Here is the royal brush-off from the District Attorney's Office (the highlighted questions are meant to help you read between the lines, so to speak):
Avilla
|
Uh, behind the scenes… [inaudible] …that you had been talking with, Mr. Reyes.
|
Bush
|
Right, right.
|
Avilla
|
And, there was a communication breakdown, having to do with...
|
Bush
|
Yeah, well, you know…
|
Avilla
|
And, so, I need to figure out what the situation is… [inaudible] …stolen vehicle...
|
Bush
|
And…and, stolen credit cards and money and…and other property—all-in-one...
|
Avilla
|
And taken from you?
|
Bush
|
Taken from me. And, this happened in, like, 2006. Now, the Sunnyvale Department of Public Safety did not tell me that they had actually forwarded the case to the district attorney's office. So, I didn't even know it was sitting here; but, when I, um...
|
Avilla
|
But, you found subsequently that it was?
|
Bush
|
I, uh…by…incidentally. I was, like, "Wow! Finally they did something about the problem." Because, it wasn't just one incident that was an issue; it was ongoing series of incidences that began February of 2006 and extended until August of 2006. Basically, these people (not just the suspect listed in the…in the police report that we're talking about, but, uh, their group—their gang—they had a name; I think it was called "D.F.M." or something like that)…anyway, um, they'd wiped me completely clean. I mean, they took everything over the course of those months. And, um…but, this is, as far as I know, um, the only report…
|
Avilla
|
Did you know these people, or, how did they target you?
|
Bush
|
You know, I…I think they just found [inaudible]. I think that, uh, they might have gotten my name from, um, my mortgage company.
|
Avilla
|
Oh...
|
Bush
|
Yeah, um, they…they're involved in kind of a lot of…not just small things—like little thefts and stuff like that—but also some big things, too, [as] I found out over time; but, um…
|
Avilla
|
And, how did they end up with your car?
|
Bush
|
[clears throat] How'd they what?
|
Avilla
|
End up with you car?
|
Bush
|
Well, on that night, keys…uh, the keys were stolen from my house.
|
Avilla
|
Okay.
|
Bush
|
Yeah. And, they had…they were, uh, previously admonished by police to not return to my home; but, they did on numerous occasions. The problem was just never handled. I mean, these people…even when they were caught red-handed in my car twice, they were never arrested.
|
Avilla
|
Oh.
|
Bush
|
And… Yeah, it was really weird. It was only incidentally that in this particular case that I was able to call the suspect while the police were in the room with me, and he actually admitted to me—thinking it was just a conversation between the two of us—what had happened, who was involved, and why [and] all this other stuff. And, so…
|
Avilla
|
You had some type of relationship with them? Was there business or anything that you could make that call [inaudible]...
|
Bush
|
I…well, you know, I knew people who knew them.
|
Avilla
|
Okay.
|
Bush
|
And, so, you know, I had to really work that angle and…and try to get, like, phone numbers and establish communications because I…I just wasn't getting help from police. They were not being arrested. They were just being admonished constantly.
|
Avilla
|
And, so, Sunnyvale wrote a full report…
|
Bush
|
This time, they did. At first, they wrote it off as, uh…as, uh…they I had given the keys to the person. That was, uh, the original report statement by, um, I guess it's, like, Officer Falco, or something like that. Officer...
|
Avilla
|
Do you have the Sunnyvale PD case number?
|
Bush
|
Uh, not on me.
|
Avilla
|
[stutters] I can probably find it under your name. It's James, correct?
|
Bush
|
That's correct. James Bush. Officer Glasgow, however, who did a…
|
Avilla
|
It would have been February of 2006?
|
Bush
|
Well, no, that's when everything started; but, the actual…this particular incident we're speaking of now happened in, uh, I was thinking the end of June of 2006, I think…
|
Avilla
|
Of 2006?
|
Bush
|
Yeah.
|
Avilla
|
After they [inaudible].
|
Bush
|
I believe so. And, it wouldn't be the initial report where I called in the incident on the day it happened; it would be the, um… it would be the one conducted subsequently by Stuart Glasgow. [inaudible] I think that's what held it up initially, is that the original officer who took the report just…he…he…he said nothing had happened, and then, uh, the officer who did the investigation who found my vehicle said something completely different. Um, this is what I had been given. I'll have to turn this up for you so you can hear it.
|
Voicemail
|
Monday, June 12th, at 8…
|
Bush
|
June 12th.
|
Voicemail
|
:02 P.M.. James, this is Officer Glasgow from Sunnyvale Police. I was just at your place. Um, in order to get your car, uh, listed as stolen, you need to call up at the desk officer again and, uh, report it. I just spoke to him; I told him this sounds like a good…good, uh, auto theft. Um, if you can give me…us a call at…
|
Bush
|
Alright, you get the idea.
|
Avilla
|
Did you [inaudible] fill out the report, and sign, and…
|
Bush
|
Everything. Everything. And, unbeknownst to me, they did not, uh…or, they forwarded it to the district attorney's office.
|
Avilla
|
[inaudible]
|
Bush
|
Sure.
|
Avilla
|
[inaudible] [answers phone] Mm-hm. Okay. Okay. Perfect, thank you very much. Bye. [hangs up phone] I'm so sorry, sir.
|
Bush
|
No problem.
|
Avilla
|
If I didn't answer that, they'd keep calling me back.
|
Bush
|
Not a problem. So, anyway…
|
Avilla
|
So, a police report was filed, and everything happened…
|
Bush
|
Right. And, then, it sat here and nothing happened.
|
Avilla
|
The keys were not in the car, I take it? Something happened…
|
Bush
|
Right.
|
Avilla
|
But, then, your, uh, concern is that it has not gone to prosecution, that something has happened along the way, which is…
|
Bush
|
Yeah, so, you know, it just sat here, and the problem is…is, you know, because I recorded them doing things, and because I filed police reports and put them, as they say, in…at risk of exposure to criminal prosecution, I still have not slept a decent night since. I mean, I have—to this day—been, you know, harassed, vandalized, assaulted, what-not…
|
Avilla
|
You think by these same people that…
|
Bush
|
Absolutely by these same people, and the people that…that work with them within their group. I don't know, I feel like…is it a Norteño offshoot?
|
Avilla
|
On that issue, I would make sure that you're still filing police reports...
|
Bush
|
Yeah, yeah, yeah, yeah...
|
Avilla
|
…separate and aside from what's going on today; and, try to figure out, if there [are] still things going on…
|
Bush
|
Yeah…
|
Avilla
|
…and you're being threatened, harassed [inaudible], you need to make sure that you're filing reports. [inaudible] you do that, your safety is, of course, number one.
|
Bush
|
Right, right, right...
|
Avilla
|
[inaudible]
|
Bush
|
So, I think what Mr. Reyes did correctly was he did ascertain that, um, this was a prosecutable claim, uh, because I think there was some question, at first, because of the two officers' disagreement, initially, in the report. But, um, once I provided him with what I had, um, which wasn't just that recording; it was also the one where these, uh…there's two suspects, but only one's listed. But, um [inaudible] Josh is one of the persons involved, and he admits it right here.
|
Avilla
|
And, how is [inaudible] this recording?
|
Bush
|
Um… [plays recording] They wanted to, fucking, take your car, take your money, take, fucking, your pride and joy. [recording stops] So, this is him talking about what they were up to; and, that leads me to why this is prosecutable. Moises said that, "Even if it is a prosecutable claim, uh, you're outside of the 1 to 3 year statute of limitations on this. So, we can't prosecute it beyond that."
|
Avilla
|
Which, in general terms, is…
|
Bush
|
Correct.
|
Avilla
|
…that is correct.
|
Bush
|
Right. Now, there is a six-year statute of limitations that applies to any offense that may, um…that may incur up to 8 years in prison or more. And, um, I think we fall under that because, not only do we have multiple crimes committed—it's not just the auto theft; they're trying to focus only on the auto theft, but it was also the credit card access…
|
Avilla
|
And, is that all included in that legal...
|
Bush
|
It is all there. It is all there. And, um, we have all of that, I think, that accrues over 8 years, if you wanted to put them, you know, uh, consecutively versus concurrently; but, I said, "Because it was committed as a gang crime, [a] gang-related crime, all of those crimes fall under the 'dirty thirty' as a penal… I don't know if you're familiar with Penal Code § 186.22? Okay, good. I said that, "That enhancement is up to 10 years." Right? So, I think that, uh, I have more recordings that [inaudible] where they're talking about their gang and their affiliation and what their group does, and da-da-da-da-da… I said, "There's plenty there for you to make the assumption that it happened." I think we fall under that 6-year statute-of-limitations clause. So, um, that's…
|
Avilla
|
That one's not as easy to interpret as just…depending on how much time [inaudible]. So...
|
Bush
|
Right, right.
|
Avilla
|
[inaudible]
|
Bush
|
Right.
|
Avilla
|
…and, some of those have to do with current, ongoing, um, uh, criminal activities [inaudible] to speak to you...
|
Bush
|
Right.
|
Avilla
|
…but it also has to do with the dates that, um, activity is discovered, because that…
|
Bush
|
Right.
|
Avilla
|
[inaudible] statutes. There's all kinds of different pieces to it, and I'm truly not the legal, uh, mind of the operation here. I'm on the investigative side; so…
|
Bush
|
Great.
|
Avilla
|
…what my job is, and my crew, including, um, Reyes…
|
Bush
|
Mm-hm…
|
Avilla
|
…is to take the initial reports that are brought in by the agencies and all the police departments…
|
Bush
|
Mm-hm…
|
Avilla
|
…uh, and then they go up to our attorneys. Our attorneys look at those and decide whether or not the elements are there. You know this process…
|
Bush
|
Yeah, well, Moises explained all of this to me very well, and I accept it and it's fine. I…I…I…you know, but, basically, I wanted him to go back. I wanted him to bring the issue back up with the gang enhancement possibility because, you know, I can't argue with the law. It's…obviously, he's correct in everything he said. The only that I found, uh—I don't want to use the word "unacceptable"—but, I just disagreed with his unwillingness to go, you know, bring it back up again with the, you know, evidence I provided him of, you know, gang activity/involvement.
|
Avilla
|
Well, I can tell you that that has happened.
|
Bush
|
Oh, it did?
|
Avilla
|
We sent it up to…
|
Bush
|
I did not even know that.
|
Avilla
|
…um...
|
Bush
|
Okay.
|
Avilla
|
…the supervising attorney of the, uh, Gang Unit…
|
Bush
|
Okay.
|
Avilla
|
…um, who is then going to be pulling this, uh, old case…
|
Bush
|
Alright.
|
Avilla
|
uh, in which…I don't know if it's even in-house yet or not [inaudible] filed on it because we would have to go back to Sunnvyale and tell them to send the stuff back over…
|
Bush
|
Okay.
|
Avilla
|
…this, uh, and I didn't see any of the recordings or any of that stuff; but, I saw that there were emails and messages going back and forth from, um, Moe up to, uh, Lance Dougherty—who is the supervisor.
|
Bush
|
Oh, wow!
|
Avilla
|
James.
|
Bush
|
Okay.
|
Avilla
|
Um…
|
Bush
|
Oh, really?
|
Avilla
|
…but, I don't that, uh, any decisions have been made yet…
|
Bush
|
Okay.
|
Avilla
|
…only because [inaudible] we don't even have the signals in on, uh, the original submission from Sunnyvale. Often what happens is the agency will send something in and the attorney will decide either that we need additional evidence or we need a, uh, a more thorough report or we need something else to go with that one.
|
Bush
|
Okay, okay.
|
Avilla
|
So, then we'll send it back.
|
Bush
|
Okay. Alright. Well, I have probably, uh, over a hundred hours of recordings—not all of them all on this issue—but, I…I don't want them making the determination without actually consulting with me first and saying, "Here's some difficulties [stutters] we're having with…with pushing…pushing this through, uh, as you wanted, and do you have," or, "What we would need, or what we're lacking…" You know what I'm saying? Because I have spent so much time with this issue [that] I can't imagine not having anything that they need to go forward. If [inaudible] comes and says, "You know what? The…the officer didn't collect enough evidence along these lines," [or], " You didn't make that claim back then," or, "He didn't write it down," [or], "Even if he did, we can only go by…," you know? I have them in their own words saying, "We are a gang." Either… Or…
|
Avilla
|
How 'bout if I do this for you?
|
Bush
|
Sure.
|
Avilla
|
Let me, um, go find the original complaint that you made…
|
Bush
|
Okay.
|
Avilla
|
…and see if that's here or if I need to go back to Sunnyvale…
|
Bush
|
Okay.
|
Avilla
|
…and have them send over whatever it is…
|
Bush
|
Okay.
|
Avilla
|
…because I don't if we truly have it…
|
Bush
|
Okay
|
Avilla
|
…and, um, Mr. Reyes, has already been doing some of that because he's been giving me copies of the e-mails [inaudible] telling me what you're dealing with here—where are we at—so that I have, uh, a bit of information to try to…
|
Bush
|
Okay.
|
Avilla
|
…help both of us understand.
|
Bush
|
Alright, alright.
|
Avilla
|
Um, I know that the e-mails went back and forth to, uh, Mr. Dougherty. I don't know if, in fact, any decisions—I'm quite confident no decisions have been made yet; otherwise, I would have gotten the indication that [inaudible]…
|
Bush
|
Alright.
|
Avilla
|
…um, I need to find a report, so, um, I will go find what Moe has done—Mr. Reyes—and see if he has the report number, and if it has come in; if not, I will get it brought in here so that it can be properly reviewed. If, in fact, there are additional questions concerning this issue, I will…
|
Bush
|
Please!
|
Avilla
|
…be sure that Mr. Dougherty knows, and I can try to set up either, um…
|
Bush
|
[sighs] I've done all the leg work that you would need to have done; so, please, you know… I would not be happy if they said, "Well, we can't help you." I mean, knowing what I know and knowing what I have that could have made it work—you know what I'm saying—but, it wasn't asked for. That would be...
|
Avilla
|
You have to understand that even if it reviewed and somethings comes up and they say that they cannot do it…
|
Bush
|
Yeah…
|
Avilla
|
…sometimes there are things that… All of us think that it is truly a good case—that it's a prosecutable case…
|
Bush
|
Yeah, yeah, yeah… But, they won't do it. Right?
|
Avilla
|
…but, there's no way that…
|
Bush
|
That's fine.
|
Avilla
|
…you're going to be able to…
|
Bush
|
That's fine. That's fine.
|
Avilla
|
[inaudible] …understand that…
|
Bush
|
Right, right, right.
|
Avilla
|
…or to be able to…to work through some of those issues…
|
Bush
|
That's fine.
|
Avilla
|
…and, our office will only find that there's [inaudible] that truly can be used—there's criminal activity there—and…
|
Bush
|
Sure.
|
Avilla
|
[inaudible] lots of [inaudible] cases.
|
Bush
|
Great.
|
Avilla
|
That doesn't mean that that's what's going to happen with this because I can't tell you that. I haven't…
|
Bush
|
Alright.
|
Avilla
|
…looked at it.
|
Bush
|
Sure. Alright.
|
Avilla
|
I don't know enough about what is going on.
|
Bush
|
Alright, sounds good. Um, so… Yeah, that's fine, I guess. Uh, and, just to let you know again, the, you know, just besides [inaudible] and what-not, it's also a matter of an ongoing situation where I am, you know, continually…[sighs] Just last week, they blew up my toilet. There was shit and water everywhere.
|
Avilla
|
That's what I'm saying. Those things, you need to be reporting…
|
Bush
|
Yeah. I…yeah, yeah, yeah.
|
Avilla
|
Seriously, every day that something is going on like that, you need to be sure to properly report it.
|
Bush
|
Yeah.
|
Avilla
|
I mean, your safety is number one. Um…
|
Bush
|
It's just the pattern of harassment more than, like, safety. I mean, I haven't been injured since 2008; but, you know, it's just constant… It's just constant, uh, you know, crap, really. And, it's just…I…I feel like I'm toothless in the problem. You know, I feel like, um, not only with the injury, but I had no recourse. I had no one on my side; no one doing their part that would be, you know, that would be available to anyone else, you know? Any resources that would be available to anyone else seem kind of like, uh, unreachable to me at this point. And, like I said, this is been going on for almost five years, and I don't see any end in sight. And, um, I just wanted the tide to turn in my favor just this once, you know what I'm saying? So, it's kind of like I'm…I'm really pushing to make this happen finally. I mean, I would have been more on it before, but it was…they left me, you know, completely destitute. And, there…those…my survival needs were the primary goal for me at that time, and, now, you know, now that I've got a little bit of breathing room, maybe I can start, uh, taking care of this problem. You know, that's what I'm looking for.
|
Avilla
|
Well, let me leave this with you, then [hands Bush a business card].
|
Bush
|
Okay, great.
|
Avilla
|
What I will do is, I will get the report, make sure that it is in here, and that it is properly reviewed…
|
Bush
|
Got it.
|
Avilla
|
…and will make sure that anything that you have forwarded to Mr. Reyes has, uh, gone to Mr. Dougherty, which I believe that it has, um, so that [inaudible].
|
Bush
|
Sure. Make sure, if you will, please, to look for this specific thing, because I never got confirmation from, um, Moses, as to whether or not he received this or whether or not it was useful; but, if you see…if you don't see something like this, then you will need to contact me [plays media file for Avilla]. (Media file: [voice of Jonathan Harrington] We were told that's, like…that's three different affiliations—three different races—that have come to, uh, to not protect you, but to exploit you. [voice of Jonathan Harrington again] They're actively making it so you cannot sell your home, and [are] driving you into the ground even…even further. [voice of "J.R."] Maybe, yeah, I ignored some shit; but, like, I did not want to know, I did not need to know, and I did not ask to know. [voice of Paul Casey] I'm gonna fuck you…I'm gonna fuck…where the fuck are you, man? Tell me where the fuck you are! [voice of James Bush] Did they take out a policy on me somewhere? [voice of Josh Koppenhaver/Williams] Mm-hm. [voice of Jonathan Harrington] You know, sorry: we prolong... [Bush stops recording]
|
Avilla
|
Okay, what is this about? [inaudible]
|
Bush
|
Okay, so…
|
Avilla
|
Is this something you put together?
|
Bush
|
These are excerpts…yeah…excerpts that kinda say, "Here's the issue—in sum—that occurred," and, why it's not just a stolen car-stolen credit card thing.
|
Avilla
|
And, why do you think that they target you? Do you have any...
|
Bush
|
Well, I had things to take. Once my things were taken, there were no further issues.
|
Avilla
|
But, they are still bothering you…
|
Bush
|
I believe that that [is] because of the lawsuits I filed, and the web site, and that I recorded them without them knowing, and stuff like that. So, it's more of a retaliation issue now than it is [inaudible] That's what it was all about. So, you get the idea. If you don't see that [media file]…
|
Avilla
|
Let me get your phone number again so that if I don't see it, I'll call you…
|
Bush
|
Alright, alright.
|
Avilla
|
…[inaudible] and you can get that over to me.
|
Bush
|
Sure. 4-0-8…
|
Avilla
|
Mm-hm…
|
Bush
|
…uh, 7-9-1-4-8-6-6.
|
Avilla
|
And, that's June 12th that the report that was for the Sunnyvale…yes…
|
Bush
|
That was the date that he (Officer Glasgow) called to say it was a good auto theft report. And, that's not the original reporting date.
|
Avilla
|
[inaudible] …any additional suspects in there?
|
Bush
|
Josh Williams, uh, Koppen…slash Koppenhaver—he might have two names.
|
Avilla
|
C-O-P-E-N…
|
Bush
|
Uh, K-O…
|
Avilla
|
Oh…
|
Bush
|
P-P-E-N, uh, H-A-V-E-R. And, then, the…the second suspect, uh…there was another recording where, uh, a friend of theirs had witnessed them both in my stolen car at the time it was stolen, and he's saying, "I didn't know that it was stolen at the time, but, yeah, those two were in it." And, I knew they were. Um, one of the…his name was Jon Harrington…that… I don't know if he's listed in the report or not, but he might be. But, uh…
|
Avilla
|
[inaudible]
|
Bush
|
He was calling me the whole time saying, you know, "Well, if you destroy those recordings you have, " da-da-da-da-da-da, "I'll get your car back"—basically—and, all this other kinds of stuff. "I'll find where Josh is," da-da-da… And, the whole time he's calling me from my car, so…
|
Avilla
|
And, did you ever get the car back? Or, did they…
|
Bush
|
I got it back; but, uh, completely ransacked. I…they had slashed every seat in the car. They had dented…put dents in every quarter panel. And, they had [driven] it either into a pothole or over a speed bump so hard that it broke, like, a frame. I had to have the car…the car was actually in the shop almost a month after that. Um, they had to replace every exterior panel, um, [and] the entire interior. They took everything apart, and it cost me…
|
Avilla
|
And, you kept all of the receipts and…
|
Bush
|
I have everything. I have everything, yeah. So, yeah, it was bad; it was bad. And, um, but, yeah, there's a…a…a lieutenant or an Officer Falco report that happened probably five days before that. And, then, there's the Stuart Glasgow report, which has a supplemental to it, as well. So, there's just the…there's the initial auto theft report, and then you need to look for a second report, you know, there's two of them.
|
Avilla
|
Well, I'll just have them give me everything.
|
Bush
|
Okay.
|
Avilla
|
[inaudible]
|
Bush
|
Fine.
|
Avilla
|
[inaudible]
|
Bush
|
Fine. Alright, so I guess that's it, then.
|
Avilla
|
For now. Let me…let me pull all this stuff in and figure out exactly what this…we're dealing with…
|
Bush
|
Okay.
|
Avilla
|
[and get] the right people to look at it for you…
|
Bush
|
Okay.
|
Avilla
|
…because I don't have the legal mind, like I said, to be able to make sure that we've got all the legal hurdles and battles crossed so that we can…
|
Bush
|
Sure.
|
Avilla
|
…move forward with it.
|
Bush
|
Alright.
|
Avilla
|
[inaudible] investigative stuff that they still need done with it, or concerns, questions, on that end that would come back to either, uh, my staff or Sunnyvale has to follow it through, so, uh, that the attorneys can make a complete, uh, decision on what it is that they can or cannot do with it.
|
Bush
|
Okay. Perfect, perfect. Alright.
|
Avilla
|
I will get back to you one way or another and let you know whether that stuff is in and whether a decision has been made, if they've got questions for you, whether they need additional information or just that they, um, you know, want to get things to you, from you—whatever it is—so that we can…can make sure that we get this put to bed once and for all…
|
Bush
|
Sounds great.
|
Avilla
|
…and, squared away, alright?
|
Bush
|
I'm satisfied that things are moving on it, so that's great. Alright.
|
Avilla
|
Alright?
|
Bush
|
Alright. Thank you.
|
Avilla
|
You have my, um, phone number and my…
|
Bush
|
Thank you for this [holds up Avilla's business card].
|
Avilla
|
...contact number…
|
Bush
|
Okay.
|
Avilla
|
…and, I will get back to you… [inaudible]
|
Bush
|
Not a problem. Not a problem…
|
Avilla
|
Alright?
|
Bush
|
…at all. Alright, thank you so much.
|
Avilla
|
You're very welcome. Alright, sir. Alright?
|