Request for Justice,

It has been over a year now, and my Simran’s killers are walking free without any form of remorse for their heinous crime.  Is this the Justice System that America is so proud of?

In brief: Simran Singh was taken from our home by a marine who had served two tours in Iraq. The last time our son saw this individual (Henry Agmemble) was four years ago. Mr. Agmemble randomly appeared back into Simran’s life. Simran had gone out with Henry the night before for dinner, and returned at approximately 10pm with an unexplained large bruised on his chest area. Agbemble had said that his hands were “lethal weapons” and he was “trained to kill.”

Friday night, Simran and Henry first stopped at an Henry’s home. After staying at Henry’s home for some time, they decided to head to a bar that evening with three other individuals who were unknown to Simran.  Our son was expecting to visit a friend who was already inside the bar, and Mr. Agmemble knew this. Mr. Agmemble acknowledges that he physically forced our son back into Henry’s vehicle against Simran’s will. Sometime between then and crossing Va State Lines, Simran was choked to death. Simran wanted to enter the bar to enjoy the evening with his friend. The bar was hosting a large Indian party, where college aged students from all over the Washington DC area were expected to attend. While driving back the driver (Henry) placed our son in a choke-hold for ten minutes in between the driver’s seat and front passenger’s seat while driving home.  Please note this is not speculation, the driver clearly admitted to placing our son’s neck in a choke hold for 10 minutes in the police reports and the prosecutor’s final report. Mr. Agmemble is also a trained marine/soldier and knows the bounds of his force. After serving two tours in Iraq, he is more than an expert in how much physical force it takes to kill an individual. Henry admitted to choking Simran rather forcefully for the first five minutes, and for the second five minutes Simran began to spit blood and display less movement… until he lay absolutely motionless. At this point, Henry pulled over the car and found no pulse in our Simran.

The autopsy report was finally completed on November 9, 2007 after nearly 14 grueling weeks of delay.  The autopsy report indicates several issues including that our son had over thirty bruises on his body  (some as large as 3”) and he suffered from restraint induced asphyxia (choking) and blunt trauma.  Simran also had a large 3” or so cut/laceration on the back of his head, which to this day has never been explained to us.

The individuals who were with him were detained and questioned by police that night, however, to this day have not been incarcerated.  When the police arrived at the scene on August 4^th, a battle between State Police and County police ensued (as to who would manage the case)… In the midst of this immature brawl, the other individuals in the car including Henry, were not even tested for alcohol levels or drug levels, despite the fact that the State Police reports state: “Possible Scenario- one subject under the influence of narcotics may have strangled the now deceased subject. Our unit will be assisting Arlington County Police with possible homicide.” As it turned out the State Troopers were turned away, and County police took over the case and from the beginning pursued this case in an unacceptable manner.

Despite all of the facts demonstrated above, the County Prosecutor has declined to press charges against Henry or any other individuals.  The statements issued by Mr. Trodden bring tears to the eyes of every mother, sister, and friend. Mr. Trodden is unfairly issues justifying our son’s death and excuse this US Solider from jail time. Our child endured 37 bruises on the head, neck and torso, and was choked for 10 full minutes. YET the individuals responsible are not even being held accountable. I understand the police have it in their right to not charge murder in the first (as there may not have been a particular motive). But what jurisdiction on Earth would not consider (at a minimum) the events that transpired to cause Simran’s death anything but manslaughter or unintentional killing? Would a reasonable person place someone in a chokehold for 10 minutes until he was spitting out blood? No! The 37 bruises and choking for 10 minutes until his blood gushes out is simply, clearly and without a doubt  is an aggressive and brutally offensive attack.

Simran is not here to represent himself so the truth cannot be uncovered unless a more thorough investigation is conducted. If someone is holding anyone’s throat for 10 minutes anyone would be agitated. Kicking and screaming, doing anything to free one’s self with whatever means possible.

Furthermore, Henry was driving on an interstate highway while restraining Simran. That is the most reckless attempt at so called “restraint” that our community has ever heard. Not only did he put Simran’s life at risk (and ultimately killed him), he also put his own and other’s at risk by driving( while intoxicated ) and choking someone at the same time.

The County prosecutor was quoted as saying Simran was restrained by the other individuals “because he had to be”… Everyone in the community is shocked to hear this…does this mean officials are saying Simran had to be killed? There is a huge difference between restraining someone and killing someone.. by not charging these individuals it appears the DA and his entire team is sending the wrong message to the general public that it is okay to lethally harm someone. The whole community feels additional investigation is necessary. There are hundreds of inconsistencies with the stories presented by Henry and his three friends, the Prosecutors investigation, and the County Prosecutors investigations. The only team of individuals who appeared to start this case on neutral and fair footing were the Virginia State Police, who were immediately requested to step aside despite the fact that this murder occurred on a interstate highway and not a county highway. We would be more than happy to elaborate if anyone contacts us.

The entire community is outraged and horrified. Why is this individual getting cut slack??? Is this the America thousands dream of coming to? Where a monster can get away with murdering a promising son, can we call America the land of freedom or the land of torture?

SPECIFICS TO THE CASE:

What is the lead detective hiding?  The Arlington County Police Department was served with a subpoena however; they have steadfastly refused to produce a single piece of documentary evidence.

Why won’t the Prosecutor charge the individuals who took Simran’s life on the early hours of August 4, 2007?  How does one refuse to see the truth and the facts that Simran died by a restraint-induced choke hold that lasted more than 5 minutes and suffered a combined 37 bruises and contusions mostly on his head, neck, chest and back.

Why weren’t x-rays taken to determine if Simran suffered any broken or fractured bones?  The Report of Autopsy claims no fractures or broken bones were found and that but how does one determine this without taking a single X-Ray? The medical examiner apologized for “accidently” marking the that she had done x-rays.

Why has the evidence been tampered with?  When forensic experts examined the car Simran died in, the car had been cleaned and blood once seen throughout the car was no longer there. 

The lead detective withheld information from the family regarding the case, yet was openly disclosing such information to all the possible suspects. When the mother questioned the officer on this subject, he said he could “arrest” her for her statement, but he “forgave” her that time.

The lead detective was encouraging the family to talk to the suspect, because he “feels really bad”. Why was the police acting as an advocate for the suspect’s feelings?

There were NO tests performed upon the other three individuals in the car, although an officer admitted that the individuals smelled of alcohol.

The lead detective is actively refusing to provide the family with a police report, even after a court order was issued by the judge. What are they trying to hide.

The lead detective has provided false information concerning the witnesses in the case. They have coerced statements that the witnesses have actively denied ever giving out.

The lead detective failed to investigate important areas where the victim was said to be seen that night.

November 12, 2007

Internal Affairs Section
Arlington County Police Department
1425 North Courthouse Road
Arlington, VA 22201

To Whom it May Concern:

I am writing on behalf of the Sikh American Legal Defense and Education Fund (SALDEF)[1] regarding the possible homicide of Mr. Simran Singh, who was found in a stopped car on the side of I-395 the night of August 3, 2007.  We are gravely concerned about the professional conduct of Arlington County Police Detective Cupka (#1048) throughout his investigation of this incident and calls for an investigation into the conduct of this officer.

On August 3, 2007 Mr. Singh was found on the side of I-395 in Arlington County, unconscious, bruised on his torso and neck, and with blood coming out of his ear.  In the car with Mr. Singh on the side of I-395 were four other individuals, who had allegedly been with him the entire night, and who were released early Saturday without any toxicology reports. 

When Mr. Singh returned home on the night of August 2, 2007 after being with one of the four individuals, he was visibly bruised around the neck.  From the information we have received, it would appear that Mr. Singh was assaulted at least twice, with the injuries he sustained the night of August 3^rd being fatal.

There have been many troubling statements and allegations made by the Arlington County Investigator to the family of Simran Singh, which have outraged the Virginia Sikh American community.  An example of a few impropriety’s are listed below:

1. Detective Cupka actively denied the parents of Simran Singh the right to see the body of their son on the night of August 3, 2007 in the emergency room. This conduct directly hindered the criminal investigation because he was not identified by the family members.
   1. Simran Singh’s head was found to be shaven when the family saw his body. Simran Singh did not have a shaved head when he left his home earlier that day.  Had the family been able to view the body through the window, vital case information would have been found.

1. Detective Cupka willfully disregarded a statement made by the potential murder suspect to the mother of Simran Singh that, “he [the suspect] would make sure Simran does not go to Canada.” This statement leads directly to criminal intent and was brushed off by Detective Cupka “as a joke.”

1. Towards the beginning of the case, Detective Cupka directly threatened the family and family friends with arrest if they continued to ask questions about the case and their ability to see the body.  

1. Detective Cupka told family members that he would not comply with any court order forcing him to allow the family to see the body of Simran Singh. This led the family to believe that he was trying to hide something in the investigation.

1. On more than one occasion, Detective Cupka has encouraged the family to speak with the murder suspect about the death of their child. This has caused tremendous emotional distress for the family and is improper police conduct during a murder investigation.

1. Detective Cupka willfully and on more than one occasion provided the family with information about the incident and then retracted his statements a few days later, causing grave concern about the integrity of the murder investigation among the family.

1. Detective Cupka has reportedly been providing information about the status of Simran Singh’s injuries and case updates to the murder suspect BEFORE any information is provided to the victim’s family.

This incident has outraged the Sikh American community in the Washington, DC, metropolitan area and across the country. Serious questions about the manner in which this investigation has been conducted remain. 

We hope your office responds to this incident and initiates a formal investigation into the conduct of Arlington County Detective Cupka.