Vote For Charel Winston
Charel Winston For El Dorado Hills City Council
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Charel Winston For City Council






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December 7, 2004 - Arson

 

 

 

 

 

 

 

 

"Private First Class Brass"


As a puppy

 

 

 

 

 

 

 

Stand Up For The Truth
 


AT WHAT POINT DO YOU TAKE A STAND FOR JUSTICE, PEACE, OR FREEDOM?

AT WHAT COST WOULD YOU LET IT GO?

Over a period of 8 years, the El Dorado County Sheriff's Department (EDCSD), acting through various officers and employees, systematically failed to act on criminal complaints filed by us for numerous acts of theft, assault, vandalism and threats of harm. During this period of time, despite our repeated requests to the officers involved to investigate and prosecute these matters, no action was taken on any of these complaints to prosecute the offenders. In addition, the 911 officers who took these complaints and wrote the reports demonstrated systematic discrimination and bias against us on the basis of our gender and sexual orientation. El Dorado County Sheriff Jeff Neves and his predecessor, former Sheriff Hal Barker, had given their assurances on numerous occasions that these incidents would be properly investigated and that discrimination would not be tolerated. It turns out that their assurances were written in water.

DISCRIMINATION BY THE COUNTY

In 1997 after numerous hate crimes had been targeted against us, El Dorado County Sheriff Hal Barker, gave us his personal assurance that he would take care of us and assigned Under-Sheriff Jeff Neves to directly handle all of our concerns in an effort to ensure that any hate crimes against us were dealt with immediately. Both Sheriff Barker and Sheriff Neves gave us their assurances on countless occasions that these incidents would be investigated without bias and that any discrimination or harassment by EDCSD deputies would not be tolerated. The discrimination, however, continued unabated. Under-Sheriff Neves did nothing to assist us in preventing further acts of hate from being perpetrated against our family and property. In fact, the discrimination by the EDCSD markedly increased when Jeff Neves was elected Sheriff of El Dorado County in 2002.

This course of conduct on the part of the EDCSD is continuous and systematic, and is characterized by a complete lack of concern for our rights and safety under "the color of the law." We have been consistently treated as if we were the perpetrators rather than the victims. It was obvious by their rude and callous demeanor, not to mention their often aggressive and hostile actions towards us that the deputies, their sergeants, and other employees of the EDCSD discriminated against us because of our gender and sexual orientation.

In their non-response to our CRIES FOR HELP, and in full complicity with the El Dorado County's District Attorney Gary Lacy, Sheriff Jeff Neves of the El Dorado County Sheriff Department have:

  • Never investigated who vandalized our cars;

  • Not arrested, on two separate occasions, individuals who have attempted to run over one of us with a motor vehicle while on our property;

  • Not arrested a known drug trafficker and convicted felon, who stole one of our vehicles; after putting 800 miles on it the previous evening without explanation or reason;

  • Allowed individuals in our gated property to retrieve items of our own personal property that were not theirs under the guise of a civil standby; without notice, invitation, court order, or proof of ownership;

  • On numerous occasions allowed, in the presence of EDCSD deputies and on our own property, threatening individuals to make defamatory and lewd remarks without interfering on our behalf;

  • Consistently treated us in a condescending, rude, and discriminatory manner when responding to our 911 calls for help; on several occasions the 911 operator refused to take our call or would hang up without reason or explanation;

  • Allowed convicted felons to threaten our lives without investigating or arresting them, despite outstanding warrants for their arrests;

  • Demonstrated repeatedly a lack of concern for our welfare and safety;

  • Taken away our concealed weapons permit without reasonable cause, hearing, or appeal;

  • Allowed our bigoted, obsessive neighbors to commit hate-related crimes against us without fear of recrimination or consequence;

  • Allowed our neighbor's foster juvenile to make death-threats against us without fear of arrest, or admonition;

  • Advised the neighbors to get a restraining order against us after their dog brutally and severely attacked one of us;

  • Filed illusory and biased reports intended to portray us as the perpetrators rather than the victims of an assault or other criminal misconduct;

  • Filed reports which are consistently inaccurate, biased, slanted to protect the EDCSD from liability and not geared to accuracy and impartiality;

Such conduct on the part of the EDCSD completely belies its mission statement: "As members of the El Dorado County Sheriff's Office, we are personally dedicated to public service. In partnership with the community, we will continue our pursuit of excellence to enhance the quality of life, security, and fairness to all" provided that we like you; provided that you do not make us work too hard; provided that you do not critique our obvious misconduct; depending on how we feel that day; depending on how much money you gave to Sheriff Neves' election campaign, provided you do not say to us, "We will hold you accountable" and surely, provided you "KNOW YOUR PLACE!"


Given the real history of the EDCDA Gary Lacy, the EDCDA's mission statement is even more laughable: "We dedicate ourselves, while recognizing the dignity of all individuals, to objectively and effectively investigate and prosecute matters under the Law to achieve justice and to minimize trauma to victims."

In light of the El Dorado County Civil Grand Jury's report in 2002 and our experience, the EDCDA's Mission Statement should actually read, "However, we will not prosecute you if you are a friend or family of DA Lacy; our objectivity depends on what is politically advantageous for DA Lacy; and we promise to waste county funds in pursuing merit-less and politically-motivated actions while not prosecuting criminals who threaten the good citizens of El Dorado County." The EDCDA under Gary Lacy in fact promises nothing, and always keeps his promises.

HATE CRIMES BY NEIGHBORS

Ever since our purchase of our ranch in 2000, some of our bigoted neighbors have harassed, verbally assaulted and threatened our family, guests to our home, ranch personnel and construction workers and contractors along the fence line. Their hatred became an obsession. They stalked us for five years, fabricated lies about us throughout the community, used their influence to consort with county officials against us and virtually made our lives a living nightmare. The El Dorado County Sheriff Jeff Neves refused to do anything to prevent their relentless hatred-driven attacks against my family and home. We have written over two dozen letters to Sheriff Jeff Neves since 2002. He responded only half a dozen times to say nothing of his refusal to address the issue much less to resolve it. Indeed, his inactivity and lack of leadership enflamed a mounting disaster that culminated into arson and other acts of violence.

The issue came to a fore on March 5, 2004; one of our neighbors' dogs viciously attacked and mauled Charel Winston. The neighbors did nothing to contain or prevent the dog from continuing to attack. The couple stood motionless, as they watched the violent attack by their ninety-pound dog persist at the fence line as Charel screamed in terror and cried for help. The neighbor, like her husband, did nothing to stop the dog or offer assistance; she merely watched on, her hands on her hips, as she smiled and said, "Maybe now you'll pack your bags and get out of town." Charel fell to the ground, her leg badly mauled from the attack, continued to scream, calling out for 911. A lieutenant from the Folsom Police Department, Lt. Mike Laughlin, who was off-duty at the time while visiting next door, just stood there, offering no assistance. His arms crossed over his chest, he looked on with a fixed amused expression, saying nothing, not even in response to Charel's shrill cries for help.

After the dog attack, we were contacted by the ASPCA, who urged us to press charges against the dog, which had a prior history of aggression and attacking the neighbors' own foster child. Initially, we refused to press charges, because we were concerned that the dog would be destroyed if declared "dangerous." Subsequently, however, the neighbors continued to encourage their dogs' aggressive behavior. Specifically, on March 25, 2004, just 20 days after the incident, the same dog tried to again attack Charel at the fence line. Likewise, the neighbors made no attempt to contain the dog. This time we contacted Animal Control. Subsequently, after two formal hearings, the dog was found to be dangerous; although we asked the courts for leniency in preserving his life, the neighbors were more concerned about forfeiting their license for their foster-care "business" that they ordered the dog to be destroyed.

The ongoing misconduct by the neighbor's foster children has also been a source of great concern to us over the last several years. Between 2001 and 2004, two of the foster teenagers repeatedly damaged and vandalized our property with their off-road "dune-buggies" which they drove at high speeds on busy streets without helmets. We had reported this to the El Dorado County Sheriff Department and Child Protective Services, including the California Department of Health and Human Services, to no avail; we were concerned for the lives and safety of these children, as well as the safety and wellbeing of our own family. Nothing was done to improve or change the situation, until finally on April 12, 2004, two of the foster children were racing up and down the road in front of our property, as usual without safety gear or adult supervision. Charel approached the boys and asked them to stop damaging people's property, to which they laughed. The older, more hostile teenager then turned to Charel and yelled, "I'll kill you, bitch!" Shortly thereafter, our barn was destroyed by a devastating, explosive fire of very suspicious origin. Although an investigation is ongoing the overwhelming evidence indicates foul play and malicious intent.

FALSE INDICTMENT - POLITICALLY MOTIVATED

In retaliation for having filed our first Citizen's Complaint in July 2002 against the El Dorado County Sheriff Department and the El Dorado County District Attorney for their systematic discrimination and failure to perform their ministerial duties, these intractable county agencies plotted with our neighbors to charge us with fabricated crimes. On or around May of 2004, after the county deemed the neighbors' dog as "dangerous," in retaliation the neighbors met with District Attorney Gary Lacy and Assistant District Attorney Sean O'Brian, with the intent of causing harm to my family by fabricating outrageous allegations which led to false criminal charges against us. The EDCDA in collusion with the EDCSD aided and abetted by our illustrious bigoted neighbors and a few former disgruntled workers created a grand scheme to frame us. No investigation of the facts was ever initiated. The overwhelming evidence clearly disproving the malicious allegations by these modern-day Oprichniki was a politically-motivated, highly-publicized crusade to vilify our character and defame us in the eyes of our community.

DECEMBER 7, 2004 FIRE

On December 7, 2004, one week after we filed our third Citizen's Complaint on November 29, 2004 against the El Dorado County Sheriff's Department and District Attorney's Office for discrimination and failure to perform their ministerial duties, my family and I were nearly killed by a devastating and explosive fire that quickly swept through our property. At approximately 6:45 A.M., Charel and I heard a loud exploding sound. I looked out of our window and saw a blazing fire in our main barn 20 feet away. We were right there in a moment, but had we not been awake, we would have perished along with the rest of our family and our precious animals.

Despite this horrible loss, our greatest pain and personal tragedy was that of our most precious and beloved dog, Brass, whom we believed was trapped inside the barn and was killed. Brass was more than our beloved companion; he was our trained in-service dog and loyal protector. Brass was irreplaceable, an invaluable member of our family, as both my spouse and I are disabled under the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). His loss was devastating.

Recently, startling new evidence has come to light in this case. Despite our repeated efforts to contact the state and local authorities throughout an extensive private investigation of the fire, their response has remained the same, "Case closed." Although the cause of origin of the fire was designated "Undetermined" there has been conclusive evidence to determine that the cause of origin was arson. The state and local agencies, including the El Dorado Hills Fire Department, the EDCSD, and the California State Fire Marshall ignored the preliminary findings of potential arson or hate-crime. Further, the case still remains "closed" despite crucial new evidence that would establish the truth about the fire and expose the real perpetrators of this heinous hate crime?

The evidence of a suspect's keys and other substantial arson evidence were consistently disregarded and never investigated by any official agency. In fact, after the local fire department received a call from Attorney General Bill Lockyer's office on or around December 7, 2004, it appeared that the matter of the fire as it would relate to a "hate crime" was quickly repudiated by all state and local authorities. To date, no local, state or federal agencies have interceded on our behalf or on behalf of Brass, who was taken from us. We believe this inaction on the part of these agencies is due to the obstruction and cover-up on the part of the EDCDA and the EDCSD who are trying to deflect such investigations away from themselves at our expense.

AUGUST 19, 2005 "KANGAROO COURT" INDICTMENT


Given that the DA's May 18, 2004 preliminary case against us was falling apart at the seams (its obvious lack of merit transparent to the court as well as the local newspapers that continued to print incriminating stories about us), one month after Charel Winston announced her candidacy for City Council of El Dorado Hills, the DA summoned a furtive "kangaroo court" - without the least exculpatory evidence - and proceeded to "bash" us for the purpose of increasing the severity of the original "trumped up" charges brought against us. Subsequently, since the grand jury had no opportunity to review the real facts, even the most negligible of exculpatory evidence - the abundance of which is overwhelming - an indictment was issued under false pretenses by the EDCDA.

On August 19, 2005, we appeared in court in propia persona (representing ourselves) to continue the preliminary hearing for a judicial motion to dismiss the case. As we entered the courthouse, Charel Winston with her service dog, Austin, and I with my walking cane in hand, were approached and arrested by a dozen EDCSD deputies without any explanation or reading of our Miranda Rights. Austin was abruptly taken from Charel's arms, his little body trembling with fright, while a deputy took me aside and removed my cane from my hand and attempted to hand cuff me. As I winced with pain, I told him I was unable to put my arms behind my back. Fortunately, the officer was mindful of my disability and walked me to the sheriff's vehicle where I was taken from the courthouse to the El Dorado County Jail. Charel and I were transported in separate vehicles. Shortly after we arrived they put us together in a small, empty cell that was dank and dirty until we were released on bail two hours later.

Assistant District Attorney Sean O'Brien urged the court to set bail for $1,000,000, (an amount so outlandish that it defied any justifiable explanation) to which Judge Daniel B. Proud denied and set for a lesser, however inappropriate and excessive, $300,000. At our initial arraignment of the previous related charges, we were not required to post bail. However, although nothing had changed since then, except for Charel's mounting popularity as a leading candidate for the City Council of EDH, the DA would conjure up a "kangaroo court" par excellence to bring similar, though more dramatic, false indictment charges against us. Obviously, District Attorney Gary Lacy was intent on creating a four-ring circus with himself as the ringmaster and his devotee and accomplice, the incomparable Sean O'Brien, the circus buffoon, who earlier gave his tawdry assurance to our dearly embittered neighbor, "I'm going to rein them in!" Was he thinking horses? Well, it was a colorful moment.

Much to their chagrin and consternation, we posted bail within the hour and returned to the courthouse more confident than ever that the show must go on. The EDCDA's ill-disguised attempt at intimidation was about to back fire. The public would know the truth, or in the resounding words of Martin Luther King, "THE TRUTH WILL SET YOU FREE!" We are not afraid of these charlatans of doom (these nattering nabobs of negativism) who operate under the color of the law.

On August 19, 2005, an indictment was rendered by a "kangaroo" proceeding worthy of Bloody Judge Jeffries' Hang 'em Up High Court. The State "waited" 5 years to conjure these farcical and moldy charges based on stale and time-barred evidence before a one-sided, hand-picked collective. The grand jury did not see, hear nor have the benefit of any exculpatory evidence. The only "reliable witnesses" were the outstanding examples of citizens convicted of welfare fraud, robbery, grand theft, and assault. So much for our due process rights.

This was the most egregious and outrageous act of discrimination and gross misuse of authority under "the color of the law" by a governmental agency for the intent of violating our civil rights that we have experienced to date. In sum, they relied on the testimony of convicted felons, welfare cheats, outright liars who lie from one report to the next, who are even asked why they lied previously, drug addicts and drug runners, thieves and con men for the purpose of conspiring to conduct a hate campaign against two innocent people who are committed to following their dream.


My friends, we must STOP this farce and stand as one for what is true. Our future depends on it.

Tell Gary and his consorts, "ENOUGH IS ENOUGH!"

Vote for the candidate who is NOT afraid to do what is right, someone who cares enough TO SPEAK THE TRUTH AND LIVE THE PROMISE.

TOGETHER WE CAN DO IT.

THE FUTURE IS IN OUR HANDS.

 

For more information please email cwinston@cwforcitycouncil.org
Austin Says, “Together We Can Do It”