Justice for Denny Petitt
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All in an hour and a half..........
I didn’t mean to kill him” 64 times, “I love/loved my brother” 17 times, “I can’t believe I killed my brother” 38 times, “I’m drunk” 11 times, “defending myself” 10 times. He also stated "it should have been me, I wish it would have been me"
 
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QUOTABLE QUOTES


When reading the following Quotes from Denny’s Interview with the Sangamon County Sheriff’s Department, please keep in mind that Denny is not known to cuss or swear, another sign he was extremely intoxicated.  Denny is and has always been known to be a very respectful person.  Also keep in mind he was in shock and still trying to grasp everything that had just happened.  He and the Detectives don’t seem to be on the same page and Denny seems to be confused often in the conversations, most likely due to the amount of alcohol in his system.  In his interview he said the words “I didn’t mean to kill him64 times, “I love/loved my brother17 times, “I can’t believe I killed my brother38 times, “I’m drunk11 times, “defending myself10 times. He also stated "it should have been me, I wish it would have been me".  This interview was for an hour and a half. 

Denny Petitt: Is my brother dead?


Det. Rodney Vose: We’ll get to that in a just a minute brother, we’ll explain everything that’s going on.


Denny Petitt: Why can’t you tell me now?


Det. Rodney Vose: I’m going to tell you in a couple minutes okay?


Denny Petitt: I love him.  That’s my brother, is he dead?


Det. Rodney Vose: I’m going to be straight with you Denny, yes.


Denny Petitt: He is?


Det. Rodney Vose: Yep.


Denny Petitt: F**k. G****n, I killed him? Oh man, I killed my own brother. Goddamn it. Oh f**k. I killed my brother Tony. G*****n. I didn’t mean to sir. {crying}


Det. Rodney Vose: I know brother, I know that.


Det. Rodney Vose: Deputy Hanson already told you about your rights and everything right?


Denny Petitt: Yeah I got it.


Det. Rodney Vose: I’m gonna read em to you again just so you know. You have the right to remain silent.


Denny Petitt: I am silent.


Det. Rodney Vose: You understand that?


Denny Petitt: Yeah I am silent.


Reverse BAC Level Calculations:

An average person’s elimination/burn off rate of alcohol is 0.015% per hour.


The incident happened around 1:00 am, Denny’s blood draw was around 4:45 a.m with a BAC of 0.167%.


Slow Burn Off Rate:

Assume a slow burn off rate of 0.01/hr. Then if the BAC were 0.167 at 4:45 a.m., it would have been 0.204 at

1:00 am.


Fast Burn Off Rate:

Assume a fast burn off rate of 0.025/hr.  Then if the BAC were 0.167 at 4:45 a.m., it would have been 0.260 at

1:00 am.


Using The Mean Value:

Assume a mean burn off rate of 0.015/hr. Then if the BAC were 0.167 at 4:45 am, it would have been 0.223 at

1:00 am.


Tony's BAC was 0.238.

The jury was never told how intoxicated Denny actually was, no expert was hired to testify to his level of intoxication.





Det. Rodney Vose: Anything you say can and will be used against you in a court of law. Okay?


Denny Petitt: Right.


Det. Rodney Vose: You have the right to talk to a lawyer and have him present while being questioned do you understand that?


Denny Petitt:  I killed my brother.


Det. Rodney: Did you hear what I read you?


Denny Petitt: Yeah, I don’t give a f**k.


Det. Rodney Vose: Okay if you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish, do you understand that?


Denny Petitt: Oh, man, I killed my brother.


Det. Rodney Vose: Do you want me to repeat that one?


Denny Petitt: Man I can’t believe I killed my…..you don’t need to repeat nothing. I can’t believe I killed my brother. F**k. Oh man. I didn’t mean to. Swear to God, I didn’t mean to kill him. I love my bro you know he’s just beating my a**, and I had to fight my way off of him.


Denny Petitt: He beat my a** up.


Det. Rodney Vose: I see that.


Denny Petitt:  I can’t f**king believe I killed my own brother. G*****n it. I knew he was dead when I seen him, I knew he was dead, I knew it. I’ve been to Vietnam and back you know, I knew he was dead.  That officer wouldn’t tell me. I knew he was dead.


Det. Rodney Vose: You deserve to know.


Denny Petitt: I can’t believe I killed my brother. {crying} I can’t believe it. I killed my own brother. He’s dead?


Det. Rodney Vose: He’s dead, yeah he’s dead.


Denny Petitt: Oh f**k, oh my God, my little brother, I killed him.


Det. Rod Vose: There's not any words I can give ya to make any of this go away

or make anything better.

 

Denny Petitt:  No I know it.

Det. Rodney Vose: I'm sorry but.

 

Denny Petitt:  I know it. I knew he was dead. I'm a Vietnam Vet I know when

somebody's dead and when they're not and he was dead. He was dead when

they arrived. I hit him with a f**king oxygen tank. But I done it in self defense.

Look at me.

 

Det. Rodney Vose: I know, that's why we wanna talk to ya.

Denny Petitt:  You know what I mean I did it in self defense I didn't do it ‘cause I

wanted to kill my brother, f**k. {crying} Oh my God. I didn't wanna do it, he

was beating my a** I just, it's the only thing I could do to help myself. F**k. I

hate it I killed my brother, my younger brother. You know what I mean I hate it.

{crying}

 

Denny Petitt: I don’t know man, but I tell you I loved my brother.

 

Det. Rodney Vose: I know buddy.

 

Denny Petitt: I didn’t mean to kill my brother, I loved my brother, I didn’t mean to

kill him. We loved each other.

 

Denny Petitt: I know I killed my brother, but I’m still drunk, so was he, that’s why

he beat my a**.

 

Denny Petitt: I didn’t mean to kill him, I knew I did when I looked at his

forehead, I picked him up told Dave to call 911,  I lifted his head up, I knew he

was dead.  I’ve been to Vietnam and back, I know when somebody’s dead.

{crying}

 

Denny Petitt: I killed my brother, I’ll never live with myself again.

 

Denny Petitt: I’ve seen dead people before {sighing} I wish it would have been me

instead of him, he’s young, he’s 50, I’m 60.  I don’t know, he beat me up, I

never caused it. I can’t believe it. It should have been me, you know, I wished it

been me. He beat his girlfriend up, almost killed her and had no where to go. 

I’ll never live with myself, that’s a hard thing killing your own brother.

 

{Partial Transcript of interview of Denny Petitt on March 30, 2009, approximately 2 hours after Tony’s death, this interview lasted 1 ½ hours}


WITNESS




When reading the following Quotes from the Witnesses interview with Sangamon County Sheriff’s Department please remember that the Witness was also intoxicated. The Witness who had health issues died several months before trial and the statement was not allowed to be used in court. Therefore the jury never heard the Witness’ side of the story.


Det. John Hays: Tell me what happened tonight?


Witness: Tony beat the f**k out of Denny, okay, his brother?


Det. John Hays: Uh-Huh


Witness: Tony laid down on the couch, “F**k you bitch” “F**k you whore”, f**k you this, f**k you that.”


Det. John Hays: Okay and Tony was laying down on the sofa?


Witness: Yes


Det. John Hays: Ok was he awake or was he sleeping or something else?


Witness: He was awake, he’s telling Denny how he’s a f**king d**khead and this and that.


Det. John Hays: Okay, alright, do they often get into some kind of argument or something?


Witness: When they drink hard liquor they argue.


Det. John Hays: Kind of makes em mean?


Witness: Hard liquor comes out of em. Tony actually slapped Denny six or eight times, pop, pop, pop, pop, pop.


Witness: Denny thought Tony was going to jump off the couch an do it again, but he beat him down before he got of the couch. Call it self defense, whatever you wanna call it.


Witness: He took care of business before he got off the couch.


Det. John Hays: Denny thought Tony was gonna get off the couch and do it again?


Witness: Yes, yes.


Det. John Hays: How do you know that, is that what he told ya?


Witness: I seen it.  He thought he was gonna do it again.


Det. John Hays: Did you talk to Denny before the ambulance got here?


Witness: Yeah.


Det. John Hays: Ok, what did Denny say?


Witness: “I killed my brother, bro, I killed my brother.”


Det. John Hays: He said he killed his brother? How was he, was he upset?


Witness: Very upset.


Det. John Hays: Was he?


Witness: “I killed my brother”, kept trying to talk to him, “Tony, Tony, Tony”.


{Partial Transcript of interview of Witness on March 30, 2009, approximately 3 hours after Tony’s death.}