Thursday, July 2, 2015

EMAIL: Formal Complaint of Serious Misconduct and 3rd Request to File Felony Assault charges or accept a Citizen's Arrest RE: BPD Case No. REDACTED

July 2nd 2015

From:
CD
REDACTED


To:
Officer Seth Tyler, PIO
c/o Bellevue Police Department
Bellevue City Hall
Police Lobby - 2nd Floor
450 110th Ave. NE
P.O. Box 90012
Bellevue, WA 98009
Phone: 425-452-4129
bellevuepd@bellevuewa.gov

cc:
Mayor Claudia Balducci
450 110th Ave. NE
P.O. Box 90012
Bellevue, WA 98009
Phone: 425-452-7810
Fax: 425-452-7919
cbalducci@bellevuewa.gov;

Steve Mylett, Chief of Police
425-452-2031
smylett@bellevuewa.gov;

Jim Jolliffe, Deputy Chief, Operations
425-452-4443
jjolliffe@bellevuewa.gov;

Patrick Spak, Major, Investigations
425-452-4213
pspak@bellevuewa.gov;

Patrick Arpin, Major, Patrol Operations
425-452-4333
parpin@bellevuewa.gov;


Federal Bureau of Investigation - Seattle Division1110 3rd Avenue
Seattle, WA 98101-2904
Phone: (206) 622-0460
E-mail:
Seattle.fbi@ic.fbi.gov;


State of Washington Attorney General's Office July 2nd 2015
via
https://fortress.wa.gov/atg/formhandler/ago/ContactForm.aspx;


Seattle Times Newspaper
1000 Denny Way
Seattle, WA 98109
c/o
lthompson@seattletimes.com
lkamb@seattletimes.com
jensullivan@seattletimes.com
mcarter@seattletimes.com;


File Attachements:
15-24001 Disclosure Request (1.86mb) Unredacted police report;
Download link:
https://drive.google.com/file/d/0B7q_n7nd-UPGdnk2dUpXVTdpT3M/view?usp=sharing


To whom it may concern,

I was the victim of a felony assault on May 19th 2015 (BPD Case no.
REDACTED). The entire incident is filmed, with audio.

Officer C. Wyche, guided directly by Senior Officer Peacey, has filed a
false report, as well as suppressed evidence, in an attempt to maliciously
prosecute me, and in doing so has denied me due process and equal protection
under the law.

I believe if I had been Female and not Male, Officer Peacey would not have
been so condescending, agitated, emotional, and unprofessional, nor would
she have led the other three officers present to commit what constitutes
serious misconduct.

The video of the assault can be viewed here.REDACTED


I have sent the video previously via e-mail to the Bellevue Police
department, and it was given to Officer White on thumbdrive, and it is
described in the report - yet the narrative that Officer Wyche has presented
does not match the video. I believe the video file was omitted from evidence
because of Officer Peacey's incorrect determination that it was in violation
of the State of Washington's 2-party consent law - a determination which
allowed a malicious prosecution based on verbal statements by the assailant.

All filming took place in full public view, in public. There is no
application of that law here and Officer Peacey was informed of this.

When I informed her after looking up the statute, I believe Officer Peacey
became determined to harm me with malicious prosecution in retaliation for
being corrected in front of other officers. She had already made up her mind
without fully investigating because of her prejudice against Males, and my
challenging her solidified her intent to retaliate. Officer Peacey was
obviously guiding Officer Wyche on every aspect during the investigation, but
Officer Wyche still lied.

Officer Peacey also escalated the situation by bringing the secondary
aggressor down to apologize. I believe Jaspreet was caught up in his lying
to the point where he thought he would seem guilty if he didn't apologize.

Jaspreet knows he is guilty of disorderly conduct and obstruction, for
instigating the pursuit while claiming peaceful intentions to the police - a
complete fabrication verified on the video.

Only my brother attempted to mediate and protect me from their continued,
aggressive, unnecessary advances.

Officer Peacey took much, MUCH longer to berate me and humiliate me than it
would have taken to investigate my claims. Long enough that I went inside
and finished my written statement which I handed to Officer Wyche... who
then ignored it, as well. Apparently it is now missing.

Officer Peacey also made sexist comments in front of my brother and mother
while I was not present, which support my belief that she broke the law with
full intent and knowledge that she was doing so.

I tried to bring this to the attention of the department, and was told by a
Supervisor McElyea via a message to my brother that I wasn't going to like
what he had to say. I find this interesting, given that my witness statement
is missing, my brother never got to give one, and the video evidence is
suppressed.

No, Supervisor McElyea, I do not like it when police officers lie. Do not
have this Officer contact me again to try and intimidate me into not filing
a complaint. His conduct is also part of the pattern of misconduct here.

From the assailants all the way up to the city prosecutor Jeff Tory, no one
has done anything other than lie and seek to pass responsibility onto
someone else.

This clear pattern of misconduct needs to be investigated by the FBI, and I
will be forwarding this e-mail to their Seattle Division, as well
as Washington State AGO's office, the Mayor of Bellevue,and the Seattle Times
Newspaper.

If you need a witness statement about the event, ask Officer Wyche where my
sworn statement, handwritten, went. He took the assailants at their word.

Below find my original e-mail to the Bellevue Police Department dated May
21st 2015, acknowledged received by Officer Seth Tyler.

I will celebrate this 4th of July weekend in remembrance of those who gave
the ultimate sacrifice so that our society doesn't have to face the rule of
corrupt actions enabled by the government.

Thank you for your prompt attention to this matter.


Sincerely,


CD

cc:
cbalducci@bellevuewa.gov; smylett@bellevuewa.gov; jjolliffe@bellevuewa.gov;
pspak@bellevuewa.gov; parpin@bellevuewa.gov; Seattle.fbi@ic.fbi.gov;
jensullivan@seattletimes.com; lkamb@seattletimes.com;
lthompson@seattletimes.com; mcarter@seattletimes.com;

----- Original
Message ----- ---------------------------------------------------------
From: <bellevuepd@bellevuewa.gov>
To: REDACTED
Sent: Thursday, May 21, 2015 2:48 PM
Subject: RE: Bellevue Police Case#REDACTED- Request to file charges


C - Thank you for the E-mail. I am forwarding this information to the
responding officer's supervisor, they may be contacting you in the near
future.

Thank you,

Officer Seth Tyler
Public Information Officer
Bellevue Police Department
425-452-4129
Cell 425-766-2092






-----Original Message-----
From: CD [mailto:]
Sent: Thursday, May 21, 2015 1:06 PM
To: BellevuePD; Sarwary, Mariam
Subject: Re: Bellevue Police Case#15-24001 - Request to file charges
Importance: High

****READ ENTIRE MESSAGE AND REPLIES******

May 21st 2015

To:
Bellevue Police Department
via E-mail bellevuepd@bellevuewa.gov
cc: Bellevue City Attorney
via msarwary@bellevuewa.gov


From:
CD



RE: CASE NO. 15-24001 (MAY 19th 2015) NO CHARGING PAPERS

Hello,

I just got off the phone with the Bellevue City Attorney and they have no
information on this case yet.

The Bellevue Police refused to file charging papers, and I believe this was
in error; I could not convince the Senior Officer to review the video
evidence because she was convinced it was in violation of the 2-party
consent law. That was completely incorrect, and now I wonder how much about
the assault laws this officer was actually familiar with.

I may be filing a complaint against that officer, but in the meantime, the
Bellevue Police Department needs to review the evidence with the prosecuter
ASAP and bring the correct charges against this Juvenile suspect.

Below you will find my correspondence with the Prosecuting Attorney's
office. I expect Felony charges to be filed in this case, because after I
looked up the relevant RCW's, a very serious crime was committed on tape and
the police have refused to protect me. In fact, the Senior Officer
threatened to arrest me for filming my own assault, and became very animated
and upset that I would not accept an apology from the BROTHER of the guy who
tried to choke me to death. I have a witness and video evidence below.

Thank you for your prompt attention to this matter.

Sincerely,

CD

----- Original Message -----
From: "Prosecuting, Attorney" <Attorney.Prosecuting@kingcounty.gov>
To: "CD
Sent: Thursday, May 21, 2015 11:09 AM
Subject: RE: Bellevue Police Case#15-24001 - Request to file charges


Dear Mr. CD,

Thank you for writing the King County Prosecutor's Office. I was unable to
find any information regarding this case in our felony database and without
a suspect's name we are unable to confirm if this matter is being handled as
a misdemeanor by our District Court Unit. If you have the suspect's name
we can confirm whether or not we will be involved in this matter. If this
is not a felony matter, you will need to contact the Bellevue City
Attorney's Office, Bellevue PD misdemeanors would presumably go to the City
of Bellevue prosecutor.

I hope this information has been helpful.

King County Prosecutor's Office

-----Original Message-----
From:CDSent: Wednesday, May 20, 2015 1:43 PM
To: Prosecuting, Attorney
Subject: Bellevue Police Case#15-24001 - Request to file charges
Importance: High

May 20th 2015

To:
Dan Satterberg (via Electronic Mail)
Prosecuting Attorney - King County
Prosecuting.Attorney@kingcounty.gov
King County Courthouse, Room W554
516 Third Avenue
Seattle, WA 98104-2362
(206) 296-9000

From:
CD

Re: Bellevue Police Case#15-24001 (MAY 19 2015)


VIDEO 1- UNLISTED (ACCESSIBLE BY LINK ONLY)
LINK:
http://youtu.be/ISh-g8kFf-4 (Twenty minutes prior to the assault)
Driver ran stop sign in violation of RCW 9A.36.021. Officers refused to
watch this video. Video index of incident begins ~ 1:11.


VIDEO 2 - UNLISTED (ACCESSIBLE BY LINK ONLY)
LINK:
http://youtu.be/gkUF7XTHIPM (Second Degree Assault by Strangulation) After
his initial assault where he tries to knock the camera out of my left hand
in violation of RCW 9A.36.041; I reacted immediately and right-hand
open-palm slap him in the face and tell him to not touch me, to get away,
and to call the police. He tries to grab me again and then steps back to
call his brother out.

Both of the pursuers refuse to stop advancing and then begin the second
assault, eventually knocking my camera out of my hand and proceeding to beat
me to the ground and choke me to the point I fear I will lose consciousness,
in clear violation of RCW 9A.36.021.

Only because my brother was there to break up the fight did this person not
succeed in seriously or fatally injuring me.
It was my opinion he was going to choke me to death and I feared for my
life.
I was able to use my remaining air in my lungs to exclaim he was choking me,
yet he refused to let go until my brother elbowed him in the face (after
repeatedly warning the driver he would do so), an action which possibly
saved my life.

INJURY PHOTOS - (ACCESSIBLE BY LINK ONLY)
https://drive.google.com/file/d/0B7q_n7nd-UPGeTc5RzRzYnRleGM/view?usp=sharing

I did not touch this person until they put their hands on me in an
aggressive manner in violation of RCW 9A.36.041, as I only wanted to talk to
him. He would not let me retreat.
He and his brother escalated the use of force in the situation at every
point, and the Senior Officer refused to listen to my witness statements or
further review the video.

They brought the brother (secondary aggressor) in the grey shirt down to my
yard to apologize, without asking me first, and when I stepped outside to
find him there, I let him apologize for his brother, and told him it wasn't
accepted because they were in the wrong.

I was accused of being the aggressor because the Senior Officer said I swore
and left my yard to videotape in violation of the 2 party consent law (we
were on a public street with no reasonable expectation of privacy
whatsoever, and I tell them both before the second assault that its on
camera).
The Senior Officer appeared upset that I would not accept an apology from
the brother of the aggressor, and that I used profanity about the situation.

At one point, the Senior Officer stated she was "done with me" and that I
could "just mail in my statement".

I asked if any ONE of the FOUR officers present would like to re-watch the
video of both incidents.

They refused to further review the video to investigate fully.

The Senior Officer and Officer Cwyche briefly viewed the video ONCE when
they arrived, and Officer Cwyche was the only one who asked if I would aid
in prosecution (which I said I would).

I was told the case would be sent to the prosecutor without charging
documents. I feel this is an egregious error and I am writing to let you
know I will be following up on this case until charges are filed. There is
no question in my mind assaults were committed and the video will prove who
is the aggressor at all times.

Please review the evidence links provided to you in this e-mail.

Thank you for your assistance.


Sincerely,


CD

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