Vortex revisited

[ucfdiver]

Legal tort. If the staff had knowledge that he was diving the cave and did not make a reasonable effort to stop him, that could result in big dollars paid out to family. If he was found, deceased, by diving staff, before people started diving, or after (end of day) turning this into a "didn't happen" event would not be difficult considering the logistics and equipment available to them. Google the late owner and his history, maybe not too far fetched. My money is here and don't be surprised if the wheels start turning now. After about week 2 in this incident my theory went from hoax to cover up. Money is quite a motivator when you stand to lose a large amount.

I would guess that the gate being locked and the sign being there, on top of the fact that he was diving at night to avoid the staff would be sufficient. Who knows though, with how the legal system works these days.

 

[Kevin Carlisle]

All I can say is DAMN. This is going on 2 years this August and now we have a confirmed death of the owner and some nut calling for people not to be afraid of Lowell Kelly. I dont personally believe he died there but who knows. Ben got himself in deep in whatever he was in. We may never know the truth of where he is but we do know where he isnt and that is because of a lot of talented and qualified divers. Vortex is pretty much jinxed IMO.

 

[Mark Michaud SELAUSAR]

I would guess that the gate being locked and the sign being there, on top of the fact that he was diving at night to avoid the staff would be sufficient. Who knows though, with how the legal system works these days.

He was also diving during the day, in pics we have seen he is in "cave dress", also a video on you tube in the cave. It would seem no one made any effort to intervene and tell him not to do that.

Years ago, after a parade, an extremely drunk person walked in front of a car in an open street and was injured, but not seriously. Since I didn't cite her for crossing illegally she was paid $200,000. I was very clear that she was at fault, crossed illegally, and intoxicated. Didn't matter because I didn't cite her.

Civil and Criminal courts are worlds apart. In this case, the perceived suit may have been enough. Florida has some pretty strong "diver is responsible for their actions" laws, but as the owner has not been in the industry very long, who knows what may have motivated his thinking?, if my theory is on the money.

After 20 plus years as an officer, and many on the traffic homicide unit, I don't think Ben took off and is hiding. There are some things I have found out, from people who have dived there recently (and talk at Vortex) that adds weight to my thoughts on this. I have shared those things with the ones who can get tings done in this matter. Hopefully someone will get to the bottom of this so Ben's parents can close this chapter of their life.

 

[Cave Diver]

He was also diving during the day, in pics we have seen he is in "cave dress", also a video on you tube in the cave. It would seem no one made any effort to intervene and tell him not to do that.

If memory serves, that video showed him in the part of the cave prior to the gate. As I recall, people of all skill levels and training venture through that part of the cave with no intervention. No reason he should be any different. The issue only comes into play if he dove beyond the gate with knowledge of the staff and no one attempted to stop him.

When this unfolded initially, I was told by someone that an employee was aware that he circumvented the gate and gave him access, presumably to make it safer if he was going to get around it anyway. IF that is true, then I could definitely see a liability there.

 

[SuPrBuGmAn]

There is/was also two seperate grounds to enter Vortex Springs. Both private, one run as a for-profit dive site, the other allowed diving from the premises without oversite.

 

[Heath Sapp]

Marked

 

[Kevin Carlisle]

If memory serves, that video showed him in the part of the cave prior to the gate. As I recall, people of all skill levels and training venture through that part of the cave with no intervention. No reason he should be any different. The issue only comes into play if he dove beyond the gate with knowledge of the staff and no one attempted to stop him.

When this unfolded initially, I was told by someone that an employee was aware that he circumvented the gate and gave him access, presumably to make it safer if he was going to get around it anyway. IF that is true, then I could definitely see a liability there.

That is a true statement as told to the authorities. Eduardo and some other guy were coming out when he went in and Eduardo said he wasnt comfortable locking the gate knowing that Ben had tampered with the gate so he could access it anyway.

As BuGmAn stated, there was two access points. I still have a lifetime pass given to me by Doc's daughter to dive from his side of the property without having to pay at Vortex. I could have easily got in and out of the water and not been seen on a camera. I dont think anyone could have removed a body without it being seen on camera from Doc's house. They didnt have ANY access, actually had restraining orders from it and the Dockerys were home during this. With the bitter fallout between current owners and the Dockerys they knew when anyone come close to their property.

As SPD says, I dont think Ben staged a disappearence. However I dont believe he died on site either just a bunch of non substianted rumors from Aliens to cave collapse. It would be nice to know just what is on the cameras that hit the water. It probably makes more sense to SPD since he has been a Police Officer for a long time, I think with only two people there that could dive down to remove a body and those two took and passed polygraphs that its unlikely that happened. Lowell kelly had a lot of resources and could get a lot of things done, but he didnt have a supply of cave divers or cave divers that would assist in a crime like hiding a death.

 

[mike_s]

With the bitter fallout between current owners and the Dockerys they knew when anyone come close to their property.

so what happens to the Vortex property and operation now that Lowell Kelly is deceased?

I can't remember the details, but I remember someone saying something about if they payments weren't made, the property would revert back to the Dockery family. (Note this is hearsay and not anything I've see in writing).


edit/note: Note I heard this a couple years ago when they were fueding abot the "land reverting back to the Dockerys". this is not anything recent or to imply that payements are behind or are not being made. Don't want to start any more rumors on old info.

 

[Kevin Carlisle]

That is my understanding too Mike.

 

[mike_s]

Looks like they are investigating Lowell Kelly's death to determine if it's "more than an accident"



Questions remain about Lowell Kelly's death | kelly, lowell, friends - Northwest Florida Daily News



[h=1]Questions remain about Lowell Kelly's death[/h]
January 25, 2012 7:30 PM

TOM McLAUGHLIN / Daily News



A church full of friends and relatives said goodbye Tuesday to Lowell Kelly, a sometimes controversial heir of Destin matriarch Mattie Kelly.
Kelly, 59, died last Friday, but had been on life support after he was discovered Dec. 3 badly injured at a home he owned in Ponce de Leon.
A graveside service was canceled, friends said, because an autopsy will be conducted as the Holmes County Sheriff’s Office continues to investigate the circumstances of Kelly’s death.


“We got one story” about what happened Dec. 2, according to Glenn Hess, the state attorney for the 14th Judicial Circuit that includes Holmes County, indicating questions remain in the case.


The official story about what happened to Kelly has not changed since the day after the incident.
At that time, Holmes Sheriff’s Office Capt. Harry Hamilton told the Daily News that Kelly was at a party Dec. 2 at Vortex Springs, a recreational park that he owned, when he fell down a set of stairs and hit his head.


Holmes said someone he declined to identify brought Kelly to his home in Ponce de Leon, helped him shower and left him overnight in the bathtub covered with a blanket.
“The following morning Kelly was found and his condition had worsened,” Hamilton said a week after the incident. “EMS was called and he was transported.”


Hamilton declined to say who discovered Kelly at his home.


Kelly was taken to Sacred Heart Hospital in Pensacola. His condition never significantly improved; he was placed in hospice care and died Friday.
Efforts to find out more about the Kelly case were stymied by the Sheriff’s Office and the state attorney’s office.
The Daily News has tried for weeks to get a copy of the incident report, which Florida law recognizes as a public record that must be released upon request.


Hamilton declined, claiming that the document was part of an open investigation and contained information that would harm that investigation.
Hess also refused to release the document, saying that since no arrest had been made in the case, the incident report was not a public record.
Barbara Petersen, president of the First Amendment Foundation, the leading open records proponent in Florida, confirmed again Tuesday that incident reports are public records.


Petersen cited State Statute 119.07(3)(d) and a Florida Attorney General’s opinion, both of which the Daily News has presented to Holmes County authorities.


“An incident report doesn’t meet the definition of criminal intelligence. It’s not criminal investigation information,” she said.
“It’s quite clear.”


She said Hess’ rationale for denying the incident report to the newspaper was “ridiculous.”


But Hess continued to resist turning over the report. He said he wanted to hear from Petersen’s attorney.


“I don’t agree with what an incident report is,” the former judge said. “This is an active investigation.”


Pam Gleason with the Florida Attorney General’s Office, to whom Petersen referred the Daily News, was out of the office Wednesday.
The lack of information about the case has led Kelly’s family members and friends to question the investigation and circumstances leading to Kelly’s death.


“This case needs to be investigated thoroughly,” said Frank Barnes, a friend of Kelly’s.


Because Kelly died at Sacred Heart Hospital in Pensacola, his autopsy will be conducted by Andrea Minyard, the medical examiner for the First Judicial Circuit.


Bill Eddins, state attorney for the circuit, whose office holds joint jurisdiction with the 14th Circuit because Kelly died in Pensacola, said he hopes the autopsy will shed some light on Kelly’s death