May 19, 2011

On the afternoon of May 19, 2011, I went outside of my apartment on W. Anderson and Waco St.. in Weatherford, Texas, and headed toward the trash dumpster located beside the parking lot.  I was taking MEDICATION, and I had consumed alcohol.  In the parking lot I was confronted by the neighbors I had been having problems with (see posts below)  .There was a confrontation which led to some yelling.  Other neighbors that I have never met, D. Babbit and his wife, heard the noise and came to the parking lot to help.  Mrs. Babbitt decided to call the police.  Mr.Babbit was telling me that I should just go inside.

When the police arrived, I began to return to my apartment where the door was standing open.  I was approached and stopped by Officer Chris Beniak  (SEE FEBRUARY 10)  who began demanding I.D.   I said that I should return to the apartment before producing I.D.  Beniak became angry.   Mr. Babbit was standing right beside me, and convinced me that  I should just show I.D. and then go inside. 

Beniak was irritated and aggressive because I had delayed in producing my I.D.  He attacked me.

I gave my I.D. to Beniak and stood waiting.   As I stood waiting, I was never told that I was under arrest or that I was being searched.  Beniak did not attempt to pat me down for weapons as he claimed, he aggressively grabbed me.   His irritation boiled over and he suddenly assaulted my arm, grabbing it forcefully and jerking me.  This startled me and I tried to back away and release my arm.   I flailed about and did not strike Beniak which was affirmed by Mr, Babbit.  Beniak threw me to the ground and another officer ran over to join in while I was handcuffed.

Beniak then made a conscious decision to over charge me with Assault of a Public Servant with Bodily Injury. which is a third degree felony. He also charged me with resisting arrest.

I never assaulted Chris Beniak. I was assaulted by Beniak which he is legally able to do, but the level of violence he used against me was completely unnecessary.  He never attempted to "search" me as he would claim, he grabbed me and jerked me, and at no time had I been told that I was under arrest.

Beniak coerced the Babbit's to write statements, but Mr. Babbit who was standing next to me did not write that I struck Beniak in his statement because I did not.  Mrs. Babbit, who was behind Beniak talking to others and could not see, wrote her statement more in conformity with what Beniak wanted.

After I went to jail, my parents went to retrieve my things from the apartment;  Mr.Babbit saw them and came to  speak with them. He told them what had happened, and he told them that I flailed after being grabbed, but I DID NOT hit Beniak, he simply threw me on the ground.


It was not my conscious objective or desire to engage in the conduct in question. The conduct in question was an immediate reaction to being grabbed and jerked, it which was a startled reflex.  I was startled and reacting to an unexpected painful grasp on my arm.

I was never aware that the conduct was certain to cause the alleged result.  I did nothing which would be an assault or cause a bodily injury.  The alleged result, a bodily injury, did not occur, and I never engaged in conduct certain to cause a bodily injury.

I did not consciously disregard a substantial and unjustifiable risk. I was not taking ANY risk.  I was trying to release my arm from an unprovoked attack.

Beniak claimed bodily injury to his arm.  There was no bodily injury.  He later tried to justify his attack on me by claiming he was doing a "terry search".  He never tried to do a search.  Beniak was irritated and aggressive because I had delayed in producing my I.D.  I had wanted to return to my apartment, which annoyed Beniak  - who knew and disliked me.  He also wrote in one of his reports that he "assisted" me to the ground. There was no assistance.  He was overly aggressive and dishonest.

Beniak's excessive use of force was done in an unconstitutional manner.

I did not assault Chris Beniak. I did not cause any bodily injury to Chris Benaik.

February 10, 2011

In February of 2011, I signed a 6 month lease on an apartment in Weatherford.  On February 10, 2011, I drank a lot and played loud music, enjoying my new place.  It never crossed my mind that I might disturb someone around me, I'm not accustomed to these sort of apartments.

Someone called the police for noise.  Christen Beniak came to my apartment, came inside, roughed me up a bit and took me to jail.

May 3, 2011

On May 3, 2011, at around 3 a.m. there was a loud pounding at my door.  I opened my door and a Hispanic male pointed his finger into my face and threatened me.  Then he immediately walked off.  So I followed him.  He went into the apartment directly under mine.  I realized that he had just made threats against me in the middle of the night.   I decided that calling the police would be the best thing to do.  I called 911 and reported that a neighbor had just banged on my door in the middle of the night and threatened me.  I stood downstairs waiting so I could show the officer which apartment it was.  

When the police car arrived, the male and another female came outside and approached the officer, apparently they had been looking out.  They started speaking Spanish.  I tried to tell the officer that I was the one who called, and he pointed at me and said, "shut up, do you want to go to jail?"    I returned to my apartment.  I called 911 again to report that the hooligan I called in about and the responding Hispanic officer were speaking Spanish and I was being threatened with jail, a non-Hispanic officer was needed.  The 911 operator stated that an officer was already there and promptly hung up.  So I called again and again was hung up on.  Meanwhile the parking lot filled up with police cars.

Shortly, there was knocking at my door, so I put the chain-lock on which only allowed the door to open a few inches and opened the door.   Several officers were standing there and I spoke to them.  After we spoke the officers left.  I turned the lights off in that part of the apartment and went to my bedroom.

From my bedroom I could see lights shining all over the next room from the window.  I went to the window to see what it was, and several police cars from the parking were shining lights up at my window.  I opened the window (with the screen remaining attached) and yelled, "Go find some criminals!  Go away!"  Then I returned to my bedroom.  The lights remained off.

A few moments later, I heard noise and came out of the bedroom to see someone crawling through my window in the dark.  He removed the screened and crawled in.  I could tell it was a policeman and was completely confounded.  I was bewildered.   I just stood there in disbelief watching him crawl in and said, "what are you doing?"  It took him a few moments to crawl in and I again said, "what are you doing?"   As soon as he was in he rushed up to me and grabbed my arm and said, "you pissed us off."

It was the Hispanic officer who had arrived first.  I did not resist at all, not wanting to give any reason for a charge.  I was still in shock and thinking that the entrance was illegal, and there was no grounds for detaining me.  He handcuffed me and led me to the door.  When it opened I could see several officers standing there looking excited and full of adrenaline.  They seemed to have blood-lust in their eyes, a strange sort of expression and a vacant intense gaze.  I asked what this was for as I was led out, but no one spoke.  It was strange.

I was led to a police car, where I sat for a long time.  Several police cars were in the parking lot.  Finally, one of them returned to the car.  I asked what in the world I was under arrest for.  He replied that it was public intoxication. That was odd because I wasn't drunk, and I hadn't been in public.

Do police normally break into someone's house in the dark to arrest them for a class c ticket, public intoxication?   

 The officer who arrived first and then crawled through my window is Cristobal Meza.