Formal Complaint Description against Santee Sheriff Deputy Wilson
Wednesday, February 13, 2008
C.C. Erik Bauer Attorney at Law
Statement of Glenn Hefley:
At or about 3:00pm on February 12, 2008, deputies Wilson and Levowitch<sp?> arrived at the softball park on Cuyamaca Blvd, across the street from Food4Less. I had been there since close to 9:00am working on articles and answering emails. I have been doing this (going to the park and working in the morning until about 2:00pm) almost everyday since January when I returned to Santee from a trip.
My service animal, a cat named Eddie, was off his leash, and I had the gap in the dugout doorway blocked with my cot so he could not wander out. I was in the process of trying to locate his other collar (as the one he was wearing had broke), when the deputies arrived.
When the deputies made it known that they wanted to come in, I announced that I needed to put the leash on Eddie, showing both of them my empty hands, before proceeding to place the leash on Eddie's collar. I attempted to do this minor task as quickly as I could.
Deputy Wilson forced open the dugout door, breaking the single bungee cord I had holding the cot loosely to the chain-link. This action was violent and unexpected. No command or request was given to me to halt my actions prior to this assault on my personal property or violent entry which resulted in the cot hitting me from behind. I decided that if this assault was going to continue, as I have witnesses in the past from other deputies raiding local homeless camps, that I was going to at least attempt to get it on digital camera, as I have a great deal of digital and computer equipment in my inventory which sustains my living. So, after securing Eddie to his leash, I said, "I'm going to take pictures of this." very clearly, letting both Deputy Wilson, and Deputy Levowitch<sp?> (at that moment I ascertained that she was out of line-of-sight, unable to see me through Deputy Wilson's body), know my intention, and then I reached for my Samsung digital camera. Deputy Wilson, seeing what I was going for, ordered me to "Drop the camera!" grabbing my wrist and attempted to twist my arm. The attempt was unsuccessful but I dropped the camera as gently as I could anyway, since Deputy Wilson's focus of assault had shifted from my personal property to my person, and prepared to meet his next assault.
His actions put me in a life threatening position, placing me under physical and heightened mental stress. I was very aware that he was not listening, observing, or using any type of professional judgment in his actions. Thus any attempt to defend myself, my service animal, or my belongings could, and I believed would, result in an escalation of violence from the other deputy, or Wilson himself.
There was no reason for the assault on my personal belongings, or the assault on my person. By his verbal order, "Drop the camera!", he clearly understood my intention and the nature of the object. He knew that it was not a weapon, or anything that could be a physical threat to him, or the scene. His command of "Drop the camera!" clearly states that the only threat he was attempting to avoid was documentation of his unprofessional behavior.
Even after it was clear to both deputies and the other witness, that I was not a threat, that my being at the public park was within my rights, that I was clearly working, that I didn't have drugs, alcohol or anything other than a laptop, digital equipment, some clothing and a cat, that I had no warrants for my arrest, or any other evidence that would could be construed as threatening by a rational mind, Deputy Wilson continued to physically provoke and verbally antagonize me , threatening physical assault verbally and physically.
I don't know what the complaint was which brought the deputies out to the public park, but I do know that the worst of the scenarios were at best misdemeanors and non-violent ones at that. The deputies cited "lodging". Which as I understand the law 10.20.150 STCM, would at the very least require the park to be closed, since while the park was open I could have had a barbeque going and four ice chests with me (as I have witness at this park during games many times).
None of the scenarios even hints at the need to assault me or my belongings prior to even assessing the scene, which both deputies had ample visual and temporal opportunity to do. Nor do any of the possible "complaints" which brought them out to the park to interrogate me, warrant the continued threat of physical violence and antagonistic behavior I had to endure during the rest of the interrogation. No action performed by me prior to the first assault (trying to put a leash on a service animal) be considered "threatening" to the deputies or to the scene… i.e. I was clearly visible through the chain-link between me and them, with ample visual field to see exactly what I was doing with my hands, and that I wasn't reaching for a gun or trying to shove dope down the cat's throat.
After the deputies left I got Eddie and set to settle him down. At this time I noticed that he had ripped off one of his claws (forward left paw inside claw). Since this injury was fresh and not present before Deputy Wilson's violent entry and assault, Eddie injured himself attempting to flee from the violent actions in front of him. I will be taking him to the vet today and expect full reimbursement for this injury to my service animal promptly.
I hereby request immediate compensation for Eddie's vet visit and any follow up care required for his full recovery, and to file this complaint with the Santee Sheriff's department against Deputy Wilson for unprofessional and highly illegal interrogation tactics, assault, the injury to Eddie as a direct result of Deputy Wilson's actions, and the willful destruction of personal property.
I reserve the right to press criminal and/or civil charges at a later date against Deputy Wilson and/or the Santee Sheriff's Department after consulting with my attorney, Erik Bauer , who may be calling (or arranging other means) to assess the progress and actions taken by the Santee Sheriff's Department as a result of this complaint.
Glenn Hefley
ghefley@gmail.com
619.631.4421
www.glennhefley.com
No comments:
Post a Comment