Justice of the Peace as well as the Medical Examiner. In acting as the Medical Examiner, Judge White does not then qualify for the “Mental Processing Rule“, because in this capacity for this case, Judge White was also the Medical Examiner.” Judge White’s attorney then followed that comment by saying, “Well that’s different!” and in true Judge White fashion, no additional reasoning from Counsel was provided.
Shue’s attorney rebutted and went over how Judge White last year, had a news conference the day before depositions were to be heard. She released confidential information to the Media, which included Social Security numbers, phone numbers and addresses of Tracy and Col. Philip Shue. Then Judge Palmer asked where the original paperwork was located now and Shue’s attorney answered with, “All I have is copies.” Then Former Judge White, not her attorneys, blurted out stating where the original documents were located. After that, her attorney turned to her and stated quickly, “Do not say another word.”
After hearing about 45 minutes of both Counsels pleading their cases, Judge Palmer ordered that Judge Nancy White’s deposition be reset for 9:00am on January 26, 2007. The case will be heard at the Kendall County Courthouse. It was ordered that Judge White must answer all questions which she did not answer in her depositions urging the Mental Process Objection. Lastly, Judge White is to pay court costs and court reporter costs for continuation of deposition.
To add insult to injury, Judge White’s attorneys advised Judge Palmer that they are appealing his decision to the Circuit Court. Also, Judge White’s attorneys didn’t feel it was fair that she be responsible for the court, court reporter and deposition costs, in which then Judge Palmer summed up the sentiments felt in the court, by stating, “Well if she had answered the questions during the last depositions, we wouldn’t be here today!”
All Tracy Shue asked for was an inquest which has been denied to this day. The question that needs to be answered by Former Judge Nancy White is: How did she find that suicide was the cause of death for Col. Philip Shue???????????
--Submitted by Tracy Shue
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