Aviso de queja relacionada con 2022-1027

OF
GINE
LOSPER
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
November 18, 2022
ICMS #: 2022-1027
On November 15, 2022, the OPO received an email complaint.
The complainant alleges:
Hi,
Case #
On
My charge of assault was dismissed.
I came home from a run around
after having worked out as well- to someone
pounding on my window. I asked the person what they were doing when they charged me
and I put the person in a headlock in self defense.
I then ran inside my house and called the police. Police came and arrested me for
assault because that other person claimed he lived at my house. The police took a very
drunk and very stoned kid's word over mine. When I'm the homeowner, a war veteran, I
was the one who called the police, the arresting officer refused to take any statements
from neighbors who could collaborate my side of the story, and refused to test the other
person for drugs and alcohol.
I asked the police does this person have a lease, proof that he's paid me any rent in the 5
months he's claimed to live with me, a piece of mail with his name and my address, why
doesn't he have a key to the house- if he lives at my house- why is he banging on the side
window of my house, I even asked the officer if the other person could describe my wife
and then I'll show you a picture of her and we can see if he gets her description right-
because he's lived with her for 5 months now- it would be silly to think you can live in a
OF
CITY
COSTAL
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
small house and never once see the person. These statements were 100% ignored, until I
was arrested in handcuffs then I was told that these are good questions for my lawyer and
I replied with "I feel like these are good questions for this "investigation."
The police kept on asking me to let this person in my house to grab his things- I told them I
can't because that would be letting you assist him in robbing me. I then asked why doesn't
this person write down what he has in my house then you and I can go in and get it. This
was then ignored- but was still asked several times where I said repeadtly- I've already told
you why you can't, I can't explain in any better or more clear. I'm not letting this kid rob
me.
The arresting officer never took any witness statements of my neighbors that said they
live next door and that kid does not live at my house, nor a neighbor's statement that he
saw the other person charge me first while he was walking his dog.
My neighbors all went to the police to ask if they could give statements and they were told
they were not needed.
The arresting officer refused to test the other person for drugs and alcohol. When the
arresting officer asked why I don't have a scratch on me and the other person does after this
"fight". I flexed and said because "I'm a Spartan Warrior" and laughed and asked is this a
serious question? I was shirtless during this "investigation" as I had just come home from
a run and I run shirtless.
Sorry to attach the pic of me shirtless, but would you question a person who looked like
that.
OF
DIAL
CURRENT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
Then I told the officer I'm a trained fighter for 15 years in MMA and boxing- plus this kid
is beyond drunk and stoned- I could smell it when I had him in a headlock- he reaks, did
you test him?
I said when the kid came after and tried to tackle me, I could immediately smell the alcohol
and pot on him and could tell he was discombobulated in trying to take me down- ya know,
because I'm trained, I said, he could have had 4 buddies with him attacking me, I bet I still
wouldnt have a scratch on me, ya know- because I've been trained to fight in these types
scenarios, SO when I'm in this scenarios of having to defend myself, I can do just that- that's
kind of the whole point. Kind of like how you train to drive a big truck then drive a big
truck.
I
then asked if he could test the other person for drugs and alcohol.
The arresting officer said he can't, he needs probable cause. I then asked this isn't? He said,
no- you'd be surprised- I said I was beyond thunderstruck.
The arresting officer would repeatedly ask me why the other person claims to live at my
house. I told him I can't control what he says to anybody, what I can control is who lives
at my house and he doesn't.
I was repeatedly asked why the other person who claims to live at my house said this or
that- I told him, I didn't know man, I'm not Nostradmous- I can only speak for myself on
why I do or say things.
The arresting officer told me once I go to court and prove I'm right- he promises he will
arrest the other person- personally.
OF
CHICK
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
I tried to press charges on the other person- the detective- detective
said the other
person admitted he didn't live with me- and the detective said his story kept on changing
and was full of holes. My story has not changed once, nor has ever had a hole.
I was told there was not enough evidence to move forward to press charges against the
other person for assault.
Even though I have footage of the fight I showed
the footage of me having the other
person in a headlock telling him to get off my property- two witnesses who saw the other
person charge me, and roommates who have stated this person did not live with me, and
neighbors witness statements. All the other person had was his "word." I was then asked
why I didn't have a scratch on me, I told him I'm a trained fighter, in the best physical shape
of my life, was at the peak of high performance- I had just worked out and was coming
home from a run- plus this kid was drunk and stoned like no other.
He said but still. This all seems beyond ridiculous. I guess in defending myself, I should
have let this person beat me up.
Kind regards,
OF
A
CITY
COMPANY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.