For those of you that know me and those of you interested in knowing me, I have a few things to say.
I have never been one to pick a fight. In fact, those of you that do know me also know that I have always defended others against bullying and that this personality trait goes all the way back to my grade school years. When I went to my 15 or 20th HS reunion, although I had forgotten completely about it, the kids that I had defended most certainly had not and they greeted me first by saying thank you for what I had done so many years ago.
I never threw my weight around as a kid. My size was always enough to get the bullying kids attention and that was all I really did. Issuing a “hands off order” in a stern and sincere voice always did the trick.
When I was 15, I broke through an exterior door to find my dad beating up on my mother and I defended her. Perhaps this experience has lent me a perspective that most don’t have. While most experts would rationalize that spousal abuse might also be in my future, I absolutely detest and am sickened by the very notion.
While finding it completely against my very nature to pick on anyone or to bully my way through any situation, I also have never been able to stand by and watch anyone defenseless being treated poorly or bullied.
It is with these ideals that I have always had a great deal of respect for law enforcement officers. The people that have made the protection of others their primary occupation have always been considered noble in my mind.
Before 2010, I never would have thought that I would witness police officers taking advantage of someone or anyone that had called them for help. To me, this “concept” had not even ever been considered as a potential outcome in any interaction with any police.
Then on September 27, 2010, my wife and kids came home to discover that we had been illegally locked out of our home and knowing this to have been an illegal act we called the police while not knowing that the woman we had bought the house from was now one of them.
The “act” of the lockout was bullying and their was nothing legal about it and we knew that because we owned several properties that we had been renting to others over the past several years and had our own problems with tenants which made us very familiar with the laws governing that particular situation.
After calling 911 and waiting more than an hour and a half for police to arrive at a Mt. Pleasant address, the woman we had bought the house from was the first to arrive and a deputy arrived shortly after (within 5 min). This was more than curious to us at the time but at the time was dismissed it as coincidence in light of our primary issue which was that we had been unlawfully locked out of our home.
Then, with all parties present and the deputy understand the roles of everyone there (landlord and tenant) the deputy (the woman’s coworker) told my wife and I that we had to leave and that we would be leaving one way or the other. Our only options were to leave peacefully or we would be leaving by arrest for disturbing the peace and trespass.
It took more than a year after this incident to learn that the woman we had bought our home from was a co worker of the deputy that responded to our call for help. The significance is that the deputy was doing a favor for his coworker completely outside the law. In all landlord tenant disputes, the tenant always wins possession unless their is a court order to the contrary and in our case their was NOT. The meeting itself between ourselves, the seller and the police was on our property. We had been in lawful possession of the property for over 9 months up and to the point we had been illegally locked out by an employed member of the Isabella County Sheriff Department and then further kept out by force by the woman’s coworker, a deputy of the Isabella County Sheriff Department in spite of the laws defined in MCL 600.2918 that define the illegality commonly known as the “Anti Lockout Law”.
What should have happened after we called 911 for help is this. An officer should have been dispatched and should have arrived in less than half the time it actually took. The officer should have arrived alone and taken our statement/complaint and then gotten in touch with the person we had reason to suspect had illegally locked us out of our home and then should have demanded that that person, had they been the ones to lock us out, restore our access to our home immediately and issued them stern warning (at the very least) that what they had done was against the law and then provided us with a police report detailing the facts of the incident. Had this gone down like it should have, we would have discovered that the majority of the contents in our home had been stolen and the woman and her accomplices would have been arrested for criminal trespass, breaking and entering and grand larceny.
But this didn’t happen…
Instead the deputy enforced the unlawful lockout, transferring possession to his coworker and destroying our ability to immediately discover that our home had already been looted.
After working with the under-sheriff and his call to the PA we ultimately regained possession of the property only to discover that 95% of it’s contents had been stolen and called police again to report the burglary and then I was arrested on the criminal charge of “Misuse of 9-1-1” and booked into the county jail.
All in all, a shitty day. Not only had we unlawfully lost our home, we had lost the majority of it’s contents and I was forced to spend the night in jail on criminal charges.
In case you are wondering… When you are living in a home and all of your possession in that home are stolen, what reason would you have to stay there? Now with only about 5% of the contents remaining, we were locked out again two more times making it difficult to remove our remaining property. When I was arrested, I thought that I was going to be taken down some two track and executed. I was scared for my life. The arrest video and my ride to the gas station and then to the jail is on YouTube.
So why didn’t I get any help from our elected sheriff?
The initial crime had nothing to do with law enforcement’s execution of an unlawful eviction. The underlying crimes were first the looting of our home by several members of the Isabella County Sheriff Department when the woman offered to her coworkers the contents of our home for free provided they haul the stuff off claiming that we had abandoned both the home and the contents in the home. This made as many as eight members of the sheriff department guilty of stealing or receiving stolen property but this all happened without our knowledge because the majority of it happened on the 25th and 26th when we were out of town. The biggest crime was the conspired effort on the part of the woman and the deputy to come onto our property in disguise and deprive my family of rights secured by the constitution while under color of law and of office. Keep in mind that the woman and the deputy knew that we didn’t know that the woman and the deputy were coworkers and this disguise was maintained even after we filed a civil suit a year later. Although the woman showed up first in response to our 911 call for help, she showed up in civilian cloths and the woman and the deputy immediately claimed to not know one another outside an incident that had happened years in the past. This conspiracy and disguise is the exact definition explained in federal criminal code in Title 18 U.S.C. §§ 241 and 242.
For over a year, the elected Sheriff and the elected Prosecuting Attorney refused to help my family and address our allegations. In fact they all together refused to even talk with us completely.
Additionally, I was not arrested, I was kidnapped during the commission of federal crimes by a law enforcement officer actively and willfully participating in the commission of those crimes. My kidnapping increases the potential for punishment of those crimes defined in the federal statutes above to the possibility of being sentenced to death.
Additionally, the Title 18 claim carries with it the following dollar penalties:
Title 18 USC §§ 241, 242 LAND USE FEE IS $250,000 PER PERSON AND/OR $500,000 PER ORGINAZATION PER DAY OR ANY PART THEREOF AS VALUED BY 18 USC PART 11 CHAPTER 227, SUBCHAPTER C, 3571.
Ignoring our criminal complaint for a week (7 days) immediately increased our damages to over 4.5 million dollars according to this federal statute.
Today marks the 977th day from the date of the incident on September 27, 2010. At $500,000 per day this is now equal to $488,500,000 dollars. Plus, of course all actual damages trebled (or times three). Michigan also recognizes emotional distress as actual damages that are subject to the automatic treble clause.
What motivation do my elected officials have to help my family when their reward is jail or execution and 1/2 billion dollars in damages?
Now the State of Michigan has involved itself by refusing and denying our ability to seek Redress. Another violation of our rights secured by the constitution that multiplies the figures above by a factor of 2 according to the federal statutes quoted above making our combined claim’s value in excess of One Billion Dollars ($1,000,000,000.00).
Several other multiplying factors also exist such as the separation of the different county entities involved. Since is was the requirement of the state that we attempt to seek redress from the sheriff department itself first and then the county prosecutors office as if they were in fact distinctly different agencies, this too should be a multiplication factor and the same is true with the Isabella County Trial Court that simply dismissed our claim all together.
Now factor in the destruction of several of our businesses that were operated out of the home that we lost… VizBuilt, Inc., TK Homes, LLC, Step-In-Time Childrens Resale and Vizmow, a landscape off shoot of VizBuilt, Inc. Every business suffered differently but all suffered extinction. VizBuilt had to immediately liquidate it’s assets so that we could continue to put food on the table. TK Homes was a holding company that owned and managed several properties, many owned free and clear, in Kent County and two in the Vassar, Saginaw area (collective value nearly $600,000.00) that were all lost to the bank. Everything that had once been financed was lost back to the lenders in repossessions such as our cars and trucks (Honda Pilot, 3/4 ton Chevy crew cab 4×4 turbo diesel, 1/2 ton Chevy crew cab 4×4 gas, Ford Winstar etc… Vehicles not financed were sold at significant losses, simply to put food on the table. Boats and construction trailers owned free and clear, liquidated for pennies on the dollar.
Four distinct corporations with assets over $600,000 and four distinct People destroyed by the illegal acts of the Isabella County government and the conspiracy to cover it all up and forcing us into destitution so that we would not be able to fight back.
The intent of government to continue the disguise of Shelly Sweet is easily shown in the original suit filed in in September 2011. As all of the county entities, it’s employed and elected officials were represented, Shelly Sweet was not included in that representation and was left to defend herself to maintain the original disguise.
I am not mad and I am not angry, I am however bound and fully committed to making sure that the problems that created this situation are FULLY addressed and that they are never again allowed to happen to anyone else in Michigan and in this country.
If our local and state government’s complete failure to respond in any way or making any statement contrary to our claims publicly other than lying initially and telling the press that we had been evicted without any substantiating proof for over 2 years and nine months isn’t a full and complete admission of guilt, I can’t imagine what is.
Pretending our claims and allegations to be invalid while offering nothing in the form of justification is the active and willful participation in the same.
People that have actively participated are:
Shelly Sweet (Isabella County Employee)
Robert Wheeler (Shelly Sweet’s Boyfriend)
Elected Isabella County Sheriff Leo Mioduszewski
Elected Isabella County Prosecuting Attorney Larry Burdick (out-going)
Elected Isabella County Prosecuting Attorney Risa Sculley (in-coming)
Isabella County Sheriff Deputy Clinton Steinert
Isabella County Under-sheriff John Tellis
Realtor Larry Bean
Isabella County Chief Judge Chamberlain
Isabella County Judge Rush
Isabella County Judge (that heard the PPO hearing with Clinton Steinert)
Mt. Pleasant Lawyer Bruce Havens
Michigan State Representative Kevin Cotter
Michigan Governor Rick Snyder
Michigan State Police Post District Commander (Gary Nik)
Michigan State Police Post Commander (Mt. Pleasant)
Michigan State Police Commander (State – Kristy Etu)
State Senator Mike Green