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Missouri Deputy Creates Fairy Tale About My Wife Barreling into Her During Eviction, but Even Prosecutor Doesn't Buy It Because He Did Not Charge Carol with It

Posted on the 03 April 2017 by Rogershuler @RogerShuler

Missouri deputy creates fairy tale about my wife barreling into her during eviction, but even prosecutor doesn't buy it because he did not charge Carol with it

Deputy Debi Wade

A Missouri deputy claims in a Probable Cause (PC) Statement that my wife, Carol, "barreled into [her] head first" in the moments before another officer broke Carol's arm during an unlawful eviction in September 2015. The claim, from deputy Debi Wade, is preposterous -- and it apparently was designed to buttress a bogus "assault on a law enforcement officer" charge against Carol, which led to her arrest in January.
I use the term "preposterous" to describe Wade's claim for two reasons: (1) She places the "barreling" event near the front door of our duplex apartment, and I saw everything that happened in that area, from the front seat of our car, parked about 15 feet away in the driveway. Carol never initiated contact with Wade, and I never saw Wade make contact with Carol, unless it was to help her off the ground after another officer had body slammed Carol and broken her left arm by yanking on both arms in an upward and back motion; (2) Greene County Prosecuting Attorney (PA) Dan Patterson apparently does not believe Wade's account because, in his Misdemeanor Information (MI) filed with the court, he charged Carol with only one count of assault on an officer -- and that allegedly was against a male officer named Jeremy Lynn, and it was inside our apartment, just as officers had thrust open the door.
Carol is not charged with assaulting Wade, so one has to wonder why Wade included false information that even the PA does not believe -- or at least, he does not believe it amounted to a criminal offense. It also raises questions about Wade's credibility, especially when you consider all the other hokum in her PC Statement. (More on that in upcoming posts.)
What really happened? Carol spells that out in a Motion to Dismiss Charges filed on March 14. (The Motion to Dismiss, PC Statement and MI are embedded at the end of this post.)
Note: Wade admits in the first paragraph of her PC Statement that she did not witness Carol push Officer Lynn, but an unknown person "advised" her that it happened. That, of course, is blatant hearsay, which is inadmissible in court and means, as a procedural matter, there is nothing to support probable cause that Carol committed any offense involving assault. As a factual matter, Wade's account is pure fantasy and should put her at risk of criminal sanctions for filing a false PC statement.
Carol's account starts with Jeremy Lynn and other officers bursting through our door, even though we had filed a Notice of Appeal the day before that placed an automatic stay on eviction. Given that we were in lawful possession of the apartment on Sept. 9, 2015, every action by the cops amounts to "forcible entry and detainer," a charge they will face (among others) in our upcoming police brutality/civil rights lawsuit. Here are Carol's words from the Motion to Dismiss:
I heard noise outside our apartment and looked out the peephole to see what was going on. We had filed a notice of appeal the day before, with appropriate fees, and we knew that put an automatic stay on the eviction. I knew there was no way, under the law, that anyone could be attempting an eviction. When I heard noise outside, I thought we had a possible prowler or someone attempting a home invasion. That’s why I looked out the peephole, and I had my cell phone in my hand, thinking I might need to call 911 any moment. Next thing I knew, the door was thrown open, and I was slammed up against the wall, behind the open door, hard enough to possibly cause a concussion. My glasses were knocked off, the cell phone was knocked out of my hand, and I was disoriented. But I never caused physical contact with Officer Lynn or anyone else on 9/9/15. While I was facing the wall, someone (I assume it was Officer Lynn) grabbed both of my arms, pulled them behind my back and placed them in handcuffs. As Lynn was applying the handcuffs, he caused my head to bang against the wall another 2 or 3 times. Also, someone put his hand on top of my head, as handcuffs were being applied, forcing my head violently into the wall several more times. Once in handcuffs, I wasn’t capable of pushing anyone, and I did not do so. I did not push anyone before being placed in handcuffs, either. I would be glad to file an affidavit if the court deems it necessary. If Jeremy Lynn is the officer I think he was, he’s a large fellow – maybe 6-4 or 6-5 and 270 pounds or more. The notion that I would push him is absurd.

So, Jeremy Lynn caused Carol's head to bang against the wall ("2 or 3 times"), and as Lynn was handcuffing her, someone put his hand on top of her head and violently pushed it into the wall several more times. And the cops are claiming Carol assaulted them? Is it any wonder I've seen signs that Carol is suffering from post-concussion symptoms, especially when you consider she also was slammed butt-first to the ground that day, outside the apartment? Carol has one of the sharpest minds I've encountered -- she made straight A's in school through K-12 and college -- but I now regularly see signs of jumbled thinking, an inability to express thoughts in a concise, direct manner. Is this the result of her brain being battered about inside her skull during an eviction that never should have happened?
In the days immediately after the eviction, our No. 1 concern was about trying to get Carol's arm pieced back together via trauma surgery. I'm not aware of medical personnel conducting any concussion tests on her, but there is no doubt her brain took a beating at the beginning and the end of our eviction.
As for Wade's claim that Carol "barreled" into her, it's pure nonsense -- and it should earn Wade time behind bars, depending on the penalties for filing a false PC Statement . Here are Carol's words on the subject:
I did not take off on a dead run for the door, and Officer Wade did not help me put items in our car. I did that on my own. Officer Wade already was at the front of the residence, so she did not jog up behind me, and I did not pivot and barrel into her head first. I wear glasses, I have scoliosis, and I have never been in a physical encounter with anyone. The notion that I would “barrel into” Debi Wade, likely breaking my glasses and injuring my neck and back, is nonsensical. I did not initiate contact with Officer Wade, and I do not recall her making contact with me.

This fantasy about Carol barreling into her, tells me that Debi Wade was not even trying to get things accurate in her PC Statement; she apparently was assigned to concoct a document that would terrorize us -- causing Carol to be falsely arrested and imprisoned -- and that's what she did.
(To be continued)

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