It has been just over one year since the death of All That Remains guitarist Oli Herbert shocked and baffled the rock world and the investigation into what actually happened is still ongoing.
According to a report in the Hartford Courant, Connecticut police said on Friday (18th) that they are continuing to treat Herbert’s death as suspicious. In particular, the investigation is looking into a will he signed one week prior to the incident that left his entire estate and future earnings to wife Elizabeth Herbert. Elizabeth also has expressly forbid his sister Cynthia Herbert from receiving anything and was notarized by a friend of Elizabeth’s without being signed by an attorney, as well as a vague life insurance policy mentioned in the will.
The Eastern District Major Crime Squad has been looking into what took place over the last 24 hours of Oli Herbert’s life and creating a timeline that includes who he may have been in contact with, as well as his past medical history.
On October 16, 2018, Herbert was found on his Stafford Springs, Connecticut property face down at the edge of a shallow pond following a missing persons call made by Elizabeth. His cause of death was ruled a drowning by the state medical examiner, though the manner is still “undetermined.” According to a post made by Elizabeth on Facebook following Oli’s death, she claims he had been “self-treating for manic-depression that has run in his family for several generations” and that anti-depressants and a sleep aid “were found in his system.”
Elizabeth Herbert has been a top suspect since the beginning. As part of the investigation, police have seized her computer and phone records. She has since hired a defense attorney to handle her case.
Amid the investigation, Elizabeth is also in a legal battle with All That Remains for her share of the band’s profits. The widow filed a three-page letter in probate court claiming that the three surviving members of the band have refused to give her the financial information needed to take inventory of her husband’s estate, as well as withheld money earned from a European tour that took place after Oli’s passing.
Reads the letter:
“There have been tours and shows played by All That Remains since Oli Herbert’s death about which the estate, as part owner of All Things Remain Inc., hasn’t been notified by being sent its copy of the profit and loss statements nor has the estate been paid its equal portion of profits as tour pay.”
The band has yet to responded to these allegations.
All That Remains’ thoughts on Elizabeth Herbert have been well documented. In a statement made last year, frontman and co-founder Phil Labonte called her a “garbage human being” who was never allowed to tour with the band. He also tried numerous times to get Oli to leave her, but was unsuccessful, saying, “I can’t tell you exactly why he wouldn’t do it or what the circumstances [were] surrounding his resistance.” Surrounding Oli’s death, Labonte said, “I do have an opinion on it, but I’m not gonna say. There is an ongoing investigation by the Connecticut state police.”
Fans and friends also suspect foul play in Herbert’s death. A Facebook group called Justice for Oli Herbert has more than 12,000 followers, many of whom are also very critical of Elizabeth Herbert.
In the aftermath of Oli Herbert’s death, All That Remains has continued to soldier on. The band released their latest album, Victim of the New Disease, in November 2018. They recently finished a co-headlining tour with Lacuna Coil, and will be playing a one-off festival date at Heavy Fest on November 9.