The father of a Volusia County college student who died under questionable circumstances told Channel 9 he's filing a lawsuit against the witnesses in his son's case.
Timothy Englehardt was fatally shot in the backyard of a Holly Hill home in September, according to police. Investigators ruled Timothy's death a suicide, but his family members don't agree.
"Personally, I still consider it a murder," father Bill Englehardt said.
Bill Englehardt and his family don't believe that the 22-year-old aspiring meteorologist took his own life.
"He was a man of character and he would do anything for anybody," Bill Englehardt said.
The owner of the gun that killed Timothy, Jacob Eldred, witnessed the shooting and was initially charged with improper exhibition of a firearm. But Channel 9 found out the State Attorney's Office decided not to prosecute Eldred.
"Although this may be accidential, personally I consider it to be a murder," Bill Englehardt said.
Eldred's girlfriend called 911 after the shooting and the call has become a critical part of the investigation. In the call, she said her friend had shot himself and “he’s very stressed about everything.” But she can also be heard saying to someone else at the home, “No, you didn't. You didn't kill him. Relax.”
The family's attorney, Thomas Feiter, said there's nothing to indicate that the gun was ever in Timothy's possession.
"No evidence was found, no fingerprints on the gun from Timothy Englehardt. No gunshot residue on Timothy's hands were ever collected, examined," Feiter said.
Eldred and his girlfriend claimed Timothy shot himself while being questioned by police. They will now be the target of a lawsuit that will be filed by Bill Englehardt, who said he hopes to get to the bottom of what happened.
"I don't want this to happen to anyone else. Nor would my son Timothy," Bill Englehardt said.
Prosecutors said that if more evidence comes to light, they would re-examine the case.
