EMAIL: BPD case No. REDACTED - Request to file felony assault charges and notice of intent to file claim for damages for misconduct

July 20th 2015

To:

Bellevue Police Department, Office of Professional Standards, c/o LT. Ingram

Jeff Torrey, Bellevue City Attorney

Dan Satterberg, King County Prosecutor

cc:

CBalducci@bellevuewa.gov <CBalducci@bellevuewa.gov>; bmiyake@bellevuewa.gov <bmiyake@bellevuewa.gov>; dgrant@bellevuewa.gov <dgrant@bellevuewa.gov>; SMylett@bellevuewa.gov <SMylett@bellevuewa.gov>; Seattle.fbi@ic.fbi.gov <Seattle.fbi@ic.fbi.gov>; bellevuepd@bellevuewa.gov <bellevuepd@bellevuewa.gov>; jensullivan@seattletimes.com <jensullivan@seattletimes.com>; lkamb@seattletimes.com <lkamb@seattletimes.com>; lthompson@seattletimes.com <lthompson@seattletimes.com>; mcarter@seattletimes.com <mcarter@seattletimes.com>; council@bellevuewa.gov <council@bellevuewa.gov>; krwallace@bellevuewa.gov <krwallace@bellevuewa.gov>; clee@bellevuewa.gov <clee@bellevuewa.gov>; j.robertson@bellevuewa.gov <j.robertson@bellevuewa.gov>; jchelminiak@bellevuewa.gov <jchelminiak@bellevuewa.gov>; lrobinson@bellevuewa.gov <lrobinson@bellevuewa.gov>; jstokes@bellevuewa.gov <jstokes@bellevuewa.gov>; jane.hague@kingcounty.gov <jane.hague@kingcounty.gov>jimmy.hung@kingcounty.gov

Re: BPD Case no. REDACTED

Hello,

I have given your offices enough time to realize your mistakes. There is no more time.

The allegedly unredacted report is here:
REDACTED

The video is here:

REDACTED

1.) The audio of the video is part of what proves me innocent. I believe this audio has been removed or not audible on the evidence copy. The audio when combined with the video proves every part of the signed statements from the assailants to be fabrications.

2.) This is not a juvenile suspect, 17 years old, as Jaspreet claimed. B. Bhamber is 19 years old, born 1-15-1996. The juvenile division of the King County prosecutors office no longer need be concerned with this case. I apologize for believing Jaspreet Bhamber ... the fact is, early in the pages of the report, this person DOB was omitted indicting to me he was indeed a minor. On his sworn statement he writes his own date of birth!

3.) Officer Peacey incorrectly describes the encounter in her narrative.

4.) Officer White says he did not edit or change the video in evidence, proving your office has the full video with audio.

I had refused to read the witness statements from the two brothers, knowing they would be lies. Now, today, I read them and find out they are claiming I am a racist, knocked this guys turban off, came up shouting the "F" word (which, by the way, these guys do ALL THE TIME), and started a fight for no reason...

 I am beyond outraged. 

The suspect continued his behavior even after I made a harassment report on Friday May 22nd. B. 

Bhamber clearly is a liar and intended all along to get away with his crime.

 I bet he can't believe you bought it!

Both Bhamber brothers claim I should be prosecuted, and now they don't' want to press charges against someone they claim is a drunken, racist attacking their indian culture....? 

Maybe its because I don't like any music played at apocalyptic levels with bass shaking my brain while I try to study for school! I have this on video WITH AUDIO as well.

These slanderous lies are now libel and part of the public record, while my hand written statement is NOT included in the report!

I've never said anything other than the truth, verified at any time, and your office has treated me like a criminal.

I am in extreme emotional distress over this, I cannot sleep, and now I wonder if I can even continue my phlebotomy training because my hands are shaking so hard.

I am contacting an attorney and I will be seeking advice on how to proceed in a civil case against the City of Bellevue police department for their misconduct and conspiracy to deny me due process.

The city may expect a claim for damages to be imminent.

You will arrest this suspect, now. You will charge him with felony assault, and the assault on my brother, now. 

There will be no more lies, no more delays, no more administrative obstruction. Do your job. NOW.

B. Bhamber is to be charged with the following:

2nd degree assault

4th degree assault, 3 counts, for hitting my camera hand twice and pushing my brother

Obstruction of justice

Disorderly Conduct

Jaspreet Bhamber, the following:

Disorderly conduct

obstruction of justice

I am furious you tried to prosecute me for disorderly and harassment because you find me rude. 

I find people breaking the law rude, does that mean I can strangle them? This whole process is a farce.

Officially, without patience, yet still with respect despite your departments continued egregious violations,

CD

EMAIL: Re: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

July 20th 2015

To

LT. Ingram

Bellevue Police Department

CC:

Chief S. Mylett

Hon. C. Balducci

Seattle Division - FBI

Jeff Torrey, Bellevue City Attorney

lthompson@seattletimes.com;

jensullivan@seattletimes.com

LT. Ingram,

Thank you very much for your complete and thorough reply.

I need clarification on only one issue:

1.) Why did Captain Hershey say he reviewed the case and video, and agrees with the Officers?

Nearly the entirety of Officer Wyche's "description" of the video is false. 

These are no insignificant details, like color of my eyes -- Officer Wyche intentionally supports the narrative of the assailant, an assailant with no memory of the attack per the assailants own statement! 

How is this possible? 

Officer Wyche goes on to completely fabricate what is clearly shown on the video.

This is beyond a mistake. 

This is willful, intentional misconduct at the behest, I believe, of Officer Peacey.

I know what happened, my brother knows what happened, the two suspects know what happened, and the video and audio prove what happened. 

No one has ever asked my brother for a clarifying witness statement, or asked if he would like to press charges.

Only the assailants are being considered, and only they are smart enough to realize when we go to court the entire case will unravel.

From Officer Peacey, Wyche, White, Lt. McElyea and Captain Hershey, NO ONE HAS WATCHED THE VIDEO.

Captain Hershey acts incredulous that I could even question where the video is.

Clearly in the report, Officer Wyche enters and notes the entry into evidence of the injury photos. 

Wyche mentions in one sentence that the video was given to officer white.

 No entry note or reference to the video in evidence. 

This, and the fact the video proves me innocent, leads me to question whether anyone has actually viewed the video at all!

Please, LT Ingram, will you just review the video while reading the report?

I am not making anything up, all my claims are verified by 4 minutes of investigation.

This "case" is now over two months old and I have lived through hell every day of it.

You understand that this is ruining my life? 

I would appreciate 4 minutes to exonerate myself and prove my claims.

Is there a technical problem with the video? If so, here is a link to the original with audio:

The allegedly unredacted report is here:
REDACTED

The video is here:

REDACTED

There is a link in the video description to the page of the report, where I underline in RED what I initially see as NOT CORRECT, ie FALSE.

You may view that image of the report here:REDACTED

Any further correspondence that does not refer directly to the status of the investigation the serious misconduct of Officers Wyche, Peacey, Lt. McElyea, and Captain Hershey, or the status of my request to accept a citizen's arrest for felony assault, will be considered an attempt to further ignore this issue.

Please do not attempt to delay this case, or intimidate or bully me into not pursuing my complaint like Captain Hershey and Lt. McElyea.

4 minutes of your time is all it takes. 

I really don't understand this extreme delay in service when all my claims are IMMEDIATELY verifiable! 

What is the angle here? 

What exactly are you missing from me??

To clarify:

I want these Officers investigated. 

I want the assailant charged with the crime he committed.

Faithfully,

CD

EMAIL: Re: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

Mr. D,

Please see my responses to your questions below. If you need further clarification on anything, please let me know.

Thank you.

LT. Ingram

1. Who currently comprises the Bellevue Police Department Office of Professional Standards?

There are three positions in the Office of Professional Standards; Captain Hoffman, Lt. Ingram and the Public Information Officer, Officer Tyler.

2. Where is this information located?

This information is located on the City of Bellevue’s website under Police. On this website is a link to the Bellevue Police Policy Manual.

The Office of Professional Standards is under the police of “16.00.020 Office of the Chief.” The Office of Professional Standards is also on the organizational chart.

http://www.bellevuewa.gov/police.htm

http://bellevuewa.gov/Other/Police/PolicyManual/16.00.020.html

http://www.bellevuewa.gov/pdf/Police/Police_2014_Org_Chart_01_01_14.pdf

3. According to the policy I found on line, the office is consists of Captain, a Lieutenant, and the PIO. All within the same department, with no citizen oversight or outside legal opinions. The City Manager is supposedly their liaison. Is this correct?

The Bellevue Police Department has an internal Legal Advisor, Melissa Chin, who is a civilian. The City also has attorneys that provide legal support and advice to the police department. There is no citizen oversight or outside legal opinions.

http://www.bellevuewa.gov/city-attorney.htm

I don’t understand your question regarding the City Manager as liaison. The Chief of Police is appointed by and reports directly to the City Manager. However, the Chief of Police has overall authority and management responsibility of the Police Department.

4. Please confirm, is Captain Hershey currently part of the BPD Office of Professional Standards?

Captain Hershey is assigned to Patrol and is not part of the Office of Professional Standards.

5. Who handles complaints, when the complaint involves a member of the Office of Professional Standards?

If there was a complaint on Officer Tyler or Lt. Ingram, Captain Hoffman would handle the complaint.

If the complaint was regarding Captain Hoffman then either a Major or the Deputy Chief would handle the complaint.

If the complaint was about an investigation that Lt. Ingram and Captain Hoffman conducted, the Major or the Deputy Chief would handle the complaint.

EMAIL: Appeal to Office of the Chief - Formal Complaint of Serious Misconduct RE: Captain Hershey - Bellevue WA Police Department Office of Professional Standards

July 16th 2015

To:
Bellevue Police Department Office of the Chief, Steve Mylett
Honorable Mayor C. Balducci
Bellevue City Manager Miyake
Bellevue City Attorney Jeff Torrey

cc:
Lt. Ingram DIngram@bellevuewa.gov
FBI - Seattle Division Seattle.fbi@ic.fbi.gov
Councilperson Chelminiak JChelminiak@bellevuewa.gov
Detective Jensen bellevuepd@bellevuwa.gov
Senior Prosecutor Hung jimmy.hung@kingcounty.gov

RE: BPD case REDACTED Felony Assault by Strangulation

Thank you, Chief Mylett and Mayor Balducci, for your candid responses.

I also heard back from Lt. Ingram, who is very professional and responds
with a time frame. I have found your responses to be complete and have no
further requests for the previously requested information.

You may now, however, consider my formal complaint of serious misconduct to
include Captain Hershey.

I will not be speaking to this Captain nor do I want him to contact me.

He is not part of the OPS and has no business with me any longer.

To wit, Captain Hershey supports blatant false reporting despite having
claimed to review the evidence.

He has chosen to ignore my questions and only partially answer them.

I want his conduct investigated, along with Officers Wyche, Peacey, Lt.
McElyea, and anyone else tainting this process.

I would like to meet with the City Prosecutor and the Chief of Police to
discuss this case in its entirety.

Please respond with contact information or an avenue for making appointments
of this nature.

I am available to physically appear any time, except 2:00pm through 5pm on
Tuesday and Thursday, when I am at REDACTED taking introductory
phlebotomy.


Sincerely,


CD

EMAIL: Re: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

July 16th 2015

To:

Honorable C. Balducci, Mayor

cc:

SMylett@bellevuewa.gov <SMylett@bellevuewa.gov>

jcHershey@bellevuewa.gov; jtorrey@bellevuewa.gov

Mayor Balducci,

I appreciate your response!

The unfortunate thing is, the Bellevue Police investigate themselves.

Captain Hershey, despite claiming to have review evidence, is going to be very embarassed when he realizes how wrong he is. 

To say the least, I am very disappointed in this process. 

Captain Hershey refuses to respond, or only responds partially. 

In fact, he claims he knows I am the guilty party despite all evidence to the contrary.

This is as crazy as it sounds.

 I feel like I'm in the twilight zone. 

I have been very articulate in my concerns, and every keeps saying I should move along.

 I have no recourse but to continue contacting anyone who may listen. 

This complaint process needs civilian oversight.

At your request I will no longer contact you directly about this matter.

Thank you for your time,

Sincerely,

CD

EMAIL: Re: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

----- Original Message -----

From: CBalducci@bellevuewa.gov

To: SMylett@bellevuewa.gov ; CD

Cc: bellevuepd@bellevuewa.gov ; lkamb@seattletimes.com ; lthompson@seattletimes.com ; mcarter@seattletimes.com ; BMiyake@bellevuewa.gov ; DGrant@bellevuewa.gov ; Seattle.fbi@ic.fbi.gov ; JTorrey@bellevuewa.gov ; LRiordan@bellevuewa.gov ; jimmy.hung@kingcounty.gov ; Jennifer.Nelson-Ritchie@kingcounty.gov ; JChelminiak@bellevuewa.gov ; CLee@bellevuewa.gov ; JCHershey@bellevuewa.gov ; jensullivan@seattletimes.com

Sent: Thursday, July 16, 2015 3:45 PM

Subject: Re: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

Mr. D, I've read all of your messages that were copied ot me and all of the responses. I am monitoring to make sure that both the criminal investigation and the professional standards processes are working as they are supposed to --- and I have been reassured by what I've seen from the Chief and others in the Department and Legal that appropriate reviews are occurring and I await the outcome of those. Seeing as there are procedures for due process in place for the issues you are raising, it would not be appropriate for me to be involved further at this point. Please continue to communicate with the police department via their identified contact for any questions about their activities related to your complains.

EMAIL: FW: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

Mr. D,

I work in the Office of Professional Standards. I will your email and respond to your questions Monday, July 20.

Thank you.

Lt. D. Ingram

Office of Professional Standards

Bellevue Police Department

425 452 4552 office

425 452 6016 fax

dingram@bellevuewa.gov

EMAIL: Re: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

Mr. D,

I have been in contact with Captain Hershey and he has informed me he has communicated information to you when requested. Your complaint was received by the Office of Professional Standards and, as per policy, assigned accordingly. Once the investigation is completed you will receive correspondence informing you of the findings. I am monitoring the progress of the investigation and I do not anticipate it will take much longer to determine if any violations of department policy occurred during the incident in question.

The Office of Professional Standards is staffed with a Police Captain and a Police Lieutenant who report directly to the Chief of Police. There is no civilian oversight except that matters related to employee misconduct may include the involvement of the City's legal team.

Your point of contact for this complaint is Captain Hershey. I believe you already possess his contact information. While Captain Hershey is not assigned to the OPS, as per department policy and practice, he will investigate these types of complaints with guidance and oversight from the IA Captain.

If a complaint is received accusing the OPS Captain of misconduct then the complaint will be investigated by the Office of Chief of Police.

I hope I have been able to answer your questions. Should you have further questions please contact Captain Hershey.

Steve Mylett

Chief of Police

Sent from my iPhone

EMAIL: RE: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

Mr. D,

After forwarding your complaint to the Office of Professional Standards I have been informed that Captain Hershey is handling your complaint. Please direct all future correspondence to him.

Respectfully,

Detective A. Jensen

Bellevue Police Department

Investigations

Cell: 425-766-6961

Desk: 425-452-6915

EMAIL: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards

To:

bellevuepd@bellevuewa.gov ; JCHershey@bellevuewa.gov ; SMylett@bellevuewa.gov ; bmiyake@bellevuewa.gov ; CBalducci@bellevuewa.gov ; dgrant@bellevuewa.gov ; Seattle.fbi@ic.fbi.gov

July 16th 2015

To whom it may concern,

My first e-mail appears to have been ignored despite read receipts from Mayor Balducci and City Manager Miyake. 

I consider ignoring a citizen's legitimate and lawful requests is highly unprofessional, and a pattern misconduct in this city government.

I demand a timely response to my questions outlined below.

This is my second request.

Please provide this information or guidance where to find this information.

1. Who currently comprises the Bellevue Police Department Office of Professional Standards?

2. Where is this information located?

3. According to the policy I found on line, the office is consists of Captain, a Lieutenant, and the PIO. All within the same department, with no citizen oversight or outside legal opinions. The City Manager is supposedly their liason. Is this correct?

4. Please confirm, is Captain Hershey currently part of the BPD Office of Professional Standards?

5. Who handles complaints, when the complaint involves a member of the Office of Professional Standards?

I also am requesting, for a third time, the name of a liason to communicate regarding my formal complaint of serious misconduct, forwarded to the Office of Professional Standards on July 3rd 2015.

Please send me all relevant contact information and, if possible, a status on my complaint or reason why the status cannot be determined.

I cannot be reached by phone.

Sincerely,

CD

EMAIL: Question RE: Bellevue WA Police Department Office of Professional Standards

July 15th 2015

To:

Bellevue WA Mayor C. Balducci

Brad Miyake, City Manager

David Grant, PIO

Chief Mylett, Bellevue Police Department

cc:

Captain Hershey

jensullivan@seattletimes.com ; lkamb@seattletimes.com ;lthompson@seattletimes.com ; mcarter@seattletimes.com
Seattle.fbi@ic.fbi.gov

To whom it may concern,

I have had a complaint of serious police misconduct pending review by an "Office of Professional Standards" since July 3rd when it was forwarded by Detective A. Jensen.

I have not been contacted further regarding the complaint.

I have been contacted by a Captain Hershey who says he is reviewing my "case", yet he refuses to provide me contact information for a liason with this Office of Professional Standards.

 In fact, he ignores my question completely in several e-mails. 

He does not state whether he is with this office.

Please answer the following questions:

1. Who currently comprises the Bellevue Police Department Office of Professional Standards?

2. Where is this information located?

3. According to the policy I found on line, the office is consists of Captain, a Lieutenant, and the PIO. All within the same department, with no citizen oversight or outside legal opinions. The City Manager is supposedly their liason. Is this correct?

4. Please confirm, is Captain Hershey currently part of the BPD Office of Professional Standards?

5. Who handles complaints, when the complaint involves a member of the Office of Professional Standards?

I also am requesting, for a third time, the name of a liason to communicate regarding my formal complaint of serious misconduct, forwarded to the Office of Professional Standards on July 3rd 2015.

Please send me all relevant contact information and, if possible, a status on my complaint or reason why the status cannot be determined.

I cannot be reached by phone.

Sincerely,

CD

EMAIL: URGENT - Request for third party investigation - Formal Complaint of Serious Misconduct - BPD case no. REDACTED

July 14th 2015

From:
CD

To:
Jeff Torrey and Lori Riordan
Bellevue WA City Attorney's Office

Jimmy Hung
Senior Deputy Prosecuting Attorney, King County


cc:
Bellevue Mayor Balducci; Deputy Mayor Wallace
Bellevue City Council Members Lee, Robertson, Chelminiak, Robinson, and
Stokes
King County Council Member Jane Hague
Police Chief Mylett;
Brad Miyake, City Manager;
David Grant, Public Information Officer;
FBI - Seattle Division
jensullivan@seattletimes.com
lkamb@seattletimes.com
lthompson@seattletimes.com
mcarter@seattletimes.com


RE: BPD Case no. REDACTED- Complaint of Serious Misconduct and Appeal for
Third Party Investigation

To whom it may concern,

I was the victim of an assault on May 19th. The entire incident is filmed
with audio.

I am requesting a formal third party investigation into this case and the
conduct of the police department during their investigation.

Officer C. Wyche and Officer Peacey have knowingly constructed a false
narrative, filed a false report, and in doing so attempt to deny me due
process.

This was done maliciously by Officer Peacey by her direct instruction to
Officer Wyche. Captain Hershey has refused to investigate by supporting the
false report.

The video in question is here: REDACTED

The unredacted case file, send by BPD records at my request, is here: REDACTED

The report clearly and explicitly gets key points of the interaction wrong.
Key points such as:

- How did the interaction begin?
- Who struck who first and why?
- Why did the assailant pursue me?
- What did the assailant do, after striking the camera out of my hand?

The assailant and his brother both state they can't remember what
happened -- My brother can clarify all the off-camera action, yet no one has
taken his statement.

I emailed the Bellevue City Attorney back in May, via Sr. Office Assistant
Mariam Sarwary, on May 21st.

I spoke to Prosecutor Jeff Torrey on June 9th 2015, and he informed me he
placed a call in for more information on the case.

I've been attempting to contact someone at the King County prosecutor's
office to no avail.

I am currently in a certification program that requires a clean background
check, and this malicious prosecution could ruin my education.

This is causing me great stress and I don't believe, despite what the police
or the assailant think, that I deserved to be seriously assaulted. I can
barely sleep at night, and am constantly re-living the attack and the
officers refusal to help.

Below is some of the e-mail correspondence I have had with these Officers.

Will someone please help me?

Sincerely and with great urgency,

CD

EMAIL: False report - Addendum to Formal Complaint of Serious Misconduct - BPD case no. REDACTED

July 13th 2015

To:

Captain Hershey

cc:

SMylett@bellevuewa.gov <SMylett@bellevuewa.gov>; CBalducci@bellevuewa.gov <CBalducci@bellevuewa.gov>; bellevuepd@bellevuewa.gov <bellevuepd@bellevuewa.gov>; Seattle.fbi@ic.fbi.gov <Seattle.fbi@ic.fbi.gov>; jensullivan@seattletimes.com <jensullivan@seattletimes.com>; lkamb@seattletimes.com <lkamb@seattletimes.com>; lthompson@seattletimes.com <lthompson@seattletimes.com>; mcarter@seattletimes.com <mcarter@seattletimes.com>

RE: Felony assault by strangulation BPD case no. REDACTED

Captain Hershey,

No. You are 100% incorrect and even you even begin with the same narrative about me "running" up the street Officer Peacey wants to put forth through Officer Wyche. 

The false reporting only continues from there.

Why did Officer Peacey threaten to arrest me for breaking the 2-party consent law (her reason for not reviewing the video and encouraging other officers at the scene not to view it)?

You are saying the video is evidence. 

Clearly then, Officer Peacey made a serious error - one that has allowed this attempted malicious prosecution.

Why is the video described incorrectly when any person can see the report does not match the video?

If I was clearly in the wrong, why does the assailant not want to pursue the case?

 I can tell you why -- because they are caught in a lie and trying to find a way out, since May 19th. 

Your office is facilitating this by not even doing the most basic due diligence in investigating.

 The suspects are limiting their liability, might I add far better than your department is doing.

My right to due process is being violated, and this unequal protection under the law is not going to be accepted.

Your Officers accused me of a crime that could ruin my education, as I am pursuing a certification program that requires background checks.

You can blame me all you want, but I didn't break the law here, and I will be exonerated completely.

Your department has treated me like a criminal from the first moment of interaction.

I hope you realize the extent of the damage your department's dishonesty is doing, and that by continuing to support a false narrative you are now actively participating in the pattern of misconduct.

Please add this e-mail chain to my formal complaint of serious misconduct Detective Jensen sent to the Office of Professional Standards earlier this month, and respond that you have done so.

Thank you for your time.

Sincerely,

CD

EMAIL: RE: Case no. REDACTED - Re: Info Regarding Call

Mr. D,

you have seen the report and know that the case was sent to the PA’s Office with a request to charge you with disorderly and harassment.

When I viewed the video and read your statement, I see why the officers made that request.

When you saw the traffic violation and heard the loud music you should have called the police and not ran out to confront your neighbor. Let us talk with your neighbor.

In my mind, it appears that you were the primary aggressor, so I clearly understand why the officers did what they did.

Today, I spoke with Assistant Prosecutor Torrey.

 I do not have all the dates, but when the case was sent back to the officer for more info the Prosecutor’s wanted the officer to contact the other party to see if they wanted to pursue charges. 

 I believe they said no, so nothing is going to happen as a result of this incident. 

 I need to wait for the final review from the PA’s Office to confirm that.

You and your neighbor need to work this out by talking with each other with an officer or via the City’s Mediation Program.

Please call me, so we can talk.

Captain Jim Hershey

425-452-4594

EMAIL: Re: Case no. REDACTED - Re: Info Regarding Call

July 13th 2015

Captain Hershey,

You are the first person to inform me that the case was actually sent to the COB prosecutors office.

I was told May 19th by Officer Peacey that the case would be referred to "the prosecutor's" office without charging documents.

When I called Jeff Tory, City Attorney, on June 9th 2015 he had not heard of the case and had put a request in for more information.

No one has contacted me before or since from their office or yours about more information regarding this case.

The case was reviewed, with my written statement and video present for review, but was the obviously incorrect recommendation made to the prosecutor revised in any way?

When was the case initially sent to the COB prosecutor's office? Was it after June 9th?

When may I expect to be contacted regarding the status of my formal complaint or with whom do I inquire regarding the status of my formal complaint to the Office of Professional Standards regarding the serious misconduct of Officer's Peacey and Wyche?

Thank you for your prompt attention to this matter.

Sincerely,

CD

EMAIL: RE: Case no. REDACTED - Re: Info Regarding Call

Mr. D, 

Officer Wyche is listed as the investigating officer for this incident.

The video and your statement were booked as evidence. They are both part of the case file. 

 I have reviewed both of them along with the case file.

I also placed a copy of your statement in the file so it is in the case file as well as the evidence locker. 

 The video can only be retained in the evidence locker, however, it can be retrieved for viewing.

As you know the case was sent to the COB Prosecutor’s Office for review.

After their review is finished they will contact the appropriate parties.

Captain JC Hershey

Bellevue Police

Phone: 425-452-4594

EMAIL: Case no. REDACTED - Re: Info Regarding Call

July 12th 2015

To:

Captain Hershey

JCHershey@bellevuewa.gov

RE: BPD case no REDACTED

Captain Hershey,

Thank you for your response this evening.

To clarify my understanding, you have personally reviewed the entire BPD Case No. REDACTED, adding my "statement" sent via e-mail to the case file. You are confirming the case has been sent to the Bellevue City Attorney by "the investigating officer".

Is the "investigating officer" you refer to Officer C. Wyche?

When was the case sent to the Bellevue City Attorney?

Is my handwritten, signed witness statement from the date of the incident present in the case file?

Is the copy of the video given to Officer White present in the case file?

When may I expect to be contacted regarding the status of my complaint, or with whom do I inquire regarding the status?

Detective A. Jensen is the Supervisor who forwarded my complaint to the Office of Professional Standards.

Thank you for your assistance.

Sincerely,

CD

EMAIL: Info Regarding Call

Mr. D, 

My name is Captain Jim Hershey. I called you to let you know that I was assigned to review your case.

You can call me at 425-452-4594.

Your statement was booked into evidence as part of the case. 

 I made a copy of the statement that will be included in the case file.

The case was sent to the City Prosecutor’s Office for review by the investigating officer.

Captain JC Hershey

Bellevue Police

Ph: 425-452-4594 

EMAIL: BPD Case No. REDACTED- Captain Hershey's message - 3rd request for information

Friday July 10th 2015

From:
CD

To:
Bellevue Police Department
Bellevue, WA

cc:
> CBalducci@bellevuewa.gov;
> SMylett@bellevuewa.gov;

RE: Phone message July 8th


To whom it may concern,

I did not receive a phone message or an e-mail today regarding the call I
received Wednesday July 8th at 3:30pm from Captain Hershey. Captain Hershey
did not state the purpose of his call.

If Captain Hershey is now unable to respond, please tell me who I am to
correspond with about my complaint to the OPS, which is under review.

Yesterday night July 9th at approximately 11:20PM the assailant B. Bhamber
was out in front of my house taking a very slow walk with his father while
staring into the front windows of my house. There is no reason to be
directly on the side of the curb in front of my house where our cars are
parked, to take a walk at that time of night. I find this activity to be
alarming given his past physical assault on my person, and definitely
consider it harassment. I will be seeking an anti-harassment protective
order if this continues.

I expect to be contacted next week with information on how the police
department plans to proceed with the following:

1.) A general or tentative timeline for the OPS review process;
2.) a response regarding why a citizen's arrest for this felony assault
cannot be accepted and filed with the King County prosecutor;
3.) a formal liason with whom I may correspond directly regarding these
matters in the future.

I will not communicate by phone. Please respect this preference. I will
continue to contact your department until there is a written response or
written notice of a pending response to my questions.


Sincerely,
CD

EMAIL: Re: BPD Case No. REDACTED - Officer Hershey's message

July 9th 2015

To:
Bellevue Police Department

cc:
CBalducci@bellevuewa.gov;
SMylett@bellevuewa.gov;

From:
CD

RE: Phone message July 8th

To whom it may concern:

I did not receive a phone message or an e-mail today regarding the call I
received yesterday July 8th at 3:30pm.

The Bellevue police have all the information to complete the arrest of my
assailant. If Captain Hershey has something he wants to say to me, he may
say it via e-mail. I do suggest he speak with the city attorney Jeff Tory if
he is worried about saying something incorrect.

I don't see why ignoring this issue is going to make it any better in the
long run, but I am willing to listen to the reasons for this extreme delay
in service. My impression here is that someone is trying to cover up a
mistake, as there is no other reason I've been given for why the assailant
was allowed to break the law without consequence.

Compounding this error by refusing to speak with me is not professional.

I will be copying the Mayor of Bellevue and the police Chief on all
correspondence from this point forward, as I have not been given a direct
contact or any where to send information, only a vague phone call message
from Captain Hershey.

Please respond with the status of the assault investigation (BPD case no
REDACTED) and the status of the formal complaint which is being reviewed by
OPS.

Sincerely,

CD

EMAIL: RE: BPD Case No. REDACTED- Officer Hershey's message

Mr. D,

Your email has been forwarded to Captain Hershey.

Respectfully,

Detective A. Jensen
Bellevue Police Department
Investigations
Cell: 425-766-6961
Desk: 425-452-6915

EMAIL: RE: BPD Case No. REDACTED - Officer Hershey's message

July 8th 2015

To:
Bellevue Police Department

From:
CD

RE: Phone message

Hello,

I received a phone message at 3:30pm today July 8th 2015 from Captain Jim
Hershey requesting I call him back, stating no further information.

I do not wish to communicate over the telephone. Please communicate with me
via e-mail, or leave a detailed voice message stating what, if any,
information is being requested or is required.

Thank you for understanding the need for complete transparency in this
matter.

Regards,

CD
REDACTED (please use e-mail)

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