What REALLY Happened:
From the subterranean headquarters of the next revolution, © Mayday, 2006 by Bob God™
By the time anyone reads this, I will have become a convicted felon; if I had ever had the prescience to know how I would eventually turn to a life of crime, I wouldda started when I was young & healthy enough to have enjoyed it more!At no time from the inception of this case through this final sentencing has any pretense been made that the nature of these proceedings were ever considered or intended to have been either fair or impartial, nor has any pretense of a presumption of innocence been proffered.
Contrariwise; with the burden of proof having effectively been removed, all prosecutorial negotiations and litigious efforts have been focused upon punitive measures against the accused.
Meanwhile, officers of this court have, in collusion with the alleged victims and others, brazenly and overtly destroyed, withheld, and fabricated evidence as part of a longstanding and ongoing personal vendetta against the defendant by Sergeant Candace Acton of the Yavapai County Sheriff's Office and by Yavapai County Attorney Shiela Polk.
The entire Yavapai County Government is a criminal enterprise, with specific criminal acts having been committed by elements of the YCSO, the Yavapai County Attorney's Office and the Justice and Superior Courts of Yavapai County - many but not all of the criminal acts undertaken by elements of the Yavapai County Government are described in detail below.
More than thirteen months since I first requested to be tried before a Jury, the very concept of a speedy trial is sadly laughable.
I will not waste taxpayer monies nor my own time with any such pretense as there being justice or equity enough in Yavapai County for a "fair and impartial" trial; instead I shall accept the judgement of this court no lo contendro as though its orders are not void, which they are under federal law, until such time as it is inevitably reversed by a higher Court.
While the acts of February 28, 2005 have been portrayed as rash and impulsive on my own part, I must state plainly and succinctly that they were neither.
I had given much thought to alternative methods of putting an end to the constant threats of violence, the midnight-til-dawn traffic and other trappings of "Killer" John Schnabel's illegal activities and determined that a show and use of force might be necessary.
I had explored every likely eventuality and felt certain that my own actions that day would neither harm anyone, nor place anyone in danger of any kind.
When I fired four shots into the derelict vehicle at 1:30 P.M. on the twenty-eighth of February, 2005, I pointed deliberately at the engine compartment to ensure that any fired bullets would be safely stopped and not be deflected or go astray.
The many previous attempts made by my wife Karin and me to have the alleged victim "Killer" Schnabel removed from our property had been an ongoing problem for more than six months, and all the while complaints from the entire neighborhood regarding the alleged victim grew in both frequency and voracity.
Karin and I both made numerous complaints to the Yavapai County Sheriff's Office about Killer using and dealing illegal drugs from the property, threatening both our lives, threatening to burn down our home and voicing other such similarly hostile intentions and sentiments as to fill many more pages.
Killer was left with no doubt as to his own unwelcome status on our property and we were left with no uncertainty as to a violent retaliation should we attempt to force him to leave.
Furthermore, YCSO had made it clear - up to and including the very day of the twenty-eighth of February 2005, that any such efforts would be undertaken with no aid forthcoming from jurisdictional law enforcement.
When I evicted Killer under ARS 33 - 1313 (B) on the 7th of February, 2005, I allowed him twenty days to remove his belongings from the property - even though the cited statute allows only ten.
Killer himself left that very evening and for three weeks gave no indication of returning.
He did not appear to make any serious effort to recover his belongings from our property within the allotted time.
I have been assured by Council that the act I am about to be convicted for was, indeed, an illegal act.
It remains my sincerest belief, however, that what I did was the right thing to do; there was no malice intended, certainly no criminal intent and noone was harmed in any way - other than my having been beaten nearly to death under the color of law by Sergeant Acton and her cohorts, but that was several hours after-the-fact.
The mere prosecution of this case with the burden-of-proof on the prosecution to show criminal intent having been effectively removed is, in and of itself, violation of United States Code, Title 18, Chapter 44 _ Part I _ Sec. 922(g) and (n).
Enough other federal, State and local statutes, ordinances, laws, codes, rules of court, rules of law and concepts of common civil decency have been broken by agents of the State to necessitate an appendix of their own (attached).
My many requests, dating back to March 1, 2005, for my wife and myself to be allowed to testify before a Grand Jury regarding police misconduct have gone wholly ignored.
This statement, in its entirety, contains much but not all of the information I had hoped to present had I not been denied the right to so testify.
It is my hope that the incidental crimes committed by the individuals named in this statement are each and all investigated honestly and prosecuted according to their merit.
In November of 1999 I completed the YCSO Search and Rescue Posse academy.
At that time I was also teaching Community First Aid and Safety classes and manning the phones three days a week as a volunteer at the Prescott Red Cross.
Since resigning my position as head of the Basic Life Support program at Baptist Nursing College, I had been supporting myself by building web sites.
In January of 2000 I was engaged in building websites pro bono for channel thirteen public access t.v. in Prescott, the Heritage Park Zoo and the local Red Cross.
At winter's solstice in '99 I was the main announcer at the judges' stand for the '99 Christmas lights parade in downtown Prescott.
I was active in the community and was actively participating in making the community a better place to live.
On the eighteenth of January, 2000, one Judy Deneal Hempel - an estranged ex-girlfriend whose attempts to renew our relationship I had scorned - began a series of events that have lead inexorably to today's sentencing.
On that date, Mrs. Hempel sought and obtained an Order from the Justice Court of Yavapai County based upon false testimony and malicious fabrications.
The Order was granted by the Honorable Howard Hinson, whose performance in his present appointment has mirrored his performance as a Public Defender earlier in his career.
In her hand-written statement to the court, Mrs. Hempel stated that she believed herself to be an instrument of divine retribution, whose purpose it was to "make [me] pay for all the bad things [I] have done in [my] life."
On the twentieth of January, 2000, Mrs. Hempel solicited the aid of YCSO deputies Felker and Zavos in her scheme and they responded by knocking on my door and asking if I had "naked pictures of [her] on [my] computer," to which I responded in the affirmative and offered to show the pictures to the two deputies.
The deputies accepted my invitation to view the "evidence" and deputy Felker observed that [Mrs. Hempel] was "looking right into the camera" and that all of the photos were attachments to e-mails sent to me by Mrs. Hempel.
Deputy Felker is no rocket scientist, but he had sense enough to take a moment to view readily available evidence and he had been able to draw the proper conclusion.
Then deputy Felker told me that Mrs. Hempel had alleged that I had secretly taken the photos without her permission, and both deputies added a personal warning for me to "look out" because Hempel meant to cause trouble for me.
The deputies also asked me to burn a CD-ROM of the photos for them, which I did.
As the two deputies were leaving, I asked them whether or not it was a felony crime to file a false police report and they affirmed that it was, but nonetheless refused to provide equal protection under the law as provided for in the 14th Amendment to the Constitution of the United States of America and would not pursue the matter.
Having failed to affect my arrest on January 20th, Mrs. Hempel again contacted YCSO on the twenty-first of January, 2000, this time recruiting deputies Loughridge and Acton into her growing conspiracy.
With evidence overwhelmingly against her allegations of my having photographed her secretly, Mrs. Hempel embellished her story for Acton and Loughridge with further allegations of domestic violence, child abuse and child pornography.
Chagrined by self-hypnosis and filled with imaginary righteous indignation, deputies Acton and Loughridge allowed Mrs. Hempel's unsubstantiated report to cause them to wholly disregard their oaths to uphold and enforce the Constitution of the United States.
Acton and Loughridge determined between themselves that they were willing to break the very laws they have chosen careers enforcing in order to remove a dangerous person from open society.
Neither Acton nor Loughridge seemed the least bit concerned that their actions fully circumvented due process and eliminated any need for either a judge or jury.
The deputies let themselves in my front door without so much as knocking, asked me my name, and informed me that I was under arrest for having violated the court's order against contacting Mrs. Hempel.
When I protested that I had not contacted her, Loughridge simply said, "I know." as he continued to fasten his handcuffs on me.
At that time I was renting a room from my friend Linda Landrum; deputy Acton kept demanding to see Linda "to make sure she's all right."
When I awoke Linda, Acton demanded that she produce her three-year-old son Korick, and Linda, in turn, woke the child for deputy Acton.
As Loughridge manhandled me into the YCSO vehicle, Acton said to Linda Landrum, "You're safe now, you can tell us what really happened," and admitted that she and her partner had knowingly affected the false arrest in order to protect Linda from the abuse that a "friend" had informed the deputies she was suffering at my hand.
Hempel, posing as "Linda's friend," had pretended to have been worried for Linda's safety and the safety of her son Korick.
Linda complained that she had been ill for three days and that her baby-sitter had just been arrested for no legitimate reason.
Linda Landrum eye-witnessed the entire incident and is prepared to testify that everything related here is true.
According to established procedure and an habitually practiced pattern of behavior, YCSO deputy Loughridge overcharged me with a broad spectrum of more than two dozen crimes; more than half of them felonies.
When LOUGHRIDGE enumerated the thirteen felonies and eleven misdemeanors with which he was charging me, I again protested, "that's not what I did," to which he responded, "I know, but what you did isn't against the law, and this is the closest thing I could find to hold you on." When deputy Loughridge told me that one of the things I was being charged with was the crime of "surreptitious photography," I noted that "surreptitious" means "secretly or without consent."
Loughridge asked how I could know the meaning of such a "big word" when he had needed to look it up.
By the time all of the bogus charges were dropped and I was coerced by the County Attorney into pleading guilty to a misdemeanor I had not committed, I had spent forty_seven days in jail, lost my business and had all of the tools of my trade confiscated and destroyed.
As Wayne Loughridge was presenting a fabricated testimony before the Grand Jury, Mrs. Hempel was involving Assistant County Attorney Shiela Polk into her burgeoning little conspiracy; at the behest of the self-appointed hand-of-god, Shiela Polk vowed that she would see me spend the rest of my life in prison.
The illegality of doing so does not appear to have caused Shiela Polk any great conflict of conscience.
Meanwhile, LOUGHRIDGE had falsely testified _ as the only witness _ before a Grand Jury in order to obtain an illegal search warrant; broken into Ms. Landrum's home; ransacked the room I had been renting; and stolen many of my personal belongings, including but not limited to the computer I had been using to earn a livelihood (which wasn't returned for a full year _ and then it was inoperable), computer peripherals (eg. Scanner, compact disc burner, digital camera and software _ some of which was never returned or compensated for in any way) and removed all of my photographic and computer equipment while I remained unlawfully jailed.
All but two items of my unlawfully seized property were returned two weeks short of a whole year later, my computer and digital camera were irreparably damaged - as was my reputation in the community and my business as an internet consultant and webmaster.
Having caused the loss of both my livelihood and the tools needed for me to pursue that field of endeavor was only the beginning of the conspiracy begun by Mrs. Hempel; when all charges against me but one class one misdemeanor were dropped, Shiela Polk and Candace Acton continued to actively plot to place me where they had determined among themselves I belong.
Since then I don't go out much anymore. No teaching, no volunteering, no parades and no search and rescue _ or any other involvement not absolutely necessary and unavoidable _ with the YCSO.
For several years now, I go out to eat only twice a year, to take my wife out to dinner on Valentine's day and for a family outing when my in_laws visit in the summer.
Otherwise, I do not leave my own property except to keep appointments with my doctors.
Any sane, rational person might expect that such sacrifices of personal freedom as I have made might buy a modicum of peace and security.
Contrariwise, the deputies of the YCSO have shown that they will employ deceit and subterfuge to gain entry to one's private property and attack, beat and try to kill peaceful, helpless, handicapped citizens with no more purpose or provocation than a petty personal vendetta more than five years old.
The irony of a sworn law enforcement officer being chagrined that a person was not convicted after having knowingly filed more than two dozen false charges against that individual bespeaks a perception of that officer as being allowed carte blanche infringement of laws with full impunity.
Nothing can justify YCSO deputies having held a crippled old peace hippy down and beaten [me] nearly to death with their flashlights.
Having been forced out of my self-employed business as an internet consultant, I teamed with Karin Wolf, a federal firearms licensee, engraver and jeweler, to operate a small scale custom firearm shop.
My unsalaried role in Karin's business was to disassemble clients' firearms so that she could engrave them, then reassemble them when she completed her engraving.
Any time that a firearm has been disassembled and reassembled, it is necessary to test the weapon for function and safety.
The property located at 2150 North Windmill Way in Chino Valley - formerly 2013 North Windmill Way - is: In unincorporated Yavapai County, where the discharge of a firearm is not prohibited; Wholly owned by Lorraine Rath, the natural and legal mother of Karin Wolf; Licensed by the Bureau of Alcohol, Tobacco and Firearms as a Class 01 dealer in firearms (license # 9-86-013-01-0A-36967) under 18 USC Chapter 44 in accordance with the provisions of Title I, Gun Control Act of 1968, and the regulations thereunder (27 CFR Part 178).
I safety tested numerous firearms at that location on several occasions with no complaints.
A new resident of the neighborhood who was unfamiliar with the practice, however, reported to the Sheriff's office that shots had been fired on ------well, o.k, I don't remember the date and the YCSO won't release the incident report to me - even though it's pubic record-------.
The deputies that responded were Sergeant Van der Hooven, and deputies Acton and Boan.
Sergeant Van der Hooven prefaced our conversation by saying that it [is] not against the law to discharge firearms in that area, but added that it was necessary to investigate in order to see that noone had been harmed.
I lead Sergeant Van der Hooven to where I had tested the handgun and he observed that my having fired into inoperable appliances and derelict vehicles in my own yard was completely legal and recommended building a safe back-stop of used tires, which he observed were in abundance; I followed his advice and constructed the back-stop according to Sergeant Van der Hooven's design. Deputy Acton demanded to see the weapon that had been fired and radioed the serial number in to see if it had ever been reported stolen.
It was a Colt Combat Commander, serial number 70-SC49337, with near-full-coverage engraving, sambar staghorn stocks and other custom work that, when totaled place the value of the weapon at over six thousand dollars.
Candace Acton stated that it was a shame "someone like [me]" should have such a nice gun, which she would never be able to afford. I didn't bother mentioning that I could never afford it eeither, but had do9ne all the work myself except the engraving, which was done by my wife!
Acton's personal envy and desire for the highly customized Colt Combat Commander was as obvious as her unbridled contempt for me being its possessor.
Boan not only voiced his own appreciation for the artistry of the weapon, but was openly quizzical regarding Acton's expressed personal contempt for me.
I personally believe that it was then that Acton began actively schemeing to get the collector grade pistol away from me out of sheer spite, whether there were any legal grounds for doing so or not.
It would appear at this pont as though she has succeeded.
Before the new neighbor became used to the idea, another two or three instances of guns being test-fired for safety were investigated by the YCSO, with both Acton and Boan involved in the investigation.
Each time I was informed that no laws had been broken by my having fired into the derelict vehicles on my property and Karin and I continued to work together customizing firearms for collectors.
In November of 2004 my wife Karin and I became acquainted with a disabled Viet Nam veteran named John Schnabel, who was being forced from his home with nowhere to go and very limited finances.
From the beginning of April 2004 through February 7, 2005, John "Killer" Schnabel was an invited guest who was living on the property owned by my mother-in-law Lorraine Rath, who lives in California, and on which property my wife Karin Wolf and I have made our primary and sole residence; myself since June of 2000 and Karin since 1970.
Schnabel had agreed to assorted conditions before moving in and had altogether failed to abide by any of them for nearly a year. In addition, once we had spoken to him about having to either start following the rules or finding another place to live, Schnabel had begun making both veiled and overt threats against both Karin and myself.
Specifically, he stated that if he simply killed the two of us, that he could continue living on our property without anyone to "bother" him.
He said this often and in the presence of various persons.
Concerned about his increasingly irrational behavior and signs that he was using or abusing methamphetamine, and possibly dealing drugs as indicated by the high volume of late-night traffic that kept us and our neighbors awake, I had contacted Schnabel's clinical psychologist at the Veterans' Administration to seek advice on how to deal with him.
Her advice was that I keep in mind that I was dealing with a long-term mental patient with a history of violence and addiction problems, and that I use "any means necessary" to protect my wife and myself.
In the early morning hours of February 7th, 2005, My wife and I were awakened by the loud noise from a vehicle with a loose fan belt and no muffler being revved up in our front yard. It was 2:30 A.M.
The roaring and squealing continued uninterrupted for half an hour before I finally got dressed and went to the door and shouted, "Turn it off!" at 3:00 A.M.
A similar incident had occurred a few weeks earlier just after 11:00 P.M. and I had responded by going out and pointing a pistol at the vehicle's engine and demanding, "Turn it off!"
In that instance, the vehicle was turned off immediately.
At 3:30 A.M. on the 7th of February 2005, however, when I went out and pointed a pistol at the vehicle's engine and demanded, "Turn it off!"
John "Killer" Schnabel said, "No, I don't have to because. . ." and I responded by firing a single warning shot into the ground, on the opposite side of the vehicle from where Schnabel was standing.
Schnabel shouted, "Are you fucking crazy?" to which I responded, "You're damn right I am; you're driving the whole neighborhood crazy and it stops right now."
Again I pointed the pistol at the vehicle's engine and repeated, "Now, turn it off!" Schnabel reached into the vehicle through the driver's side door and turned the motor off.
I knew that by this time all of my neighbors had been very rudely awakened, so I shouted at Schnabel as loud as I could in order to be sure that all the neighbors could hear me.
I said that no one in the neighborhood had ever shown such disrespect for others as to create such a nuisance in the middle of the night, that I didn't do it out of respect for them and they didn't do it out of respect for me, and that as long as he was living on my property I wouldn't allow him to do it either.
Schnabel was waving his arms in the air and jerking around spasmodically as he stuttered and attempted to retort, but his speech was more incoherent than usual and it was obvious that he was once again high on methamphetamine, which had been a problem in the past and which my wife and I had suspected for some time that he had not only been using but also dealing.
John's daughter Nicole Schnabel was standing nearby and witnessed the entire exchange described above.
She can and will verify the accuracy of the recollection.
After the exchange, I went back into my house but stayed up anticipating further trouble.
Instead, at about 3:45 A.M, I saw Schnabel and his daughter Nicole push the vehicle down my driveway and out into the street, where John started it up and drove away.
He did not return until about 2:00 P.M. the following afternoon.
By that time, I had gone on line and looked up Arizona Revised Statute 33-1313B and discovered that the constant threats Schnabel had been making against my wife's and my own life were sufficient grounds for immediate eviction, as was his use and distribution of a dangerous illegal substance.
I typed up an eviction notice to that effect and my wife and I both signed it.
When I went out and handed the eviction notice to Schnabel, he tore it up and threw it on the ground without reading it, so I told him what it said.
I told him that he was evicted effective immediately and that he had until the end of the month to remove all of his belongings from our property; that was twice the length of time required by the statute.
After that I did not see him again except as he came and went throughout the next two weeks removing a carload at a time of what I then assumed to be his own belongings.
The third week I did not see him at all. Throughout the whole time, John "Killer" Schnabel was not on our property for more than an hour or two at a time.
I have since learned that in addition to retrieving his own things, he was also robbing my wife's shop of her tools and other valuables right under my nose.
When he returned at about 10:30 A.M. on the 28th of February 2005, brazenly wearing a government model .45 caliber pistol in an open-topped holster on his right hip, I confronted him and asked why he was back, to which he replied that he was "moving back in." I called the Yavapai County Sheriff's Office and Deputy Legler responded.
Before Legler arrived, however, Schnabel had fled.
I explained all of the above to the deputy and told him that I had reason to believe that some of the derelict vehicles left behind by Schnabel might be stolen.
Deputy Legler radioed one of the vehicles' identification number in, which did not return as stolen, but refused to investigate any further.
Deputy Legler claimed that he had never heard of ARS 33-1313B and advised me that I would "probably" have to have his department [i.e. YCSO] evict Schnabel.
Within minutes of Deputy Legler's departure, Schnabel returned, still wearing a sidearm, at about 12:30 P.M.
I once again confronted him and asked why he was back, and again he replied that he was "moving back in."
I reminded him that he had been legally evicted three weeks earlier and that he had been given twenty days to remove his belongings when the law requires only ten, and that he was now trespassing.
He stated that he had talked to a lawyer who told him that he had "squatters' rights" and that I couldn't make him leave.
I said that I didn't care if he had spoken to the Pope, that he had been evicted by the book and that he had to leave.
He asked if I was going to shoot him, i.e. he said, "What're ya gonna do, shoot me?" and I asked him if that was what he wanted me to do.
He continued behaving in a confrontational manner, saying that I couldn't shoot him unless it was by accident, the way I had `accidentally' shot the vehicle he had been "working on" three weeks earlier [In point of fact, I had done no such thing, but had fired into the ground.].
At that point, I took a pistol out of my right front pocket and, being careful to aim in a safe direction, away from any peaople, animals, vehicles, homes or other occupied structures, I fired one shot into the engine compartment of the derelict motor-home, which never functioned to begin with, then asked him, "Was that an accident, John?"
He did not reply, so I fired three more shots in the same area and again asked him, "Was that an accident, John?" and again he did not respond.
I reiterated that he had been legally evicted and was now trespassing, and that I wanted him off the property as soon as he could gather as much of his belongings as he could carry, then leave and not come back.
On my way back to the house I stopped to tell my wife and Nicole Schnabel, who were together in my wife's garden, what had happened.
Before I could begin, Nicole asked, "Did I hear gunfire?" and I told her that yes, I had fired four shots into the engine compartment of her dad's motor-home.
She said that she had hoped that I had shot her dad and asked me why I hadn't.
I replied that it had seemed as though he wanted me to shoot him, but he wasn't worth the trouble and I wouldn't give him the satisfaction.
By 2:00 P.M. Killer was gone from our property and I dared to hope that was the end of it.
At about six o'clock, as the sun was beginning to set, my wife locked our front gate.
It remained locked until 7:00 P.M. when the Yavapai County Sheriff's dispatcher telephoned and asked me if I could unlock it to let her deputies in.
Using anecdotal information from the Hempel case as his playbook, Schnabel had recruited Alvarez and Acton (thereby creating a common conspiritorial element with the Hempel case), who then recruited Boan into the conspiracy;
Acting upon Schnabel's false police report, Acton, Alvarez and Boan conspired to deprive me of constitutionally guaranteed rights and followed through to execute said conspiracy;
Criminal acts committed under color of law tantamount to vigilantism and violations of oath to uphold the Constitution are both acts of treason;
Killer sets up his own daughter; While I was in the County jail, Killer sent an illegal alien acquaintance over to plant an eight-ball of meth in his daughter's trailer; then he brought his dogs over to my house, turned them loose, and called animal control.
Karin and Nickie were out shopping at the time, but Nickie was arrested as soon as they got home and Karin was nearly arrested - if Karin had been arrested then, Killer would have been given carte blanche by the YCSO to have stolen everything we owned.
As it was, the animal control officer confiscated a Golden Eagle that has been on our living room wall since 1962; The Arizona Game and Fish Commission are the custodians of record for the documentation proving the eagle's legality, but before karin was able to retrieve it from the YCSO, a wing had been irrepairably broken and numerous feathers were stolen - quite obviously by agents of the YCSO.
Not only were a great many feathers simply plucked out, but many that could not be easily removed were broken off; these now-illegal eagle feathers are to be found in the hatbands of YCSO deputies' off-duty cowboy hats - DNA tests will verify this.
Killer rigs electrical box in shop to kill Karin; Another thing Killer was able to do with me out of the way - safely behind bars so that my wife and property were unprotected - was to rig the electrical box in our shop building to electrocute my wife when she stepped into a "mankiller" trap he had set. Fortunately, Karin and a friend of ours both saw the trap and she was able to avoid it.
only a few days later, Killer again rigged the electrical box to set fire to the shop if Karin turned on the main lights.
This time, a representative from the power company was visiting [to investigate the death-trap] and disconnected the electrical box altogether.
Since that time, neither Karin nor anyone else has been able to use our 3,200 square foot shop building either for hobbies or to engage in business; Killer and his YCSO cohorts have effectively closed the jewelry and engraving business Karin has had for more than ten years.
142 individual violations of Americans with Disabilities Act by YCSO between February 28, 2005 and March 30, 2005.
Sometinme in November of 2005 I spoke with a lady named Shauna from the YCSO internal affairs dept, who told me that Acton, Alvarez and Boan all three had very bad reputations for perjury before Grand Juries and for using excessive force in affecting arrests. She promised to investigate my complaints of police misconduct.
Shauna went home that evening and went into a coma from which she never awakened.
Shauna suffered kidney failure, respiratory failure and heart failure simultainiously.
While it may seem amazing for a healthy woman to suddenly experience complete sgutdowns of multiple entire systems, there is one cause for which theses symptoms are NOT unusual, but there is ONLY one; POISONING.
The reader may draw their own conclussions, but I have drawn mine:
They killed Shauna. . . . You bastards!
One might anticipate suggestions from certain especially guilty parties to the effect that the poor unwitting dupes within the Yavapai County Government have been ruthlessly hoodwinked by master manipulators like Killer Schnabel and Mrs. Hempel.
While the involvement of individuals like Hempel and Schnabel may coincide with the personal and political schemes and agendas of corrupt individuals within the system, they are in no way controlling factors and should not be considered responsible for the personal and official acts of employees of the body politic; nor should they be allowed to become scapegoats for the knowingly wrongful act(s) of public servants sworn to uphold the Constitution.
Career criminals embedded within the justice system are nothing new under the sun and these elements have historically lent themselves to be manipulated when the outcome of such engineered or contrived events fit their own purpose.
How many convictions of truly dangerous felons are going to be overturned when the petty and vindictive convictions of innocents set up and knocked down by self serving little wanna-be despots are looked at in any detail by anyone not part of the cliquish yokel politibureaucracy?
Shiela Polk's logic and wisdom places a man who sodomized half a dozen young children [and who is coincidentally connected to her own sphere of social sycophancy] on probation while demanding no less than twenty years in prison for a crippled 52 year-old college professor shooting holes in a derelict vehicle - after having been told repeatedly by YCSO deputies that such acts are not illegal.
On the evening of February twenty_eighth, 2005, at or about seven p.m, my wife and I were watching television when the telephone rang; the caller identified herself as "the Yavapai County dispatcher" and asked me to unlock my front gate to "let [her] deputies in."
The deputies were CANDACE ACTON (406), OSCAR ALVAREZ(427) and MARK BOAN (447) of the Yavapai County Sheriff's Office (YCSO). I could not use my wheelchair because of mud from recent rains, so I used a walker that opens into a seat so I can sit to rest when I need to; I explained this to the deputies as I unlocked the gate and invited them in.
I cooperated in a friendly and helpful manner, answering each and all of their inquiries honestly and straightforwardly.
Had I threatened to kill John Schnabel? No;
Had I pointed a gun at John Schnabel? No;
Had I shot at John Schnabel? No.
I was soon quite worn out and was leaning heavily on my walker with both hands, trying to catch my breath. ALVAREZ stepped aside to whisper conspiratorially to ACTON for a moment, then stepped back to me and said, "Here's what we're going to do, Bob; we're going to arrest you for disorderly conduct."
I interpreted the statement that they were "going to arrest [me]" as a declaration of intent.
I saw it as distinctly different in meaning from, eg, "you are under arrest."
I attempted to reason with them in an effort to understand why or how they had come to such a bizarre decision and said, "No, that's not right because..." but I never got to finish the sentence because ALVAREZ attacked me.
I dropped my walker as I stumbled backwards for a few steps under the unexpected impetus of Deputy ALVAREZ' inertia, trying to keep from being tackled to the ground.
BOAN kicked my legs out from under me, though, and the wind was knocked from my lungs as I landed flat on my back with ALVAREZ' full weight crashing down upon my chest.
BOAN had my left arm twisted firmly in his grip and my right arm was pinned behind my back; I could not move at all.
As I labored for breath, I tried to say that I wasn't resisting at all, which should have been obvious even in the darkness and the chaos of the situation.
Instead of pacifying them, however, the awareness that I was unable to defend myself seemed to drive all three of them into a frenzy.
ALVAREZ was the first to take out his Mag flashlight, and he struck me as hard as he could across the eyes and the bridge of my nose with it as his cohorts began kicking at my hips and ribs.
I did not realize at the time that he had broken my nose with that first blow.
Three more blows to my face and I was effectively blinded as my eyeglasses were knocked off.
When he saw that my glasses were gone, BOAN emptied a cannister of pepper spray into my eyes.
Five more powerful strikes to my forehead from the flashlight followed in rapid succession while more kicking or punches _ I could no longer tell which _ continued to batter my ribs and abdomen.
I felt a tooth break in my lower right jaw and then the left side of my face went numb from my cheekbone down to all of my top teeth on that side as they continued bludgeoning my face and head with their flashlights.
Again, I was being held down and was unable to move at all; either to defend myself or to resist in any way.
After counting eight flashlight blows to the same spot on my forehead, just above my right eye, I was startled to realize that they were quite sincerely trying to kill me, when one of the men _ I believe it was ALVAREZ but cannot be sure because I was blind at the time and the voice was furtive and weirdly distorted by being whispered and shouted at the same time _ said, "... stoppit, stoppit, somebody's watching us! stoppit!"
Upon becoming aware that they were being observed in their clandestine unlawful actions, all three suddenly became very melodramatically concerned for my well being.
BOAN played the proper public servant and helped me to sit up, while ALVAREZ started saying things like, "it didn't have to be like this, Bob, see what you made us do? You shouldn't have resisted." and other boilerplate rhetoric of the habitually abusive personality.
There was no remorse in his voice and, through some badly skewed form of illogic, he was blaming his own irrational violent behavior on me, just as bullies, wife_beaters, child abusers and other types of sociopaths the world over are prone to do. ACTON's voice came from some distance away, repeating, "Ma'am, just stay back; just stay back, ma'am!"
I heard my wife repeatedly asking why they had been beating me with their flashlights. Realizing that she had seen what they had done to me, I was terrified that they were going to kill us both. I heard ALVAREZ tell her that it was because of something I said, and that I was lucky I hadn't been shot.
It came to mind that local law enforcement had literally gotten away with murder more than once before, and under frighteningly similar circumstances.
Fortunately for my wife and me, things did not turn out any worse than the bullies with badges having savagely brutalized and disfigured only one of us;; and all_in_all, I'm glad it was me.
BOAN had the presence of mind to radio for medical assistance and, with ALVAREZ' assistance, dragged me by my arms, with my hands handcuffed behind my back, down the driveway and out my front gate.
When Chino Valley Fire Rescue arrived to cleanse the contusions, abrasions and lacerations to my head and face, BOAN took a close_up photo of the damage that had been done to my face; the photo seems to have disappeared.
If the Sheriff is merely witholding it, it can still be subppoenaed; if the persecutors have destroyed the evidence, the CVFD medics will have to testify that they witnessed the photo being taken.
As the paramedics were leaving, ALVAREZ bemoaned the fact that he had broken his flashlight (across my face!) and BOAN advised him that [BOAN] had a "secret stash" of spare batteries in the back of his vehicle.
ALVAREZ' flashlight, though, remained inoperable even after the batteries had been replaced.
I was lifted unceremoniously into BOAN?s vehicle and transported to the downtown Prescott jail, where a wheelchair was brought out to the garage to transfer me into the jail.
BOAN falsely charged me with thirteen separate felonies, and told me that the false charges were based on statements I had made without ever having been informed of my rights under the Constitution.
I remained in custody of the Yavapai County Sheriff for thirty days due to bail having been set excessively at more than five times my annual income, violating both the protection from excessive bail and the presumption of innocence under the fourth amendment to the Constitution of the United States of America.
While in custody, I was denied the use of a wheelchair on more than thirty separate occasions, denied prescribed medications daily, discriminated against because of my handicap and abused verbally and mentally by YCSO staff.
I was denied such basic rights as telephone calls and showers and my blood sugar was abnormally and dangerously low, with readings as low as the fifties and forties, due to irregular and improper administration of prescribed medications.
Over the thirty day period that I remained wrongfully imprisoned, I counted more than one hundred and forty individual violations of the Americans with Disabilities Act and of basic Constitutional Civil Rights.
The worst example is one of the times I was being transferred from the downtown Prescott jail to the facility at Camp Verde:
I was removed from my cell just before one o'clock in the afternoon.
When I asked one officer if I could be allowed to have my scheduled medications, I was told no.
I asked another officer, then another, until I had been told five times that I could not have my prescribed medications.
Then I was made to get out of my wheelchair and balance on one foot while I was put into leg irons; the other inmate that was being transferred with me, and who could walk, was not made to wear leg irons.
Next I was wheeled out to a paddy wagon, or to within about six feet of it.
I was made to crawl from the wheelchair to the paddy wagon while the transport officers laughed at me and made cruel juvenile remarks about my disability.
I am certain that all of this was caught on surveillance tapes in the parking garage of the Prescott jail.
After I had appeared in court, stating that I wished to exercise my right to testify before a Grand Jury and requesting a preliminary hearing, ALVAREZ appeared _ as the only witness _ before a Grand Jury and I was indicted on five of the original thirteen felony charges BOAN had fabricated against me; eight of the charges were apparently too ludicrous to indict so much as a ham sandwich on!
I have never been granted the opportunity that I asked for to testify before a Grand Jury myself, and am presently awaiting a Jury Trial scheduled to begin on the twenty_forth of August, 2005.
As Law Enforcement agents of a Governmental Authority, and acting under color of the law, ACTON, ALVAREZ and BOAN had obviously conspired to enter my private property with the intent of assaulting me, intending or knowing that their conduct might very well cause my death, knowingly touching me with the intent to injure, insult or provoke me and causing me serious physical injury by using dangerous instruments, to wit, solid metal flashlights, while I was physically restrained and my capacity to resist was substantially impaired.
They engaged in a pattern or practice of conduct, fighting, using violent and seriously disruptive behavior, excessive force, unlawful search and false arrest to willfully and unlawfully deprive me of the rights, privileges, and immunities secured and protected by the Constitution and by the laws of the United States.
They assaulted me by a means of force which caused substantial disfigurement, to wit, a broken nose and permanent scarring of my forehead, together with temporary but substantial loss or impairment of a body organ or part, to wit, the loss of my vision by virtue of both eyes having been swollen shut for more than 48 hours, as well as a fracture of a body part, to wit, a lower right molar was broken off.
These three law enforcement officers acted while abusing the authority given to them by reason of their employment as public officials.
It would behoove the law enforcement profession, and society at large, to see these three persons imprisoned where they can no longer prey upon the citizenry or cast dispersions on the authority they have abused.
Their acts were blatant violations of numerous Arizona statutes, Title VI of the Civil Rights Act of 1964, the Crime Control Act of 1994 and the unwritten rules of polite society.
The ycso has engaged and continues to engage in a pattern or practice of conduct, fighting, using violent and seriously disruptive behavior, excessive force, unlawful search and false arrest to willfully and unlawfully deprive the Plaintiff of the rights, privileges, and immunities secured and protected by the Constitution and by the laws of the United States.
The actions of the YCSO deputies are an embarrassment to every decent man and woman working in law enforcement today; both of them!
The police misconduct has been effectively condoned by the Yavapai County Government by virtue of having been swept under the proverbial carpet and the numerous complaints made to the Sheriff and the County Attorney have never been responded to.
As Law Enforcement agents of a Governmental Authority, and acting under color of the law, Defendants ACTON, ALVAREZ and BOAN had conspired to enter the Plaintiff's private property with the intent of assaulting him, intending or knowing that their conduct might very well cause death, they knowingly touched the Plaintiff with the intent to injure, insult or provoke him and caused serious physical injury by using dangerous instruments, to wit, solid metal flashlights, while the Plaintiff was being physically restrained and his capacity to resist was substantially impaired.
Nothing can justify YCSO deputies having held a crippled old peace hippy down and beaten [me] nearly to death with their flashlights.
I insist and demand that YCSO deputies ACTON, ALVAREZ, BOAN and LOUGHRIDGE be immediately removed from duty, without pay, pending an investigation, and that if the investigation so warrants, as will be the case if such an investigation is conducted honestly and objectively, they each and all be prosecuted to the fullest extent of the laws enumerated below, and any and all other laws, statutes, ordinances, regulations, or customs as may apply to their wrongful unlawful behaviors.
I do not believe any present member of the Arizona Bar Association to be capable of standing up to the local political machine with the fortitude necessary to either fix that machine or grind it to a halt.
I allowed three bullies with badges to tackle me to the ground, handcuff me and proceed to beat me nearly to death in my own front yard.
Those three little pigs have for more than a year pretended to be victims in order to prevent answering questions about what they did the evening of February 28, 2005.
Plainly they have much to hide; their actions are those of guilty persons, not of innocent victims.
If for no other reason than to bring these facts to life, I must throw away two years of my life simply because Shiela Polk has a stinkbug up her pantyhose whenever she hears my name.
Certainly the Yavapai County Government is in desperate need of moral repair; and while I cannot fix the problem I am certain that I can call enough attention to it that widespread knowledge of its present state of disrepair and corruption will be all but inescapable.
TITLE 18, U.S.C., SECTION 241 ;
"If two or more persons conspire to injure, oppress threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same...
"They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death."
TITLE 18, U.S.C., SECTION 242 ;
"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."
AMERICANS with DISABILITIES ACT ;
The Americans with Disabilities Act (ADA), which applies to all State and local governments, prohibits discrimination against people with disabilities because of their disabilities; requires that buildings for which construction or alterations were begun after January 26, 1992, be constructed or altered so that they are accessible to persons with mobility disabilities; requires effective communication with persons with hearing, vision, or speech disabilities; and requires that each program, service, or activity of a public entity, when viewed in its entirety, be readily accessible to and usable by persons with disabilities. Section 504 of the Rehabilitation Act applies essentially these same requirements to any program or activity that receives Federal financial assistance.
Law enforcement misconduct that is covered by these acts includes refusal to allow the use of medically prescribed wheelchairs and refusal to allow prescribed medication or medical treatment, both of which occurred numerous times during my unlawful incarceration.
Police misconduct investigations focus on excessive force (such as excessive use of deadly force or pepper spray), and false arrest, both of which ACTON, ALVAREZ and BOAN are guilty of.
The misconduct demonstrated by YCSO deputies ACTON, ALVAREZ and BOAN rises to the level of a violation of federal statutes and the United States Constitution. Any aid that you or your office may be able to provide in helping to see that justice is done in this matter shall be deeply appreciated.
Additionally, felony charges should be levied against all of the above_named YCSO deputies under these, and various other laws, statutes and ordinances, beginning with Arizona Revised Statutes;
13_302; 13_1001 A 1,2,3 & B; 13_1304 A3,4; 13_1303; 13_1003 A, B & C; 13_1902_2 A; 133_1903 A; 13_1602 A 1, 2 & 3; 13_1603 A 1.
P_1300_CR_20030287 ; P_1300_CV_20030030; P_1300_DO_20001140; M_1353_CR_200100505; Citation: C00023550 ; M_1353_CR_200300287; M_1353_CR_200300294 ; M_1353_CR_200300333; M_1353_CR_200400145
"!"