Friday, May 04, 2012

Complaint against Deputies at Southwest Detention Center




Complaint against Deputies at Southwest Detention Center



At 2: PM spoke to Sgt. Logan via telephone 951 696-3050 this date 5/3/2012 regarding filing a complaint against several officers at the SOUTHWEST Detention Center.

My Complaints:
2 deputies were instrumental in gloating the apparently inexperienced CHP officer to increase the penalties in my unlawful arrest. His original statements were that he only wanted to charge me with what I thought he said was a 463(b)?
They continued to insist or suggest that he charge me with a 148. The Deputy writing the report asked a female behind the window whether it should be a plain 148 or 148PC.
I objected to this due to my being cooperative, I felt and feel that the CHP was practicing profiling, selective law enforcement, and now they were conspiring to join his illegal activities in violation of my human and civil rights, see: http://justiceforblacks.blogspot.com/
http://unitedaffirmativeactiondevelopment.com/I wish to file a discrimination complaint against these 2 Deputies for what I consider a violation of my civil rights as stated by:

http://unitedaffirmativeactiondevelopment.com/id47.html

Quote by Forensic Anthropologist Clyde C. Snow  Regarding Abuse of Police Powers:

“Of all the forms of murder, none is more monstrous than that       committed by a state against its own citizens. And of all murder victims, those of the state are the most helpless and vulnerable since the very entity to which they have entrusted their lives and safety becomes their killer. Thus, it is especially important that states be called to account for their deeds”.                                    

After being booked and held captive illegally, immorally by the Deputies, it only began to end when I was confronted by the outtake Deputy Dempsey I.D. 4469 who stated I had an outstanding warrant from the City of Santa Clarita CA for vehicle violations. Deputy Dempsey refused to allow me to see the warrant. When asked the charges of the vehicle code violations, he stated he did not know, When I stated I was not comfortable signing the citation without knowing the violations, he indicated that I wasn’t going to be discharged until I signed the citation.
I don’t believe and hope that your department treats Caucasians in this manner.
It is my desire that this statement is a part of an official complaint against these Deputies and corrective action is taken by their supervisors.
Problems as these exist, and will continue to exist until the racist system is replaced by an affirmative action see: http://unitedaffirmativeactiondevelopment.com/ fair and equitable practice to include more African American Police Officer, District Attorney’s, Judges in particular. Riverside County is said by many of being the most racist in California should begin a process of justice for all to include African Americans.



STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
CITIZENS' COMPLAINT INFORMATION CHP 2408 (Rev. 6-09) DPI 006

DAY, DATE, AND TIME OF OCCURRENCE
Afternoon 05/02/2012 3:55PM

IMPORTANT! READ AND SIGN THE FOLLOWING INFORMATION

If you have not already filed a complaint, the reverse side of this form may be used to initiate the process. In addition, you may telephone or contact a local office of the CHP or contact the Office of Investigations, at 601 North 7th Street, P.O. Box 942898, Sacramento, CA 94298, (916) 843-3060.

The California Highway Patrol (CHP) has a well-defined procedure for investigating citizens' complaints. Once a complaint is received, it is the responsibility of the involved employee's Commander to ensure a thorough investigation is conducted. Although complaints cannot always be resolved to a citizen's satisfaction, all investigations are conducted objectively, with a goal of maintaining public confidence and departmental integrity. After completion of the investigation, complaints are directed through the chain of command for an impartial review. After final approval, the citizen is provided with a closing written response.

The citizens' complaint process is designed to investigate the allegations of citizens and to make a determination of fact as to any wrongdoing. In cases where a false complaint is maliciously filed against a peace officer, that officer is entitled to file a civil action. Therefore, it is important all allegations presented in a complaint to the Department be based on factual information.

Penal Code Section 148.6 requires that all law enforcement agencies accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following information advisory:

YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO

WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED

IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED 1W THIS AGENCY FOR AT LEAST FIVE YEARS.

I HAVE READ AND UNDERSTAND THE ABOVE STATEMENT.

STATE OF CALIFORNIA If you need assistance completing this form,
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL contact any CHP Office, or the Office of
CITIZENS' COMPLAINT INFORMATION Investigations, at 601 North 7th Street,
CHP 240B (Rev. 6-09) OPI 006 (Reverse) P 0 Box 942898 Sacramento, CA 94298 or (916) 843-3060
This section may be used by you and/or the Department to summarize or further clariA your complaint.
I was stopped on May 2, 2012 by a CHP officer, accused of speeding at approximately 3:55PM.
1 asked to be taken to court to appear before a Judge. The officer cuffed me with my hands to my back, injuring my neck and shoulder. The nearest court house was less than 15 minutes from the arrest. The officer who stated this was the first time in his 20 years as a CHP officer to take someone to court after refusing to sign a ticket.

My claims are:


I was unjustly cited my officer while he was participating in selective law enforcement, profiling, while picking me out of a crowd of traffic. My only crime was driving while black with what appeared to be a white woman in our car.

The officer intentionally delayed taking me to court, taking an hour and a half to get me to a court house that was 1 Sminutes from the arrest site.

The tight handcuffs, along with the excessive punishment from the delayed travel to the court house/jail caused bodily harm.

I was arrested, charged with 22349 (a) ?? speed, 148(a) PC see citation(s) attached, booked and held at the jail until 2:30 AM this date. According to a telephone conversation I had with the Riverside Public Defender's office I was told that he can't see where there is any violation of 148PC.

I am a victim of false imprisonment and racial profiling, my being African American. I was not only "DRIVING WHILE BLACK" but in addition had my wife who appeared to be white as a passenger.

See attachments:
(1) TORT CLAIM
(2) CITATION
(3) BOOKING Receipt


Walter L. Ellis uedcinc@aol.com

Ct Location of the incident:  Meneefee, Murrieta, Temecula, CA

Describe the specific damage or injury:
I was unjustly cited my officer while he was participating in selective law enforcement, profiling, while picking me out of a crowd of traffic. My only crime was driving while black with what appeared to be a white woman in our car.
The officer intentionally delayed taking me to court, taking an hour and a half to get me to a court house.

Explain the circumstances that led to the damage or injury:
The officer refused to loosen the hand cuffs, with my hans behind my back. I had advised him numerous times I had recently recovering from from a torn rotor cuff in by right shoulder, and I was now experiencing new pain in the area of my shoulder and neck. The officers 1/12hour tour of 3 cities caused an injury to my shoulder.
Explain why you believe the state is responsible for the damage or injury:
This officer is an employee of the state, supposingly a public servant with no regards to human beings, especially BLACKS as myself.
BOOKED, PUT IN A HOLDING CELL.  WAS TOLD THAT I WOULD BE HELD FOR 4HRS, BUT INSTEAD WAS HELD  FOR 9 HOURS (DUE TO BEING BLACK?).______________
5/02/2012 17:35 INTAKE RECEIPT   Dep. K. Bernardino

Booking Number: 201218751

Name: ELLIS, WALTER LOUIS   Booking Date: 5/02/2012 Booking Time: 1729


I certify the above is a correct record of my personal property and authorize the Sheriff to receive and inspect my mail while confined and agree not to hold the Sheriff responsible for money or articles taken or mailed to the jail for me.

INMATE SIGNATURE     BOOKING OFFICER SIGNATURE


Thursday, October 16, 2008

NO JUSTICE FOR BLACKS

October 16, 2008
While Driving While BLACK in 2003 in Colton, CA, I was a victim of Selective Law enforcement. I was also falsely arrested by Deputy Hermosillo and his Caucasian supervisor(s). Their premises for the arrest were stated that I refused to sign a citation. After asking to be taken to court in lieu of signing the citation I was told that I didn’t have that right, and was told that I would be arrested and taken to jail. I was arrested, booked and jailed. I called a towing company to pick up my vehicle, and the Deputy refused to allow Secured Collateral to take the vehicle. The cost to recover the vehicle was approx. $180.00.
The Jailer at the West Valley facility refused to keep me at their facility admonished the officer and demanded that he immediately transport me to the court in San Bernardino.
Upon appearing before a Commissioner at the San Bernardino Court, he admonished the officers and advised them that I had a right to be heard in his court, and could refuse to sign the citation.
It was my intent to sue at the time, but did not have the funds to hire an attorney.
Believing that the Commissioner, Judge had dismissed my case, and not hearing further from the court, I was surprised recently to find that there was a failure to appear and my California CDL license had been suspended due to this false arrest and incarceration.
Shortly after this and other citations “Driving While Black” in California I felt the need to leave this state and moved to Texas. While applying for a Texas CDL I had to clear citations and warrants outstanding in several states. This warrant or failure to appear was not a part of my DMV record, justifying my belief that the charges were dismissed.
Re: Commissioner Bradley
(See transcript)
Commissioner W. Charles Bradley denied me due process by denying my ex parte request, per ccp section 170.6, that said judge or commissioner be disqualified from hearing the above entitled matter. After hearing the judge hear several cases, several being Caucasian defendants where their fines were reduced considerably and people of color were fined excessively.
Commissioner Bradley also dismissed assessments on Caucasians where he failed to do on most people of color.
After refusing to disqualify himself as requested Commissioner Bradley refused to allow me to testify and deemed me guilty and told me to be seated.
Commissioner Bradley appeared to become upset when I asked that he be dismissed and I would prefer to be tried before a Black judge.
After leaving Commissioner Bradley’s court 9/29/08 I later returned, met the Bailiff in the hallway, and asked her if I could ask the Judge to drop the assessment of $250.00 as he had done for others, in order that I could get an abstract in order that I could gain employment in the trucking industry. The Bailiff refused me access to the Commissioner stating he was upset with my asking for a Black Judge.

I returned to the Court 10/01/08 having to wait in line 6AM in the morning to see Commissioner Bradley at 1:15 PM, after immediately entering his court room was told to go to the court room across the hall. There I went before Judge Michael A. Smith.
I was advised by Judge Smith that my rights had been violated by Commissioner Bradley. (See transcript, recoding).

I ask that the charges of failure to appear, the fine of $125.00 be dismissed, and all false charges be removed from my record.

Tuesday, April 29, 2008

Is there DUE PROCESS in COURTS when AFRICAN AMERICANS are VICTIMS?
Your Agency is operating under the guidelines of Federal Regulations of Affirmative Action and Civil rights legislation under the Department of Justice. When regulations mandated by the Department of Justice are enforced, they will contribute to an improvement in the “STATE of BLACK AMERICA”.
UAAD has been instrumental in filing numerous Civil rights and Human rights complaints with Federal and State Agencies since the mid 80's. These complaints are “always” ignored when African Americans are the victims.
After receiving a mailed citation showing a picture of a lady stated to be my wife running a red light in the city of San Diego, California, and realizing that it could not have been her driving the vehicle, I began protesting the citation on her behalf. (see the following):

November 20, 2007
Honorable Janis L. Sammartino
RE: Citation A63682A

Dear Sir or Madam,
I have asked that the charges regarding this citation be dismissed in the interest of justice.
I have appeared in court before a judge pro-tem and asked that a Judge hear my case, as I understand that I have the right under the law. Due to the fact that I am an out of state citizen, and I travel frequently with my husband who is a truck driver , I have asked and again ask for trial by written declaration, form TR-205 enclosed.
Your court has ignored previous written request sent by registered mail since September 18, 2007. As I stated to Judge pro-tem Riley on 10/16/07 I would not give up my right to a speedy trial. My written statements to the court also indicate that I do not have and can’t perceive having monies for bail or find due to my limited retirement income. I have also asked, and asked again that the court fully explain:
My right to a speedy trial. After appearing on 10/16/07 and asking for trial by written declaration since September 18, 2007 when does my right to a speedy trial begin?
After asking that a Judge rather than a Commissioner hear my case, why am I now being asked to appear before this same Commissioner that I thought I had the right to dismiss for prejudice?
I am not guilty of the violation I have been charged, and I ask in the interest of justice that the charges be dismissed with an explanation of my rights to a speedy trial and the procedures to dismiss a Judge. In my opinion I believe these procedures should be spelled out clearly and concisely by the court and on the citations and notices to appear in court no matter the offense. These notices should be clearly spelled out whether it pertains to felonies, misdemeanors, traffic or infractions.
The hidden procedures and the lack of the court to explain the rights and procedures to a lay person as myself, makes it difficult to receive a fair hearing in this and other courts, especially minorities.
See: www.justiceforblacks.blogspot.com
Due to the distance to the court, and the lack of transportation and funds, we asked that this case be heard by Letters of Declaration, a process that is available to Caucasians only apparently. The court in our case state that a $600 plus bond (fine) have to be posted in order to qualify for a Letter of Declaration appearance. This demand of posting a bond was demanded after I and my wife appeared in person on the date stated in the citation. After an appearance in court all Caucasians I have been in court with are not demanded to post bonds after such an appearance.
My question to the Judicial System is, How can an African American be awarded “DUE PROCESS” when the same procedures are not followed that are granted to others?
We ask and demand that these questions be answered in writing, and demand that the citation be dismissed.
COURTS, GOVERNMENT AGENCIES, are not concerned when AFRICAN AMERICANS are the VICTIMS.

This country’s HUMAN RIGHTS violation is worse than the Rights this administration is accusing CHINA and other countries of committing.
Courts, Government and Law Enforcement Agencies fail to act when African Americans are concerned? see: www.uaad.org , The Feds Regulate and Collaborate with Banks
http://www.unitedaffirmativeactiondevelopment.com/id45.html
UTAH ATTORNEY GENERAL COMPLAINT
http://www.unitedaffirmativeactiondevelopment.com/id43.html
www.TRUCKERSCOMPLAINT.com / http://justiceforblacks.blogspot.com www.youtube.com/uaad23
Congress, the MEDIA nor Government Agencies are concerned when African Americans are the victims

DUE PROCESS for BLACKS, SAN DIEGO COURTS see: http://uedcdwb.blogspot.com

In the interest of justice and “DUE PROCESS” we ask that the charges be dismissed.

uedcinc@aol.com

Saturday, April 19, 2008

Police act differently when African Americans are stopped. (see link below)

http://www.policeabuse.com/

Thursday, April 17, 2008

The video below discribes the effect of
"WHITE SUPREMACY & RACISM" regarding BLACKS
Our efforts are to disclose the discrimination in this industry and on our nation's highways. Since Law Enforcement, CONGRESS and the MEDIA fail to react when AFRICAN AMERICANS are concerned, we must join together in protest of these racist views.

Sunday, April 13, 2008

Is There Due Process in Courts when African Americans are Victims?
BLACK AMERICA is in the state it is because courts are not allowing due process and are not operating under Federal guidelines mandated by Civil Rights legislation. When Civil Rights regulations are enforced by courts and the Department of Justice, it contribute to an improvement to the "STATE of BLACK AMERICA".
The following correspondence is an example of how San Diego Courts react when AFRICAN AMERICANS are concerned.
The Superior Court of California
COUNTY OF SAN DIEGO
EXECUTIVE OFFICE OF THE COURT MICHAEL M. RODDY Executive Officer and Clerk Jury Commissioner
April 9, 2008
Walter L.Ellis

Re: Letter Regarding Citation No. A63682A

Dear Mr.Ellis:
I have reviewed your letter dated February 14, 2008, which states it was sent to the
Administrative Office of the Courts ("AOC"), with copies sent to this court and others. You ask in the letter that the charges on the above citation be dropped and the conviction be removed from record.
A review of our court records shows that, in response to this letter, the commissioner in traffic court set a further appearance in this matter for March 17, 2008, and provided you notice of that hearing.
The court docket reflects there was no appearance on March 17, 2008, and therefore no action was taken.This is consistent with previous attempts by the court to provide you an opportunity to address the merits of this case. Thus, the conviction and reflection on the DMV driving record both remain in place. Additionally, our communications with the AOC shows they did not receive the letter that was addressed to their Human Resources Division. In light of your failure to take any actions on this case in response to the notices sent by the court, no further action will be taken by the court at this time. The history of correspondence, along with this letter will be maintained as part of the court record.
Very truly yours,

MICHAEL M. RODDY
Executive Officer

c: Administrative Office of the Courts
Court File
Is there DUE PROCESS in COURTS when AFRICAN AMERICANS are VICTIMS?
Your Agency is operating under the guidelines of Federal Regulations of Affirmative Action and Civil rights legislation under the Department of Justice. When regulations mandated by the Department of Justice are enforced, they will contribute to an improvement in the “STATE of BLACK AMERICA”.

UAAD has been instrumental in filing numerous Civil rights and Human rights complaints with Federal and State Agencies since the mid 80's. These complaints are “always” ignored when African Americans are the victims.

After receiving a mailed citation showing a picture of a lady stated to be my wife running a red light in the city of San Diego, California, and realizing that it could not have been her driving the vehicle, I began protesting the citation on her behalf. (see the following):

November 20, 2007
Honorable Janis L. Sammartino
RE: Citation A63682A
Dear Sir or Madam,
I have asked that the charges regarding this citation be dismissed in the interest of justice.
I have appeared in court before a judge pro-tem and asked that a Judge hear my case, as I understand that I have the right under the law. Due to the fact that I am an out of state citizen, and I travel frequently with my husband who is a truck driver , I have asked and again ask for trial by written declaration, form TR-205 enclosed.
Your court has ignored previous written request sent by registered mail since September 18, 2007. As I stated to Judge pro-tem Riley on 10/16/07 I would not give up my right to a speedy trial. My written statements to the court also indicate that I do not have and can’t perceive having monies for bail or find due to my limited retirement income. I have also asked, and asked again that the court fully explain:
My right to a speedy trial. After appearing on 10/16/07 and asking for trial by written declaration since September 18, 2007 when does my right to a speedy trial begin?
After asking that a Judge rather than a Commissioner hear my case, why am I now being asked to appear before this same Commissioner that I thought I had the right to dismiss for prejudice?
I am not guilty of the violation I have been charged, and I ask in the interest of justice that the charges be dismissed with an explanation of my rights to a speedy trial and the procedures to dismiss a Judge. In my opinion I believe these procedures should be spelled out clearly and concisely by the court and on the citations and notices to appear in court no matter the offense. These notices should be clearly spelled out whether it pertains to felonies, misdemeanors, traffic or infractions.
The hidden procedures and the lack of the court to explain the rights and procedures to a lay person as myself, makes it difficult to receive a fair hearing in this and other courts, especially minorities.
See: http://www.justiceforblacks.blogspot.com/

Due to the distance to the court, and the lack of transportation and funds, we asked that this case be heard by Letters of Declaration, a process that is available to Caucasians only apparently. The court in our case state that a $600 plus bond (fine) have to be posted in order to qualify for a Letter of Declaration appearance. This demand of posting a bond was demanded after I and my wife appeared in person on the date stated in the citation. After an appearance in court all Caucasians I have been in court with are not demanded to post bonds after such an appearance.
My question to the Judicial System is, How can an African American be awarded “DUE PROCESS” when the same procedures are not followed that are granted to others?
We ask and demand that these questions be answered in writing, and demand that the citation be dismissed or delayed until we can receive a reasonable answer.

COURTS and GOVERNMENT AGENCIES, are not concerned when AFRICAN AMERICANS are the VICTIMS.

This country’s HUMAN RIGHTS violation is worse than the Rights this administration is accusing CHINA and other countries of committing.

These conditions exist due to Federal and State agencies conspiring with companies in violating Civil Rights laws and regulations. It is very difficult for an agency such as the FBI to enforce regulations that they themselves do not believe in and seldom enforce, unless the injured party is a White female as practiced under the so-called “Affirmative Action” legislation put in place and implemented to dilute Civil Rights legislation in order that White Females and White Males would be the beneficiaries.
Courts, Government and Law Enforcement Agencies fail to act when African Americans are concerned? see: www.uaad.org , The Feds Regulate and Collaborate with Banks
http://www.unitedaffirmativeactiondevelopment.com/id41.html
UAAD VS CENTRAL REFRIGERATED SERVICE
http://www.unitedaffirmativeactiondevelopment.com/id42.html
CRS’s WRONGFUL TERMANITION of “BLACKS”
http://www.unitedaffirmativeactiondevelopment.com/id45.html
UTAH ATTORNEY GENERAL COMPLAINT

http://www.unitedaffirmativeactiondevelopment.com/id43.html
www.TRUCKERSCOMPLAINT.com / http://justiceforblacks.blogspot.com www.youtube.com/uaad23
Congress, the MEDIA nor Government Agencies are concerned when African Americans are the victims
DUE PROCESS for BLACKS, SAN DIEGO COURTS
see: http://uedcdwb.blogspot.com
Walter L. Ellis, CEO UAAD
uedcinc@aol.com

Tuesday, August 29, 2006

(article: The Black Voice News)
(Date: Thursday, January 15 @ 21:57:07)
(by Mary Shelton)

Racial Slurs Driving Man out of Home/Business

Timothy Williams is the only African-American who owns and operates a business in his neighborhood in Woodcrest. He believed that he was achieving his part of the American dream to work hard and be successful and to provide employment opportunities to others.
Now his dream has become a nightmare, because his White neighbors have launched a campaign to run him out with the assistance of one of Riverside County Supervisor Bob Buster's staff members and code enforcement, Williams alleges. Spray-painted racial slurs, death threats and even physical attacks against him have not weakened Williams' resolve but have taken their toll on him. Williams, who owns Secured Collateral Management, a car repossession business, said that his business has benefited the neighborhood's property values because he had invested over $100,000 into improving the property, including paving the driveway. Photographs which depict his neighborhood show numerous properties overrun by weeds and assorted debris. In contrast, his parcel is neatly kept, enclosed by a green fence. Walter Ellis, a former Riverside Police Department officer and a consultant with the company, stated in a letter that he almost did not invest in Williams' company because of the blighted condition of the property before its renovation. He stated that it was covered with abandoned vehicles, pipes and other assorted hazards, when it had been owned by a former county employee, but that neither the neighborhood nor the county had taken any action to deal with the blighted conditions for years, until Williams owned it. He stated that Williams provided necessary jobs for 35 employees, most of whom were Black or Hispanic and all of them worked very hard to make the business a success and he was proud of what had been accomplished. Williams said he had originally leased the property from a woman who had run a trucking business on the premises as it had been zoned for heavy commercial use. After he purchased it, county representatives including Buster's assistant Robert Calvia then tried to change the zoning classification to residential use only, and told Williams he did not have proper permits for his business. Although there were other businesses being run in the neighborhood including a nursery, Williams‚ was the only business targeted by the county, he said. And when he went to the planning division to apply for the permits they wanted, they denied his requests. Anomonyous phonecalls were made to the police claiming that some of the cars on his property had been stolen and officers from the Riverside County Sherif’s Department and Riverside Police Department came out to investigate but never found any stolen vehicles. Petitions were circulated in the neighborhood, he said, that were encouraged by at least one staff member from Buster's office. The campaign against Williams by his neighbors took a violent turn in a series of incidents which led Williams to file restraining orders against two of his neighbors.
Last May, Williams said, one of his female neighbors became upset with Williams after he was taking pictures of his property and others, as the county had recommended. According to Williams, the woman threatened him and said that he would not live to show his pictures to anyone. When the Riverside County Sheriff's Department was called, a deputy came out to take a report but refused to give Williams the report number. Williams said that this neighbor continued to harass him and his employees by calling them racial slurs and would repeatedly block the driveway of his business with her car. A male neighbor allegedly threatened Williams and when a sheriff deputy responded, the neighbor told the deputy that he was suffering from "flashes" and would not bother Williams again. However, he later attacked Williams on his property and when Williams tried to defend himself, he tried to stab Williams in the stomach with a knife. No criminal charges were filed in this case. Judge Charles D. Field, who heard both cases, sympathized with his neighbors, Williams said, and forced him to drop the restraining order. When Williams brought up his neighbors’ use of racial slurs and the physical assault, Field said that the neighbors weren’t being racist but were likely just upset that his business was noisy. Field, who has a reputation for pushing mediation in civil cases, kept asking Williams what was the issue. "This guy came onto the property and tried to stab me," Williams said, "What is there to mediate?" Ellis said in his statement that he had witnessed the deputy favoring the other side on at least one occasion when Williams had called for their assistance. When questions were asked to various county officials about the situation, they tossed the issue of Williams' and his company around like a hot potato. Calvia said that he worked as a legislative assistant for Buster and had little information on the situation. "I believe that there are some code enforcement issues with the property," he said, "I am not the right person to talk to about it." When asked if the racial attacks had any relationship with the problems with code enforcement, he repeated his statement that it was a code enforcement issue and he was not the right person to talk to. County Code Enforcement director Jim Miller said that the county handled many investigations and that it would take a while for his department to respond to inquiries about the Williams' property but he and the county's public relations officer, Ray Smith finally responded to questions. "We received a complaint. They're running a car repossession business on the property and they hadn't applied for the proper permit," Miller said. He denied that the county was trying to influence Williams' neighbors to complain against his business. "The county is not trying to get people to complain about the business. That's not accurate," Miller said, adding that code compliance’s purpose was to help business owners bring their property up to the proper code. He said that Williams had been denied a permit, but could not say why and that he was supposed to apply for a change of zoning but they had not heard back from him on it. When asked why the property's previous owner had been allowed to operate a trucking business, Miller said that the business may not have been operating legally. When asked why his neighbors were allowed to operate businesses including nurseries, Miller said that the zoning varies from parcel to parcel. "Any piece of property might have a different designation," he said, "You have to make sure that the use that you plan coincides with the zoning designation that exists on that property." When asked about concerns raised after Williams had experienced racist attacks from neighbors, Miller said that the county could not deal with that and said that the Riverside County Sheriff's Department should be notified. Ellis stated in a letter that what Williams‚ was experiencing was hardly unique and that other minority owned businesses have suffered discrimination in Riverside County. "The problems Mr. Williams is having as a minority business owner is magnified thousands of times in Riverside County alone. These problems which are simply due to the complexion of Mr. Williams' skin, have cost him mental and financial setbacks that are insurmountable," Ellis stated.
This article comes from The Black Voice News http://www.blackvoicenews.com/
The URL for this story is: http://www.blackvoicenews.com/modules.php?op=modload&name=News&file=article&sid=1611
Judge to determine future of auto repo yard WOODCREST:
A county lawsuit seeks to close the business, claiming it operates illegally.
10:00 PM PDT on Monday, August 28, 2006 By JOAN OSTERWALDER
The Press-Enterprise RIVERSIDE -
A judge said Monday that she will decide next week the future of an auto repo and storage yard in Woodcrest that authorities contend is operating illegally.
Riverside County Superior Court Commissioner Joan F. Burgess listened to testimony on Monday on whether to shut down Secured Collateral Management & Recovery.
Riverside County alleges in a civil lawsuit that the repo yard is operating illegally and it is seeking an injunction against the business.
The repo yard began operating in July 1997 by leasing the site on Iris Avenue that housed a backhoe-rental business. In 2002, Timothy James Williams bought the property with his wife.
The repo yard's attorney, Charles Schultz, claims the operation is permitted under the current zoning and doesn't need a plot plan because it was grandfathered in through the backhoe business and a previous repair shop.
He also alleges the repo yard's application for a plot plan was automatically approved after the county failed to timely process an appeal.
Williams testified that he doesn't have the money to relocate his business, which employs about 14 people. The county claims that since 1983, a zoning ordinance requires that any business, other than certain agricultural uses, must get a plot plan approved. Deputy County Counsel Patti Smith said the business can't be grandfathered in because there was no evidence that the backhoe business was permitted and the only permit issued at the site dates to 1969 and was for a repair shop.
Smith also said the county's delay in processing the appeal didn't result in the plot plan approval because Williams failed to give public notice.
"The county is not without heart," Smith said. "We are chagrined that there are employees that will lose their jobs." The county became aware of the repo yard in late 2002 after nearby residents complained about Williams' business. Williams, 34, said earlier that he was being discriminated against because the neighbors don't want a black-owned business, although that issue did not come up in court. He said there are other businesses in the area.
He said his gate and car have been spray-painted with racial slurs and his mailbox has been vandalized. He said he filed two restraining orders against his neighbors because he claimed they were harassing him, but a judge told him to try to get along with them.
Debbie Kruse, 47, who lives nearby, said race is not an issue. Kruse, who was not the subject of the restraining order request, said cars and trucks were coming and going night and day, annoying residents, making noise and polluting the area. Residents signed two petitions asking the county to shut down the business, she said.
"They would fly around this corner," Kruse said. "They had no respect for anybody living here." Williams applied for a plot plan when the site was designated light-industrial, Schultz said. While the application was pending, the county in October 2003 amended the general plan, which changed the property's designation to rural residential. Williams then applied for a general plan amendment.
Both applications were denied. The county filed suit in June.