EMAIL: 4th Request to accept a Citizen's Arrest RE: BPD Case No. REDACTED

July 8th 2015

From:
CD


To:
Detective A. Jensen
Bellevue Police Department
Investigations
bellevuepd@bellevuewa.gov

cc:
CBalducci@bellevuewa.gov;
SMylett@bellevuewa.gov;
JJolliffe@bellevuewa.gov;
PSpak@bellevuewa.gov;
PArpin@bellevuewa.gov

Re: Felony Assault 2 by Strangulation - BPD case no. REDACTED 4th request
to charge assailant or accept a citizen's arrest.

Hello,

According to your email dated July 3rd, the Office of Professional Standards
is to review the actions of the officers investigating an assault that
occured May 19th 2015. The officer who wrote the report, Wyche, lied and
omitted evidence, while stating he made his decision after reviewing said
evidence he then failed to include in the case file.

The evidence exonerates me of any wrong doing and proves a felony assault
was committed against my person.

In the meantime, I would like a response as to why the assailant has not
been arrested or charged (and if they have been, I would like to know). This
person is now back at their parents house and continues to harass me with
loud music. The Bellevue Police do nothing, they don't even issue a warning,
when I've called before, even just days after the assault.

The evidence of the assault on video, along with my signed sworn statement
and my brother as a witness, should be sufficient evidence to charge this
person with felony assault. You can let the prosecutor decide the validity
but I'm not understanding why the police get to decide the entire case
before filing it with the prosecutor. I do not understand the process here.
No where in the complaint process policy am I reading that the criminal
investigation must be put on hold pending the outcome of this review.

I am requesting the Bellevue Police Department take a citizens arrest if
they are unable to arrest this person.

A person can also conduct a citizen's arrest for felonies. See State v.
Malone, 106 Wn.2d 607, 724 P.2d 364 at FN1 (1986) citing State v. Miller,
103 Wn.2d 792, 698 P.2d 554 (1985) and State v. Gonzales, 24 Wn. App. 437,
604 P.2d 168 (1979).
(http://www.dol.wa.gov/business/securityguards/docs/citizenarrest1.pdf)

See also: "A citizen may arrest another person for a crime committed or
attempted," Seattle police spokesman Jeff Kappel said. "But you must have
probable cause to believe the person did the crime."
(http://blog.seattlepi.com/seattle911/2008/12/30/can-people-really-make-a-citizens-arrest/)

The evidence is untainted and sworn to, by two persons who haven't lied this
entire time - myself and my brother.

The report is here:
REDACTED
The video is here:REDACTED

I find it quite unacceptable for the police not to respond to my direct
questions, when I am the victim of crime that occured over a month ago.

I need an answer to these questions:

1.) Why has the assailant not been charged with a crime?

2.) Why will the police not take a citizen's arrest in the case of a felony
assault committed on video (in no violation of any privacy laws, with
witnesses)?

Feel free to forward this to Jeff Tory, although when I talked to him June
9th, he stated he prefers not to e-mail and that he had a call in to the BPD
about this case. I never heard back from him. He is the city attorney and
should be able to look at this case and inform BPD if there is a question
about the law they don't understand.

Thank you.

Sincerely,

CD