Unjustly Targeted For Gun Confiscation By Lompoc Police Department

Discussion in 'Police Encounters' started by sharkbitbob, Sep 22, 2017.

  1. sharkbitbob

    sharkbitbob New Member

    On 9/6/17 at about 9:30 AM, two officers from the Lompoc Police department appeared at my front door and rang the bell. At first, I could only see their hands through the screen door & the inner door, which was only partially closed at the time - the officers mentioned that the neighbors called 911, and I explained that a homeless woman had thrown a fit in front of my home earlier that day, but she had never been inside the house that morning, and obviously she was long gone. I don't know exactly how much time elapsed between her departure and LPD's arrival, because the prosecution insists that 911 transcript are somehow privileged communications that can be withheld entirely at it's discretion. I wanna say 5 or 10 minutes passed, but that's purely speculation - whatever amount of time passed, it was more than adequate for her shuttle her 2 shopping carts completely out of sight - a real achievement considering that she.only moves the carts one-at-a-time, about 70 feet forward with one cart, leave it there, and go back and get the other, move it about 70 feet ahead of the other cart - repeat ad infinitum or until destination is reached.

    Both LPD officers immediately began telling me that I had to let them come inside "to check", but I'm well aware of my rights, and had absolutely NO intention of following their unlawful commands. The ''leader'' of the two, a little tiny "motor" (cycle) corporal, seemed to take it as a personal affront to his authority as a police ''warrior'' - he started making extravagant hand gestures to accompany his unreasonable demands to enter my home - a regular tinpot dictator, on my porch! Within a few minutes a third LPD officer was also demanding entry at my front door - I had been respectful up to this point, but my advice to "get a warrant", soon morphed into "fuck you" every time I was ordered to open the door.

    At this point, I should ID the 3 individuals who I came in direct contact with & unlawfully gained entry to my privately owned residence, attempted to tase me twice, and eventually physically assaulted and kidnapped me - the little baby corporal is identified as "CORPORAL L. Garza" in court documents. The only other police officer identified in court filings is "OFFICER M. MILLER". The third LPD officer isn't named in the criminal complaint, but I know him from our time together at Lompoc Senior High School as students in the late 1970s - Sergeant Allen Chisholm. On several prior occasions LPD attempted to "buffalo" its way into my home, but this time they didn't even pretend to respect the law or my 4th amendment rights, and I do believe Sgt. Chisholm was the driving force behind this particular incident because this is the only time he, or any other LPD sergeant ever showed up at my home in response to a 911 call. I also think it's bizarre that the DA would try to charge me with "assaulting" the other two officers twice, and fail to even mention Chisholm's name in the criminal complaint against me - he was there, he was one of the cops who assaulted me, funny his name wasn't mentioned.

    The micro corporal finally grabbed the knob of my heavy duty screen door, only to find that it was locked. He then walked a few feet away from my porch and said something to Sgt. Chisholm - I couldn't hear what either of them said, but the corporal reached down and grabbed the handle of my large overhead garage door, and proceeded to open it. My friend, Kenny Wagner (who also rents a room here) was standing right next to me and says that as I ran across our dining room/ kitchen area, the corporal said "we'll pick the lock if we have to, but we don't need any warrant & we're coming in there to arrest you today whether you like it or not."

    At this point, I should explain that the homeless woman who'd been in front my home earlier that day is an acquaintance who'd been begging and pleading for me to let her stay in my home because she just had such a terrible life living in a tent in the Santa Ynez river bed. Although I am fairly desperate for female companionship & wanted to help this woman, she appears to have serious mental problems. I had let her stay the night on my living room floor on or about the 4th of September & warned her at that time about taking any of my personal property, but she took my old Apple iphone 4s that didn't even have service & was useful to me only as a remote control for my Roku. Just 15 or 20 minutes before the police unlawfully broke into my home on the 6th, she had shown up in my driveway with her 2 shopping karts. We shouted at each other for a few minutes about the missing cellphone, and then she took her karts and left after I told her not to come back without the iphone.

    I had known going in that involvement with a mentally ill person might get me in trouble, but never in my worst nightmare could I have imagined the police would use a loud outdoor argument with a "5150" as an excuse to enter my home. When the first officers arrived at my home, they were able to see & hear what was going on inside because the wooden inner door was already open when they stepped on the front porch and rang the bell. They never explained exactly what the neighbors had accused me of doing - they never said that they were claiming "exigent" circumstances, they just tried to con me into voluntarily allowing them to search my home without a warrant. The most recent SCOTUS decision on this matter says that people have a right to refuse entry to the police, if they answer the door. SCOTUS ruled on a case wherein police knocked, and then forced their way inside residence claiming a belief that the suspects were "destroying evidence" - my co-tenant & I were standing in full view of police with only a heavy duty screen door separating us - there is/was no reason to suspect we were engaged in any activity that would justify breaking through the screen, which is why the police came through the garage - if nothing illegal turned up, they could simply claim that I voluntarily "consented" to a search.

    Only a fool would allow the Lompoc Police department to walk into their home, so I ran over and started to close the door that entered the garage from the kitchen - it had been propped open with something, but I got it almost all the way closed before the police got there. Through the gap in the door, I saw the little corporal draw his Glock pistol and aim it squarely at the center of my chest - I was absolutely dumbfounded that the little bastard was prepared to shoot me for the "crime" of arguing with a "bag lady". If the cops are really so brainwashed they can't see anything wrong with shooting a man in his own home merely for trying to keep them out, God help us!

    While I had been focused on the corporal's gun, the cop who arrived with him (Miller) had drawn his taser, and the loud pop I heard next was him firing the first shot at me through a 4 inch gap in the door. He missed with the first shot, and when the second shot didn't have any effect on me, I laughed out loud and said "you guys probably deserve a refund for that piece of crap!" I was only able to hold the door closed for a couple more seconds, and then more cops than I could count barged in and had me face down on the ground in a tick. When they finally let me up, I thought, "okay, now I'll get to tell my side of the story - they'll realize that they NEVER had cause to enter my home."

    But that's not what happened - the police, being the petulant little grudge-holders that they are, first made an effort to humiliate me by standing me up, but refusing to allow me to pull up my shorts, which had dropped around my ankles at some point during the struggle to keep them out of my house. At some other point, an attractive female officer had arrived, so maybe there was also feeble cop humor in forcing me to expose myself. Also surprised LPD didn't try to charge me with indecent exposure, the poor babies.

    As I was being led out of my home with my hands cuffed behind my back, my shorts again started to drop - I don't wear a belt and hadn't contemplated such a situation as I now faced, and did a kind of a double step or a jig, to try to hitch my britches up, and of course, corporal pansy accused me of trying to "kick" him. I know life is really scary when most other people seem like giants, but even corporal Tiny couldn't make a real issue out of the "attempted kicking" incident, so a big bald cop who arrived after I'd already been taken down, threatened to "snap (my) leg off at the knee if you ever try to kick me like that."

    As was being driven away from my home, I shouted "you do not have my consent to search my home, there was never any woman in there today, and there was no reason for anyone to suspect one might be in the premises when you bastards showed up!" I was driven to the Lompoc jail where I was searched, photos were taken of two massive purple bruises on my upper arms, and my clothes were exchanged for the usual jail inmate uniform.

    I spent the next 2 days waiting for my arraignment, where I again expected a chance to present my "case" - i.e., that yelling at someone in front of my residence , is NOT a crime. Section 69 of the California Penal code says it's a crime to resist or obstruct police & other officials" during the LAWFUL performance of their duties, falsely claiming and emergency is not lawful activity. When I was brought into court Friday (8th of September) afternoon, I was never advised of my rights as a defendant. The public defender never spoke to me, and I didn't even know he was supposed to be my lawyer when he asked for a continuation, I assumed he was the prosecutor. I was presented with documents that were supposedly serving notice that a "criminal protective order" had been filed, and was now in effect against me. But there are a number of problems with that assertion, the most obvious being my total lack of a criminal record prior to this arrest, my very first. The second biggest problem with the criminal protective order is the lack of due process - first of all, the alleged "victim" has to fill out the form requesting the CPO, not the DA or the "judge". And since criminal protective orders eliminate the restrained party's second amendment rights, the allegations are open to rebuttal at a hearing - I was never served with any prior notice of a hearing, and there was NEVER any hearing for the CPO. In fact, so far as i know, there has NEVER even been a hearing on the criminal complaint against me. The CPO says there was a hearing at 8:30 AM on 9/8/17, and I DO admit to being wheeled into the courtroom at about that time, on that particular day, but when my case wasn't called within a few minutes, I was returned to the holding cell

    During that first court appearance the "judge", Commissioner Rogelio Flores, actually told my mother to "save your $10 thousand, your son might be released on his own recognizanse", when he already knew I'd been arrested on false charges, held on false charges, given either a false Criminal Protective Order, or a real CPO based on false information, and he had no intention of releasing me on MOR because I had refused "anger management" training. NOBODY charged with assault is released on their "OR", if they refuse an anger management course - even someone like me who's never been arrested and has absolutely NO CRIMINAL RECORD, has to agree to anger management if they want to get out of jail without posting a cash bond - anger management enrollment also permanently ends second amendment rights in California, so no way would I ever agree to that.

    When I returned to court on Monday, the judge told me he was "struggling" to find some way to release me, he also asked me what he should do. I think I showed a tremendous amount of restraint when I replied that I didn't know because I wasn't a lawyer, but that if it were up to me, i would drop the charges - it was the second time I'd been to court, there was no victim, no accuser, and therefor, there is NO crime. The judge then announced that my arraignment was being continued until October 8th so that a psychiatrist could perform a psychiatric evaluation on me. Why do you suppose he wants a psych eval before giving me the opportunity to confront my accuser and tell my side of the story?

    Now I don't know what to expect. I know I have a "right" to a speedy trial. I know that I never waived any of my rights, but I think I have to be very careful with this judge because he completely ignored my right to due process as well as the basic facts when he signed the criminal protective order against me - there was NEVER any ''hearing''. The alleged victim in this case NEVER appeared in court, NEVER accused me of assault, and certainly NEVER requested this draconian protective order. I know this with absolute certainty because I NEVER assaulted her, and also because she wanted to live with me in my house. She hadn't moved in yet, and we've never been sexually intimate, but that was the direction we were headed toward before the police & legal system became involved - now, I think I'd be a fool to let any woman set foot on my property without first obtaining a valid restraining order against the Lompoc Police Department, the DA, and the Lompoc municipal court.

    I believe the "criminal protective order" I was served with is fraudulent, but it wouldn't surprise me at all if the Lompoc police department SWAT team showed up in the middle of night just to make a big show of ''disarming a dangerous criminal'' and "inadvertently" killed me in the process. I just can't see any legitimate reason for doing this - I'm a 54 year old man with no criminal record whatsoever, and the entire Lompoc ''justice'' system has suddenly devoted itself to disarming me. My total lack of a criminal record, and the lack of a victim who either accused me of assault or requested the criminal protective order, shows that this wasn't about "protecting"anyone. It also proves beyond any doubt that "legal professionals" have zero regard for the "law" and blithely ignored any steps in the process that might have protected my rights.

    I intend to write a letter to the presiding judge of the Santa Barbara county Superior court requesting that he intervene because the handling of my "case" is such a travesty, it's pretty much impossible for me to discuss any aspect of it without sounding disrespectful. I also intend to file a motion for summary judgement, because as far I'm concerned, there is no evidence that I committed any crime. In fact, there is so little evidence of wrongdoing on my part, it makes the extensive evidence of willful misconduct by police and officers of the court all the more glaring - I just don't understand why they would commit multiple felonies, just to disarm someone like me - I've never hurt anyone in my life, even threatened to hurt anyone. I'm not looking for legal advice, but am open to suggestions and welcome any help.

    Name Withheld (I need culpable deniability for the time being, so sharkbitbob is me nom de plume.)
     
    Last edited: Sep 22, 2017

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