On September 11, 2007, Shawn Juntunen (age 18), was being repeatedly harassed by acquaintances and friends. After repeated arguments, two groups agreed to meet to talk.
- the victim Timothy A. Bergman, accompanied by four of his friends
- Shawn was accompanied by two of his friends
Words were exchanged and an altercation occurred, when Shawn was punched through his vehicle window.
A fight then ensued Shawn was losing and was being hurt, as was stated by victims friends in messages left on shawn’s page.
Shawn kicked the victim off, and said he had enough, and began to retreat to his car.
As he walked to his car, the victim came running up from behind him and jumped on his back, putting him in a choke hold.
Shawn became panicked as he couldn’t breathe, gasping for air, and he reached into his right front pocket to retrieve a pocketknife
Shawn had the knife for various innocent reasons, such as fishing or even fixing speakers as he was doing earlier on September 11, 2007).
After reaching for his knife, he reached across the front of his own body and quickly jabbed the victim to get him off in fear of his own life, who later died.
Shawn was charged with 2nd degree murder.
Shawn was wrongly told by his attorney that he was facing life if he did not take plead guilty, so he plead guilty and was sentenced to 15 years in prison.
This was a fight from which Shawn had retreated, so he had a good case for self-defence.
This is not justice, it is using the threat of life-imprisonment to force a guilty plea.
From petition at https://www.change.org/petitions/info-pambondi-overturn-or-exonerate
In September of 2007 the lives of two families were changed forever. September 11, 2007 was a normal day for our family. Later that night and early the next morning things were changed for the rest of our lives. My son, Shawn Juntunen, was being repeatedly harassed by some acquaintances of his. Some actually he considered his friends. Words were repeatedly exchanged between my son and the other people who kept calling him and instigating him to want to meet . The victim accompanied by four of his friends and my son accompanied by two met up after agreeing to talk about the situation. Words were exchanged and altercation occurred, when Shawn was punched through His vehicle window..
While a fight then ensued Shawn was losing and was being hurt , as was stated by victims friends in messages left on shawn’s page , he kicked the victim off of him said he had enough ,as he knew at this point he was not going to come out of situation in a good state and began to retreat to his car. As he walked to his car, the victim came running up from behind him and jumped on his back, putting him in a choke hold. Shawn became panicked as he couldn’t breathe, gasping for air, Shawn reached into his right front pocket to retrieve a pocketknife, (which Shawn always had in his possession for various innocent reasons, such as fishing or even fixing speakers as he was doing earlier on September 11, 2007). After reaching for his knife in his panicked state and still not being able to breathe, he reached across the front of his own body and quickly jabbed the victim to get him off in fear of his own life. Unfortunately, a life was lost as a result of this altercation.
While Shawn was being interrogated by the police, he was finally notified of the victim’s death. Shawn was clearly distraught about this and even writing an apology letter to the victim’s family requesting to go the funeral, all while sitting in police station. Even telling the detective,” I can’t believe I killed my friend”. A person of a depraved mind does not do that. The detective questioning Shawn had the CSI take pictures of the marks on his neck that clearly showed he was being choked, also noted by the redness in his eyes, indicative of having been choked. However, the detective never asked about the injuries, to open the door for Shawn to explain how they were derived . Then, when Shawn found out from the detective that he was being charged with 2nd degree murder, Shawn asked the detective, “isn’t this self defense?”, he was told no, second degree murder. The detective continued to say, “Self defense is if you were minding your business and all of a sudden you were attacked. When in actuality, Shawn does fit the definition of self defense under statute 776.012 (Justifiable use of force- the use of force in self defense) and also under statute 776.013 (3) also known as Florida’s Stand Your Ground statute. Shawn was clearly defending himself and had no intention of killing anybody. Someone who writes a letter of apology immediately after finding out about the death and writing a letter of self defense to explain his actions, is not one of a depraved mind or has no regard for human life- which is what Florida state law for second degree murder states. Also, Shawn should not have been prosecuted for his actions based on statute 776.032- which states that in the act of self defense you are immune from criminal and civil prosecution. This is were the Detective should have kept an open mind and unbias opinion as its not their personal opinion that should get in the way of a true and accurate synopsis of the events .
Other than this according to the coroner report and a well known forensic expert, the victim had ten times the therapeutic dose of Oxycodone in his system as well as Tramadol. As well as the CSI took pictures of Shawn’s jeans with blood droplets on the back of them, indicative of Shawn’s statement of being attacked from behind. The state’s witnesses were all deposed and none were consistent with the entire scenario. The statements were all inconsistent, except one consistency, that Shawn had come up behind the victim and stabbed him in the back or the side, depending on the witness. However, this is clearly impossible as the wound was in the lower left chest, between the sixth and seventh rib region. Again with forensic experts , the wound would have had deviation with two bodies in motion , which there was none.
Along with the state’s witness inconsistencies; there were many errors and inconsistencies on the police department and 911 dispatcher’s part too. The narratives of some of the officers do not match up with one another. The CSI who took photos of the area, as well as casting the tire marks of Shawn’s truck did not find the knife supposedly used in this stabbing that day and several days passed, as scene was unpreserved and while numerous officer’s ,k9’s and man hours were spent canvassing the scene area and surrounding areas . However, days later when, Shawn wrote a letter for attorney giving a general location possibility , police went back out to canvas for the knife, it was found right next to the tire marks that were casted, how could this have been missed the first time and for 2.5 days as well the crime scene was not preserved for the 2.5 days before the letter was furnished through counsel via Shawn , would a murderer help the police department locate the weapon, if it were to damage him , let alone Shawn nor his counsel never saw the supposed knife was never sent back from FDLE ? And this was never tested for DNA to see if in fact it was the knife used. Another questionable act of the CSI is that the police narrative was 1/31/08, months after the incident, however a few days before her own deposition. Also, the 911 reports state inaccuracies. One of the biggest mistakes on their part being that they had one of their 911 dispatchers logged into another dispatcher’s computer. This dispatcher had a deposition in which she states that they are frequently logged onto others computers. Checking in with another 911 operator, we were told this doesn’t happen at all. As well in her deposition she states she dispatched nobody ? Actually it is considered to be a huge mistake if someone is logged in as another dispatcher.
On top of all this, Shawn’s own paid attorney Scott Richardson did not disclose all information to Shawn. From the beginning Shawn was out of the loop as to what was going on. Mr. Richardson told Shawn in the beginning that he was facing 26 years then when a plea came his way told him he was facing life if he did not take the plea. He did not show Shawn the score sheet, which is proof that he was not ever facing life. The score sheet shows that Shawn scored out at 328 points, in order to have faced life he had to have a score of at least 363 points. He was never shown this sheet and his attorney did not inform him of it or what his points meant. His attorney also only came to see him every 6 months if that. It is also very coincidental that this same attorney was soon to be named to the state attorney office as chief counsel( to be precise 3 weeks later ). Could it be that he was rushing to get a case over with? We will never know for sure, but what we do know is that he did say on 12/31/08 that the state wouldn’t offer a plea or one that he would recommend. However, this was not true because he later told Shawn he had to take this plea or risk life. Soon after it was released that he would soon be part of the state attorney’s office. He has been known to be a defender of police misconduct and recently an officer who he was defending; after he went to the State Attorney’s Office the charges against the officers were dropped, after he initially took defense information and tried to prosecute said officer .
The people involved in Shawn’s case, the state’s witnesses were also a part of a very coincidental home invasion the very next day. The person filing the report was the very same witness that had drugs in the car with him that had driven Victim to fight and along with the drugs , weapons & two male shirts , car had been seized as well as all contents, including drugs , that did not belong to him , same drugs that were in the system of the victim in very high amounts. What was reported stolen were the cell phones( Except for one) and the prescription pills that were in the car of the victim, Officers , especially involved in Shawns case the evening earlier should have put this together , that this in fact was staged to get a police report to get a new script to replace ones in vehicle. One of the cell phones that was reported stolen was the number that appeared as the one that called 911 on Shawn’s case ,according to CAD report. However that person was never to be reported at the scene, But an Officer Theiry , states in CAD report that he was leaving suspect Shawn with other officers and called in a suspicious vehicle at 2:23 a.m with two white males , no shirts driving by scene slowly and he is going to persue them , he pulls them over in a neighboring neighborhood , calls in tag and make and model of vehicle but does not report or call in any names, However this is on CAD , but he fails to put this in his report , someone is hiding something or someone . The very two people that were in the area the night of Shawn’s incident is the one and same victim who claimed his prescription pills were stolen during home invasion on 13th , less than 22 hours later , and his cell phone matching the very number that called on the 12th for Shawn’s scenario .We did have that tag ran and it did in fact belong to that particular victim of the robbery claiming script and same phone & it came back belonging to that , young man’s, brother’s then girlfriend, coincidental I think Not .Also coincidentally the individual they employed earlier that day after being at station and asked for him to summons help in committing the invasion to do this in now serving a term as well , so two men with no criminal history , fell prey to several drug induced individuals whose records are longer than one’s forearm and had a very criminal intent in their actions . These people got away with the home invasion and seem to have a very important part of the case taken away the very next day.
All of this in total makes for Shawn’s case of self defense. He did not intend to go there to fight and the people that were ganging up on him did. He was in fear of his own by being choked. He never got the chance to prove his self defense, as stated the detective obviously saw injuries to summons CSI to come and photograph , so he was bias in his opinion already before interrogating Shawn and did not do what a good, honest Detective should do and that is to keep an open mind and complete a full investigation , one which would have been , to ask hey son , how did those marks get on your neck? Shawn being deprived of sleep for over 36 hours, of an age of 18 ( as judge quoted ) ” we expect that individuals just because they are of legal age now have the mentality of an adult” Shawn knew nothing of self defense or Stand your Ground and the detective did and knew what signs to look for and the signs were clearly there .. Please help Shawn Juntunen regain his freedom! If anyone was defending their own life it was Shawn!What would have been your action if someone drug induced and had enormous strength , due to the drugs in their system, you could not free yourself , put you in this position to die from lack of air or take the only tool on your possession and use it to free yourself?
Official website: http://www.standingupforshawn.com/
Facebook page : https://www.facebook.com/groups/freeshawnjuntunenflsyg/