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Subject: [GRANNYS-NA-PANTRY] More from United Native America...
Date: Fri, 4 Jan 2002 00:03:00 EST
United Native America.com
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Special thanks to Jim Windwalker on our email list for his support on Native
American Issues, Please read his response to a letter sent to us posted under
his letter.
From: (Jim Windwalker)
To:
Dan, My name is jim Windwalker...I am Chief Investigator for the First
Nations Commission on Civil Rights. You might be interested to know that you
have a very good Civil rights case. If you would like to email me I would
like to talk to you about this.
The fact that you did actually have the foresight to place the trasspasser
under citizens arrest could be the greatest thing that you did... I woul like
to know what state that you live in so I can see what their citizens arrest
provisions are... At any rate Denial of due process under the 14th amendment
is what I would alledge as well as criminal violations of 18 USC 241
(Conspiracy to violate rights) Criminal Violarions of 18 USC 242 ( Color of
Law Violations) and I would persue it on a Federal NOT state level. Since
there is not state remedy for these violations. If you would like, you may
look at my site that Mike just posted...
<A HREF="http://jimwindwalker.tripod.com/indianlawusa/">
http://jimwindwalker.tripod.com/indianlawusa/</A>
http://jimwindwalker.tripod.com/indianlawusa/
It will allow you to look up the laws that I provided you with and you can
see how serious these violations are. If I can be of any help please feel
free to contact me.
Sincerely, Jim Windwalker First NAtions Commission On Civil Rights.
*************************************************************
Letter sent to UNA
This letter is long but it's a story of all that happen
From: (paula1)
To:
This is to inform you of a situation that has now reached a certain level of
importance ....I have been attacked in the last year 3 times by my neighbors
.... the neighbor next door ... the neighbor two doors down and the neighbor
at the end of the road ...I live in a remote area of the county .... way out
in the hills ... politics runs the town and the county ... and of course the
sheriffs office and others ....yes ... this is bubba country .... so u will
know what the situation is like here ....the people next door like to party
.... real hard .... this I do not mind as long as they do not offend or cause
harm to others .... including myself ...this did not occur ....
they constantly ran over my boundary fence line between our houses .... I had
constantly called 911 of the incidents .... damage to property insults
threatenening abuse trespass on and on ... till one day ... they came
barreling in and ran over the fence .... I went out and told them to remove
their truck from off my fence ... half of the truck was on my side the other
half on their side ... stradling the middle of the fence ... 3 people came
out ... heading towards me .... I told them to remove their truck ... they
all 3 crossed the fence ... jumped me .... and beat me in the face .... all 3
of them followed me to the porch of my house ... I constantly told them they
were trespassing and to leave ... I went into the house and shut the door and
when I did ... one of them broke open the door and entered my house ... I
tried to find a weapon and the person argued with me throwing insults and
went out the door ... I called 911 .... they came out ... but did not arrest
anyone .... the sheriffs office told me to take a warrant ... I did the next
day ..... u have to wait until the county attorney can bereached or found to
do so .... they arrested one person because I did not know who the other two
were ...
at court time ... the judge said that he believed they did what they did ...
but I did not present any evidence .... I was there alone ... I had no one to
see it .... the sherriffs office did not produce the deputys who worked the
case ... and the pictures the sheriffs office took of the damage to my
property could not be found and produced the second incident occured during
the summer ... the neighbor two doors down ... on the other side of the
person who did attack 1 is freinds to them also ... all of us do not have
city water it is not run out here this far ....
he has a well but it went dry .... on the other side of me is the other
neighbors property that lives out the end of the road ... he is kin to the
other ..... he has a well and it is supposed to have water ....the neigbor
two doors down .... sent the constable with a bulldozer to pave a way to run
a water line .... the bulldozer driver broke my fence down with the dozer
..... and paved a way with the dozer to the well on the other side of me ....
I argued with the dozer driver but he said he was only doing what he was
hirred to do and informed me that I need him as constable ... I told him I
do not need anyone who breaks the law and brings harm to citizens ....
this urked the neighbor and the following week ..... the neighbor came with
the other neibhbor that lives at the end of the road with a tractor to lay
the water line under the ground ..... I approached them and told them they
were trespassing and to leave .. they would not ... they ran up to me and the
neighbor who lives two doors down starting hitting me in the face ..... my
wife witnessed this but did not want me to press charges thinking it mite
cause too many problems ....now comes the 3rdincident ....
the people next door was quite all summer after these incidents .... but the
saturday before last .... they had a grand ole party next door ... the road
was full of cars 15 to 20 ... a real lake party thingy .... drinking ....
loud talk and noise .... blocking the road .... running back and forth twain
the neighbor at the end of the road and next door .... turning in my yard
.... parking in front of my house ect .... a sight to see really ....
so I called 911 and asked them to quiet them down .... distrubing the peace
.... damaging my property .... drinking and driving ..... ect on and on
....they dispatch said they on their way ..... then out the road comes the
neighbor at the end of the road .... barreling in fast and stops at all the
cars .... 15 to 20 and tells them that the Troxells have called the law and
if they had anything to leave ...... then he went to the neibhbor two doors
down .... then barreled back out to the end of the road and his house ....
now the law comes ... sees nothing .... but goes down and talks to the next
door people .. and sees children in amongst those that remained behind ...
about 3 to 4 cars nows .... and they leave .....now the sherriffs cars are
gone ... now out comes once again the neighbor at the end of the road ....
barreling as before .... and goes straight to the neighbor two doors down ...
stays couple of minutes ... then comes barrelling up the road like he is
heading to his house ... but stops in front of my house ....
my wife says he is coming to the door ..... so when he got on the porch I
opened the door and walked outside shuting the door behind me ... and he
angerly asked me why I called the law on him ... I told him I did not call
the law on him ... and he said he heard it on the scanner ... I smelled that
he had been drinkning but not drunk .... and I told him to get in his car go
home and sleep it off .... He said he wasnt going no where and I told him if
he didnt get off my property the law will be back and immediately turned
around opened the door and walked inside not wanting to advance the situation
.... as I was walking in he yelled at me "since u all have lived here u
indians havent been nothing but trouble makers" ...
not saying anything I continued to walk inside and as I almost had the door
shut ... the guy ran like a ram and with his shoulder bust open the door and
grabed me and starting hitting me ....
I then defending myself went at it with him as well .... eventually I had him
on the floor and sitting on top of him and told him he was under citizens
arrest until the law got here ...my wife saw the whole thing and was on the
phone with 911 .... the whole complete episode in full .....
then in walks thru the door the guys wife and a young guy I did not know who
he was .... I told them two to leave my house ... that this guy is under
citizens arrest until the law got here .... then the guy I had pinned somehow
forced his way into his pocket and was trying to get something ... I screamed
what are u getting ... a gun a weapon ... he said hell yeah a gun ... he
forced his hand out and it was knife and not a gun ... we struggled and he
somehow flipped open the knife and I managed to wrestle it out of his hand
....
then in walks the neighbor two doors down (the water problem person) .... he
yells to me .... get off him ... I informed him that I was holding this guy
until the law came .... then the neighbor ran over to me ... and grabed me by
the hair of the head forcing me up and off him ... he placed a choke hold on
me with his arm and with his other hand began hitting me in the face ... this
let the person on the floor up and he starting hitting me in the face .... I
was being attacked by two people in my own home ....
my wife is still on the phone with 911 and all this is being recorded .... my
wifescreams to 911 that they are killing me .... the neighbor with the choke
hold then threw me to the floor and stomped on my leg and knee couple of
times with flat of his boot and not a kick hit .... then the guy who was
earlier pinned jumped on top of me and starting hitting me in the face again
....
the younger guy who came in with his wife grabbed the guy on top of me with
both his arms and wraped them around the neighbor and pulled him off me and
tried to get the guy outside ..... as they were going thru the door ... the
guy who was earlier pinned made threats to me and my wife ... "If u do not
move by tomorrow I will kill u, If I see u out anywhere I will kill u".
the younger guy had pulled him thru my door to the outside and up to this car
... and they sit there and wait for the law ...two sheriffs office cars come
and they DO NOT talk to me at all .... but some people next door surround the
sherriffs cars and one person is threathened by a deputy to take him in ....
they put both the neighbor and the guy in a diff car .... they stay outside a
long time talking and talking with the people next door and to the two
neighbors .... I asked them at least 5 times if they were going to get a
statement from me .... they told me later .... I waited and waited .. no one
talked to me at all .... but ....the two cars left .... the sherriffs dept
took them home and one of them stopped by my house on their way out and back
to the sherriffs office ...
I asked them what did they do .. and they told me they took them home ....
and I angerly asked why didnt u arrest them ... they told me it was politics
... that the sherriffs race if coming up .... and one of the neighbors is
backing a person running for sherriff and they know the magistrates ect ....
that it was all politics ....
I couldnt belive it ....
they told me I had to go get a warrant for these two myself with the county
attorney so that monday I got the two warrants ... but as the week went on
... I contacted the sherriffs dept and watched the road and nothing ... the
sherriffs dept did not know anything ... neither did the county attorney ....
then one of the deputys wanting to know about computer things called me and
while I had him on the phone asked him if they were ever going to arrest the
two guys ... the deputy said the guy running for sherrif which is also a
deputy on the current sherriffs officee called the two guys and told them to
come in to the sherriffs office and sign the papers ....they came in ..
signed the papers ... made a paper bond thingy .... and went home ... no
handcuffs .. no arrest ... nothing but sign papers ....
I asked him why they did not arrest them ... he said that is how they do
things sometimes .... all u have to do is come in and sign the papers ....
thats it ... no pickup no handcuffs no arrest ... EVEN THOUGH THERE IS AN
ARREST WARRANT ... a FELONY ... and a conviction of 5 to 10 years for the
crime ....and it is NOT LOGGED IN ....
I constantly called and asked for court dates ... no one knew anything .. and
come to find out today ... my wife finally contacted a person in the county
attorney office and they told them they ALREADY had a plea day two days ago
on monday ....
WHAT ?! ... they told me to be sure to be there even on plea day .... what is
going on .....they both pleaded innocent ....I have evidence of medical
records and witness ... pictures of my face I took and hair the guy pulled
out in a wad ....other evidence is police log .. but it has not been logged
or a report made ...I suppenoed the 911 tapes but feel that will be lost ...
as will the report of the sherrifs office and on court date I look for the
deputy in charge that nite to not be found anywhere either .....
Justice ? Where is Justice ? Does Politics run Justice ? can anyone help me
out .....
Dan Troxell
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