- Posted July 26, 2012 by
This iReport is part of an assignment:
Nick Kaelber shot and killed by Fairfax County Police
My question to the detective of what legal reason the officer had to approach the boys was answered "because of the stocking masks" and when I told him the boys commonly wore the ball caps, he glazed over the comment and continued with the story.
He said some time later in the evening they were able to locate Edguardo's car and that the doors were unlocked and the windows were partially down and inside were the boys wallets and other belongings. He said this is a common practice for criminals wanting to make a quick get a way.
My son's 20 year old widow, Gisela, was able to contact Edguardo on Facebook and he told her was coming over to our house on Friday July 20 to tell her his version of what happened. He did not show up and several days later I was able to contact his mother who informed me that Edguardo had been arrested on July 20th for being an accomplice to an armed robbery they claim Nicholas had committed the previous month. Blanca Vasquez, Edguardo's mother told me the police referred to the complainant as a prostitute.
Blanca Vasquez via phone conversation in the jail told me her son said on the night of the shooting, both he and Nick were wearing ball caps on backwards and had come from a 711 nearby when approached by the cops. He said they did not refuse to show ID but said they had left it in the car. Nick had gotten mad at the officer's approaching them and said, "what? We can't walk on the sidewalk now?" and at that point the officers rushed Nick. He said he never saw a gun on Nick until the scuffle with the police and that the gun was in the abdomen area and that both Nick's hand and the officer's hand were near the gun. Edguardo claims he did not have a knife and they were not doing anything illegal when approached.
At this time Edguardo Ferafino has been denied bail, did not have an attorney until July 25, and his mother was told he could not use the phone any longer. She was told he might have visitation privileges on Friday, July 27. Blanca Vasquez said that the only incident he knows about last month is when he dropped Nicholas at a friend's house and when he returned to pick him up, that Nicholas was angry because the female friend had stolen some of his belongings and that he might have to report her to the police. My husband and I can not locate Nick's Tablet and after reviewing the bill we noticed that the usage had quadrupled in the last few weeks. We can not locate it and we feel this is the item the female took and that she made the robbery claim on Nick and Edguardo to get them in trouble before they reported her to the police.
In regards to the above statement we find several things disturbing:
It took over 15 hours to notify us of Nicholas' death. My husband and I feel this time could have been used by police to construct a scenario more favorable to the officers involved and for them to assemble evidence such as these so called "stocking masks" and building and reinforcing the possibility that the two boys are common criminals.
Both boys commonly wore the ball caps turned backwards and we believe the officers mistook these ball caps for stocking masks and after approaching them didn't want to back off. My son was prematurely bald and pretty much always kept his head covered.
Detective Murphy described the masks as those commonly worn by burglars or those about to commit a crime because they would easily cover the face...he never mentioned color or brand.
The detective seemed surprised when I mentioned the ball caps as if it never occurred to him that the head covering could be anything other than a stocking mask, which we feel shows he had predetermined the boys where about to or had committed a crime.
Edguardo, through his mother Blanca, claims they were wearing ball caps, and did not refuse to show ID, they were not given a chance and that no knife was found on him.
Edguardo also told her he never saw a gun on Nick until he was already in the scuffle with the officer and that both Nick's hand and the officer's were near the gun.
In summary, the witness to an officer involved shooting and killing has been conveniently locked up and sequestered from talking to anyone about his version of the night. This stems from a complaint the police told Blanca Vasquez was a prostitute. Edguardo is extremely traumatized and we fear for his safety and life.
The detective has been on vacation for over a week and no one in his office will return our calls or answer our questions about What Legal Right Did The Officer or Officers Have To Approach?
My husband and I granted an interview with Shomari Stone with nbc4. In the airing dating July 25, 2012 they chose to bring up Nicholas' "criminal past" stating in January he was found with a missing 14 year old girl and that police found pornographic images on his cell phone and that his first court appearance would have been in 5 months. The truth that the reporter overlooked was that this happened in Jan. 2011 and that the girl sexted the pictures to the phone. The charges were dropped and Nick never went to jail and was never placed on probation. This was finalized in December 2011. The reporter got his information from the police and chose not to check and verify the facts. This aired just as we feel the local police hoped it would, by putting Nick in a bad light, and that he was a gun toting thug. Where is the proof and vindication that a 21 year old young man deserves?
For over two years prior to his death Nicholas was routinely pulled over by Prince William County Police in Woodbridge, VA for violations such as stopping too long at a stop sign, tail lights out when they were in working order and the incident with the girl was even more of a civil liberties violation..she had been in our house for several hours with myself, husband, two daughters, ages 28 and 18 and 20 year old friend of Nick's. None of us suspected she was a minor and presented herself as a 19 year old. Nick and the girl left here about 2:45 am to pick Edguardo up from work. They stopped to get food and were eating in a parking lot when surrounded by cops who told a magistrate they smelled marijuana....there were not drugs or alcohol and no sexual contact. We have a receipt from McDonald's that put them at the drive through at 6:28 am and the cops told the magistrate it was 5:00 am. They have embellished and exaggerated every incident to garner an arrest. Another arrest involved Hookah they claimed was drugs and the toxicology report verified Hookah.
There has been ongoing harassment of Nick Kaelber and Edguardo Ferafino and this is another incident.