,

Impersonating a Police Officer 2nd degree, & 2x Harassment

Why would a PINKERTON impersonate a police officer? Officer Gilbert Asuncion has acted with malice and nonfeasance's, he purposely failed to investigate and had a fellow officer arrest me based on his opinion.  The evidence on this site proves this and more.  SEE FAILED TO RENDER AID

October 23, 2005 12:00pm
I got into my truck, rolled down the windows as it had been sitting since the night before and was hot inside. Drove down the street to circulate the oil in the engine and returned back onto Olona St where I live and was now going to clean out my truck and have it washed.

The alleged victims are from Sacramento, When they left the island, Officer Asuncion assumes the role of the alleged victim witness.  This is proven when he has me arrested Dec 14, 2005, at 02:30 and charged with intimidating a witness.

Heading home down Olona ST, my house is the fifth house in and the last before the Cul-de-sac.  I had the windows down. Due to the swinging radius of our gate, I pull to the opposite side of the road so I can open the gate in order reverse it through the narrow area to wash  the truck in the yard.  I notice two people in a a gold Malibu with  at the end of the cul-de-sac in front of Mary Abara’s house in a stopped position.

When I came to a stop, nearly 20 feel parallel with them on the opposite side of the road, I put my vehicle in park, the gold Malibu then attempted to complete the cul-de-sac. My truck was at an angle ready to reverse. The woman was driving, she had her window down and I heard her say, “Move your truck, you are blocking my way!”

This happened in front of my residence on Olona St.  Our house is to the right and the gate you see is the gate that I positioned my truck to go around the gate, into the yard.

The demanding demeanor in her tone was quite startling. I noticed the vehicle and occupants from the past few days as I have seen them in our neighborhood driving, looking at each house as if they were looking for somebody or something.

Then I asked them, “Are you looking for someone or something and could I help you”.

They heard the police scanner transmission from my vehicle and asked, “Why, are you an officer?”

I thought this a strange question along with the demand to move my vehicle that I was “blocking their way” and I said “Why, can’t I be a concerned citizen?”

She responded by demanding me to move my vehicle. (This occurred in a cul-de-sac fronting my house.)

“I will move my vehicle in a moment. I have to get out and open my gate”

Since this was a cul-de-sac, there was plenty of room for her to navigate around me. She cut her turn too short and was in front of me. Had she gone another ten feet and then turned around, she would have been able to go around, or, she simply could have done a 3-point turn and gone around, which she finally did.

As the man gets out of the car on the passenger side, they both start to say to me, “Show me your badge, show me your badge” Suddenly the man rushes to my door, he takes out his camera phone and starts taking pictures of me in my truck and he says, “I’m a concerned citizen too but I don’t go around blocking people in and harassing them!”

I say to him, “I’m no cop, I don’t have a badge, I live here and just look out for the community and try to be helpful”.

I wanted to get out of my truck to open the gate but the man is standing at my door I don’t want him to think I am being hostile by getting out of my truck so I remain in my truck, I notice the woman driver on the phone, probably placing a 911 call as I noticed she was giving a description of my vehicle, I called out to her and tell her to “call 241 1711”, and say, “my name is Pinkerton, tell them to come”

They man runs back to the vehicle, gets in and tells her to just drive, go around. She immediately repositioned her vehicle in the open cul-de-sac and left Olona Street. I then got out to open my gate, I reversed my truck into the yard to wash it as intended.

Officer Asuncion took their statement three blocks away, purposefully did not investigate which caused me to be arrested the next evening.
 

THERE WAS NO INVESTIGATION, ASUNCION NEVER WENT DOWN MY STREET.

NOBODY TOOK THE WITNESSES STATEMENT UNTIL AFTER I WAS ARRESTED FOR THIS RIDICULOUS AND HUMILIATING CHARGE TWO DAYS LATER. HOW WAS PROBABLE CAUSE DETERMINED?

October 24, 2005, I had gone to DMV earlier and had inquired and  legal ownership of the vehicle and resolved the issues that were hampered by Asuncion.  On the way home that evening form Lihue, I received a call that my car was being held by Kauai Police at the Koloa Big Save. (see failed to render aid page)

When I got there, I parked my truck three stalls away from the officers cruiser.  I got out and walked over to my Datsun wagon where a man to be named Josh Sesco was sitting in the drivers seat.  I began to ask him if he was being detained for driving this car and he said yes.  I walked away from the man and I approached Officer David Banquel to inform him that the tickets he had in his hand should not go to me as the DMV will probably not show the changes in the system and  this could all be resolved amicably. 
 

 ---30 minutes prior to my arrival---

BOLO instructions:
Officer David Banquel had seen his high school classmate ½ hour prior to my arrival at Koloa Big Save and told him that he was going to arrest “someone” for impersonating an officer. Now when you read the BOLO, the instructions are to investigate and ask questions. His statement to his classmate indicates intention to arrest despite the instruction in the BOLO which state to locate and obtain statement. 

Listen to the witness say Banquel had INTENT to arrest Pinkerton without doing an investigation, per the BOLO.

Officer David Banquel asked one question: Do you remember an incident yesterday? To that, I said yes. That is all I said. He immediately placed me into custody without reading me my rights. Read this officer’s report and compare with the audio file “classmate.mp3” and you will determine that there are many discrepancies in this officers report. This shows intent to arrest without following the direction of the BOLO Asuncion had issued in lieu of his investigation.


Officer Asuncion requested for KPD incident #05-10-002642 of Harassment 10/23/2005 5:43:29PM, and incident #05-10-002643 yet does not request an incident # for IMPERSONATING AN OFFICER IN THE SECOND DEGREE. There is not even a record of IMPERSONATING in the police dispatch log.

 

While no Investigating Officer went down to the alleged crime scene to interview witnesses, later that afternoon there is still no investigation. Office Asuncion does not call me on the phone numbers I gave him that morning at Koloa School when I requested his service to help gain possession of the vehicle I was the legal owner.

There were two witnesses present October 23, 2005 on Olona St. One was picking lemons and another was a worker at 3835 Olona St tile setting a bathroom inside and had come out to make cuts no the tile saw.  Had Officer Asuncion done an investigation, he would have obtained their statement.

When you compare report 27805 below with other officer’s reports you will determine that Sgt. Nelson Agni, who approved these, is allowing these crimes against me to go un-addressed. Sgt. Agni was accidentally kicked to his shoulder by me over 8 years ago. Is he allowing fellow officers the opportunity to carry out his vendetta? They arrested me falsely then too but I did not challenge them at that time. The charges of assault on a police officer back then were dismissed, but not the animosity. These certain cops back then are the ones in charge these days.

The Incident Report below filed by Officer Asuncion divulges key information. I called police dispatch from phone number 808-639-0633 on SUN 10/23/2005 at 7:10AM called 808-241-1711 LIHUE HI spoke for 9 minutes discussing my concern to reposes this vehicle. Officer Asuncion was flagged down fronting Koloa School per his statement our meeting but leaves out the conversation we had which was Pinkerton's request for assistance to reposes a vehicle Pinkerton was still legal owner of. I gave Officer Asuncion all my phone number's including the 808-639-0633 number which is reflected in his "investigation". Officer Asuncion refused help when I asked earlier that morning, October 23, 2005 at Koloa School, and offered me no resolve for my request to go with me to get my car. Officer Asuncion stated to me that if I were found to be violating the law then he would have me arrested and left.

The call log on all phone records, 808 742 6827, 808 634 0159, and 808 639 0633 will prove there was no attempt to phone me at any phone numbers provided earlier that morning. Recall I flagged him down fronting Koloa School, as stated in his report and gave him those numbers. Asuncion's states he was unable to contact or locate Pinkerton, despite having all his information. My family and I were home all afternoon as we had a tile setter remodeling the bathroom.

POLICE REPORTS OPEN IN NEW WINDOW

Investigating Officer Asuncion Report October 23, 2005:

The original call was for "harassment".  These alleged victims are unpleasant people who live in Sacramento.

Harassment 10/23/2005 12:46:53PM 10/23/2005 12:14:10PM 17 05-10-002594 R-Report
Reported By: MARY CAMPBELL (resides in Sacramento, Ca) Sector: 0 Community: KOLOA Location: OHUOHU / WAILAAU (incident fronting Pinkerton Residence, Pinkerton remained in vehicle) Report-No.: 2005-27805
Unit Assigned: 215Asuncion01588

Harassment 10/23/2005 5:43:29PM 10/23/2005 5:42:28PM
16 05-10-002642 R-Report
Reported By: KPD Lihue, per G. Asuncion Sector: 0
Community: Koloa Location: Olona RD
Report-No.: 2005-27835 Unit Assigned: 215Asuncion01588

Harassment 10/23/2005 5:44:39PM 10/23/2005 5:42:41PM
17 05-10-002643 R-Report
Reported By: KPD Lihue, per G. Asuncion Sector: 0
Community: Koloa Location: Olona RD
Report-No.: 2005-27836 Unit Assigned: 215Asuncion01588

Why are there 3 reports on the Kauai Police Dispatch Log of Harassment yet none for IMPERSONATING AN OFFICER IN THE SECOND DEGREE?

There was never an incident # requestedfor Impersonating a police officer.

Arresting Officer David Banquel Report October 25, 2005:

Compare the headings in the report where it shows “SUSPECTS STATEMENT” with “INVESTIGATION”.

There are discrepancies in these paragraphs. Notice the reference to the "radio was a scanner" portion near the bottom. 

This is not a crime, the radio does not broadcast as it is a scanner.  You can buy these scanners at Radio Shack.

Officer Drapessa Report October 25, 2005:

For one. I never made a statement.

Two, there was no admitting to “IMPRERSONATING A POLICE  OFFICER” because I never “IMPERSONATED A POLICE OFFICER”.

Does owning a Radio Shack Scanner justify me being arrested and charged with “IMPERSONATED A  POLICE OFFICER”.

Listen to a Kauai police Officer telling me that there is a rumor I was an FBI agent too.  Find this on the audio files page.
 

Click on scanner to the left for Hawaii frequencies.

Screen Capture of Records Management System

In the image below, notice the “created by” and “date created” fields are in reversed chronological order. The most current entry is at the top.

Asuncion is K01588, he is the “investigating” officer, his report went in at 3:59pm on October 23, 2005.


The next officer who encountered me in chronological order is David Banquel K01884 on Monday October 24, 2005 at Koloa Big Save, but his entry into the system went in after Drapesa K01067, who actually took my statement at KPD headquarters on Tuesday, October 25, 2005.

Now in the audio file of Officer Gilbert Asuncion, he says that he did a thorough investigation.  If that were so, then the courts would also have the current mailing address, which has been my Post Office Box address for over 10 years.

Their complaint was filed November 28, 2005 but was not mailed until after the Court Date and to the wrong address at that. Note the Timestamp and address on the envelope.

From the time of the first arrest, October 24, 2005, to the time the prosecutor drops the 2 harassment charges and decide to pursue the impersonating charge despite not having witnesses is 35 days.  Drop two charges of harassment, and pursue an Impersonating charge and not have witnesses?  Mail this to an old address?  Filing dates not kosher.