The mysterious death of John Wheeler

According to Wikipedia, "John 'Jack' Parsons Wheeler III (December 14, 1944 – c. December 30, 2010) was a chairman of the Vietnam Veterans Memorial Fund, senior planner for Amtrak (1971–1972), held various positions at the Securities and Exchange Commission (1978–1986), chief executive and CEO of Mothers Against Drunk Driving, consultant to the Mitre Corporation (2009–death), member of the Council on Foreign Relations, and a presidential aide to the Ronald Reagan, George H. W. Bush, and George W. Bush administrations, and also held numerous other positions in the US military, the US government, and with US corporations."http://en.wikipedia.org/wiki/John_P._Wheeler_III#Death

According to Slate, "Some facts are relatively straightforward: On Dec. 26, Wheeler apparently boarded an Amtrak train from New York to Washington. Two days later, he hopped back on the train to Wilmington, Del., a 20-minute drive from the family's home in nearby New Castle.
"Then things get hazy. At 11:30 p.m. the night of Dec. 28, firefighters discovered a smoke bomb in the half-built house across the street from Wheeler's house in New Castle. The new home has been the subject of a long-running dispute between the Wheelers, who moved to New Castle in 1999, and the owners of the property, Frank and Regina Marini. The police haven't named Wheeler as a suspect in the smoke bomb incident. But local news organizations have reported that police found Wheeler's cell phone in the new house.
"The next morning, Dec. 29, a cabbie picked Wheeler up at the Amtrak station in Wilmington and dropped him off about 12 blocks north. He was then off the radar until 6 p.m., when Wheeler stopped by a pharmacy near New Castle called Happy Harry's. He asked one of the pharmacists for a ride back to Wilmington. The pharmacist offered to call Wheeler a cab, but Wheeler declined and left. Nonetheless, he somehow got to a courthouse in Wilmington, where he told a garage attendant that his brief case had been stolen and he was looking for his car. (His car turned out to be at the Amtrak station three blocks away.) The video of Wheeler shows him walking back and forth along the halls of the garage, holding one of his shoes in his hand. Wheeler seemed confused, according to a parking lot attendant he spoke with."

Adds Slate, "What happened next is the big question. Wheeler's body was first discovered coming out of a dump truck at the Cherry Island Landfill in Wilmington by a spotter, there to keep an eye out for hazardous waste. The spotter called the Wilmington police, who then phoned the Newark police, since the truck's route originated in their jurisdiction. The cops quickly ruled Wheeler's murder a homicide. But if police know how Wheeler got from Wilmington to a dumpster 13 miles away along the Newark truck route that leads to the landfill, they're not saying."

Wikipedia offers, "According to the Washington Post, Wheeler was sighted on December 29 at the New Castle County courthouse parking garage, disoriented and wearing only one shoe, as the other was ripped. Wheeler, attempting to gain access to the parking garage on foot, claimed that he wanted to warm up before paying a parking fee. (Police later determined that his car was not actually in the parking garage, but rather at a train station.) Wheeler explained to the parking garage attendant that his briefcase had been stolen and repeatedly denied being intoxicated. It is also claimed that, on December 29, Wheeler asked a pharmacist for a ride to Wilmington and "looked upset." The pharmacist offered to call a cab for Wheeler, at which point Wheeler left the store."

The Associated Press reports today, "The News Journal of Wilmington reports that crime scene investigators spent about three hours inside the home of John Wheeler III on Tuesday in New Castle and left with a large paper bag and several manila envelopes. Newark police spokesman Lt. Mark Farrall would only confirm that investigators were at the house."

The Newark PD press release of December 31 reads as follows:

SUBJECT: Newark Police Investigating Body Discovered at Wilmington Landfill
The Newark Police Criminal Investigations Division is currently investigating the case of a body being discovered at the Cherry Island Landfill on 12/31/2010. At approximately 9:56 am the Wilmington Police Department was called to the landfill to investigate a report of a body being dumped out of a Waste Management refuse truck. The subsequent investigation by WPD revealed that all of the stops that the Waste Management truck made occurred in the City of Newark. Newark Detectives then became involved in the investigation.
The Delaware Medical Examiner’s Office conducted an autopsy on the victim and ruled the death a homicide. The identity of the victim is not being released at this time, pending the notification of kin.
Based on information learned during the autopsy, it is believed that the body was not in the dumpster for a long period of time. All of the pickups made by the refuse truck were of dumpsters. The first pickup of a dumpster was at 4:20 am on 12/31/2010. Due to the body’s position/location in the refuse truck, it appears that the dumpster was emptied at the beginning of the route. Anyone seeing suspicious or unusual activity in the early morning hours of 12/31/2010 near the below listed locations is asked to provide that information to police.
The locations of interest are as follows: 1. WSFS Bank, College Square 2. Newark Library, Library Avenue 3. Gardens of White Chapel, White Chapel Drive 4. Hudson State Service Center, Ogletown Road 5. Newark Toyota, Marrows Road
6. McDonald’s, E Main Street 7. Attila Wings, E Main Street 8. Newark Emergency Center, E Main Street 9. Bing’s Bakery, E Main Street 10. Goodwill, Newark Shopping Center

SUBJECT: Body found at landfill identified
The Newark Police Department is releasing the name and a photograph of the victim discovered at the Cherry Island Landfill on 12/31/2010.
The victim has been identified as 66 year old John P. Wheeler, 3rd of the 100 Block of West 3rd Street, New Castle, Delaware.
The Newark Police Department is asking for the public’s assistance regarding the whereabouts of Mr. Wheeler from Tuesday, 12/28/2010 through Friday, 12/31/2010. Anyone with information is asked to contact Detective Nicholas Sansone at 302-366-7110 ext. 135 or Nick.Sansone@cj.state.de.us. You can send an anonymous text message tip by texting 302NPD and your message to TIP411. Information can also be provided anonymously to Crime Stoppers at 1-800-TIP-3333, where a reward may be available.

The PD's most recent update is from way back on January 7th:

SUBJECT: Updated to John P. Wheeler, 3rd Homicide Investigation
The Newark Police Department has obtained surveillance video that captures Mr. Wheeler exiting the Nemours building via the 11th Street exit. After exiting the building Mr. Wheeler begins to walk southeast on 11th Street past and through the Hotel DuPont valet parking area. Mr. Wheeler continues southeast and crosses over Market Street and is last seen in camera view at 8:42pm walking on the west sidewalk of 11th Street.
In this video Mr. Wheeler is wearing dark colored pants and a dark blue hooded sweatshirt with the hood worn over his head.
The Newark Police Department is interested in any information regarding Mr. Wheeler’s whereabouts after 8:42pm on December 30th, 2010.
Anyone with information is asked to contact Detective Nicholas Sansone at 302-366- 7110 ext. 135 or Nick.Sansone@cj.state.de.us. You can send an anonymous text message tip by texting 302NPD and your message to TIP411. Information can also be provided anonymously to Crime Stoppers at 1-800-TIP-3333, where a reward may be available.

Surveillance video captured Wheeler looking confused and disoriented on December 29th. http://abcnews.go.com/GMA/Report/video/jack-wheelers-final-hours-found-surveillance-12570668

In November, Wheeler and his wife filed a lawsuit against a neighbor, naming too the City of Wilmington. Here's the complaint in that case:

Chancery Court of Delaware.
Katherine KLYCE and John P. Wheeler, III, Petitioners,
v.
Frank A. MARINI, Regina P. Marini, City of New Castle Delaware, Mayor and Council of the City of New Castle, Delaware, Historic Area Commission of the City of New Castle, Delaware, and Jeffrey A. Bergstrom, as Code Official of the City of New Castle Delaware, Respondents.
No. 6010-CC.
November 22, 2010.

Verified Complaint

Bayard Marin, Esquire, Bar ID # 642, The Law Offices of Bayard Marin, 521 West Street, Wilmington, DE 19801, (302) 658-4200 (phone), (302) 658-9075 (fax), Bmarin6655@aol.com.

Petitioners Katherine Klyce and John P. Wheeler, III bring this action for preliminary injunction and a temporary restraining order against the Respondents as follows:


THE PARTIES

1. Petitioners Katherine Klyce and John P. Wheeler, III are residents of the City of New Castle, New Castle County, Delaware, residing at 108 West 3rd Street New Castle, DE 19720.

2. Respondents Frank A. Marini and Regina P. Marini reside at 410 Snuff Mill Hill Road, Hockessin, DE 19707. Frank A. Marini and Regina P. Marini own a lot located at 101 West 3rd Street in the City of New Castle also identified as New Castle County tax parcel number 21-018.00-009.

3. Respondent City of New Castle, Delaware is a Municipal Corporation of the State of Delaware. Respondent Mayor and Council of New Castle is the governing body of the City of New Castle. Respondents City of New Castle and Mayor and Council of New Castle are hereinafter referred to as “City of New Castle.” Its offices are located at 220 Delaware Street, New Castle, Delaware 19720.

4. The Historic Area Commission of New Castle hereinafter “HAC” is a commission of the City of New Castle, created under New Castle City Code, § 230-50, the purpose of which is to safeguard the heritage of the city by protecting and preserving buildings and sites within an area which represents elements of New Castle's cultural, social, political, and architectural history, New Castle City Code § 230-49. Its offices are located at 220 Delaware Street, New Castle, Delaware 19720.

5. Jeffrey A. Bergstrom is the Code Official and Fire Marshall for the City of New Castle, Delaware. His job is to enforce City building codes, approve building plans, issue building permits and enforce HAC actions. His office is located at 220 Delaware Street, New Castle, DE 19720.


JURISDICTION

6. This Court has jurisdiction over this action based upon its designation as this State's court of equity pursuant to Article IV, Section 10 of the Delaware Constitution. In addition, jurisdiction is granted by 10 Del. C. § 341 and 342 since this action seeks equitable relief and Petitioners have no adequate remedy at law.


THE FACTS

7. In 1998, Respondent Marinis purchased the aforesaid property at 101 West 3rd Street in the City of New Castle. At the time the Marinis purchased the property, an Historic Home stood on the property, within the New Castle Historic District, on the National Register of Historic Places, National Park Service Number 84000312. In purchasing the property, the Marinis stated an intention to restore the historic home on the property. The Marinis applied for a demolition permit to demolish a highly dilapidated addition to the structure, but proceeded to demolish the entire historic structure in excess of the demolition permit. Since 1998 the property has remained without a structure.

8. Through interpretive decisions, the property is considered within the Historic District of New Castle. Thus, in order to build on the property, the Marinis must submit design plans for the house to HAC for review and approval prior to the issuance of a building permit. The Marinis submitted a design package to HAC on June 15, 2006 and a hearing took place on June 16, 2006. The Marinis made subsequent submissions to HAC with hearings following each submission. On September 20, 2007 the Historic Area Commission finally denied the Marinis request for a Historic Area Certificate.

9. On December 7, 2007 the Marinis appealed the HAC decision to the New Castle City Board of Adjustment. Hearings took place on July 10, 2008 and September 29, 2008. The Board of Adjustment sustained the Historic Area Commission's decision of September 20, 2007 denying the Historic Area Certificate. On November 18, 2008 the Marinis submitted a petition for Writ of Certiorari to the Superior Court of the State of Delaware pursuant to 22 Del. C. § 328 for judicial review of the decisions of the New Castle Board of Adjustment and the City of New Castle Historic Area Commission. The Writ of Certiorari was served on the City of New Castle and the Historic Area Commission on January 13, 2009 and has since been withdrawn.

10. On December 11, 2008, while the petition for Certiorari was pending before the Superior Court, Regina Marini applied for a Historic Review Certificate, without withdrawing the petition for Certiorari.

11. The matter was scheduled for a hearing before the Historic Area Commission on December 18, 2008. On January 7, 2009 a further request for Historic Review Certificate was filed by Regina Marini. The matter was heard one day after the application on January 8, 2009 at a special meeting of the Historic Area Commission. At the hearing on January 8, 2009 HAC approved the concept of the design.

12. Petitioners filed with this Court an action to stay further proceedings due to lack of proper notice of the December 18, 2008 and January 8, 2009 hearings.

13. On April 3, 2009, this Court filed an order to stay further proceedings for 90 days, so a new hearing could be held to rehear the materials presented at the December 2008 and January 2009 hearings, which were noticed improperly.

14. The new hearings were held on April 30, 2009 and May 21, 2009. At the April 30, 2009 hearing, a motion was made to approve the application, while reserving the necessity to discuss several details - “the lentil over the garage door, the door locks, the front door trim .., and to lower the building six inches.” (4/30/09 transcript, see attached Exhibit). The Historic Area Commission vote ended in a tie. A hearing was then held on May 21, 2009 where the member that was absent on April 30, 2009 voted in favor of the Marinis. Petitioners filed a timely appeal of that decision to the Board of Adjustment on June 25, 2009.

15. Subsequent to the date of the Stay, the City of New Castle issued a building permit on June 18, 2009 (See Attached Exhibit).

16. The appeal to the Board of Adjustment was heard on July 23, 2009. A decision affirming the decision of the May 21, 2009 Historic Area Commission vote was issued on August 11, 2009.

17. Petitioners timely applied for a Writ of Certiorari in the Superior Court on August 17, 2009. That case is still pending.

18. Beginning in June 2009, Respondents Frank and Regina Marini started grading the property and installing utilities.

19. On July 17, 2009 the Court issued an order that all further building activities must cease until a final decision was made by the Board of Adjustment.

20. After the decision of the Board of Adjustment, in or about August 2009, further building commenced, including the installation of the basement.

21. All further building activities ceased in the Fall of 2009 by Respondents Frank and Regina Marini and were not recommenced until a few weeks ago - with major activities, including framing of the building.

22. The construction has now reached a stage where the remaining elements required on the face of the building permit may be further compromised so that the further approvals required by the Respondent Historic Area Commission may be rendered useless.

23. Counsel for petitioners sent a letter to Respondent, Jeffrey A. Bergstrom on November 5, 2010 bringing to his attention the fact that the Historic Area Certificate was not a final decision and that the June 18, 2009 building permit should not have been issued. Counsel for all parties were copied on that letter. Counsel for Petitioner requested a stop work order. Petitioners have received a letter from counsel for Respondents City of New Castle, Mayor and Council of the City of New Castle, Delaware, and the Historic Area Commission of the City of New Castle stating that they did not intend to issue a stop work order. (See attached Exhibit).


COUNT I - TEMPORARY RESTAINING ORDER

24. The contents of paragraphs 1 through 23 are restated and incorporated by reference herein.

25. It is apparent that Respondents Frank and Regina Marini will continue building efforts unless enjoined by the Court. Petitioners will be irreparably harmed because a house which does not comply with the guidelines of the Historic Area Commission will be built right across the street from their own, reducing the overall character of the neighborhood and potentially reducing the value of their own property.

26. Petitioners request that Respondents Regina and Frank Marini be enjoined from taking any action that would injure Petitioners, including further construction.

27. Petitioners request that Respondents City of New Castle Delaware, Mayor and Council of the City of New Castle Delaware, the Historic Area Commission of the City of New Castle Delaware, and Jeffrey A. Bergstrom, Code Official be enjoined from taking any action which would injure Petitioners, including facilitating further building.


COUNT II- PRELIMINARY INJUNCTION

28. The contents of paragraphs 1 through 27 are restated and incorporated by reference herein.

29. A Historic Review Certificate was improperly issued since the decision of the Historic Area Commission was not “final” in that it left open for further discussion several issues and requirements, including the requirement that the building be reduced by six inches.

30. The building permit issued on June 18, 2009 was issued improperly since the Historic Area Commission still had remaining concerns over the overall size of the building and reserved further discussion on several items. Further, the building permit did not reflect that HAC still reserved jurisdiction to finalize the remaining issues. There is no avenue of the Historic Area Commission to require homeowners to return to the Commission for further proceedings. Petitioners Wheeler and Klyce can establish actual success in ensuring that the requirements of the Historic Area Commission, including that the building be reduced by six inches, are met if further meetings are required.

31. The harm which will befall Petitioners Klyce and Wheeler exceed any harm that would result to the Respondents Frank and Regina Marini from an order of a Preliminary Injunction on further building until the size of the building and other issues have been resolved by the Historic Area Commission.

32. Otherwise, Respondents would not be held accountable to the reduction in the overall size of the building as intended by the Historic Area Commission.


COUNT III- PERMANENT INJUNCTION

33. The contents of paragraphs 1 through 32 are hereby restated and incorporated by reference herein.

34. Petitioners Klyce and Wheeler can establish actual success on the merits on their claims for failure of the Respondents Historic Area Commission and Jeffrey a. Bergstrom, code official, to issue valid Historic Review Certificates and Building permits, respectively.

35. The harm caused to Petitioners Klyce and Wheeler by issuing improper Historic Review Certificates and Building permits outweigh any harm caused to the Respondents from the mere requirement that they comply with the direction of the Historic Area Commission that additional hearings be held to finalize the reduction of the building by six inches and other details.

WHEREFORE, Petitioners Katherine Klyce and John Wheeler, respectfully request that this court grant relief in their favor against the Respondents as follows:

1. Enter a Temporary Restraining Order enjoining Respondents Frank and Regina Marini from continuing any further building activity on 101 W. 3rd Street, New Castle, DE 19720.

2. Enter a Temporary Restraining Order enjoining Respondents City of New Castle Delaware, Mayor and Council of the City of New Castle Delaware, the Historic Area Commission of the City of New Castle Delaware, and Jeffrey A. Bergstrom, Code Official, from taking any action which would allow building to continue, other than scheduling and undertaking further HAC hearings to approve the conditions as stated in the motion made on April 30, 2009.

3. Enter Preliminary and Permanent Injunctions enjoining Respondents Frank and Regina Marini from continuing any further building activity on 101 W. 3rd Street, New Castle, DE 19720 unless or until a Historic Review Certificate has been issued which approves a design which is six inches less than the drawings previously submitted, approves any lentil over the garage door, the door locks, the front door trim and the dormer trim.

4. Enter Preliminary and Permanent Injunctions enjoining Respondents, City of New Castle Delaware, Mayor and Council of New Castle, New Castle Historic Area Commission, and Jeffrey A. Bergstrom, Code Official, from taking any action which would allow building to continue until a new HAC hearing takes place to reconvene and approve the issues specified above.

/s/ Bayard Marin

Bayard Marin, Esquire

Bar ID # 642

The Law Offices of Bayard Marin

521 West Street

Wilmington, DE 19801

(302) 658-4200 (phone)

(302) 658-9075 (fax)

Bmarin6655@aol.com

Dated: 11/22/2010

Slate has reported with regard tothe house at issue in the lawsuit, "Then things get hazy. At 11:30 p.m. the night of Dec. 28, firefighters discovered a smoke bomb in the half-built house across the street from Wheeler's house in New Castle. The new home has been the subject of a long-running dispute between the Wheelers, who moved to New Castle in 1999, and the owners of the property, Frank and Regina Marini. The police haven't named Wheeler as a suspect in the smoke bomb incident. But local news organizations have reported that police found Wheeler's cell phone in the new house."