5 Year Old - the Fourth Victim

5 year old calls 911
I just heard a copy of this tape and it is heart breaking -- but, this five year old's heartbreaking call after finding his parents died may not be the worst part of the story.

NEW SMYRNA BEACH -- 'I think they're dead.'
With those words, 5-year-old Tia Hernlen described finding the bleeding bodies of her mother and father to a Sheriff's Office dispatcher early Monday morning.
Thirty-one year old Julie Hernlen was dead in the bedroom of the family's Ellison Avenue home. Her 29-year-old husband, Aeneas, was critically wounded. Both had been shot multiple times.
Volusia County sheriff's investigators believe the couple were the victims of David Edward Johnson, 33, whom they had accused of stalking them because he believed they had turned him in for drug activity.

The shooter/killer went on to kill himself in his house -- it was discovered that he felt the child's parents had turned him into the police, but per police they had not... Further, the parents had attempted to get a restraining order but a judge ruled against it.

Third victim in murder, suicide dies

Deputies said Johnson shot the Hernlens because Johnson believed the couple had turned him into law enforcement when he was arrested and charged with growing pot and possession of steroids in November. Sheriff's investigators have said the Hernlens had nothing to do with Johnson's arrest. The couple tried to get an injunction against Johnson, 33, in January. The Hernlens claimed Johnson stalked them by driving in front of their residence and making threats.
Looking back on it, Circuit Judge Richard Graham said he is "remorseful and upset" he did not approve Julie Herlen's request for an injunction against the man accused in the shootings.
However, the family law judge questions if it would have done any good.
Graham, the judge assigned the case, denied the request, saying "no violence was alleged and it was hard to prove stalking with the allegations" presented, according to court papers.
The next day, the Volusia County Sheriff's Office filed an aggravated stalking complaint against Johnson based on the same allegations. Johnson was awaiting trial on those charges when the shooting occurred.
"Looking back on it I would have liked to have done it differently," Graham said by telephone Tuesday. "But you review each case on a case-by-case basis."
He said while there was a possible threat of violence, at the time he did not believe the probability was there that Johnson would carry it out.
"But that is in hindsight," Graham said.

I confused by this whole restraining order deal! I mean there was not enough evidence. If I am willing to take the time and incur the expense of getting a restraining order because I do not want someone around me and the plaintiff fights it -- is that not proof enough that there might be an issue. Theoretically I don't like the plaintiff, don't want him around, yet the plaintiff still wants to be able to get close to me -- that would be enough for me. Please any lawyers out there explain why it might be so difficult to get a restraining order... Don't get me wrong I am not imply that the restraining order would have saved their lives -- could it have, maybe but doubtful -- I am just pointing out the lengths the courts go to protect the obviously ill intentioned [IMO] to be politically correct.

Three people died in this tragedy -- but there were four victims -- let us not forget the child!