May 21st 2015
To:
Bellevue Police Department
via E-mail bellevuepd@bellevuewa.gov
cc: Bellevue City Attorney
via msarwary@bellevuewa.gov
From:
CD
RE: CASE NO. REDACTED (MAY 19th 2015) NO CHARGING PAPERS
Hello,
I just got off the phone with the Bellevue City Attorney and they have no
information on this case yet.
The Bellevue Police refused to file charging papers, and I believe this was
in error; I could not convince the Senior Officer to review the video
evidence because she was convinced it was in violation of the 2-party
consent law. That was completely incorrect, and now I wonder how much about
the assault laws this officer was actually familiar with.
I may be filing a complaint against that officer, but in the meantime, the
Bellevue Police Department needs to review the evidence with the prosecuter
ASAP and bring the correct charges against this Juvenile suspect.
Below you will find my correspondence with the Prosecuting Attorney's
office. I expect Felony charges to be filed in this case, because after I
looked up the relevant RCW's, a very serious crime was committed on tape and
the police have refused to protect me. In fact, the Senior Officer
threatened to arrest me for filming my own assault, and became very animated
and upset that I would not accept an apology from the BROTHER of the guy who
tried to choke me to death. I have a witness and video evidence below.
Thank you for your prompt attention to this matter.
Sincerely,
CD
May 20th 2015
To:
Dan Satterberg (via Electronic Mail)
Prosecuting Attorney - King County
Prosecuting.Attorney@kingcounty.gov
King County Courthouse, Room W554
516 Third Avenue
Seattle, WA 98104-2362
(206) 296-9000
From: REDACTED
Re: Bellevue Police Case#REDACTED (MAY 19 2015)
VIDEO 1- UNLISTED (ACCESSIBLE BY LINK ONLY)
LINK:
REDACTED (Twenty minutes prior to the assault)
Driver ran stop sign in violation of RCW 9A.36.021. Officers refused to
watch this video. Video index of incident begins ~ 1:11.
VIDEO 2 - UNLISTED (ACCESSIBLE BY LINK ONLY)
LINK:
REDACTED (Second Degree Assault by Strangulation)
After his initial assault where he tries to knock the camera out of my left
hand in violation of RCW 9A.36.041; I reacted immediately and right-hand
open-palm slap him in the face and
tell him to not touch me, to get away, and to call the police. He tries to
grab me again and then steps back to call his brother out.
Both of the pursuers refuse to stop advancing and then begin the second
assault, eventually knocking my camera out of my hand and proceeding to
beat me to the ground and choke me to the point I fear I will lose
consciousness, in clear violation of RCW 9A.36.021.
Only because my brother was there to break up the fight did this person not
succeed in seriously or fatally injuring me.
It was my opinion he was going to choke me to death and I feared for my
life.
I was able to use my remaining air in my
lungs to exclaim he was choking me, yet he refused to let go until my
brother elbowed him in the face (after repeatedly warning the driver he
would do so), an action which possibly saved my life.
INJURY PHOTOS - (ACCESSIBLE BY LINK ONLY)
REDACTED
I did not touch this person until they put their hands on me in an
aggressive manner in violation of RCW 9A.36.041, as I only wanted to talk to
him. He would not let me retreat.
He and his brother escalated the use of force in the situation at every
point, and the Senior Officer refused to listen to my witness statements or
further review the video.
They brought the brother (secondary aggressor) in the grey shirt down to my
yard to apologize, without asking me first, and when I stepped outside to
find him there, I let him apologize for his brother, and told him it wasn't
accepted because they were in the wrong.
I was accused of being the aggressor because the Senior Officer said I swore
and left my yard to videotape in violation of the 2 party consent law (we
were on a public street with no reasonable expectation of privacy
whatsoever, and I tell them both before the second assault that its on
camera).
The Senior Officer appeared upset that I would not accept an apology from
the brother of the aggressor, and that I used profanity about the situation.
At one point, the Senior Officer stated she was "done with me" and that I
could "just mail in my statement".
I asked if any ONE of the FOUR officers present would like to re-watch the
video of both incidents.
They refused to further review the video to investigate fully.
The Senior Officer and Officer Cwyche briefly viewed the video ONCE when
they arrived, and Officer Cwyche was the only one who asked if I would aid
in prosecution (which I said I would).
I was told the case would be sent to the prosecutor without charging
documents. I feel this is an egregious error and I am writing to let you
know I will be following up on this case until charges are filed. There is
no question in my mind assaults were committed and the video will prove who
is the aggressor at all times.
Please review the evidence links provided to you in this e-mail.
Thank you for your assistance.
Sincerely,
CD
REDACTED
----- Original Message -----
From: "Prosecuting, Attorney" <Attorney.Prosecuting@kingcounty.gov>
To: CD
Sent: Thursday, May 21, 2015 11:09 AM
Subject: RE: Bellevue Police Case#REDACTED - Request to file charges
Dear Mr. D,
Thank you for writing the King County Prosecutor's Office. I was unable to
find any information regarding this case in our felony database and without
a suspect's name we are unable to confirm if this matter is being handled as
a misdemeanor by our District Court Unit. If you have the suspect's name
we can confirm whether or not we will be involved in this matter. If this
is not a felony matter, you will need to contact the Bellevue City
Attorney's Office, Bellevue PD misdemeanors would presumably go to the City
of Bellevue prosecutor.
I hope this information has been helpful.
King County Prosecutor's Office
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