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I Was Arrested April 5 2009 The start of national cruelty to animal prevention month I discover after the incident... |
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| On the above date I was Tazed, Arrested and booked for attempted murder as well as a host of other stacked charges by Siskiyou County deputies after calling them for help. The story and deputies recording of the incident is posted below. This is what happened when I called the Sheriff to make a citizens arrest for animal cruelty. My citizens arrest was not accepted by the deputy... I will refrain from posting my opinion... I will only give you the facts. My Attorney had told me not to talk about my case...I haven't...Times up..
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Noble Knows... I have been working my service dog Eddy with Charlie, Noble is filling in as needed... Eddy, my #1 service dog, was severely damaged by the incompetent and criminal actions of the Siskiyou County Sheriff's office. |
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Above is who I am |
This is what they did to me | |
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send feedback to... |
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Sunday...4-5-09...I arrived at my fenced front yard and I found 2 Great
Pyrenees (Big Dogs) in my yard...I discovered that one of the dogs had a heavy chain
with a ten pound barbell weight wrapped around the belly and it had slid
back over the dogs hips preventing the dog from standing...as I approached
the dog it growled me off; I got my two service dogs and they befriended
the dog so I could look at the tag.
I called the number on the tag and left a message about the dog; then
I called 911 to request a deputy to make a citizens arrest for cruelty to
animals...the sheriff dispatcher said they were busy...
The owner and a friend showed up an parked across the
road from my yard... While I was talking to the friend,
the owner and his wife opened my gate and lead their dogs out and all that
I saw was a man running a big dog by the collar across the road; in the
process my service dog also followed them out into the road way.
After getting my service dog back to the safety of my truck I
approached the dog abuser across the road where they had parked and
proceed to tell him that he was under citizens arrest for cruelty to
animals and followed that with a lecture on how the dog should not be
treated...He said "its my dog and I'll do as I please" as he stepped
forward and raised his right arm/hand and that is when my police training
from my youth kicked in and by reflex I caught him with my left hand
holding him at bay for a few seconds by his shirt at arms length saying "YOU WILL KILL
HIM!" (referring to his dog)
He offered to pay me for my troubles and informed me
that he had spent $10,000 dollars fencing his property to keep his dogs
home...I walked away disgusted after giving them my business card and my
magical card that affirms "something wonderful is going to happen" The dog
abusers wife complained that my name was not on the card...
I called the sheriff and canceled the call but an hour
later 2 sheriff
units and a game warden drove past my yard and on up the road...
An hour after that the three units parked defensively up the road from
my yard and approached my gate...I explained to the deputy what happened
and informed him that I wanted to do a citizens arrest...
I commented to him "three of ya" referring to the number of officers
there to take a report and submit it to the district attorney for
prosecution...He responded with "do you have a problem with that" I
replied " It seems like an overload"..."what was the call".
The deputy continued taking notes and I asked some
questions; he
replied rudely and said just wait...He then said "your stare is not going
to do any good" and I replied, "I'm just looking at you, do you have a
problem with that?" He said "YES I DO"...then he said "OK,
HOW ABOUT THIS"
He then forced
open the 6+ foot gate and his partner shot me in the chest with the
tazer...I had my two service dogs on my leash belt at the time and I went
down in pain screaming "NO...NO...NO...LEAVE MY DOGS ALONE!"..."DON'T HURT
MY DOGS!"
I was screaming first at the pain and secondly and more importantly at
my service dogs because I knew that the armed and angry deputy would kill
my dogs if they did anything but cower...
I was arrested and booked for attempted murder along with a host of
other stacked charges...including assault with a firearm.
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| This is audio only, recorded by the deputy, with a picture of my 6 foot fence. I am holding my plastic racquet ball racquet that I use to hit tennis balls for my dogs... | ||
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Above is me at the gate |
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Above is Eddy and Charlie...The fence line in the background is where I talked to the lady that put the dogs in my yard...The gate is downhill to the right... Eddy was severely affected by the tazing and I almost had to put him down... |
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Below are my service dogs |
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Noble, Charlie, Bonzi, Bonzie, Eddy |
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Hello,
My name is Joanne Thomason, my son is Dave. We have
had quite a year. If you read his web page you know some of it. He
provided me the opportunity to write my feelings on the whole
situation. I hope I do not come across as Mama Bear protecting her cub
as he is quite capable of taking care of himself, but we did go through
this ordeal together. I am not sure as of this writing whether to leave
this on his web site or to print it out and send it to our District
Attorney, the Sheriff and possibly the state Attorney General and the
judge. It is a bit frightening to send it out to the DA and the Sheriff
as based on our experience we could get arrested and charged with
something. We have discovered that money and who you know are all
important and we have no money and do not have any connections.
Anyway.....
On April 5 Dave went to our lower property which he
has named The Doghouse, with the intention of raking up leaves and
planting grass seed. When he got there he found two Great White
Pyrenees , one with a heavy chain (heavy enough to tow a car) and a ten
pound weight wrapped around the dog. It had worked its way down over
his hind quarters and legs and the dog could no longer stand up. The
dogs apparently had been found by a couple and put the dogs in Dave's
yard. To my knowledge they knew who owned the dogs. Why they did not
take them home I do not know nor why one of them did not stay with the
dogs and try to remove the chain while one of them went to find the
owner I do not know. They just left the dogs there for Dave to deal
with as he likes dogs.
Dave was, with the help of his service dogs, able to
calm the dog down and get the chain off. Was he angry, upset would be
a better word and frustrated that someone would do that to their dogs.
He called the owner and the sheriff to report animal abuse. The animal
abuse has never been addressed even though he requested a citizens
arrest be made. Perhaps our DA does not care if animals are abused
especially if the animal belongs to Sherwin Nelson and from what I have
heard is a friend of the DA and has money and is well connected.
The Nelson's and the couple who found the dog showed
up and while Dave was at one end of the yard the Nelson's came in the
yard and got their dogs and let one of Dave's dog out. Dave went out to
get his dog and then he and Mr. Nelson had from what I gather a heated
discussion about how to care for your dog. Mr. Nelson said they were
his dogs and he could do as he pleased and moved towards Dave with
raised arm. Dave put his arm out to stop him and had a hold of his
shirt. Mr. Nelson said Dave choked him. The witnesses said no he did
not. A lie. Mr. Nelson said Dave threatened to kill him, Dave was
talking about the dogs and how what he was doing could kill them. Mr.
Nelson then offered to pay Dave for his troubles but he did not take any
money and gave them his business card.
The Nelson's called the sheriff. On the 911
recording Mrs. Nelson responds to the 911 operator and says he is ok.
When the sheriff got to their home Mr. Nelson started rubbing his chest
and deputies suggested he go to hospital. I do not know if he was
having chest pains or if there was concern about the possibility of
being charged with animal abuse. He did go to the hospital and was ok.
I do know chest pains are not fun and I myself have had many incidents
this past year.
Later the deputies showed up at the Doghouse. Dave
has put the recording on his site. Unfortunately the entire recording
was to large to put up on the web. He never resisted arrest and
the video will show that he did what he was told. He was worried about
his dogs. He asked deputies to get me so I could take care of his
dogs. They told him he could call me when he got to jail. There he
sits in handcuffs with no way to alert me to the situation and get his
dogs. I do not drive anymore and he asked them to get me. The game
warden who was there did come and get me. I did not know at the time he
was being charged with attempted murder, the story that went out to the
newspaper an TV stations. It was Mr. Nelson who contacted the press
according to a friend who checked into it. One of the charges was
assault with a firearm...there were no firearms anywhere. Apparently
from what I have learned an officer can charge you with whatever they
want, does no matter if it is true. He did not argue with anyone , in
fact he asked if they would please call me. At the end of the recording
which apparently too large to put up on his site one on the deputies
while talking about the chain said he thought it was a regular dog
harness that was on the dog. Another lie from Mr. Nelson. One does
have to wonder why if the deputies saw the chain and Nelson told them it
was just a harness that it was obvious something was not right.
Even if he had gotten angry I submit this quote from
a newspaper writer but I do not have the information of who wrote it.
"Where does it say that if feeling
wronged by the police you have no legal right to tell them what you
think?
Things have gone seriously wrong when
police feel justified in slapping cuffs on people who stand up for
themselves and speak their minds.
They are public servants--and indeed
because of their awesome power of arrest and their deadly sidearms, they
are servants with a special duty to use their power responsibly and in
the most measured of ways."
Apparently the deputy did not like the look in Dave's
eye's. There was no justification for his tazing although of course
they were found to have acted responsibility by their superiors..
Listen to the recording. I personally think there should be a citizens
committee to review such actions when taken by the police. I have read
so many instances where the police where held harmless and their actions
were unjustified.
The end result of that day was he was arrested, spent
three days in jail and was released on a $2500 bond ($25,000 bail) which
his sister was kind enough to pay for him After a year of one delay
and postponement after another finally on March 12 we had the option of
accepting a plea or go to trial. Trial would cost another $7500 which
we do not have and it was finally made clear that the charge would be
elderly abuse, which carried a 1-4 year prison sentence. and resisting
arrest. He signed the plea bargain which in part stated he was not
coerced but of course he was but that is what he had to sign I do not
know if we can appeal that or not. Unfortunately we can no longer pay
for an attorney so accepting the plea was his only choice.
The elder abuse charge is almost laughable if it were
not so serious. We did not know this was what the DA would push to
convict him on. He was defending himself when he stopped Nelson and
took hold of his shirt. They presented us with a picture of a very red
mark, below his neck. That was the first time we had seen that picture,
I was shocked. Notes I had made at the time of the incident; I wrote
the bruise was barely visible. If we had known this we would have asked
for medical records. Why did it take a year to present this picture. If
the picture was taken at the time of the incident I am not sure it could
possibly be that red in an hour. There was also a picture of the chain
which was nicely wound up with the weight on top and it looked harmless
and very small. Not hard to resize pictures or take them at a distance
to look smaller. This is no doubt this is what the judge saw. Why
wasn't all the evidence presented when asked for months earlier.
The Ca. penal code 368 states that
"with knowledge
that he or she is an elder or a dependent adult, "
.
Dave had no knowledge of Mr. Nelson's age. He saw a
man running across the road with a dog. He may have noticed gray hair
but then his father had white hair and beard in his late forties. I
guess when you have connections the penal code does not count.
To think that Dave is being punished for elder abuse
is absurd. He has been taking care of me 24/7. He takes me to the
store, any doctor appointments I have. I have had three back
procedures, two eye surgeries and oral surgery. Some in Medford,
Ashland or Redding. He helps around the house,
takes care of going to the dump and plows the snow which he has done for
years. When his father was sick he was there for him and I cannot count
the number of times I called him at 2 or 3 in the morning as I needed
his help Of course before his father's passing he was always there for
him. And to think because he had a hold of Mr. Nelsons' shirt he is
charged with elderly abuse is ridiculous. But then he has
connections.
Dave is on three years probation, house arrest
complete with ankle bracelet. He is always home or at the doghouse or
store. It is insane to require him to do that except they get more
money which he doe not have. Also regarding requiring anger abatement,
There is only one anger person in the county now. His father used to
teach it and Dave even took over his class after Tom had some surgery.
Unfortunately Steve Bulcroft either does not know the law or has chosen
to ignore it. Dave does not go out without his service dogs. He has a
doctors prescription for the dogs. The dogs help him with his brain
injury he received after being involve in a serious accident. Mr.
Bulcroft refused to let them in. That is against the law. He says the
room is too small and maybe it is small but nevertheless the law says a
person has the right to have their service dogs and reasonable
accommodations must be made.
I apologize for the length of my message. Now I am
wondering if to leave it on Dave's site or to print it out and send it
to our DA and Sheriff. Perhaps it will find it's way to Jerry Brown. I
wonder if he likes animals or are the problems facing this country to
large to be concerned about injustice in a small county. I would like
to hear if any of you reading this think I should print it out and send
it to to the DA, Sheriff and Attorney General and the judge..
Still pondering.
Below is a picture of Dave's dogs. One of them has
since passed and my Toby is front an center. They were all "throw away
dogs"
Charlie, black dog in back jumped the fence once.
Dave's solution was different than Mr. Nelson who apparently put the
chain on the dog to keep him from jumping the fence. What did Dave do
to solve the problem. Made the fence. higher......dah No brainer.
Thank you for reading this.
Joanne
This should be Dave's jury of peers... |