Oklahoma War Dance

Col. Breshears

Antlers, Oklahoma – When Col. Floyd Breshears of the Oklahoma III%ers scheduled a sit-down with the Imam of Oklahoma City at the State Capitol on Friday, Feb. 27, 2015, militia commanders nationwide warned him. Beware the FBI. And then the phone call came. Agents requested an appointment on a day of his choosing. He chose the 26th.

Breshears opposed opening the Mexican border to immigration in the spring and summer of 2014. He and approximately 200 men and women with military combat skills oppose amnesty for illegal aliens. Most of all, they oppose an imposition of Islamic Sharia law on the citizens of Oklahoma – a thorny issue the federal appeals courts rejected after it passed by 70 percent as a ballot initiative in November, 2010.

He gathered his officers, their wives and children at his place in the country this past Saturday for a pow-wow. The consciousness raising was intense. A brief video presentation might help make clear his views and the response of his followers:

http://youtu.be/sSgVs8RjkoA

OK Friday in the souk

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The Imam Imad Enchassi

Oklahoma City – Christian and Islamic cultures are likely to clash in the land of the red man.

Meet Dr. Imam Imad Enchassi of the Islamic Society of Greater Oklahoma City. He will co-host Islamic Day at the State Capitol February 27 along with two Democratic Representatives from districts within the city’s boundaries.

The event is sponsored by the Council on American Islamic Relations (CAIR), a controversial group that usually stages rallies and protest marches on Fridays, the sabbath eve of the Islamic week and the day for sermons and ceremonies in the public shopping districts of cities throughout the world.

CAIR is closely identified by some security analysts such as correspondents of the Council on Foreign Relations as having close ties to the Muslim Brotherhood and Hamas.

In federal court papers now sealed, the government revealed In 2007 that CAIR was named, along with 245 others, by prosecutors in a list of unindicted co-conspirators and/or joint venturers in a Hamas funding case involving the Holy Land Foundation. 

Oklahoma three-percenter militia members, 2 Million Bikers, and other activists intend to rally at a 2 p.m. prayer service presided over by the Imam in the rotunda of the capitol building that day.

Three-percenter Commander, Col. Floyd Breshears insists the men and women of his state-wide movement will come in peace, invited by the Imam to listen and learn as the lawmakers explain the American system of lawmaking and its constitutional underpinnings based on an absence of ecclesiastic legal authority, and under the authority of the First Amendment, an unlimited amount of religious freedom for all.

In 2010, Oklahoma voters approved by 70 percent a measure to allow the Sharia courts that was first blocked by a district judge’s preliminary injunction, then ruled unconstitutional by a federal appeals court at Denver because it singled out one particular religion.

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Key section of a 2010 constitutional ballot question

Suhaib Webb, a former Imam at the Oklahoma City mosque, formally apologized for the actions of Alton Nolen, an ex-convict who served time for an attack on a female Oklahoma State Trooper. A convert to Islam, he beheaded one woman and stabbed another at Vaughn Foods in suburban Moore when company fired him for proselytizing the Muslim faith. The company’s chief executive officer stopped his murderous attack when he shot him. He now faces first degree murder charges.

There have been more than 23,000 Islamic attacks since 9/11 in the name of Allah and the Prophet Muhammed.

Floyd

Col. Floyd Breshears, commander of Oklahoma Three Percenters

‘People v. 2011 BMW 535-I’

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McLennan County Sheriff Parnell McNamara

Story by The Legendary Jim Parks, Reporting by R.S. Gates

Waco, Texas – When emergency medical technicians responded to a fashionable Bosqueville address only a few doors from the Sheriff’s ancestral home, they found a) a woman dead from a drug overdose in the bathtub, b) a full syringe next to an empty one on the bathroom vanity, c) an emaciated addict playing his guitar in the living room of the sprawling Austin stone mansion,  and d) a late-model imported luxury car parked on the premises valued at about $60,000 new.

When they returned three days later to serve a warrant of search and arrest, they found a Professional Ordnance 223 cal.  AR-15 rifle in the trunk of the car, the magazine loaded with cartridges.

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The eyes of David Sirbasku

A magistrate charged David Sirbasku with possession of a controlled substance. A Grand Jury later indicted him for the offense and alleged in a second count that he “did there and then intentionally and knowingly take a controlled substance into the McLennan County Jail.” Arrest records show that Sirbasku, who is well over six feet tall, weighed 160 pounds when booked into jail.

Cause No. 2013-344-3 is only unusual because most people are unaware of, or unfamiliar with a provision of the Texas Code of Criminal Procedure which allows prosecutors to litigate cases styled in the name of the People of the State of Texas v.  a specified amount of cash, a piece of property personal or real, a motor vehicle, jewelry, loose diamonds, jewels, or pearls, and then seize it as contraband pending a case for asset forfeiture ancillary to a criminal offense.

It happens every day, a completely ordinary occurrence.

Federal agents stationed at international airports often rely on scanners that are able to detect the amount of cash in a person’s pockets or purse with near exactitude. Dogs are trained to detect the odor of drugs on cash.

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State of Texas v. 2011 BMW 535-I

Filed in 74th District Court as a civil case, the petition alleges that Sirbasku used the car to deliver methamphetamine and heroin to customers as a criminal enterprise. When officers quizzed him, he admitted that he sometimes allowed visitors to drive the car to the dope house to pick up more drugs, according to the information filed in the magistrate’s court.

There is no official mention of what the intended use of the .223 carbine may have been.

The criminal case has been pending at this writing for more than 500 days. A jury trial is scheduled for later in the spring following multiple continuance motions granted by the judge in Criminal District Court. The Civil District Judge has issued a final order in the forfeiture case not against Sirbasku, but against his vehicle – the 2011 BMW. Sirbasku filed an answer to the suit, but did not replevy the seizure by posting a bond; when he did not appear on the date of the hearing, the judge issued a default judgment.

Nowhere in the official record is there any documentation of an inventory of the vehicle thus seized.

There is a report of eight firearms taken out of the Sheriff’s Office evidence locker; on July 1, 2014, Deputy Michael Gates alleges the rifle is “evidence,” that it was taken from the trunk of the beamer.

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Click image for a list of seized firearms recently taken out of evidence storage at its original size

The report, which was generated on January 6, 2015, says that there are also two .22 cal. revolvers; a .22 cal. Beretta semiautomatic pistol; the .223 carbine seized from Sirbasku; a Remington Model 870 shotgun; a Glock Model 22 .40 cal. semiautomatic pistol; a Ruger .357 revolver; and a Sig Sauer P239 semiautomatic .357 cal. pistol, all of which the Sheriff’s men have similarly disposed, for one reason or the other.

Reached for comment, Sheriff McNamara said he is unaware of the matter. He said that weapons are taken out of the evidence vault, sometimes reconditioned or updated by the manufacturer, and issued to officers for their use on the job. What is there to talk about, he implied in an extensive audio interview he encouraged The Legendary not to publish. “It’s not newsworthy,” he said. Besides, it badly affects the morale of officers who are putting bad actors behind bars, risking their lives doing the job.

A check of the seizure statute, Art. 59.02(d) of the Texas Code of Criminal Procedure states, “…the owner or interest holder’s rights remain in effect during the pendency of proceedings under this chapter as if possession of the property had remained with the owner or interest holder.”

The criminal case against David Sirbasku, who on a day in 2013 allowed a homeless woman who visited him at his home to bathe in his tub after injecting herself with a lethal dose of drugs, is still pending.

To read a post filed on January 16, 2013 regarding the arrest of Sirbasku at his home, follow this link:

http://downdirtyword.blogspot.com/2013/01/there-is-in-mclennan-county-texas.html

Loss of temper leads to death of two-year-old

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495 Monthie, Waco, Texas

 The modular home situated in a grove of trees across the road from a pasture that skirts the first hole at the Connelly Air Force Base Golf Course is trim and neat, the yard well-kept.

But on the evening of February 4, 2015, the residence turned into a chamber of horrors as a 21-year-old mother knocked her two-year-old daughter to the floor “approximately 20 times, causing her to hit her head,” according to an officer’s affidavit of probable cause.

Emily Hudson, an unemployed child care worker who carries 225 pounds on her five-foot, two-inch frame, admitted the repeated attacks on her daughter to Brad Bond, an investigator at the McLennan County Sheriff’s Office.  “She told me that she stopped pushing her when she stopped breathing, ” he reported to Jail Magistrate Virgil Bain.

When paramedics arrived, little Aimee was unresponsive and showed signs of injuries to her face and bruises on her head and body. Though they rushed her to the hospital, medical authorities were unable to revive the child, and she expired. Doctors noted skull fracture as a contributing cause of death.

Mrs. Hudson also admitted punching and slapping the child several times during her short life and “offered the explanation of losing her temper as the reason,” according to Detective Bond.

Judge Bain set bond at $250,000, charging her with the first class felony of  “injury to a child causing death.” The offense carries a punishment range of not less than five years in prison, life imprisonment, or not more than 99 years confinement, as well as a $10,000 fine.

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Ignoring the Constitution

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Waco, Texas – Constitutional officers of the County of McLennan made a cut and dried decision to contravene and abrogate the Constitution of the State of Texas last week by funding an appointive position with line item funds designated to pay the salary of an elected official.

A $55,000 per year contractual slot of criminal justice analyst created out of whole cloth for former Justice of the Peace Kristi DeCluitt, to be funded by money budgeted to paying the salary of an elected official, is now a legal reality, thanks to a timely transfer of emergency funds to make up the difference in what was left over from the judge’s salary fund.

That is a direct abrogation of the concept of Article 5, Section 18(c) of the Constitution of Texas. While neoconservative thinking denies that any one person has a right to an elected office, the Constitution enacted and ratified following Reconstruction holds that a public office belongs to We the People of the State of Texas, and not to elected officials who may from time to time pull a lever or push a button to redistrict or gerrymander elected officials out of the office to which they were elected.

It’s become a fiscal pattern that has led to a shortfall in income and expenditure, one that has twice forced a tax increase to the “roll back” rate, the maximum amount possible without causing a need for a public referendum.

It’s what passes for the kind of hardheaded fiscal responsibility espoused by the GOP, the Tea Party, and the neoconservative, madding crowd in American politics.

And only one person stood up and challenged authority, called them out on their baloney. In a clear and compelling argument, the Judge of the Precinct 6 Justice Court elected to office in the year 2006 to serve a term from 2007 to 2010, spoke up.

Randall Scott Gates, self-appointed “minister of irritance,” a man expelled from the McLennan County Tea Party by its executive committee, faced in 2006 the same dilemma as Judge DeCluitt when he won the Republican primary by four votes, Precinct 6 was eliminated by redistricting and reduction of the eight existing precincts to seven, and no Democratic opposition stood in the General election.

The only difference is that there was no offer of a salary for the period of the elected office – 2007-2010 – left to run. That money, $24,000, was spent on the appointive position of Jail Magistrate newly created for Gates’ defeated opponent, the incumbent, Raymond Britton. He held that appointed office for four years, until incoming Criminal District Attorney Abel Reyna pointed out early in 2011 that as the holder of three municipal judgeships at Moody, Riesel, and Bruceville-Eddy, he was in violation of a law that dictates only one emolument for any state public office by any given office holder.

Such a deal.

One may listen to an audio report of Judge Gates’ remarks here:

One may read a previous account of County Judge Scott Felton’s explanation given in 2013 of just how these transactions are accomplished and their ultimate implications:

http://downdirtyword.blogspot.com/2013/08/county-officials-aw-shucks-their-way.html

 

Because we let them…

 

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Click image for original size

By Randall Scott Gates, Minister of Irritance

A review of the agenda for Commissioners’ Court today, revealed a curious budget amendment. First thing noted was the paperwork was devoid of any signatures. Under the former County Judge, the signature indicated the proposal had at least gotten the once over from the County Auditor and someone who took responsibility for the proposal. Unfortunately, under County Judge Scott Felton, a new level of obscurity has been added, so now the absence of signatures is pretty commonplace.

The amendment proposes to take funds allocated for the salary of an elected official and re-allocate said funds to a “new” position. It also proposes to add some money from the emergency fund.

Salaries of elected officials are a little different. At budget time, there has to be a special and separate vote setting the salaries. If some portion of their compensation increases, they also have to run a notice in the newspaper.

So, what do you say? These salaries are special for the reason that statutory requirments prevent the court from blackmailing an elected official by messing with their money. This is not completely dissimilar to the way our former governor is jammed up right now, answering a felony indictment. Also, by eliminating the funds for the elected official, they are eliminating an elected constitutional office, which is prohibited by Article 5 Sec. 18C of the Texas Constitution. Before the voters amended the Constitution, the Commissioners’ Court could eliminate Justices of the Peace and Constables on a whim. The voters went to the polls and took that authority away from the Court when they voted in favor of amending the Texas Constitution.

The Texas Attorney General has ruled the Court has almost limitless authority to modify the budget. They can move money from the fuel budget to pay for a weekend getaway at a resort hotel. The reasoning is, as long as there is a record of a budgetary amendment, the voters can pass judgment on the action of the court. It is almost limitless because there is a limitation on reserve funds. The theory is these funds were represented to have been taken from the taxpayers under the premise of an emergency fund. The AG held that an emergency has to be declared in order to use “unencumbered” funds. No emergency has been declared, but the suspicion is they screwed up when they did the redistricting, Judge Kristi DeCluitt knew it, and blackmailed the Court with the threat of a lawsuit that would expose the screw-up.

Sec. 42.033. EFFECTIVE DATE OF BOUNDARY CHANGE. (a) A change in a county election precinct boundary takes effect on the first day of the first even-numbered voting year following the voting year in which the change is ordered.

You see, the first day of the first even numbered voting year would be 1/1/16. None of the turmoil was necessary. The law is very plain and not hard to understand. See, they were prevented by law from doing what they did. They all know it but decided the voters/taxpayers are so thoroughly indifferent no one would challenge them. Three people were directly affected. Constable Danny Tate who is now the park supervisor, Justice of the Peace Belinda Summers who is now the administrative assistant to Commissioner Gibson and Justice of the Peace Kristie DeCluitt who is now the new Criminal Justice Analyst. The kicker? None of the three positions were funded in the budget.  Imagine that.

Lack of transparency  is a huge political advantage. Jonathan Gruber

Your elected officials appreciate your indifference and inattention. Minister of Irritance

“We the people…”

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Waco cops roust marijuana smokers in drunken party involving McLennan Deputies (click on image for full size) 

Waco – A clear pattern of abuse and intimidation emerges as one reads the records of investigations leaked to The Legendary by an unknown informant in the Sheriff’s Office. These records have been confirmed by public information released by open records requests.

Cpl. Kim King had no idea what her boss was talking about. She just knew he was very, very angry, according to a statement given on February 19, 2014. The day was September 5, 2013.

Lt. Chris Eubank thrust himself into her office in the personnel and training department of McLennan County Sheriff’s Office headquarters. He “threw a copy of the…Organizational Chart on my desk and asked me who my direct Supervisor was…

I told him it was him. He said ‘That’s right’ and I need to know everything that goes on in this office. He said he was tired of hearing from other people about things going on in this office (Training and Personnel). I told him I didn’t know what he was talking about and he said the Chief Deputy (Matt Cawthon) came up to him and asked him what he thought about the results of the Jail Sergeant interviews…

Eubank said he looked like a fool because he didn’t know who was promoted to Jail Sergeant.”

She explained that Jail Division Captain John Kolinek told her to inform the Chief Deputy, “so that’s what I did. Eubank said he didn’t care what department the promotion was for, that I was to always inform him first. He told me I was to always utilize my chain of command and that I had no excuse because he had just given me a copy of the organizational chart.”

Thus chastened, she recalled, “I told him I understood and from that point forward I would always notify him and I did.” Not long after, she took advantage of an opportunity to make a lateral transfer to the Jail Division to take a job as an investigator there, reporting to Captain Kolinek. From the looks of her Facebook page, Cpl. King is the proud mother of a couple of boys. She learned her profession as a Peace Officer at McLennan County Community College after serving her country in the Armed Forces.

It wasn’t the first time she had been whipsawed from pillar to post in her duties. According to a lengthy statement given by Captain Shawn Lippe on February 17, 2014, she and Cpl. Matt Cunningham had an item to discuss with him regarding a background investigation on Cody Myers, who had applied for a reserve deputy position.

Lippe found it odd to learn that Deputy Ken Witt had disqualified the applicant based on his findings at McGregor Police Department. “I found this to be very odd due to the fact that Ken had called me on my cell phone approximately 3 weeks prior and stated that he just left the McGregor Police Department and everything looked fine.”

Intrigued, he paid a visit to the Personnel and Training Department. “Visibly upset,” Cpl. King “made the statement that I had no idea what goes on down there and what all they have to put up with, with Lt. Chris Eubank…” According to their conversation, Lippe learned that “it seemed like Ken only did the backgrounds on the people that Chris (Eubank) wanted to get hired.”

Lippe believed her because Sgt. Ben Toombs had earlier “stated to me personally that Ken personally told him that he (Ken) is doing the backgrounds on people that the administration wanted to be pushed through or on people that needed to be ‘hacked’ because the administration knew he would sign off on it. Ben requested that this information be kept confidential if possible due to fear of retaliation.” There is some evidence of a quid pro quo arrangement because an applicant with previous experience at the Hewitt Police Department named Danny Powell was not hired to work at the jail. Ken Witt had been slated to handle that investigation, as well, and statements show there was confusion as to whether Cpl. King or Deputy Witt should handle the inquiry.

Cpl. King said it all started when a personnel evaluation on a rookie patrolman named Cody Blossman was changed. “At one point Chris (Eubank) came to Personnel and began screaming at her, stating that if he wanted to change Cody’s evaluation he can. Chris accused her of spreading rumors that got back to the civil attorney…”

A public information response shows that Blossman’s evaluation after 6 months on the job showed a mediocre rating of 5.6 out of a possible 10 points, nothing unusual for a new hire still learning the tricks of the trade. When the documentation was changed over Eubank’s signature, he had received a glowing 7.75 points, complete with hyperbolic and superlative descriptive comments.

Corporal Ben Burch recalled in a statement given on February 27, 2014, that on a day off, he got a call from Eubank regarding a conversation he had with another officer about Blossman’s evaluation being changed. “Another deputy had been questioned by the county attorney about the employee evaluations being changed by upper management. Lt. Eubank informed me that he thought I was ‘stirring up shit’ and that he “thought I was leaking information to the other side of the lawsuit.”

Burch referred to a federal civil suit in which nine deputies sought money damages after being dismissed or demoted by the new Sheriff, Parnell McNamara. Mike Dixon, a private attorney retained by the Commissioners’ Court advised settlement of the dispute when he learned of the entanglements of then Lt. Eubank with employees over the evaluations and TCOLE records of present and former employees. The suit was reportedly settled by an attorney retained by an errors and omissions insurance carrier, with McLennan County admitting no wrongdoing for a gross sum of $2 million, $375,000 of which was paid as a deductible from a “contingency” account of the General Fund.

Corporal Burch denied leaking any information. “Either you or Lionel are lying and the Sheriff and the Chief Deputy are pissed,” Eubank told him. “…I will find out which one of you is lying and recommend termination for whichever one of you is lying.”

“I was uncomfortable with this conversation and feared reprimand or loss of my job in spite of having been truthful with Lt. Eubank,” said Burch. “…I was asked by my superior officer to document this incident.”

The smoking gun appeared when Captain Kolinek ordered the termination of Spencer Rowell, a Jail Deputy who became involved in a drunken dispute with a trio of marijuana smokers in the parking lot of a student apartment complex near Baylor University following a beer bust in a fellow employee’s apartment. That is consistent with the original reprimand removed from the personnel file, telling how, in an intoxicated condition, he showed his badge and threatened to take legal action. Statements on Waco Police Department DASHCAM recordings, received in a public information response, support the finding.

When Cpl. King received the resulting paperwork from his supervisor, Capt. John Kolinek, she automatically submitted an electronic copy of an “F-5” General Discharge report to the state licensing board, the Texas Commission on Law Enforcement. Eubank later told her that “per the Sheriff,” she should change the document and destroy the original. She couldn’t bring herself to do that, knowing it is a criminal offense to do so. She left the paperwork with him after making a backup copy. Eubank later asserted in a notarized statement that he shredded the document. Former Chief Deputy Matt Cawthon recalls that he had agreed to allow the deputy to resign rather than be terminated, but “I didn’t agree to have his F-5 destroyed.”

In a lengthy interview process, we learned that though the elected official at a law enforcement agency may wish to change the F-5 statement of “discharge of a licensee,” the original is a permanent record and must not by law be destroyed. According to a highly placed source, “Any person who is under investigation or has been let go over alleged misconduct cannot be discharged in other than a General Discharge.”

In a statement, John Beauchamp, the general counsel of the Texas Commission on Law Enforcement (TCOLE), the state peace officer licensing authority, wrote, “Primarily, the F-5 reports exist to protect the public from gypsy cops with disreputable employment histories, and as such are used by potential employing agencies to determine a law enforcement applicant’s fitness for employment. To illustrate the seriousness of an F-5 report, a TCOLE license is automatically suspended and subject to revocation after the holder receives a second dishonorable discharge.”

A number of statements given by colleagues say that they were told “per the Sheriff” or “per the Chief” (deputy) that they should take some action to reverse a previous decision. Reached for comment, Matt Cawthon says he can recall giving no such instructions.

In an exclusive interview given previously, Eubank confidentially pointed to his patrol vehicle, a white Ford SUV with more than 200,000 miles on its odometer, and said “I’m the only Sergeant driving one of these. The others drive the new black Chevrolet Tahoes, the ones that say ‘Your safety comes first’ in gold lettering…That’s because of Matt Cawthon.”

He now works deep nights, from dusk to dawn and every other weekend, supervising a shift of between five and eight deputies on patrol duties throughout McLennan County’s sprawling rural territory.
To read previous reports from these columns, follow these links:

http://radiolegendary.com/2015/01/sheriffs-office-mole-leaks-more-records/

http://radiolegendary.com/2015/01/local-deputy-sued-in-fed-court-for-excessive-force/

http://radiolegendary.com/2015/01/deep-nights-reflection/

http://radiolegendary.com/2015/01/bad-scene-at-building-10/

http://radiolegendary.com/2015/01/the-seven-eighths-you-know-its-there/

http://radiolegendary.com/2015/01/sheriff-demurs-in-records-request/

http://radiolegendary.com/2014/12/the-converse-of-not-prostituting-the-system/

http://radiolegendary.com/2014/12/records-support-finding-k9-officer-abused-dog/

http://radiolegendary.com/2014/12/ranger-levels-claim-of-tortious-interference/

http://radiolegendary.com/2014/12/top-cops-oppose-media-job-for-ex-chief-deputy/