The Facts Matter:
- (2015) My neighbor made a sworn statement that I approached him in a parked vehicle.
- Officer Wyche stated I impeded the vehicle progress (disorderly conduct charge)
- The video shows I was in the street first, walking slowly, with the right of way, and Bhavpreet Bhamber either put his car in Drive, or was never in Park, and then began to drive directly at me, when I was already in the middle of the street.
- Bhavpreet Bhamber stated he knew I was in the road first.
- The disorderly charge is then factually invalid.
- The "harassment" charge must therefore apply to all parties, but Officer Wyche chose me
- The suspect (Bhavpreet Bhamber) who punched and attacked/choked me filed a false report, ultimately, with the video evidence, proving themselves guilty of multiple crimes!
- I complained the day after the assault to the police, over the conduct of Officer Peacey on scene, all not knowing the plan to violate my rights was in motion.
- The email complaint I wrote then caused a reaction where Officer Wyche and Officer Peacey decide to attempt to falsely charge me, BEFORE they even received the FALSE statements from the suspects.
- The Bellevue police said I was impeding a vehicle (false), that I wasn't allowed to record video in public (false), that I harassed my neighbor (false) .. and that my speech alone is the cause for the attempt at criminal charges.
- The FACT Bhavpreet Bhamber violated a City noise ordinance (criminal misdemeanor, which he continued to do), made illegal exhaust modifications (criminal), sped through stop signs (traffic violation), assaulted me by strangulation (2nd degree felony) and made false statements (Felony perjury) .. all ignored...
- I had to take Bhavpreet Bhamber to a Anti Harassment Protection Order hearing after he kept harassing me, and was again denied after the Court refused video evidence of the earlier assault, and let the suspect lie under oath again.
- This is all over a violation of the United States Constitution -- which is a Federal crime, including Conspiracy and Obstruction charges.
- I found out about this police conduct when I filed for the records.
- I requested the police do their jobs.
They refused. That was almost a decade ago.
Police Chief Mylett fled town.
- Most senior command involved (Hoffman, Ingram, Arpin, Hershey) are now retired with pay.
- Wyche and Peacey are still getting paid to violate our rights (2024)
- The Courts in King County Washington also refuse to follow the law.
- I tried to bring this to the attention of the FBI Seattle, and they refused to acknowledge the case, while Trump was in charge.
- I tried to ask the King County Sheriff for help and was threatened with arrest by the receptionist. There is video of that here.
- District Court Judge Peter Nault died after ruining my claims with his incredible hubris and lack of knowledge.
I am unable to complete the judicial process myself, and was denied due process, the entire time.
ALL COURT FILINGS
available here:
King County Washington
SMALL CLAIMS v ASSAILANTS:
153-10848
153-01849
153-10850
Vacate for FRAUD motion and Writ of Mandamus v Judge Nault's erroneous decisions:
16-2-29894-0-SEA
Denial (Improper) :
17-2-05190-SEA
17-2-05629-4-SEA
FINAL: 17-2-06831-4 (Judge Catherine Schaeffer refused the actual evidence, accepting ZERO REPLY from the defendant, while denying my factual claims, again without a trial)
FEDERAL CASE:
Case 2:16-cv-00719-RAJ
STATE SUPERIOR COURT:
on remand: 16-00002-09433-3
Bellevue WA police
|
|
Washington State Law:
Use of force—When lawful.
|
\/
....The guy and his brother chased me down the street after driving at me, then punched me in the head, causing me to go unconscious and fall to the ground, and then he strangled me and I couldn't breathe, so my brother had to hit him in the face. He forgot that part in his statement.
RCW 9A.36.021
Assault in the second degree.
(1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:
(a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or
(c) Assaults another with a deadly weapon; or
(f) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or
(g) Assaults another by strangulation or suffocation.
(2)(a) Except as provided in (b) of this subsection, assault in the second degree is a class B felony.
|
\/
Bobby attacked me
because he and his brother Jimmy have a perception
that all white people are racist.
So... Bobby committed a hate crime; he didn't act in self defense..
RCW 9A.36.080
Hate crime offense—Definition and criminal penalty.
(1) A person is guilty of a hate crime offense if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim's race:
(a) Causes physical injury to the victim or another person;
(b) Causes physical damage to or destruction of the property of the victim or another person;
|
|
|
|
|
|
\/
Assailant 1: Bhavpreet "Bobby" Bhamber Singh - HT 6' WT 235 lbs
His actions were NOT in self defense.
Bobby lied to police on scene and in court multiple times.
The Bellevue police submitted false statements before Bobby mailed his written in, days later!
Punjabi MC's Knight Rider Bhangra
-- respectfully, one of the most bangin' party jams that ever existed...
RCW 46.61.050
Obedience to and required traffic control devices.
Jaspreet (Jimmy) and Bhavpreet (Bobby) assault myself and my brother repeatedly instead of calling the police.
|
|
Both cops, Wyche and Peacey, are employed with no bodycams.
Wyche assaulted a woman in her own home a few years later.
Wyche and Peacey are still employed in Bellevue (2022)
|
Initial police misconduct complaint
To:
Prosecuting.Attorney@kingcounty.gov
Bellevue Police Department
Re: Bellevue Police Case 15-24001
Driver Bhavpreet Bhamber runs stop sign in violation of RCW 9A.36.021 while violating City of Bellevue noise ordinance.
I told him that was illegal and I would call the police.
He attacked me with his brother, and my brother fought them off and made them retreat.
My brother is the only one who called 9-1-1.
The Bhamber's hid their brother Imam, who was a direct witness to the assaults by his brothers.
After the 9-1-1 call, 4 Officers responded.
2 Officers refused to watch this video.
2 Officers watched sporadically a single time, without review, and did not confirm their suspicions with the video evidence that was readily available and presented to them.
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 to assault me further.
Both of the assailants then 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.
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 was extremely upset that I would not accept an apology from the brother of the aggressor, and that I used a single profanity about the situation.
At one point, the Senior Officer screamed with hands opened wide that 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 C Wyche briefly viewed the video ONCE when they arrived, and Officer C Wyche 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.
Signed CD
|
|
|
|
|
===============
~May 20th-21st 2015
Bellevue Police Response 1:
Jason McElyea calls my brother in response to my e-mail and states I am "not going to like what he has to say".
I didn't bother to call back.
I never spoke to McElyea.
I continued to communicate in written form, which the police appear to avoid and use phone calls to prevent an evidence chain from appearing.
That appears to be a trick they learned while being taught the enforce the law.
James Hershey employs this tactic and refuses to answer my direct questions and pad his own excuse stockpile. CPT Hershey's investigation report includes no witnesses and no written statements, merely his observation that nothing illegal occurred without reference in detail to the evidence to support his claim.
The evidence, in fact, disputes that claim and is contrary to it.
A simple digital forensics analysis and audio transcript would prove my statements true and theirs false.
So they don't do it.
Good trick! ALSO ILLEGAL!
|
|
|
|
|
==============
July 2nd 2015
I finally received the case file I requested under FOIA, which proves the police lied, and further, the suspects submitted false police reports. I now make a formal complaint of serious misconduct. That complaint has nothing to do with my actions, but the actions of the police alone. The Bellevue police then refuse to investigate the complaint while claiming they did for the next 6 years.
Formal Complaint:
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-formal-complaint-of-serious.html
To:
Officer Seth Tyler, PIO
c/o Bellevue Police Department
Bellevue City Hall
cc:
Mayor Claudia Balducci
cbalducci@bellevuewa.gov;
Steve Mylett, Chief of Police
smylett@bellevuewa.gov;
Jim Jolliffe, Deputy Chief, Operations
425-452-4443
jjolliffe@bellevuewa.gov;
Patrick Spak, Major, Investigations
pspak@bellevuewa.gov;
Patrick Arpin, Major, Patrol Operations
parpin@bellevuewa.gov;
Federal Bureau of Investigation - Seattle Division1110 3rd Avenue
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
lthompson@seattletimes.com
lkamb@seattletimes.com
jensullivan@seattletimes.com
mcarter@seattletimes.com;
File Attachments:
15-24001 Disclosure Request (1.86mb) Unredacted police report
To whom it may concern,
I was the victim of a felony assault on May 19th 2015 (BPD Case no. 15-24001).
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 thumb drive, 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 Torrey, 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"
|
|
|
|
=======
No response.
I wait for days while Bellevue police simply sit in violation of CALEA complainant notification policy.
JULY 8th
Follow up to Detective Jensen et al
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-4th-request-to-accept-citizens.html
JULY 8th
CPT. Hershey left a Voicemail and wanted me to call him.
I emailed asking him to email me.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-bpd-case-no-redacted-officer.html
-The above message is acknowledged as forwarded to CPT Hershey
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-bpd-case-no-redacted-officer_8.html
JULY 9th
No reply from CPT Hershey.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-bpd-case-no-redacted-officer_9.html
JULY 10th
No reply from CPT Hershey
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-bpd-case-no-redacted-captain.html
JULY 12th, Sunday.
Response from CPT. Jim C. Hershey, Patrol Captain BPD
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-info-regarding-call.html
JULY 12th
Clarifying if CPT Hershey is responding to my complaint, as he addressed no issues I brought up and doesn't have any questions for me. He insists on talking off the record.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-case-no-redacted-re-info.html
JULY 13th
I receive another vague message, as if I requested a status on my own case and not the Misconduct complaint.
"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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-case-no-redacted-re-info.html
|
|
|
|
|
=============
JULY 13th 2015
I respond:
"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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-case-no-redacted-re-info_13.html
|
|
|
|
|
=====
JULY 13th 2015
Bellevue Police Response 2:
CPT James Hershey (RET) replies again:
"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"
|
|
|
|
|
========
JULY 13th 2015
I reply
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>
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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-false-report-addendum-to-formal.html
|
|
|
|
|
=========
JULY 14th 2015
No reply from CPT Hershey.
I never hear from him again. He NEVER answered any of the questions I had or addressed any of the basic questions you would imagine an formal complaint investigator would ask. He was the OPS liaison and refused to confirm this!
|
|
|
|
|
=========
JULY 15 2015
In secret and without releasing this to me until years later in FOIA request, I obtained the information that on July 15th 2015, Captain Hershey submitted his report.
-- Without evidence.
-- Without witness statements:
- Captain Hershey's ACTUAL Police Internal Report -
"Christian Dorsett filed a complaint stating the Officers Wyche and Peacey did not listen to his side of the story and threated to arrest him for no reason, as they were investigating his assault complaint.
Dorsett reports that he was just trying to defend himself after he confronted a neighbor regarding a traffic violation and noise complaint He reports that during this confrontation he was attacked by that neighbor.
He claimed that the neighbor put him in a choke hold and he had trouble breathing.
He also claimed that his statement and the video were not part of the report and was not sent to the Prosecutor's Office with the rest of the case for review.
He later spoke with Lt. McElyea about the conduct of Officers Peacey and Wyche and when Lt. McElyea told him that he agreed with the investigation and the results reached by Officer Wyche and Peacey, Dorsett then filed a complaint against Lt. McElyea indicating that he was not impartial.
Conclusion:
I reviewed the case file, all statements and the video.
The reports filed by the officers clearly document the incident and the action taking place on the video. After reviewing all the evidence, Officers Wyche and Peacey viewed Christian Dorsett as the primary aggressor in this incident.
The case was sent to the COB PA's office for review.
Based on his review Assistant Prosecutor Jeff Torrey viewed C. Dorsett as the aggressor in this incident, however he elected not to charge Dorsett because the victims, the Bhamber brothers stated they would not assist with the prosecution. I also reviewed of the reports of Officers Wyche, Peacey and White in which they documented their roles in regard to this incident.
In both Officer Peacey and Wyche reports there is a detailed account of the actions on the video from which the officer concluded that C. Dorsett was the primary aggressor. The video that I viewed online and the video from the evidence locker were the same video and showed the same sequence of events that are documented in the reports.
On Wednesday 7/8 in the early evening hours, I called Dorsett and left him a message asking him to call me so we could talk about this incident. I also told him that I found his statement and was sending a copy to records to include with the file. After leaving work I found a message from that Dorsett that was forwarded to me by Det. Jensen which stated that If I wanted to communicate with him he would only do so in e-mail. When I returned to work on Sunday, I sent Dorsett a message saying I had reviewed the file. He sent me back an e-mail thanking him for dealing with him.
On Monday 7/13/15, I spoke with Jeff Torrey, COB Assistant Prosecutor.
He told me that he had reviewed the case file video. He also told me that he had spoken with Christian Dorsett about this incident and Dorsett was aware that he was considering filing charges against him.
He told me that the case was sent back to Officer Wyche for additional info, but the request was simply a request to re-contact the Bhamber brothers to see if they would assist with the prosecution of Dorsett. Torrey told me that the Bhamber brothers did not want to assist with the case, so he was not going to file charges against Dorsett.
I sent Dorsett an e-mail telling him I reviewed the case file and the video and I could see why the officers considered him the primary aggressor. I also told that the Prosecutor was likely not going to file charges against him in the matter. He was not happy and replied essentially telling me how wrong I was.
I certify under penalty of perjury under the laws of the State of Washington that the above information is true and correct.
Signed Reviewed by
Captain J C Hershey C-138 7/15/15.
Approved complaint.
Captain to forward complete DS to OPS."
|
|
|
|
|
=====
JULY 15th 2015
Still NO reply from Police Department.
I send this message:
"July 15th 2015
To:
Bellevue WA Mayor C. Balducci
Brad Miyake, City Manager
David Grant, PIO
Chief Mylett, Bellevue Police Department
cc:
Captain Hershey
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 liaison 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 liaison. 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 liaison 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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-question-re-bellevue-wa-police.html
|
|
|
|
|
===================
JULY 16th 2015
No Reply from Police. I send my request above again.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-2nd-request-re-bellevue-wa-police.html
|
|
|
|
|
=======================
JULY 16th 2015
DETECTIVE A. JENSEN replies.
"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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_16.html
|
|
|
|
|
=======================
JULY 16th 2015
Bellevue Police Chief Stephen Mylett replies
"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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_20.html
|
|
|
|
|
======================
JULY 16th 2015
OFC DEBRA INGRAM replies
"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
dingram@bellevuewa.gov"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-fw-2nd-request-re-bellevue-wa.html
|
|
|
|
|
=======================
JULY 16th 2015
The City of Bellevue Mayor Claudia Balducci replies
From: CBalducci@bellevuewa.gov
To: SMylett@bellevuewa.gov ; CD
Cc: bellevuepd@bellevuewa.gov ; BMiyake@bellevuewa.gov JTorrey@bellevuewa.gov ; LRiordan@bellevuewa.gov ; JCHershey@bellevuewa.gov
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"
|
|
|
|
|
=========================
JULY 16th 2015
I respond
"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 embarrassed 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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa.html
|
|
|
|
|
====================
JULY 16th 2015
I respond to all
"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
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 Bellevue College taking introductory phlebotomy.
Sincerely, CD"
|
|
|
|
|
===============
JULY 20th 2015
LT INGRAM replies... and completely disregards my formal complaint.
Later promoted to Captain. Hoffman to Major. PIO Seth Tyler left and applied for The Amazing Race on CBS.
"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?
A:
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?
A:
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.
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?
A:
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?
A:
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."
|
|
|
|
|
==========================
JULY 20th 2015
I respond
"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?
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.
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
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_5.html
|
|
|
|
|
=============
JULY 20th 2015
NO reply that day so I send an ANGRY reply
Hello,
I have given your offices enough time to realize your mistakes. There is no more time.
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. [EDITOR: I passed the class with A's. I couldn't continue any longer though and dropped out just prior to gaining an internship]
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"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-bpd-case-no-redacted-request-to.html
|
|
|
|
|
==============
July 21st 2015
Bellevue Police Response 3:
Dep. Chief Jim Jolliffe
Officer PEACEY s misinterpretation of the law on two-party consent applies to law enforcement and private conversations only. Since your complaint, she has been corrected on the privacy laws.
Officer PEACEY' s opinion on the validity of the video does not affect the fact that it was booked into evidence for the case.
It was determined that there are no policy violations.
Now that you have threatened civil law suit against our department, we will now cease communications with you regarding your complaint.
Sincerely, Jim Joliffe,
Acting Chief,
on behalf of Chief Stephen Mylett
|
|
|
|
|
=================
September 9th 2015
City of Bellevue Risk management response 1:
The Bellevue Police Department preformed [sic] and [sic] extensive investigation into your previously submitted complaints.
After reviewing their investigation, along with your documentation and the video referenced in your claim, we found the reports filed by the officers document the incident and the actions occurring within the video clearly and truthfully. We also found your statement and video were part of the report were part of the report and confirmed all statements and video evidence were submitted to the City Prosecutor's office for review.
On May 21, 2015, the Prosecutor's Office received the reports, statements, video for review and potential charges. After reviewing the evidence and supporting documentation, the Prosecutor agreed with the Police Department that you were the primary aggressor in this situation. However, he decided to not proceed with the charges against you because the other parties involved stated they would not assist with the prosecution.
After our review, we found no evidence of negligence, wrong doing or police violations on the City of Bellevue or any of its employees. All parties involved were thorough and clear in their investigations, reporting, reviews and handling of the matter. Therefore, we are unable to honor your claim for damages
Sincerely,
/Unsigned/
City of Bellevue Risk Management
|
|
|
|
|
============
August 24th 2015
"From: Mylett, Steve
Sent: Monday, August 24, 2015 4:35 PM
To: Balducci, Claudia; Risk; Chelminiak, John; Torrey, Jeff; Council Cc: Miyake, Brad; Berens, Mary Kate
RE: Request to accept citizen's arrest for felony assault; formal complaint and proof of police misconduct ignored by command staff
Mayor Balducci and Council, I am providing you a response to Mr. Dorsett's e-mail only to notify you Mr. Dorsett's claims were fully investigated and found to be baseless.
Mr. Dorsett was recently provided a copy of the Department's findings and has started his e-mail campaign again.
In fact, Mr. Dorsett is quite lucky he was not arrested for the very conduct he is accusing his neighbor of engaging in.
I imagine you may continue to receive e-mails from Mr. Dorsett.
I remain available to discuss this issue with you at any time.
Respectfully,
Steve Mylett"
|
|
|
|
|
======
September 24th 2015
Bellevue Police Response 4:
Chief Stephen Mylett sends an e-mail with "Draft" as subject.
"Let me go on record with you Mr. D, at this point, no one from the City of Bellevue is accusing you of anything. You state correctly, you have committed no crimes and you have no criminal record. I would point out the following to you:
1. There was no arrest made and no charges filed against you in this incident. Therefore, this incident would not come up on a conviction/non-conviction history check as it was never charged.
2. An officer's determination of probable cause does not equal a charge and definitely does not equal a fact. A fact is not found until it is found by a jury. Until there is a finding by a jury, it is just considered evidence.
3. Evidence can be presented from all sides and varying points of view, but the jury determines what those facts are from the evidence presented based on weight of the evidence, credibility, and the law. Every jury instruction in this State makes it clear that the filing of a charge is not evidence that the charge is true. Until a fact finder makes an ultimate finding, you are considered innocent. The Officers' referral that day was just that, a referral.
4. Each case presented for prosecution is reviewed based on the evidence available, merit, and the likelihood of prevailing at trial while weighing all available affirmative defenses. Prosecutors decide which cases will move forward to trial based on a set criteria. In this particular case, the attorneys who reviewed your video footage and other evidence declined to prosecute any involved parties. That determination was made independent of the Bellevue Police Department. I realize you struggle with this decision; unfortunately, I do not know how to assist you with coming to terms with the prosecutor’s declination to bring this case to trial.
I understand that you feel that the officers' conclusions were false. I cannot change your perception just as I cannot change the perception of all the witnesses on the day of the incident as those thoughts and beliefs rest within each individual person.
The parties present at the scene that day have different interpretations of what happened, just as people who watch the video footage of the event draw different conclusions.
One's observations or perceptions do not automatically make another's null and void.
In the end, we base our decisions on the totality of the circumstances and what we can prove or can’t prove.
Mr. D you have accused the Bellevue Police Department of many things based on your perception (e.g. not reviewing the evidence, not viewing the video, not having your written statement); does contradictory evidence automatically make you a liar because of your perception?
No it does not.
In your emails and on your website you use many terms such as "seems", "impression", "my belief", and "the appearance."
I cannot change your belief, I cannot change your impressions, I can only provide you with knowledge from my position of how the criminal justice system works and inform you of our processes and policies.
In fact you have done the same thing by providing us with all of your materials to tell your story and share your knowledge.
I was hoping to share the police department’s view with you in person so we could come to a better understanding of each other's position. I, too, am disappointed that we will not be able to meet to discuss this issue.
The incident involving your neighbors has been investigated, as were the complaints you made against the Bellevue police officers.
I understand you strongly disagree with the findings, but they will stand because no one has presented any information that would cause these determinations to be changed.
We have reviewed all of the materials in your claim for damages; all of your complaints within your emails and social media posts; and all materials on your website chronicling your complaint.
I have reviewed your materials from various positions and it is unfortunate that this incident has upset you to the extent it has and that you appear to be unable to move on.
Mr. D, the Bellevue Police Department is not your enemy.
I realize you think differently, but I am not sure how I can help you overcome your dissatisfaction short of agreeing with your positions.
We protect and serve all members of the public without bias or prejudice.
If the traffic and noise issues you have reported continue, we will use our resources to address your concerns to the best of our abilities.
Due to the fact that I am unable to resolve your complaints, this message will serve as my final response to you regarding this matter.
The City of Bellevue has closed this case and, since you have indicated that you have retained an attorney, in the future, we will communicate with you through your legal representative.
I wish you the best in your future endeavors.
Sincerely,
Chief Mylett"
|
|
|
|
|
===
OCTOBER 20 2015
Mylett sends an email to the council defaming me in order to protect his own ass.
From: "Mylett. Steve" <SMylettebellevuewa goy>
To: "Balducci. Claudia" <CBalducciebellevuewa.gov>
CC: "Miyake, Brad" <BMiyakeebellevuewa.gov> "Riordan. Lori" <LRiordanebellevuewa.gov> "Chin. Melissa" <MChinebellevuewa.gov>
Date: 10/20/2015 2:58:21 PM Subject: Fwd: Constituent Issue (Intranet Quorum IMA00310843)
Mayor Balducci,
I'm not sure how much you have been following Mr. C and his efforts to embarrass and attack the City, the Police Department, and me personally.
I am convinced at this point, should any member of the police department contact Mr. D : it will just exacerbate the situation and create more conflict. The only contact he would welcome is if the message included agreeing with his position, arresting his neighbor, terminating the officers he has targeted and sending me back to Texas.
He has clearly stated he suffers from mental illness and will continue on his campaign to seek justice.
Every attempt he has made to bring others into the conversation, to include the media and the DOJ, has failed. [EDITOR: Not every attempt.. PS Didn't you leave town six years later? https://firemylett.blogspot.com/ :)]
He tweeted that he has contacted many attorneys and they have all declined to pursue any type of litigation.
The vulgarities he has launched against city staff and his aggressive behavior have caused me to explore charging him with a criminal offense or seeking a commitment order.
In both instances, the standards in Washington are such that I am unable to take possession of Mr. D in order to get him help.
In other words he has not crossed the line yet.
Signed, Chief Mylett"
[EDITOR'S NOTE: Above are the words of a true coward.]
|
|
|
|
|
===
Mylett later responds to my complaint in a signed letter which concludes:
"The criminal allegations you allege should be directed to an agency with jurisdiction over the city of Bellevue. These agencies include the King County Sheriff's Office, Washington State Attorney General's Office, and the Federal Bureau of Investigation. I, and the Office of Professional Standards, cannot authorize an investigation into your allegations due to a conflict of interest as you have raised criminal allegations against the highest ranking members in this agency.
Your complaint has been noted in our Office of Professional Standards as an expression of dissatisfaction with a policy, procedure, practice, philosophy, service level and legal standard of the agency.
Sincerely,
Stephen L. Mylett
Chief of Police
|
|
|
|
|
====
November 19th 2015
One day before the Small Claims ruling by Judge Nault, I took my video camera to the police department. I told them I had a meeting with Lt. Ingram.
Then CPT. John Hoffman came out to convince me that everything was being "handled".
 |
Hoffman purposfully ignored Twitter and chose Facebook because... ??
https://bellevue-wa-police-misconduct.blogspot.com/p/ofc-seth-tyler-pio-misconduct.html
Later, after Trump violated the constitution, the Courts found... I was right all along. Great. Bully for me.
|
|
|
|
|
==================
November 21 2015
I had filed a small claims case against my neighbor, erroneously thinking it was the proper venue and heard the case October 30th 2015.
The judge, Peter Nault, was previously removed by the King County prosecutor for refusing evidence in DUI cases, and did not properly send my case to Superior Court or dismiss without prejudice.
Instead, he again REFUSED the video evidence, and made a ruling on what appeared in his mind alone.
To wit:
Judge Peter Nault (deceased) District Court Response:
"Frankly, and regardless of the contention of the defendants in their counterclaim, I am going to leave all the parties where they are and without remuneration to anyone.
This scuffle simply got out of control precipitated by the wrong actions of the plaintiffs who may have ultimately go the short end of the fight.
But when you initiate the physical conflict, you cannot be heard later to complain that your loss was not expected. [EDITOR] VIDEO SHOWS I WAS ATTACKED FIRST
The claims and counterclaims are dismissed.
Sincerely,
Judge Peter L. Nault."
[EDITORS NOTE]
Judge Nault later died in 2018 and refused to vacate his ruling or even follow the law allowing me to appeal his decisions. I had to file a writ of mandate, which is NEVER used, to get him to allow the Superior Court to DO THEIR JOB...
...which they did, which apparently means: "Do A Favor To Judge Nault" and ruin my chance at justice, again. See April 24 2017 - Superior Court decision on my motion to vacate.
|
|
|
|
|
========
October 18 2016
Federal Judge's Orders and Conclusions to my pro se lawsuit removed from Superior Court, dismissed and remanded for State claims to Superior court, and dismissed.
In part, Judge Jones' order:
"The video filmed by Dorsett firmly corroborates Officer Wyche's conclusion that charges MAY be appropriate.
That video CLEARLY depicts Dorsett approaching Bhamber in an aggressive manner and instigating a fight.
Dorsett's culpability is ALSO SUPPORTED by the findings of King County District Court Judge Peter L. Nault who dismissed Dorsett's small claims lawsuit against Bhamber AFTER CONCLUDING that Dorsett was largely responsible for the altercation. Dkt. #47 at 5-6.
Dorsett's claim that the Defendants violated his First and Fourteenth Amendments by censoring his activities on social media fails because it is undisputed that Dorsett had a lengthy history of sending vulgar, threatening correspondence to the Bellevue Police Department. Dorsett's claims tot he contrary are without merit.
Because there is NO EVIDENCE supporting Dorsett's accusations that the various officers named in this action violated his constitutional rights, those officers are entitled to qualified immunity
Dorsett asserts various state law claims under RCW 4.96.010 alleging that Defendants' conduct constitutes assault, defamation, conspiracy, harassment, tortious interference, fraud, and negligent and intentional infliction of emotional distress.
These state law claims are predicated on the same allegations discussed above.
... Remand is often more appropriate than dismissal ...
Accordingly, Dorsett's state law claims are remanded to King County Superior Court.
The Honorable Richard A. Jones
United States District Judge"
And had no evidence of?
https://kingcounty.gov/council/legislation/kc_code/15_Title_12.aspx
12.08 IMPERSONATING PUBLIC OFFICERS
12.08.040 Intent to impersonate presumed.
|
|
|
|
|
==================
December 30th 2016
Federal Case remanded to Superior Court and finished.
The City wanted to threaten an Anti-SLAPP claim but their attorney talked them out of something so stupid.
So did the Superior Court Judge the Honorable Bill Bowman, who I saw on his last day in the Court before he retired that same day.
Judge Bowman concluded no attorney's fee's (RCW 4.84.185) would be awarded outside of the minimum, which was ~$400.
I paid when City offered to pay it for me if I promised not to appeal.
|
|
|
|
|
=============
JANUARY 2017
I went downtown to Seattle King County Sheriff's Criminal Investigative Division, who told me to go talk to the Courthouse offices of the Sheriff.
I went. The receptionist got really mad that I wanted to talk to someone in person, and refused to take my documents. Then I showed her the letter from Mylett stating that the KCSO had jurisdiction to investigate, and then she tried to take my documents without my consent. I asked if I could give those documents to someone myself. She then called the Court Deputies to remove me .. for ... ??
I also have that on video in part:
===
January 26 2017
Washington State Patrol refused to investigate when I went to District 2 headquarters up the street from my house.
The officer told me that they had to be directed to investigate by another agency like the State Attorney General.
I thanked him and went home.
Then I wrote the Attorney General.
Again.
They said State Patrol could investigate if they wanted to...
WA Attorney General response
RE: Felony Assault Charges
Dear Mr. Dorsett,
I am an Assistant Attorney General in the Criminal Justice Division and have been asked to respond to your correspondence sent to the Office of the Attorney General on January 20, 2017.
You previously wrote to us regarding this issue on July 9, 2015.
You complained that the Bellevue Police Department mishandled a criminal investigation in which you were apparently involved.
You alleged corruption, cover-up, and a violation of your rights.
I responded to your correspondence by explaining to you that the Attorney General's Office does not have any supervisory, regulatory or enforcement authority over local law enforcement agencies.
I urged you to address your concerns to the leadership in the Bellevue Police Department.
You apparently have done so, but are unhappy with their response.
In your January 20, 2017 letter you request that the Attorney General "direct" the Washington State Patrol to formally investigate the conduct of the Bellevue Police Department in your case.
You specifically identify nine individuals to be investigated.
Please be advised that our office does not have the authority to "direct" the Washington State Patrol to conduct an investigation of a local law enforcement agency, you may want to direct your request to the Washington State Patrol.
They will decide whether or not to investigate the actions of the Bellevue Police Department in your case.
I am sorry that I was unable to be of more direct assistance, but hope that you understand the limited role that our office is legally bound to play in such matters.
Sincerely,
RICHARD L. WEBER
Assistant Attorney General"
|
|
|
|
|
====================
February 2017
Bhavpreet is still harassing me any chance he can.
I failed to install security cameras at this point.
He harassed me then called the cops when I pulled my pepper spray out.
I was going to interview for a job that day and Bellevue police showed up at the business asking for me.
I filed for an anti-harassment protection order and it was denied.
At the anti harassment hearing I filed, Bhavpreet took the evidence given to him for review before entry to the clerk, and hid the video CD under some papers.
The judge stated we could not view the video because it was not entered, then let Bhamber go after he lied again.
The judge said the case was over.
My brother had some choice words for her and almost got put in jail.
I said thank you and left.
|
|
|
|
|
==============
April 24th 2017
Attempt at vacating Judge Nault's ruling is denied -- despite my extensive brief that even gives Judge Nault a gracious out and allows my lawsuit to proceed on the merits.
Judge Catherine Shaffer denies my valid motion to appeal and then vacate Judge Nault, and claims there was no evidence... because Judge Nault threw it away and never entered it in the record.
It exists.
OUR COURT JUDGES delete information by omission as a simple trick, and write to amplify the assumed victimhood of the attacker,instead of the victim -- like in rape cases:
"Appellant's brought claims against defendants, who apparently live in their neighborhood, based on an incident on or about May 19 2015.
Christian Dorsett described at trial, held October 30, 2015, how he aggressively approached defendant Bhavpreet Bhamber for allegedly running a stop sign and playing his Indian music loudly.
Mr Dorsett indicated he was filming and at some point apparently put his camera in or near Mr. Bhamber's face.
Mr. Bhamber brushed or pushed away the camera and Mr Dorsett slapped Mr Bhamber, nearly knocking off Mr. Bhamber's turban (which Mr. Bhamber wears for religious reasons.)
[EDITOR] They attacked me and by brother knocked that turban off by elbowing Bhavpreet in the head while he was choking me.
An altercation then ensued, and the other two parties each came to the assistance of their respective family members.
Police responded and spoke first with plaintiffs, then defendants.
Officers apparently concluded plaintiff was the aggressor. Plaintiffs brought a plethora of claims below, must of which as the District Judge noted, lack an legal basis. The Court did conduct a full trial on plaintiff's tort claim of assault and associated injuries.
Plaintiffs' claimed injuries were bruised skinned knees, head/ear ache and emotional distress.
Plaintiffs admittedly did not seek medical attention and have had no medical evidence.
Mr. Dorsett did present a note from a mental health provider for various diagnoses, but it does not appear any medical provider opinioned the diagnoses were caused by the incident.
Defendants however apparently did receive and document medical attention for injuries Mr. Bhamber received.
According to the defendants, after the incident plaintiffs engaged in a course of harassment, including obscene gestures and constant filming.
Plaintiffs who repeatedly interrupted defendants testimony during the trial below agreed they had engage in constant filming, allegedly in an ongoing effort to prove defendants' Indian music violated a local noise ordinance, and had unsuccessfully made two calls trying to get defendants cited.
At trial the District Court judge asked plaintiffs why their claims were brought in smalls claims court. Mr Dorsett replied he chose that court because it is "expeditious" and a "people's court".
On November 20 2015 the District Court issued a ruling finding plaintiff wrongfully initiated the entire altercation with defendants, and that defendants use of force was lawful self defense and defense of another.
Here plaintiffs could not recover for the consequences of the confrontation they unlawfully precipitated.
Nearly a year later, on September 28 2016, Mr. Dorsett joined by his co-plaintiff, filed for 'relief from judgment" under **RLJ 6.7 mostly based on Plaintiffs own alleged [unreadable] and [unreadable].
Mr. Dorsett requested another contested hearing to "Modify the finding" of the earlier trial on the merits.
The motion was denied.
This appeal followed.
This Court has listened to the trial proceeding and review the record.
None of the evidence supports the plaintiffs' belated contention that the damages in this case exceeded the amount recoverable in small claims court.
Indeed it appears from the record below that potential damages were not even close to that amount.
This Court notes that punitive damages are not available in any Washington court.
Moreover, there is ample support for the District Court Judge Nault's conclusion that plaintiffs had no legal right to any damages at all for injuries they allegedly incurred, because the defendants use of force was lawfully in self defense and defense of another.[EDITOR: It was not and never was... under RCW 9A.16.020]
The District Court judge Nault also correctly ruled that plaintiffs' other claims lacked any legal basis.
On the merits this appeal from denial of the motion to vacate is denied and the District Court is affirmed.
It is so ordered.
Signed
Judge Catherine Shaffer
King County Superior Court
https://kingcounty.gov/courts/superior-court/directory/judges/shaffer.aspx
|
|
|
|
|
========
January 9th 2018
City of Bellevue Attorney's Office conclusion to my request to finally review the case:
"'The evidence' which you want to present to the Bellevue City Attorney's Office and the Office of Risk Management has been reviewed by the City and by three separate courts.
It does not support the conclusions that you seek, and the City respectfully declines to meet with you to review the events of May 2015.
Sincerely,
Cheryl A. Zakrzewski
Assistant City Attorney,
City of Bellevue."
|
|
|
|
|
============
March 2018
Seattle F.B.I. Response
"Dear Mr. Dorsett,
We received your follow-up letter dated March 13 2018, concerning allegations of misconduct by employees of the City of Bellevue and specifically claims of perjury by Bellevue Police officers.
After again reviewing the video and the evidence you collected (1), we have determined that it does not constitute any violation of federal criminal statutes. Accordingly, no further action will be taken by this office.
You point out discrepancies between the video and the reports and sword statements from the Bellevue Police officers.
We found nothing in those items to support your allegations of perjury.
Those reports and sword statements were based on the officers' observations and interactions and they appear to accurately document the incident that occurred on May 19 2015.
(1) We did not make an assessment on the accuracy of the video transcript and instead reviewed the video itself
Sincerely, Jay S. Tabb, Jr.
Special Agent In Charge
signed by
Ryan W. Bruett
Supervisory Special Agent"
|
|
|
|
|
[[In late 2018 I started a Landscaping business with my brother before I got a head injury in February 2020.]]
I used to be a musician and artist before I earned my degree in Biology in 2014. I wanted to join the Peace Corp and was nominated for Burkina Faso. I wanted to be a clinical lab technician and trained to be one. I am very adept at growing cannabis and computers and I love cats.
A lot of things used to be... some still are.
Ripples never return.
|
|
|
|
|
===============
September 1st 2021
"Mr. Dorsett,
Thank you for contacting the BPD Office of Accountability.
I have reviewed the e-mails you submitted as it relates to your complaint involving case number 15-24001.
In reviewing the content of your e-mails, these allegations were previously investigated under Office of Accountability case number DS 15-013.
I understand that you are renewing your complaint based on the transcription you created of the video submitted as evidence in cases 15-24001 and DS 15-013.
The video was previously reviewed in DS 15-013.
The findings in DS 15-013 were previously communicated to you via letter in July 2015 and in subsequent communications.
While I understand you may disagree with the findings of that investigation, your allegations were previously investigated, including a review of your provided video.
Due to your complaint already being investigated, closed, and findings communicated to you, the Office of Accountability will not be taking further action on this.
Regards,
Sergeant Landon Barnwell
Office of Accountability
Bellevue Police Department
E-Mail- BPDAccountability@bellevuewa.gov
Phone-(425) 452-4552"
==================
On 10/04/2021 8:52 AM Balducci, Claudia <claudia.balducci@kingcounty.gov> wrote:
RE: Brad Miyake must be removed for cause. Terminate or allow resignation.
Chris, believe it or not, I have spent hours reading your materials and messages and have watched your video many times.
I wrote back to you when I was mayor, in detail, to share my thoughts in all honesty.
I continue to see the original incident between you and your neighbors differently than you do and therefore I do not see police misconduct in your case.
But I am very sorry that this situation has been so hard and has become such a focus for you. There is probably no possible action via the criminal legal system that will make it better in your eyes, especially after all these years, but if having some sort of dialogue would help, please know that I am willing to engage in dialogue with you.
Claudia
=====
2021
EMAIL OF EVIDENCE AND LEGAL ANALYSIS OF STATEMENTS I PROVIDE
00:03:22,860 --> 00:03:24,160 Jaspreet: He's not even 18!"
"00:03:17,840 --> 00:03:22,440
ZD: We're 30 years old! We got kids comin' into our family, you're running the stop sign in our fuckin' neighborhood..."
(still approaching )
00:01:58,249 --> 00:01:59,856
cameraman: Then back up! Stop comin up on me!
00:01:59,856 --> 00:02:01,068
JB: I just wanna talk (continues to step forward)
00:02:01,068 --> 00:02:03,948
Cameraman: Ok then. Get the fuck away, six feet away from me!
00:02:04,240 --> 00:02:06,033
Cameraman: Stop coming up on me!
JB: You just hit my little brother in the face bro. (approaches aggressively)"
ZD: Let him go right now, or im going to start hitting you.
00:02:44,820 --> 00:02:45,800
ZD: (to Jaspreet) Tell him [Bhavpreet] to let him [Christian] go
00:02:45,800 --> 00:02:48,723
ZD:NO | Jaspreet: (says something to B Bhamber, instead starts ordering Christian) Get off his [Bhavpreets] leg, get off his leg.
00:02:48,723 --> 00:02:51,894
Christian: I can't! I have to do something! He's choking me! (attempts to rip arm, ripping B Bhamber's shirtsleeve)
00:02:51,894 --> 00:02:52,394
ZD: (Yelling) STOP. NOW!
00:02:52,560 --> 00:02:53,489
ZD: OFF"
Hate crime offense—Definition and criminal penalty. (https://app.leg.wa.gov/rcw/default.aspx?cite=9A.36.080 )
No comments:
Post a Comment