MarkM.

O'Mara
Board Certified Criminal Trial Specialist
Board Certffisd Wontol and fomiy low Specialist
Gerrified Family and Circjit Civil Mediator

Alyssa Flood
May 12,2017 Carina M. Leeson

Via Federal Express

Office of Governor Rick Scott

State of Florida
The Capitol
400 South Monroe Street
Tallahassee, Florida 32399-0001

RE: State of Florida vs. James Taylor and the Investigation into the death ofRyan Modell

Dear Governor Scott:

I represent Sandy Modell, the father of 32-year-old Ryan Modell, who was gunned down in the apartment
complex where he lived on Old Harmony Drive, Fort Meyers, Florida. While the State Attorney's Office for
the Twentieth Judicial Circuit did look into this matter, a decision was made, 1 believe mistakenly, not to even
present the case to a grand jury. I, along with Ryan ModelFs father, and many other concerned citizens, are
seeking your review of this tragic homicide, with the goal of having this matter reviewed by an independent
slate attorney, and presented to a grand jury, as is appropriate.

On the morning of March 20, 2016, Ryan Modell was sitting on the ground, unarmed, inspecting his badly
injured foot, when Mr. James Steven Taylor exited his home, approached Ryan, and shortly thereafter shot and
killed him. At the time unnecessary homicide, Ryan Modell was living at 17477 Old Harmony Drive,
Unit 102, Fort Meyers, Florida, 33908. Mr. Modell was living in a community of town homes where each
building was set up similarly, painted similarly, and appeared nearly indistinguishable. In the early morning
hours of March 20, 2016, after an evening of light hearted celebration with friends, Ryan Model) walked to
unit 102, in an attempt to go home. Ryan did not realize he mistakenly walked to unit 102 of building 17483
Old Harmony Drive- the same unit number, but a different building. Ryan attempted to enter that unit without
success.

Inside unit 102 of building 17483, Mr. James Steven Taylor was sleeping with his wife Patrice Taylor at the
time Ryan showed up. Mrs. Taylor awakened fsrst, thinking the knocking was the upstairs residents. When the
knocking continued, she woke up her husband Mr. Taylor heard the knocking, and walked to the front door
to look out the shades to determine where iIvt noise was coming from. There was a light on outside the Taylors'
front door, and Mr. Taylor could clearly soe Ryan. Mr. Taylor slated that he tried to verbally communicate
with Ryan, and when Ryan was "...just fa. away enough from the door, uh, that I wasn't afraid that he could
come in the door, I cracked the door to make su:e he could hear me, told him he was in the wrong place, at the
wrong door, and I had a gun[.]"(See, p. 13, Transcript of Sworn Statement of James Taylor #2). Mr. Taylor
alleges that after he told Ryan he was at the wrong door, and that he had a gun, Ryan "rushed" the front door.
Mr. Taylor stated that after he voluntarily opened his front door, after Ryan had started moving away from that
front door, he made Ryan aware of the gun by "...aim[ing] it right at his face."(See, p. 14, Transcript ofSworn
Statement of James Taylor U2).
221 NE Ivanhoe Blvd. Suite 200 Orlando, FL 32804 I office: 407.898.5i51 i fox: 407,898,2468 I omaralawgroup.com
 Office of Governor Rick Scott
May 12, 2017
Page Two

After Ryan supposedly rushed the front door, Mr. Taylor pushed back and was able to shut the front door, and
potentially lock it, stating, "if I did lock it, I obviously would've unlocked it to be able to go back outside."
(See, p. 17. Transcript of Sworn Statement of James Taylor #2). Ryan then, "...disappeared right over here
into the darkness. I open the door. I came out far enough tolook down the sidewalk."(See, p. 16, Transcript
of Sworn Statement of James Taylor)(note, the transcriplionist attributes this paragraph to Det. Erik Hurd,
although it is clearly the statement of Mr. Taylor). Despite allegedly being in great fear, Mr. Taylor left his
front door open, and saw Ryan sitting on the ground holding his foot, which was bleeding. When Ryan saw
Mr. Taylor out near the sidewalk he stood up, at which point Mr. Taylor told his wife, through the open front
door, to call the police. Instead of going back inside, walking away from unit 102, or attempting to get help
from a neighbor, Mr. Taylor opted to remain in close proximity to Ryan. Mr. Taylor next alleges that Ryan
started moving towards him, at which point Mr. Taylor shot Ryan in chest, killing him immediately.

'fhese are the facts of this case, as told by Mr. Taylor. Even when told in in the light most favorable to Mr.
Taylor, his own words, the facts do not justify the shooting death of Ryan Modell. This is not an instance of
self-defense. This is an unjustified homicide.

According to Mr. Taylor, he heard knocking, looked out his window, clearly saw Ryan and watched him walk
far enough away that he felt comfortable opening his front door to communicate with him. After Ryan allegedly
tried to go into Mr. Taylor's house, Mr. Taylor was able to close, and potentially lock his front door. Mr.
Taylor then re-opened his front door to see where Ryan was, supporting the logical conclusion that Ryan was
not clearly visible, not making loud noises, and not presenting a threat. Mr. Taylor then walked outside the
safety of his own home, to find Ryan sitting down in a common driveway looking at his badly injured toe. At
which point Ryan stood up, and according to Mr. Taylor threatened and/or insulted him. Perhaps those were
the actions of an intoxicated young man, sitting in the dark on a common driveway who looks up and sees a
Clock 10mm pointed at his face. We will never know why Ryan stood up at that point because Mr. Taylor
shot him in the chest and killed him.

Mr. Taylor was inside a locked house with at least two phones with which to call for help, muitipie guns, and
multiple rounds of ammunition. At no point during this entire interaction was it ever necessary for Mr. Taylor
to open his front door. Although Mr. Taylor's unit had windows and sliding doors that according to Mr. Taylor
inexplicably do not lock, there is no indication whatsoever that Ryan ever tried to enter the unit through those
points of entry. In fact, the only time it is alleged that Ryan ever tried to enter the unit was when Mr. Taylor
himself opened the front door.

It is important to note that Ryan was in fact at unit 102, the same number unit where he lived. Ryan's fatal
mistake was choosing the wrong building. Even Mr. Taylor acknowledges that the townhomes look similar,
noting the only difference between his property and his neighbor's property was that he was pointing a gun in
Ryan's face on his property.(See, p. 24 Transcript of Sworn Statement of James Taylor #2).
221 NE Ivanhoe Blvd Si.ii'e .djO Oii-imao, FL office. 4(j?.6v6.5 15! fax: 407.898.2468 i omaraiawgroup.com
 Office of Governor Rick Scotl
May 12,2017
Page Three

Despite being safely locked inside his house, and securing that status on a number of occasions, Mr. Taylor
attempts to claim he was in fear. That after-the-fact claim is self-serving, and contrary to Florida law. Mr.
Taylor never needed to open his front door, as he himself stated that the first time he opened the door was after
Ryan was far enough away he wasn't posing a threat; and the second time he opened the door Ryan had
"disappeared into the darkness."

Mr. Taylor never stated that Ryan was physically aggressive toward him or used force against him in any
manner. Mr. Taylor never stated that Ryan ever threatened, used or had the apparent ability to use deadly force
against Mr. Taylor. Mr. Taylor never even stated that Ryan touched him in any way. Nonetheless, Mr. Taylor
decided deadly force was appropriate. At no point was Mr. Taylor reasonable in his claim of threat bodily
injury, and never even tried to claim use of deadly force by Ryan. Accordingly, Mr. Taylor's actions constitute
a homicide.

Due to the above stated facts, as well as the facts contained in the documents provided along with this letter, 1
am respectfully requesting that Ryan Modell's homicide not go unpunished. 1 believe justice requires a review
of this case by an independent prosecutor, and presentation of these egregious facts to a grand jury.

There is a lot of information available in this regard, and my office is just now receiving some of the initial
information from the Sheriffs office. 1 would ask that you have the appropriate personnel in your office contact
me to set up a review process of this information.

Thank you very much for your time, consideration and assistance in this matter.

Respectfu/iy,

^
Mark M.

MMO/kme

Enclosures

221 NEIvanhoeBlvd,Suite 200. Orlando, FL 32804 1 office: 407.898.5151 I fox: 407.898.2468 I omaraiawgroup.com
 Index of Enclosures
1. Transcript of911 call from Patrice Taylor
2. Case Overview and Task List
3. Field Notes, Det. J. McHenry
4. Map by Taylor
5. Detailed Case Summary
6. Summary of Surveillance Cameras at Gate and Pool
7. List of Crime Scene Evidence Collected
8. Sheriffs Office Call Detail Report
9. Call Notes
10. Consent to Interview, Arlene Pouchan
11. Digital Forensics Request Forms
12. Sheriffs Office Crime Scene Entry Log
13. Property List/List ofswabs taken from James Taylor
14. Sheriffs Property Safekeeping Instructions Form
15. Transcript ofSworn Statement of Lauren Adkins
16. Transcript ofSworn Statement of Firefighter Sven Anderson
17. Transcript ofSworn Statement of Justin Berry
18. Transcript ofSworn Statement of Richard Cooper
19. Transcript of Sworn Statement of Jennifer Darnell
20. Transcript of Sworn Statement of Kevin De La Torre
21. Transcript of Sworn Statement of Ragan De La Torre
22. Transcript of Sworn Statement of Deputy Michael Alger
23. Transcript ofSworn Statement of Deputy James Bair
24. Transcript ofSworn Statement ofDeputy Eric R. Marker
25. Transcript of Sworn Statement of Deputy Taylor Morgan
26. Transcript of Sworn Statement of Firefighter Kolin Manning
27. Transcript of Sworn Statement of Firefighter Jeremy Louzao
28. Transcript ofSworn Statement of Keegan Griffin
29. Transcript of Sworn Statement of Suzanne Krug
30. Transcript of Sworn Statement of Hollie Lippmeier
31. Transcript of Sworn Video Interview of Landon Lynch
32. Transcript of Sworn Statement of Landon Lynch
33. Transcript of Sworn Statement of Tim Lynch,#1
34. Transcript of Sworn Statement of Tim Lynch,#2
35. Transcript ofSworn Video Interview ofTim Lynch
36. Transcript of Sworn Video Interview of Sandy Modell
37. Transcript of Sworn Statement of Arlene Pouchan
38. Transcript of Sworn Statement of Sara Ritacca
39. Transcript of Sworn Statement of Sergeant Anthony Perfetto
40. Transcript of Sworn Statement of Jacob Sousa
41. Transcript of Sworn Statement ofPatrick Sullivan
42. Transcript of Sworn Statement ofFirst Interview with James Taylor
43. Transcript of Sworn Statement of Second Interview with James Taylor
44. Transcript of.Third Interview with James Taylor
45. Transcript of Sworn Statement ofPatrice Taylor
46. Transcript of Sworn Statement of Jim Wales
47. Transcript of Sworn Statement of Kevin Walsh
48. Transcript of Sworn Video Interview of Kristin Westlund
49. Sworn Affidavit of Detective Jason McHenry
50. Sworn Affidavit of Detective Aimee Lusk
51. Sworn Affidavit of Sergeant David Lebid
52. Sworn Affidavit of Deputy Brian Kyle
53. Sworn Affidavit of Deputy T. Morgan
54. Sworn Affidavit of Detective Aimee Lusk
55. Sworn Affidavit of Detective Jason McHenry
56. Sworn Interview Summaries:
a. Sergeant Anthony Perfetto
b. Arlene Pouchan
c. Deputy Michael Alger
d. Deputy Eric Marker
e. Deputy James Bair
f. Tim Lynch
g. Keegan Griffin
h. Lauren Adkins
57. Summary of Canvass
58. CD with Relay Call to Lee County Sheriffs Office
59. Video ofInterview with Landon Lynch
60. Video ofInterview with Timothy Lynch and Sandy Modell
61. Video ofInterview with James Taylor and Kristin Westlund