Friday, March 21, 2008

I fought the law and..... I hope I win.

Alrighty!! It's been an interesting week here. That is the understatement of the century.

Stella and I went to Northern Virginia last weekend for a "Girls Weekend" with Toby's sister Kim, her daughter, Kendall....we went up to visit Zana, Toby's Mom. We had such a great time. My next post will include pictures and videos of the girls. They are only 10 months apart and are best buddies and SO enjoy each other. We shopped Saturday at the Leesburg Outlets and I stocked up on 2T Carter's pajamas (my favorite!) for the summer. I also got myself a few spring/summer things at the Lane Bryant Outlet. It was a fun, successful trip.

So on Sunday, we were getting in the car to come home and I called Toby to tell him so...and he had some major news for me. Instead of telling you the entire story, I am just going to post the LETTER I wrote to the CHIEF OF POLICE this week. We are now involved in a full-fledge investigation of a certain Police Officer. (Oh, and just a side note, the "Officer S*******" actually stands for his name. But it could stand of Officer Shithead, if you so choose.)

Sit back, relax, grab a snack, and catch up on our recent event:

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Good Afternoon, Chief S******.

Thank you in advance for you attention in this matter. My husband and I strongly believe that his rights were violated this past weekend by one of your H****** County Officers. If I felt that Toby was in the wrong in any way possible, I would not be contacting you whatsoever. Infact, he might still be in jail because I would not bail him out! However, this situation is cause for concern to us - as well as cause for concern for our neighbors on L******** Avenue.

On Saturday, March 15 at approximately 8pm, four of our friends arrived at our house, 1234 L******** Avenue. I was out of town with our 19 month old daughter and Toby wanted to have the "boys" over to play pool and have some beers in the garage. One gentleman brought his girlfriend, who was his DD for the night. The other 2 gentlemen planned to spend the night so they did not have to drive home after drinking beer. Our garage is detached and is located at the back of our property and this is where the pool table is located.

At approximately 9pm, the girlfriend noticed a police car in our driveway and a spotlight was coming from the car into the garage. Toby looked out the window and instantly thought that maybe the radio was too loud. (May I also note that my parents live next door at 1234 L******** Avenue. They were home all evening, watching TV in their living room which is on the side of their house closest to our back yard. They did not hear a thing this entire night - so a noice complaint is highly unlikely.) Regardless, Toby stepped out of the garage and walked the length of our yard towards the police car - he wanted to ask what was wrong and if there was something he could do. As he was walking, the spotlight from the car was in his eyes so he had his hands up to shield the light, and actually tripped over some window weights that were stacked next to the fence. He said "Would you mind dropping the light? I can't see." When he straighted up, Officer JR S******* was out of the car, had called for backup on his radio, and had his weapon out. Toby even remarked at the gun "What is that? What's going on?" Officer S******* then told him to get up against the car, he forcefully used his feet to try to spread Toby's legs to pat him down and asked if he had any weapons or drugs on him. Toby said all that he had was a can of Kodiak (dip) in this pocket. Officer S******* took the can out and threw it across the yard. He then asked Toby if he had been drinking. Toby answered "Yes, in my garage with my buddies. We're playing pool." Officer S******* then said "How many beers have you had?" to which Toby answered "4 or 5?" Officer S******* then said "That's an admission of guilt. You are under arrest." and then cuffed my husband and put him in the back of the car. Toby said "I'm in my own garage!" Officer S******* told him "Well, you should not have left the garage." Please tell me WHO would not go outside to inquire when a police car is sitting in his driveway and is shining a spotlight into his dwelling? By now, three additional police cars have shown up for "back-up."

At this point, our dogs had roamed to the front yard. They stick by Toby's side when he is in the yard - normally they are in a fence. Officer S******* would not let Toby take the dogs back to their fenced in area in the back of our property. He said "Someone get this dog out of here or I'll put it down or call Animal Control." Our friend grabbed the dogs and took them to the back of the yard to fence them in. He also locked our house up for us, since Toby was not allowed to do that either.

As Toby was sitting in the car, Officer S******* then asked whose cars were parked on the street in front of our neighbor's house. This is apparently the reason he was there in the first place. That house, 1234 L******** Avenue, is a run-down, nearly abandoned rental property owned by Joe Hayes. We believe this property is on a "routine patrol" route for officers because of vandalism in the past. We have been questioned several times by incredibly nice and helpful officers, Officer R*** is one I remember being especially nice. We have never heard a thing when this so-called "vandalism" happened in past. Infact, I would not know the difference between new vandalism and the windows that have been broken since I moved in nearly 1.5 years ago. Toby did not feel it was a big deal for our friends to park their car in front of this abandoned house since our driveway was full. One of our neighbors had a party a few weekends ago and there were cars up and down L******** in front of EVERYONE'S yards. I didn't see anyone being questioned or arrested.

While in the back of the car, Toby overheard Officer S******* telling one of the back-up officers that Toby had approached his car "in a threatening manner." Toby said from the back "I can hear you. You are lying." Officer S******* then drove him to H****** County Jail and on the ride continued to taunt Toby with comments such as "I get to go home to my wife tonight. Where are you going? Oh, I KNOW where you are going." He contined to ask Toby questions like "How old are you?" and "Are you from around here?" to which Toby replied "I am not talking to you. You do not make any sense."

My husband then spent the night in jail with very intoxicated men who were vomiting everywhere and spooning each other on the bed. Our friends called all night long to get an answer as to when he would be released so they could pick him up. They were told several different times. When they called the last time, they were told he was gone. No one ever informed Toby that someone was trying to pick him up OR offer Toby his one phone call. He then walked 3 miles home.

My husband is ashamed and embarassed. His in-laws live next door. We have older neighbors who we respect very much. He is devestated at the thought of them seeing him cuffed and arrested in our front yard. My husband also has a criminal record from years previous - before we met and married. He did his time and paid his dues and has turned his life around 100%. We are both professional, contributing members of society. We have a house, cars, and we pay our bills. We have a family and we mind our own business. This incident has brought up all of the memories of his painful past and have him apprehensive to even leave his house for fear of getting into trouble. This sickens me.

I have met with a lawyer acquaintance on this situation. I understand that this arrest was a "legal arrest" as he was outside of the house (public) and admitted to having some beers (drunk.) We do not have the money to hire a pit-bull attorney to go to the court date to try to get this dismissed when there is a chance that a judge would deem it legal. We will pay the $101.00 fine. That is not our issue.

Was this an ethical arrest and was Toby treated with integrity? No. Is this charge on Toby's reformed record deserved? No. Why was this officer (and 3 additional officers) spending time in my front yard arresting my husband who had 4 beers in his garage, when there are actual DRUNK DRIVERS out on the road? My husband and his friends were drinking responsibly. Instead of being ARRESTED, I feel my husband should be AWARDED for his smart decision to not endanger his life and the lives of others. Instead, he was punished, embarassed, ashamed, abused, and humiliated.

I will be honest and tell you that my husband has major anxiety about launching an investigation regarding Officer S*******. While he knows he was wronged, he is afraid of retaliation. He is afraid this will blow up and we will be targeted, which is no way to live. It would be much easier to just pay the fine and let it go. So, I ask for your support in making sure that we are not "punished" for sharing our story with you.

Thank you for taking the time to investigate this matter. PLEASE contact me if you have any questions.

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How's that for an eventful week?

I'll keep you posted on the outcome of this.... and maybe you could say some prayers for us (especially Toby) as well.

6 comments:

Anonymous said...

Oh my god!!! What a bunch of baloney! Definitely keep us updated!

Melanie said...

Holy Cow! That is awful and down right scary! I'm sorry that all this happened to Toby - and good thing he's got a great wife to back him up. Keep me posted!

Anonymous said...

How awful! I'm sorry Toby had to go through that.

I hope that somebody with some sense reads your letter and gets back to you.

MBKimmy said...

Girl you are all in my prayers ... I too was once a "bad" girl and I can so see how this frightens Toby! I will be thinking of him and praying for the best!

Mary Lee said...

That is just CRAP, and I want to kick that officer right in the NUTS.

Argh. I am so angry for you guys. Please do keep us updated and let Toby know we are thinking of him. ARGH!!

Anonymous said...

Way to Go! Police officer on a power trip. Good job in writing the letter. Keep us posted on what's going on. Thinking of you!!

Amy