This missive is directed to the following: the city prosecutor, everyone in the juvenile division that I've seen operate (except for one very nice secretary), the district attorney, the chief of police, a deputy or two (for the most part they've actually been pretty good to deal with) the city manager, the city attorney, and the mayor (I've never actually had any direct interaction with the mayor, but she was supposed to be informed of the issues, and she never got in contact with me to seek a resolution).
Some of the major points and background of the situation were addressed in the previous two blog posts so I won't rehash them here, but there has been a recent development that has completely shattered any remaining faith I had in the system, which I'll discuss in detail below. The previous post primarily addresses the failures of the civil court system, whereas this will address the ineffectiveness of our law enforcement, much of which is derived from extreme political correctness, flawed legal theory, policy that is primarily aimed at revenue generation, and most likely a city prosecutor that isn't disclosing a connection to my criminal neighbors.
In the previous post I stated that "most of the officers and police department staff in our small town understand the situation and sympathize with our plight." I still believe this to be true, however, over the course of the last year during which I've had to voice my dissatisfaction with how the legal system has failed to enforce the orders put in place against the neighbors, I've felt a palpable change in how some of the deputies address me; still courteous in most cases, but far less engaging.
During the first couple of months of this ordeal I actually had a very cordial rapport with a majority of the deputies that serve the town, despite (or perhaps because of) my criminal neighbor's countless false claims against me. There was one specific incident after which I felt the previous cordiality quickly switch over to a much more impersonal tone. One morning I was coming home and by chance one of the local deputies was talking with an acquaintance of mine in front of the house. After inquiring what was going on and learning that it was a complete random encounter with nothing to do with the neighbor we exchanged a few laughs and parted with warm handshakes. Apparently the neighbor was watching this from her room that looks down onto the street and was infuriated.
I don't recall how I found out, but I later heard that she called the chief of police after this incident and demanded that they find out and disclose exactly what we were talking about. I have no idea what went on behind the scenes in the days following that incident, but I definitely sensed that the cordial relationships that I'd developed with many of the deputies and the staff at the police station had a different feel. There's little doubt in my mind that the change I sensed was due to influence from above.
And although still friendly, there was another event after which I felt another deterioration of our once cordial rapport. After a few months of observing the previously stated ineptitude and arrogance of the city prosecutor I took my concerns up the ladder of city government, but to no avail. That's where the nepotism and complete lack of integrity comes into play. As with my dealings over the last year with the civil court system, a small book could be written on my attempts to resolve this matter in a reasonable and respectful manner through the channels of city government, but instead I was ironically greeted with the only example of efficiency that I've ever seen in dealing with anyone above the street level: the rapid erection of their impenetrable (to this point) wall of nepotism and corruption. More on that in future posts.
The hackneyed narrative coming from the prosecutor's office is to use "your remedy of the civil court system," which, as I stated in my previous post, at least vis a vis the three civil court cases that I won against the defendant, only proved to be a huge waste of my time. The few thousand dollars I've received in damages from the defendant far from compensates me for her crimes against me, and when calculated in relation to the time dedicated to obtain the judgments becomes much more of a ruse.The legal system is in place for the most part to justify (no pun intended) its own existence. Delivering justice is at best a minor, rare, and coincidental byproduct.
That's my conclusion after a full year of seeking justice through the "proper" channels.
On the other hand, although, the restraining orders that were granted to me against the criminal mother and son neighbors (as seen in the video from the previous entry) are supposed to be enforced by the district attorney or city prosecutor.
And that leads us to the current situation. After having restraining orders in place against both neighbors for the better part of the last year, and having filed several complaints with law enforcement for violations, absolutely nothing has been enforced.
Here are some of the violations:
- Taunting and threatening me as I rode my bike by the house with my daughter in tow. No action was taken as there were no witnesses.
- Banging on the walls and playing excessively loud music after hours. This has happened on a few occasions. On two of the occasions the deputies were actually able to get here in time to hear the beating on the walls inside of our place (it's a townhouse with a common wall). One of those times when the deputy went to inquire about the banging on the walls the mother actually lied to him and said that the son "had just left" to go to his grandmother's house because he was upset. Me and another neighbor told the deputy in no uncertain terms that no one had left that house (we have eyes everywhere). It was apparent that he concurred, and after staking out the place for close to an hour he came to the conclusion that the son was in fact in the house. He called for backup and then extracted the son from the house. They spent close to another hour out in front of the house interrogating the son and the mother. Since it was all happening in front of our neighbors house I was getting real time updates on what was being said, and it was the same thing the police has been hearing from these two for years: profanity laden lies, accusations and insults. The deputy later told me that he had to plead with juvenile hall to let him arrest and bring in the son, but for some unknown reason was denied. As far as I know at this point there were no consequences for either of them. He got away with being an under age drunk banging on the walls to annoy us and our children, and she got away with enabling them both to violate their restraining orders, allowing her minor son to be drunk, and bald- face lying to the police about her son not being in the house.
- Although we thankfully see her rather infrequently, on almost every occasion that we do see her out in the front of her house she takes out her camera and points it at me and my children as if she's recording us. This is harassment, and it has been witnessed by several different neighbors. On most occasions we just laugh it off, but it is annoying, and at times my oldest daughter (7 years old) has expressed feelings of anguish from the harassment. Most of the times this happens it's while she's on her own property, which we're content to just ignore, but on a few occasions she has done this from the sidewalk and the street in front of our house. This is unacceptable. One of the times she was sitting in her car on the street for an extended period of time and was apparently watching and recording our three year old as he played in our driveway with my wife watching him from inside the garage. This was witnessed by one of our neighbors, but my wife wasn't aware that she was watching and recording him due to the fact that her car was hidden behind an illegal fence that she had erected (now gone) after the restraining order was granted. After an extended period of watching and recording from the street she exited her car and walked into her garage. Shortly after that my son walked around the side of the fence and stepped onto her driveway by a foot or so. At that time my wife ran out of the garage and around the fence to retrieve our son to find the neighbor recording him stepping foot onto her property. In her customarily nasty tone she told my wife to keep our kid off of her property. When I was told this story by my wife, and by the other witnesses, I called the police. Although I see it all as harassment, the part where she was in her own driveway and was recording my son as he walked around the corner didn't bother me too much, but the account from our neighbors of her sitting in her car (on a public street, and in a location where she never parks)for an extended period watching and recording my son was definitely a violation in my opinion, and if nothing else it's just plain creepy. But again, no action taken by the police or prosecutor to enforce the restraining order.
The new development
Last Friday, the day after Thanksgiving, after a few months with little police interaction (basically because we'd just given up on them enforcing the restraining orders in any way), I was pulled into an incident between the neighbors and some other neighbors that were having a dispute involving four deputies. I actually don't know all of the details of the incident because I wasn't directly involved, but here's the gist of it.
- The neighbors directly behind our place had family over for the holidays that were all unaware of the problems the neighborhood has had with my immediate neighbors, and their anti-social and aggressive behavior.
- A father and son were playing football in the yard and it went over the fence and landed in the neighbor's yard. They originally thought that it was in my neighbor's back yard, but in fact it was in my yard. We were not home at the time and didn't notice the ball.
- The father went to the door of my neighbor's house to ask if he could retrieve the ball, and instead of getting a response that almost any civilized human being would expect from any other civilized human being in that situation, he got a dose of the vitriol and utter absence of civility that this savage has bestowed upon this entire community, and town, for well over a decade: maniacal screaming of profanities and threats.
- The police were called. I'm not sure exactly by who, or the exact reason for the call, but they were called.
- We arrived home just before the police arrived at the scene, but they were parked on the intersecting street out of my sight. After unloading the Christmas tree and taking it into the house I returned to my driveway and could hear some commotion coming from around the corner.
- At this time I had no idea of what had taken place while we were away so I just walked down the sidewalk to get to a place where I could see what was going on. What I saw as soon as I could see around the side of her house was the two police vehicles, four deputies, and my irate neighbors swearing and berating the police.
- As soon as she saw me her vitriol instantly shifted from them to me and she went off on an incomprehensible profanity laden diatribe, which was very similar to the one that kicked off our ordeal a year ago. This was directly witnessed by one of my neighbors, and heard by one of the neighbors that live in the house behind us.
- I never made eye contact with her or said a word. I just stood there holding my hands up in disbelief while making eye contact with my other passing neighbor and the four deputies.
- Within a few seconds of that the officers escorted her back to her front door and asked me if I was the neighbor. I acknowledged that I was, and then one of the deputies started to explain the situation to me. I'm pretty sure that in most situations they wouldn't have told me exactly what was going on, but since the ball was still in my backyard I was indirectly involved.
- As soon as I heard the ridiculous and trivial motive for the disturbance I immediately changed the discussion from retrieving the ball in my yard to making it clear that I wanted everyone to acknowledge what had just happened vis a vis her verbal attack on me, that that was a clear violation of her restraining order, and that I wanted them to take the appropriate action (see attached RO).
- I had never seen these four deputies before, which is a big part of the problem, and they had no real understanding of the situation in the neighborhood. In fact initially one of them mistakenly thought that she had a restraining order against me, and that I may have been in violation by walking out to see what was going on, which of course is the complete opposite of the actual circumstances.
- At that point emotions were flaring with everyone involved. The four deputies were apparently a little worked up by having been verbally assaulted and berated by her and the son, and I was also quite irritated for the same reasons. I don't remember everything that was said in those few minutes while the deputies and I were trying to work out what had just happened, but the one thing that set me off was when one of the deputies, that I've never seen before, remarked to me in a disrespectful tone something along the line of "I've been dealing with you people for over six years."
That was it for me. As soon as he took that tone with me, and then lumped me in with them, I lost my composure, which I've maintained throughout countless encounters with law enforcement and with the civil court system over the past year. All that are aware of all that I've been through concur that that in itself is quite a feat. I'd also heard that line before, of course not in such a disrespectful tone, that "we've been dealing with you guys for years." No, they've been dealing with her and her son for years. The first time I heard someone say that we'd only lived here for a few months, and at this point we've only been here a little over a year. But this smartass has all of a sudden been dealing with me for six years, and I've never even seen him before.
Of course this is a bigger part of the problem that I'm not going to get into here. The whole Sonoma PD is completely dysfunctional. If there wasn't constant turnover, and had deputies that were aware of the situation, which many are, been present on that day I wouldn't be wasting my time writing about this right now.
Unfortunately this deputy couldn't compose himself and get a handle on the situation so everything went downhill from there, and within a minute or two our interaction concluded with me telling them all to "get the fuck out of here because they were useless anyway". I regret saying that because it was a general statement directed at guys I didn't know, and it was most likely unwarranted for the other three deputies. To them I apologize.
Later that night I called dispatch to report the incident because I did want a complaint filed against the neighbor. One of the deputies that was present earlier, I think his name was Short, tried to explain to me that they believed that because the neighbor was "distraught" that her actions in their opinion didn't qualify as a violation of her restraining order. I respectfully disagreed with his assessment and asked that my complaint be formally taken. He then passed the phone over to another deputy, I believe his name was Rodriguez, who took a similar tone with me as the deputy had at the incident earlier in the day. I very well could have been the same guy. That ended with him hanging up on me.
On Monday morning I went to the police station and informed Darcy that I wanted to have a meeting with the chief of police. Later that day I received a call back from a new sergeant named Michelle (I believe), and when I told her that I didn't want to speak with her I was hung up on again.
And that's where things stand today.
I've pursued many of my legal "remedies" over the last year. I've presented my cases in a professional and diligent manner while respecting those with whom I've interacted commensurately with the amount of due respect afforded to me. I've also won every case that I've pursued, and therefore have been vindicated by the very construct of the system in which we operate. But despite all of that I am now apparently ostracized from law enforcement. I'm now treated as a criminal, while the proven criminals are protected by the dysfunctional system.
From this point forward I will cease my pursuit of justice through a system where little is to be found. Up until now this story has only been known by a handful of people; most from this neighborhood, and a few others from around town. They all concur that how the system has handled all of this is absolutely unacceptable, and many share the feelings of disgust that I've experienced in the past year plus.
The ineptitude, nepotism, arrogance, and complete lack of integrity displayed by many mentioned above has endangered the good citizens of our small town neighborhood for over a decade, and has wasted countless hours of several different families that have tried to seek reasonable resolutions. But we've found, due to the characteristics listed above, that seeking a resolution within this system is futile. So we will now work together to spread the word and raise awareness of how the system actually operates.
Here are a few anonymous comments from other members of the community that are aware of our plight.
"That's a lot of info. I hope someone in the department and city can make good with it. "
"Very well written, but as you mention, unfortunately, I don't think it will change anything..."
"Your ordeal is nothing but frustrating, disappointing, enlightening (in a non positive way), disheartening, and a stark reality reminder of of how our paid civil servants execute their powers with extreme bias, unfairness, and a subjectiveness that has decreased my faith in our legal system and its intended remedies. It is unfortunate that in your attempt to solve this issue through proper legal channels, the system has only converted the true victim (you) to the antagonist in this situation. This reversal is the direct result and consequence of the obvious politics and corruptness that exists within our civil servants. Your story is nothing but the unequal application of the law by our civil servants and their single interest in themselves and their cohorts."
“Who in the hell do these people think they are?”
“THE ONLY WAY THIS IS GOING TO GET FIXED IS FOR THE MEDIA TO BE AWARE OF
THE SYSTEM.
MEDIA .....
1-GO LOCAL SOME HOW (TO CITY COUNCIL MEETING)
2-NEWSPAPERS, ARTICLE IN SUN, IT MIGHT
3-FORMAL COMPLAINT
4-THINK OUT SIDE OF BOX, TV?
THIS IS CRAP!!!”
This was sent to all listed above and other members of the community on 12/2/2016.