with a fractured wrist and concussion.

PROBABLE CAUSE HEARING DENIED TO DEFENDANT FOR THE CHARGES STEMMING FROM THE 3RD ARREST.

Ultimately these charges were brought up again through a Grand Jury Indictment causing me to be rearrested a second time for the same charges.  This is done to prevent me from cross examining the Kauai Police witnesses against me and prevents me from presenting any evidence that is useful to my case.  Watch and listen to how Deputy Prosecutor tries to deny access to the States Witness but ultimately  has to concede to allowing the Grand Jurors the right to question the States Witness.  Read more and listen here.

WHY AN INDICTMENT ARREST?  IN ORDER TO CONTINUE TO KEEP ON SUPPRESSING OF EVIDENCE AND SUPPRESSION OF MY CONSTITUTIONAL RIGHTS.

Why was the ambulance called to the scene two times?  Why was the third call to the ambulance cancelled?

Why was I fingerprinted and photographed  on the first two arrests and not fingerprinted or photographed on the third arrest? Could it be that the photos would depict the assault and damages caused by officers that night?  yes....

Witness says he was suspicious of the event March 5, 2006 when he was called to the scene twice.

This witness, who chose to talk with me freely, discusses his concern over the night I was arrested for a DUI, WITHOUT EVER BEING PULLED OVER, WITH NO PROBABLE CAUSE BY THE POLICE WHOM KNOW ME AND KNOW THAT I FILED COMPLAINTS AGAINST THEIR BROTHERS IN BLUE.

The beating occurred before the paramedics arrived and after they left.  Hospital documentation proves assault by police officers occurred in police custody.

12. THERE WAS NO PROBABLE CAUSE FOR OFFICER BANQUEL AND VINZANT TO APPROACH ME IN MY TRUCK WHILE I SLEPT.   THERE HAD BEEN NO COMPLAINT, THERE WAS A VERY CLOSE WINDOW OF OPPORTUNITY FOR OFFICER BANQUEL TO GET VENGEANCES FOR HIS BROTHER WHOM HAD FALSELY ARRESTED ME OCTOBER 24, 2005 AND WHOM  I HAD FILED COMPLAINTS AGAINST BOTH THE ARRESTING OFFICER AND THE INVESTIGATING OFFICER.
     
13. Officers Vinzant and Banquel stole my audio recorder, my GPS antennae, and put $450.00 in damage to  my 2000 Ford Ranger.
     
14. March 5, 2006 my truck was parked, the keys in my lap.
     
15. The scratches and pistol smudge marks on the passenger door of my truck are conclusive of action on the passenger side of my truck where I was beaten by Banquel and Vinzant.
     
16. Hospital documentation and photos shows I was abused while in police custody.
     
17. The surveillance tapes inside KPD Holding facility show my head being slammed by the cellblock door by Officer Banquel.
     
18. The Surveillance tapes show me loosing consciousness after getting my head slammed by the cellblock door.
     
19. The surveillance tapes show me asking several times for medical attention.

I tried to file CRIMINAL COMPLAINTS against these officers and was laughed at and told "NO" by Kauai Police Dispatchers and the Sgt. on duty.

Carried by chains caused fractured wrist and infection.

I was awakened when I felt a chill, I opened my eyes and saw who I thought was Officer David Banquel retracting his arm from across my body, he was standing at the passenger side of the truck. No lights go on when the passenger door is opened. I recall his flashlight being flashed into my face, I was starting to be interrogated from what sounded like drunk driving. I recall them pulling me out of the passenger seat, Banquel on the passenger side and Vinzant in the driver’s seat; I asked them "why are you doing this to me?" They started yanking me out of the passenger seat and I stated to wait, my seatbelt is still on. After being extracted from the passenger seat, I immediately felt excruciating pain in my back. I was being kicked, punched and hit with some object. Officer Vinzant stood on my solar plexus with so much force it was difficult to breathe. I knew they were going to kill me and the thoughts going through my mind was that of my wonderful kids and their mother. I did not want to die at the hands of these officers. I kept trying to avoid their abuse.

While there on the passenger side of my truck on the ground I could see under my truck, I could see the bypass road on the other side of my truck. I looked up I asked VINZANT "why", was it because of the incident with his wife yesterday and with that he stomped on my face, breaking my glasses. I was trying to avoid getting kicked and hit by the two officers, was told that I was resisting, was kicked several times to my head, back, and in my right thigh causing me to favor my right leg. I was placed in a choke hold until I went unconscious. I was repeatedly kicked and hit by Vinzant and Banquel. The other officer, Phillip Banquel, is the brother to the first arresting officers, David Banquel on October 24, 2005. I was just beaten and choked. I was afraid that I was going to die at the hands of these officers. I was placed into a choke hold and lost consciousness.

The cuffs were put on so tight that they cut into my skin. The ankle cuffs were tightened beyond the last “click”. I was very afraid they were going to find someway to kill me and dispose of me.

When I regained consciousness, I vaguely recall someone, possibly a medic, asking if I was ok but I was too upset and in pain from the beating and being treated like an animal that I did not trust anybody near me and just wanted to be left alone. My head was hurting from the kicks and punches I had received and was feeling angry that the officers “sworn to serve and protect” had just assaulted me. I recall thinking how Vinzant was taking out his anger against me for my conversation with his wife the day before and how Banquel was taking out his vendetta for my complaints when his brother falsely arrested me October 24, 2005.

Every time officers grabbed me and held me they did with so much force that I feared for my life. They repeatedly struck me and kicked me. The cuffs were applied so tightly that my wrists were cut and fingers numb. They applied leg cuffs to the most extreme where there were no available clicks left to allow for a piece of paper to pass under. Nor were they locked in a safe position to prevent injury and pain. This caused extreme pain when standing and especially when they carried me by the chains between hands and feet to the back of the police cruiser. When I came to, I was laying across the back seat of the police car.

After being taken to E.R. for clearance, I wanted to tell the Dr. that I was in pain by being beaten and to check my back for injuries but was afraid of being further retaliated against by the ones who beat me prior to my arrival to the E.R. I was in severe back pain, my back was having spasms, I did rot want to lay on my back. Furthermore I did not want any of the officers who had beaten me anywhere near me.

After being discharged, I was carried again by the chains between my wrists and chains between the ankles like an animal by Officers to the cruiser, they threw me into the vehicle; I looked up and saw Sgt Agni. Officer Agni was at the rear drivers side door pulling me across the seat, I asked him what he was doing here that it is a conflict for him to be there since he was being investigated for my previous complaint. He pulled me closer to him and put my head to the bottom of the door frame. His reply to me while he thrust his knee into the right side of my neck was "yeah, so". I was beaten more in the back of the police vehicle, I was screaming, trying to protect myself from their attacks. My whole body was in excruciating pain from the two attacks carried out by Kauai Police Officers, one prior to arriving at the E.R. and the second one after leaving the E.R.

I was thrown in a jail cell and then Phillip Banquel slammed the cell door on my head, causing ringing in my left ear, a concussion and extreme pain. I lost consciousness. When I regained consciousness, I lay on the floor, the ankle cuffs tightened to the most extreme, they were not locked in a safe position, the ankle cuffs cut into my skin causing a lack of circulation, lacerations, swelling and extreme pain when walking or standing. My wrists were numb and I could not feel my fingers. My neck, back, left hip, legs, and head was in severe pain. When I regained consciousness, I tried to stand up only to fall down due to the pain in my legs and throbbing to the left side of my head and pain in my neck. I made repeated requests for medical attention but they went ignored.

I told the lead jailer I wanted to make a phone call however; I was unable to walk on my own. She made the calls for me. After repeated requests to remove the ankle cuffs, she removed the ankle cuffs. After what appeared to be several hours of lying on the floor of the cell in some putrid smelling liquid I believed to be urine, she and the other jailer assisted me to a cell with a mattress. She came back around lunch time and offered me something to eat but I had no appetite. Shortly thereafter, she said I was being released, that bail had been posted. After assisting me into the booking area, I made another request for medical attention, was told I can take myself to Wilcox E.R. because I will be out soon.

The pain my whole body was in made it unbearable to walk. With the help of the jailers, the escorted me out to where the bail bondsman, Darrell Horner, was waiting. He was near the vending machines but I could not walk well enough to make the distance. When Darrell Horner and his assistant walked over to me, they took my photo, asked some questions, and then called an ambulance to take me the Wilcox E.R. While in E.R., I was able to call my companion, Rosalind, to come to the hospital and document the substantial injuries. They did not perform any wound care and my right wrist got infected.

Officer Vinzant and Banquel have stolen my Olympus Digital Audio Recorder, VN480pc, which was activated prior to officers pulling me out of my truck and the external GPS antennae which was mounted to the roof of my truck. The theft of the recorder is of concern to me since it had information on it of Kauai Police Officers. Since I knew they had it in their possession, I knowingly said things that were recorded, hoping to one day prove they had illegally obtained my property in an attempt to use it against me. Is it legal for officers to do this? No.

Why did Kauai Police Officers approach my vehicle in the first place?

Research uncovered in the Police Dispatch log for this day, March 5/6, 2006 that there was an “anonymous caller” who REPORTED that my truck had “gone off the road”.

Does it look like the truck had been driven off the road or simply parked on the side?

Below is the "call" to KPD Dispatch that gives the Police Officers "probable cause" to approach my vehicle:

3/5/2006 10:42:33PM 3/5/2006 11:01:55PM Mis Pub Other
06-03-000595
Reported By: LAURA LANDEAU
Location: Community: KOLOA
Report-No.: 2006-5746 Unit Assigned: 144BanquelP02004

3/5/2006 11:06:33PM 3/6/2006 1:31:33AM Traf Cas
4 06-03-000597 Reported By: AF
Location: BYPASS RD VIC CHURCH Community: POIPU
Report-No.: 2006-5747 Unit Assigned: 144BanquelP02004


Officer Phillip Banquel had closed out a call 5 minutes prior to the call above. This puts him in the area as it is just 3 minutes down the bypass road from Koloa. Was it him who called dispatch and said “anonymous female”? Was this done so there was “probable cause” to approach me while I slept in my truck?

How many officers are needed to respond to a report of a vehicle parked on the side of the road. However, the call came in as Traf Cas, which means they send more that one officer by protocol. How many officers are there to now be witnesses against Pinkerton?

Once again, does it look like the truck had been driven off the road or simply parked on the side?

In the past, I have called KPD Dispatch and had remained “anonymous” but the dispatcher still put my name in the report.
Why can’t I remain anonymous?

Traf Offenses 9/9/2005 9:13:22AM 9/9/2005 9:01:08AM
6 05-09-000859 MS-MIS PUB
Reported By: ANONYMOUS PINKERTON Sector: 0
Community: Location: kaumualii hwy puhi to lihue
Report-No.: 2005-23819 Unit Assigned: 102KapuaK00475

ANONYMOUS PINKERTON? How can a person be anonymous and be entered into the system like this?

What led Officer Vinzant to stomp on my face?

March 4, 2006, while troubleshooting the water pumping facilities on the base, Security Guard Gabris, a guard at the Pacific Missile Range Facility, witnessed Officer Vinzants wife being upset with me as he was working the "housing gate", it is the only gate opened on base. Officer Vinzants wife was upset that I was "tailgating" her on base, she was driving 15mph. She told the guard that I was tailgating and driving wreck less by swerving to and fro. When I got to the gate to turn in my pass, I was told by Gabris not to tailgate and be patient. I told him she was driving 15mph and he indicated that I can “pass her when you are off Navy Property, but that she is a real nice lady”. I said she probably is but she was still driving 10 miles per hour under the posted speed limit.

Later that afternoon, after inspecting the burned out components at the Kawela pumps, I called one of my inside sources at KPD to inquire who the lady is who drives the Green bug with flowers; they indicated that was Vinzants wife. I was immediately shaken up. I recall my client, Gigi Bohn telling me her younger sister was married to an Officer Vinzant. While driving through Waimea, I saw Mrs. Vinzants bug parked in front of Makai Properties, apparently visiting the sister who is working there, Gigi Bohn, my client. I stopped in and apologized for any misunderstanding and after a few tense minutes, we were all laughing. When I found out she was masseuse, I had asked her for a massage and even gave her, with her permission, a rub on her shoulders. We were not alone in the room. He sisters were there too.

Why was I asleep in the truck on the side of the bypass road?
March 5, 2006, Sunday evening, I had gone down to the beach to reflect, watch the sunset and check the tide. I also wanted to see if it was good conditions to go lobster diving. The tide was high up until 9:40pm. The conditions were not so good for lobster diving so I decided to have a sip of the Jagermeister that was in the back of my truck, where it is legal to keep it. After sharing the beverage with the tourists I was talking with, we talked for about another ˝ hour. I went to my truck to put the Jagermeister in the bed of the truck. Since I have had problems sleeping and my doctor had recommended Melatonin. I checked the time on my radio, took one tablet (3mg) drank some water and urinated.

Since it was getting late and I wanted to get home before the Melatonin started it’s effect however I wanted to be polite and say goodbye to the people I had been chatting with. After a couple more minutes of chatting I said goodbye to them I quickly became too sleepy to drive myself home. Feeling I would fall asleep at the wheel, I asked one of the tourists I was chatting with about the island to drive me home. He agreed. I told him, the tourist gentleman, just up the bypass road by the church. He had a southern draw in his voice. I vaguely recall him saying "where to from here" and I looked around, saw the church we had just passed on the left side of the bypass road and I said "here is fine". He exited the drivers door and handed me the keys, which I put on my lap.

Click here to dowload a quicktime movie  "victim of Kauai police" hospital video

300mb;  high speed internet recommended.