HomeMy WebLinkAbout20122527.tiff CORRESPONDENCE RESPONSE
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RECOMMENDED ACTION:
Narrative:
BOARD ACTION: (INITIAL BY SC WG BK DL DR
APPROVAL)
AGREE WITH RECOMMENDATION - r. c4-6
WORK SESSION-
METHOD OF RESPONSE:
Board Action
Work Session
Letter(Attached)
Telephone Call
No Response (explain) / '
a ent Head Signature
M:\CTB\OPMAN\COM PLAI NTS_2.DOC
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2012-2527
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CORRESPONDENCE RESPONSE - Elected Officials
OFFICE OF SAO/1- ( " -/5
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METHOD OF RESPONSE:
Letter (Attached)
Telephone Call (summarize below)
No Response (explain below)
ACTION TAKEN:
Narrative:
BOARD ACTION: (INITIAL BY SC WO BK DL DR
, APPROVAL)
AGREE WITH RECOMMENDATION -
WORK SESSION -
Elected Official Signature
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M:\CTB\OPMAN\COMPLAINT_3.DOCdoc
Tonya Disney
From: Esther Gesick
Sent: Monday, June 18, 2012 8:24 AM
To: Tonya Disney
Subject: FW: Continued harassment by your county sheriff dept.
Importance: High PA- CTB i��L
REFERRED TO )i/'u*V S ..Q FOR RECOMMENDAY'ION
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Esther E. Gesick CONWAY
Deputy Clerk to the Board/Office M
1150 0 Street'P.O. Box 758'Greek.) GARCIA
tel: (970)336-7215 X4226
KIRKMEYER
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From: Xpert Services [mailto:yourservicesource@gmail.com]
Sent: Sunday, June 17, 2012 11:10 PM
To: Diane Beckman
Subject: Continued harassment by your county sheriff dept.
Importance: High
Yet Farther harassment and unlawful actions by your county paid staff-
Today—While driving from one farm to another- tending irrigation water. We (my wife, my 6yr old daughter,
and me) were harassed yet some more by your out of control county employees. We were followed for
several miles by a weld county sheriff deputy, Holman. He finely pulled me over for an alleged "no brake
light". After an extended period of waiting he proceeded to come back to the car and threw the ticket with a
$22 fine and a mandatory court date for this alleged offense. I and my wife both got out and took photos of
the lights with our phone cameras, as well as a photo of the officer sitting in his car and continuing to harass
and intimidate lawful citizens without cause. Yet again your sheriff dept. is abusing common citizens and
retaliating against those who stand up for their rights. Your county is expending an extreme amount of
resources to retaliate against us. Since both of the rear lights worked, and the only one that was flashing was
the turn signal, due to approaching a left hand turn, what other reason to stop us did your deputy have? None
what so ever. Your department obviously has a serious alternative motive. Unreasonable detainment- yet
another direct violation of our civil rights.
Everyone I've told about the mandatory court date for a $22 no point ticket—states that is obsurred. It is yet
more proof that your out of control sheriff- who is to busy to deal with the actions of his deputies, and is too
busy to call concerned citizens back when his staff promises to, has absolutely zero respect for the rights of
citizens within this county. The same citizens who vote - and will make sure your sheriff depts. actions are
brought to light during the next election.
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Your county staff have not responded to yet even one of these emails, and I suppose that you will not respond
to this one...
If that is what you choose to do we will move forward with our campaign to begin a recall of the elected
officials of Weld County for their willfully disregard for the citizens Civil Rights, and a Formal Notice of claim
will be filed, along with the corresponding Civil actions in the appropriate courts.
My wife has an appointment to see a therapist due to the anxiety your unlawful actions caused her—the
continued terrorizing our family for simply asking your county to abide by the constitution. Your counties
continued actions only serve to farther traumatize her and our family. Completely unacceptable by anyone
standards in this society. Not one person can sit there and tell me that if a stranger walked into their home -
beat on the interior door— began interrogating and lying straight to your face—demanding that you were
lying—and threatening to arrest you if you don't tell them what they want to know (never mind the fact that
the person that the deputy was looking for has long since moved on prior to our occupying the property - or
the fact that the deputy had all of his facts wrong- including the statements he made about the utilities being
in the person he was looking for name) - - Would not tolerate that type of behavior in their home?
Governmental Immunity does not cover "willfully violations of a citizens civil rights." Your county employees
have clearly compromised our civil rights, and caused us damages. While yes the sheriff is an elected official,
the county commissioners are liable for the actions of their county employee —the county attorney actions
which directly violated the civil rights of private citizens. For those deliberate actions of the county attorney
to deprive us of our rights, the elected county commissioners are ultimately liable. The stance that it is not
the county commissioners problem to address and resolve was fine until the county attorney decided to join
in willfully depriving us of our civil rights. And then attempting to intimidate us into just ignoring the whole
situation. Not acceptable—any where in this country. Obviously the reason the sheriff and his deputies are so
callous and show complete disregard for the civil rights of private citizens is that the person charged with
representing them in legal matters has no respect for the same laws either. Ultimately Weld County is who
ends up paying for the willful disregard for the civil rights of its citizens. Whether the sheriff deputies and /or
the county attorney who are found guilty of violating our civil rights in a court of law - Weld county will be
who has to pay the damages. I'm sure that the citizens of weld county are going to appreciate the misuse of
the supposed limited resources of the sheriff's department, that results in an additional drain on the county
budget in the form of a costly and lengthy legal battle - and still have to pay for the damages caused to the
innocent citizen, in the form of a civil judgment—to us.
To date the notice of claim includes the following damages and unlawful actions by your county employed
persons:
#1 Unlawful entry into our home - by a sheriff deputy. -Violating our right to be free from unlawful search
and seizure.
#2 The above mentioned officer willful dishonesty and threats - terrorizing our family. Refusal to leave—
Refusal to provide his name— Blatant lies—only demanding we comply- when we were not even the persons
he was looking for in the first place.
#3 Traumatizing my wife to the point where she ended up in the emergency room and was suggested that she
receive counseling due to the trauma your county employees actions created.
#4 The deputy's supervisor interrogating and harassing my wife's mentally ill father. Interrogating her to the
point where she was in tears for 2 hrs.
#5 Unlawfully accessing the property—via destruction of our cable gate on our driveway. Cutting a locked
gate is blatantly unlawful and wrong.
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#6 Stalking us by repeatedly parking adjacent to our location and survailing our premises - in an attempt to
intimidate us and harass us.
#7 The loss of work time I have had to deal with so I could deal with my wife and your out of control county.
#8 Your County Attorney trying to intimidate us into not pursuing this situation. Making statements denying
us the right to pro see representation. Willfully attempting to deprive us of our civil liberties.
#9 Following us for untold miles and pulling us for ficticous reasons. Setting a mandatory court date for a $22
no point ticket. Throwing the ticket at me -
#10 Refusing to produce a case number regarding your deputies criminal trespass—to enable my wife to file a
victims compensation claim for the therapy, as recommended by the er doctors.
All of the above issues have been raised with your county—to which your county has refused to respond other
than to attempt to intimidate us into looking the other way... This blatant harassment and singling out of our
family for persecution by your out of control county needs to stop. We have filed a formal complaint with the
FBI, the united states justice dept., the ACLU,and the Colorado Supreme court office of attorney regulation.
Should you continue this unlawful conduct we will file a formal notice of claim and seek damages to the fullest
extent of the law. We will also take a very active roll in the up and coming elections, making sure that all of
the citizens know just exactly how far their elected persons will go to deprive the common citizen of their
constitutional and civil rights.
Again we would love to resolve this situation and move on - but we will not allow an out of control rouge
county to tread on us... Pay the damages we have incurred - stop harassing us - and send your staff to a civil
rights training- make civil rights an ingrained part of how they conduct themselves.
Additional Note:
This paragraph was taken directly from the sheriff's web page:
"The sheriffs office law enforcement mission is to investigate and prevent criminal activity, restore stolen
property to the owner, apprehend offenders, and present criminal cases for prosecution by the Weld District
Attorney from unincorporated areas of Weld County. Municipal police and town marshals provide law and
traffic enforcement within cities and incorporated towns while the Colorado State Patrol generally provides
traffic enforcement on state highways and Weld County roads. Traffic enforcement is provided by the sheriff
pursuant to contract within municipalities or on a limited basis in unincorporated areas because of restricted
resources."
- Please note the last sentence... It would appear that their resources are not that limited as they have followed
us repeatedly when we are between farms and driving around our farm. Staking us out. Today the deputy got
behind us at cr 13 and followed us all the way to cr 19. All for a supposed lack of a break light - at a time of
day when the sun was coming from the west and shinning directly on the rear of our vehicle as we were headed
east. Where he pulled us over was after I had turned the blinker on to turn north on CR 19. Then to require a
court appearance over a $22 ticket with no possible points—is yet another waste of county resources - that are
supposedly limited. What a point blank case of willful harassment and intimidation.
As for the sheriff office motto:
"Doing the Right Thing
At the Right Time
The Right Way
For the Right Reasons"
3
What a joke ! How does violating a citizens rights, terrorizing them, harassing them, intimidating them, and
ignoring their concerns any where close to this supposed motto? It is not - and is farther proof of the above the
law — arrogant — corrupt sheriffs office of weld county.
4
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