Friday, August 15, 2014

The Death Wish of a Demoniac: Fighting the demon-allied drug trade

This post is a draft—no, more like a mess; I have to take care to explain why I'm engaging the enemy through legal means, what's at stake, and why people—and not just demons—have to be in the line-of-fire (this is a constantly-asked question). Not only that, but I have to justify the monumental and life-threatening decision I've made to go this route, biblically. Beg pardon while I attempt to do that.

 Not only that, but there's just a lot to say about this problem, and writing about it coherently and cohesively for the audience member that may or may not already be familiar with the story is hard.

 So, what am I waiting for? I just sent out letters to neighbors and tenants of Ayala Apartments, asking them to weigh in their awareness of and injury by drug-dealing activity and related crimes at that location; I'll give them another week or two and see what happens.

 After that, if there are responses, I'll offer my data to the district attorney's office; if they don't take the case, I'll file it on my own.

 Update on September 10th
A tenant of the apartments in which a purported drug dealer is causing problems returned the declaration I sent to all residents similarly affected.

 Update on September 11th
A letter acknowledging receipt of the declaration sent to residents of Ayala Apartments, who are asked to provide testimony about their knowledge of drug dealing and other crimes occurring there, 

 Update on September 12th
Either the landlord or the manager of a drug-dealer plagued apartment building intercepted letters to fed-up tenants to avoid prosecution, or an inept post office just endangered the town with its inconsistently applied delivery policies.

 Update on September 14th
Added a video showing drug use and paraphernalia at Ayala Apartments, and, in particular, in the apartment manager's apartment. Towards the end of the video, the man in a demon-possessed shirt shouts for the location of a "pipe," before spotting it in front of him. He displays the pipe in plain view of the camera as he picks it up.

 Update on September 15th
Added an e-mail from the only tenant to return the declaration form stated that she was told by another neighbor that the manager of Ayala Apartments, David Ayala, stole the declarations I mailed to other tenants, which I suspected, as described in the September 12th update.

 Update on September 22nd
Filed a mail theft complaint, which is generally, a pointless, time-wasting effort; also, e-mailed the Santa Clara County District Attorney's Office regarding their participation this matter.

 Update on September 26th
USPS assigned this issue Postal Inspection Service Case #HQ119564141; called 877-876-2455 as instructed; waiting for response from the inspector assigned to the case.

 Update on September 26th
Contacted over 50 county district attorney's offices in California, notifying them of the pending suit, and requested information on any best-practices procedure for soliciting cooperation from the local district attorney.

 Update on October 3rd
Received a second declaration from a tenant of Ayala Apartments, indicating that they feel unsafe due to drug activity there.
Update on November 11th
Received reply and request for written response from the Santa Clara Police Department, which also stated that it had ordered an eviction at Ayala Apartments, and that, because the owners were not cooperating with the eviction, that the police department was preparing to obtain a court order fining them.

 Update on November 18th
My response to the Santa Clara Police Department, after having received a request for assistance in their nuisance-abatement efforts.

 Update on March 27th
Officer Tyson Green, Santa Clara Police Department, contraindicates by e-mail my nuisance-abatement suit against Ayala Apartments on the ground that the subject of the suit, David Ayala, manager, was evicted-in-fact by the aforementioned officer by court order, as previously stated. Case closed.
NOTE | All updates are appended to the bottom of this page.
While I am in Indiana [see Back home again to Indiana], I'll be preparing for the dissemblance of demonic strongholds, starting with one of the places I described as "demon-infested" in PLACES | Demon-infested homes, specifically, Ayala Apartments, located at 1355 Jefferson Street, in Santa Clara, California:

Ayala Apartments (center), which may be designated as a "drug house" nuisance by the California Superior Court



The following are some of the posts that describe demonic activity occurring there:

As implied on this blog, while demons may be everywhere, there are hot spots of demonic activity; and, usually, those places specialize in the kind of heinous, violent acts that are recounted here. Not only is drawing attention to this fact the responsible, morally correct thing to do, but so is attempting to shut those places down.

To that end, I am preparing a "drug house" nuisance lawsuit against Ayala Apartments, as they are owned by the parents of the man living in the apartment where the demonic activity was documented. Here are the legal documents prepared to-date:



NOTE | The documents are drafts; you can view the attachments here. If you are unfamiliar with what nuisance abatement lawsuits are, read this.
Assimilation, adaptation of demonic powers for own use unacceptable alternative to lawful justice
This more peaceful, lawful means of fighting evil is where most of my energies should be spent. Even if I were able to assimilate and adapt the power of the demons and their people for my own use (ahem), it would not negate the fact that true justice is not gained through wrong use—or the wrong kind—of power.

In the words of Captain James T. Kirk (Star Trek: Into Darkness):
There will always be those who mean to do us harm; to stop them, we risk awakening the same evil in ourselves. Our first instinct is to take revenge when those we love are taken from us, but that’s not who we are. To honor those who have lost their lives, we must remember who we once were, and who we must be once again.
Moreover, justice is never defined by people. It is a standard established by God, and should only be meted out by God. In my case, and as proven throughout my history of fighting this problem, I have sought to bring justice through legal means only—means that are grounded in the same principles and moralities as those of the courts [see my scribd.com page].

Although, I have failed, time and time again, I am encouraged to keep going forward by the words of God:
Recompense to no man evil for evil. Provide things honest in the sight of all men. If it be possible, as much as lieth in you, live peaceably with all men. Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord. Therefore if thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head. Be not overcome of evil, but overcome evil with good.
How to achieve that, of course, is through Christ:
How much more will the blood of Christ, who through the eternal Spirit offered himself without blemish to God, purify our conscience from dead works to serve the living God.
— Hebrews 9:14 
Only He can keep me (and others) from the temptation to give in to evil—to fight back by and through means only the Devil would approve of; and, only He reminds me that someone out there (or up there) cares, and that I should do the same. In other words, I shouldn't just do this for myself, but for others, just as Christ does this for me. After all, I'm not the only beleaguered by demons, to be sure [see PHOTO | Sucker demons pull on dog ears, too].

Support, testimony sought by tenants, neighbors of Ayala Apartments
This was the letter mailed out today to tenants of Ayala Apartments; a slightly different version was mailed to a couple of the neighboring houses, whose addresses were found in the police reports:


Some of the recorded drug-dealing activity is, in part, heard in the following video (but does not constitute the collection of recordings in their entirety):








The response, even before the letters reached to their intended recipients, was about four voicemails:

Four successive voicemails left by the manager (and owners' son) of Ayala Apartments
Here's the one of most interest:

Following is a rough transcript of the preceding voicemail message:
James, I can’t believe how dumb you are about trying to put all this paperwork about my address...and claiming that there’s a nuisance at my address—that’s really stupid.

 You’re the one who is a drug addict, coming to my house for drugs—and, I don’t do that anymore. [inaudible] You used drugs at my house. Just because I know people who, uh… I know a lot of people who have been in and out of jail that come to my house, and you’ve gone to them, behind my back, for drugs—behind my back—when that’s totally out-of-line…and I don’t even do drugs anymore. And, uh, you’re the one who’s a known drug addict.

 So, anyhow, give me a call, James. Uh, I hope you get your meds; or, you need to take meds or something, especially with the stuff that you post about the demonic stuff. That’s pretty wacky! Maybe you’re the one involved in some sort of demonic something…I don’t know! Weirdo stuff! But, anyhow, I’m surprised that you’d still be in contact; that’s terrible! So, give me a call, James; maybe I can help you out, and talk to you, and get you some help—get you normal, or straight, or… Just give me a call. Bye!
This voicemail is not the first to threaten consequences; in 2007, I received a voicemail from the same person right after I published, Night of the Gun Chase, a podcast video that described the circumstances surrounding my attempted murder at my former home in Sunnyvale back in 2006:
Another voicemail by the same person in 2007 [see Night of the Gun Chase]

Following is a transcript of that voicemail:
Remember Marty? [I didn't then; and, I still don't] He was the one at my house this morning. I knew your web site looked familiar; that's one of his homeboys [Paul Casey]. Yeah, he's the one who's coming back to gas you out.
Residents respond to call for injury claim
So far, two residents—one current and one former—have indicated their willingness to participate in the suit:
  • On September 9th, a former resident called me, stating that she was ejected from Ayala Apartments "for complaining too much about drug dealing," and wanting to know if she could make a claim for injury, and whether other former residents could make a claim, as well; and,
  • On September 11th, a current resident returned the declaration form attached to the letter, indicating her awareness of and distaste for the drug dealing still taking place at Ayala Apartments:
This was my response to the above:

 Obstruction of justice, postal service policy inconsistency or tenant solidarity?
On September 12th, the postal service returned half of the letters I sent to tenants of Ayala Apartments back as undeliverable:

Six letters were returned due to "insufficient address[es]," all second-floor, all following the number of the apartment occupied by the manager, #8
There are three possibilities as to why:

  1. At first, I assumed that, because I did not supply the tenant's name—instead substituting it with "Resident (Ayala Apartments)"—that the post office returned them as unauthorized junk mail. After all, they all came back at the same time. But, then, I asked myself, if the post office returned some letters, why not all of them? I know for a fact that several people received their letters because I heard back from them (the former resident who called me stated that several current residents had spoken with her); so, why were just these returned?
  2. My next guess was that either the landlord or the manager swiped the letters that were not yet picked up by the tenants, and then marked them for return. But, then, why not simply throw them away?
  3. The last (but most unlikely) possibility, then, would be that the residents of those particular apartment units jointly decided to return the letters, knowing the contents, as a means to collective disagreement. They collectively assault people using and in conjunction with demons, and the police reports imply that some of them also are involved with drugs, and that they have committed crimes that are likely related to drug use [see Crystal methamphetamine use common denominator among demon-led local terror groups; see also READER | Crystal meth addict lauds mention of connection between demons and drug]. However, this scenario is unlikely given the similarities of the IA inscriptions on each letter, in that they were clearly written by the same person, and not each individual tenant to whom the letters were addressed.
All IA inscriptions on each envelope match, indicating that it was one person who made the call to return the envelopes—not the individual tenants to whom the letters were addressed
Conclusion: most signs point to an inconsistently applied postal service policy; but, interception by a worried landlord and/or manager is almost equally likely.

Tenants of Ayala Apartment claim mail theft by manager
On September 15th, I received an e-mail from the only tenant to return the declaration form, stating that s/he was told by another neighbor that the manager of Ayala Apartments, David Ayala, stole the declarations I mailed to other tenants, which I suspected, as described above:

An e-mail from a tenant of Ayala Apartments, fingering David Ayala for mail theft and obstruction of justice
I haven't yet decided on what to do. There aren't many options, other than to mail another letter or declaration. I'm considering sending a stack of letters to the tenant who sent the e-mail above, and then requesting that they hand-deliver them.

Mail theft complaint filed with United States Postal Inspections Services
Although, generally, a pointless and time-wasting effort—at least based on my past experience—I filed a complaint for mail theft on September 22nd against the person accused by others of interfering with the delivery of mail, as described above:

A complaint for mail theft against David Ayala, manager of Ayala Apartments, was mailed on September 22nd

I doubt much will come of this; but, every base must be covered; and, the judge in this case will want to see that steps were taken to exhaust all remedies prior to litigation. So, before an accusation can be made against the defendants about obstruction of justice or some other allegation that suggests they were attempting to avoid a legitimate complaint being brought against them, I have to have proof that I complained about everything wrong everywhere that takes such complaints; otherwise, the judge will not consider the allegation, because it is not appropriate to turn the court into an investigative agency.

Santa Clara County District Attorney invited to take reigns in nuisance abatement suit
With all the legwork having been done, I decided now was the best time to ask the district attorney's office to pursue this matter on their own, as it more appropriately handled by them, anyway:
Strangely enough, the contact person for this request is the same paralegal advisor mentioned in Demons use D.A., police to protect those who commit crimes for them, so this might provide an interesting twist to the this story.
NOTE | Hopefully, though, everyone will simply do their job for once, and things will go as they are supposed to—for once—and all will be well—for once.
Off to a good start is the Santa Clara Police Department, who acknowledged receipt of their copy of the above e-mail:
Santa Clara Police Department acknowledged their receipt of the e-mail sent to the Santa Clara County District Attorney, stating that it was forwarded to a department specifically detailed for handling nuisance complaints such as the one described in this post
California county district attorney's offices pressed for advice
Today (September 26th), I contacted over 50 county district attorney's offices in California, notifying them of the pending nuisance abatement suit by e-mail; I also requested information on any best-practices procedure for soliciting cooperation from the local district attorney, i.e., the Santa Clara County District Attorney:


Tomorrow, I will notify the sheriff's office in every California county of my intentions, requesting any advice or support they can provide in my endeavor.

Second tenant declaration returned
A second tenant returned their declaration on October 2nd, which stated that they felt unsafe due to drug activity (however, they wanted no action taken to abate it, surprisingly):
Santa Clara Police Department indicates participation, describes action by e-mail
On November 11th, I received an e-mail from Officer Ty Green at the Nuisance Suppression Unit of Santa Clara Police Department, describing past steps the department has taken action to abate the nuisance, and the additional steps it will take in the future:
An e-mail from Officer Ty Green at the Nuisance Suppression Unit of Santa Clara Police Department
Specifically, the police evicted certain tenants that were involved in drug-related activity at Ayala Apartments, and are planning to issue a fine against the owners for maintaining a drug-house nuisance—which is the whole point of the nuisance complaint now being assembled, and which is shown in this post.

The officer who wrote the e-mail is requesting from me written specifics of my issues with the owners and the property manager, and is also asking for the contact information of those who contacted me with their complaints.

My response to the request for help SCPD's nuisance-abatement effort
My e-mail response to Officer Tyson Green's request for help in SCPD's nuisance-abatement effort, sent on November 18th:
Any explanation of how I have been detrimentally impacted by drug activity and related crime at Ayala Apartments would be complicated by descriptions of bizarre acts and circumstances that facilitated (and was accompanied by) harmful criminal conduct, which, although pertinent and necessary to it, exceed the scope and requirements of your initiative, and, from a legal perspective, are not proof of elements to establish a cause of action for abating a nuisance; however, because this conduct is (and was) facilitated by not just drug activity or its location, but by an inextricable link between the two, any solution must both abate the activity and shutter the building simultaneously to end the crime and injury now lacking a venue for complaint. 
I do not now live—nor have I ever lived—in the vicinity of the apartments, and am precluded from claiming any of the injuries inherent to tenants and nearby residents, which are the kind of injuries considered by the court when seeking monetary damages. I'm bringing my suit on the ground that, as a citizen of Santa Clara County, I have a legal right to abate a drug house nuisance within its borders by compelling criminal prosecution and closing the building, while covering relocation expenses for tenants—but nothing more. 
In sum, although we are working the same solution for the same end, we have very different reasons. I have no legal ground for an injury claim; rather, I am exercising a state right to maintain a health & safety standard within my community, having been compelled by the injurious crime facilitated by the drug activity at Ayala Apartments, but which has no legally defined or recognized connection to it. 
Unfortunately, I misled you in my eagerness to provide a positive answer to your initial e-mail—I am always eager to help with whatever—and haphazardly implied by my eagerness that I could provide you with a letter describing how I was personally affected by the conduct complained of in a manner suited for your needs, when all I can provide is help with rallying tenants and nearby residents for such letters. 
To that end, I can point you to two tenants of Ayala Apartments who swore by declaration their knowledge of drug-related activity there and the existence of their injuries therefrom, and who also indicated their willingness to participate in court and police intervention of said activity. 
In preparation for my nuisance abatement suit, I sent a form declaration to 16 apartment units in and around apartment #8 (which used to be apartment #1), which enabled them to attest to their awareness of, injury from, and willingness to participate in the abatement of drug activity in their building for the purposes of establishing Ayala Apartments as a drug-house nuisance within the meaning of the law; one person called, but these two filled out the declaration form and returned them to me, I’m sure they will sign any letter you draft on their behalf: 
  • [name & address withheld]
  • [name & address withheld]
[Tenant A] specifically stated willingness to work directly with law enforcement on this issue, and can be contacted by e-mail at [e-mail address withheld]; [Tenant B] stated health and safety concerns upon having been informed of drug activity, but declined to request police and court intervention. I lost the contact information for the person who called me directly; but, I may be able to recover this former tenant's number from my phone records. 
I would not say that only two tenants are interested, as over half of the declarations were intercepted by the manager of Ayala Apartments, David Ayala, who returned them undelivered to their intended recipients [Postal Inspection Service Case #HQ119564141]. Statistically, you should be able to get direct support from one out of every three tenants. 
Let me know if there’s anything else I can do, including filing my suit before you do, so that you can see what their defenses are, and then prepare your complaint in a way as to head them off at the pass (it’s called prima facie).
Officer Green's five-minutes-later response:
Santa Clara Police Department successfully evicts Ayala Apartments manager
According to Officer Tyson Green, Santa Clara Police Department, the manager of Ayala Apartments, David Ayala, was in fact removed from his apartment, thereby negating the use for a public nuisance abatement suit. Here is the correspondence between me and the aforementioned officer:
Intending to (finally) put a dent in the smooth operation of the Army of Darkness, specifically, by uprooting a stronghold of theirs in Santa Clara......I contacted Officer Green, who stated the same agenda late last year; as it turns out, he executed his plans with success......thereby negating the need or use for a nuisance abatement suit that would have shuttered a demon-allied drug house formerly at Ayala Apartments
I'm not sure what impact this has had now that what I once considered a demonic stronghold has been shuttered, if any; the point was to exhibit the willingness and ability to exercise legal consequences for the encroachment of demons and their people on my end. The willingness has obviously been demonstrated; the ability would have been (or should have been) demonstrated, as well.

Now, with that opportunity gone, the message has not been sent—not exactly constituting a failure by any interpretation, but leaving it for another time, another way, another place and, perhaps, on behalf of someone else.

This particular matter, however, is closed.

Update on March 29th, 2015
As per the USPS investigation of mail theft: as usual, no response from any investigator on the issue at all. This is not surprising, as I have had several mail theft cases, sometimes with willing testimony from eyewitnesses and police reports related thereto, and, nearly every time, the USPS cannot even recall records of any investigation being requested.

Being proactive is frustrating: it takes two or three calls to two or three places over the course of two or three days to talk to someone in their investigation unit, who, in the end, will simply resubmit your complaint—from scratch—once your original cannot be found.

As you can see from this post, there were two eyewitnesses, plus the actual illegally acquired and redirected mail, which would have been evidence enough alone; the only party interested in doing this would be the subject of the letter, who was the subject of a pending suit.

Since 'insufficient evidence" would not be a viable excuse, apparently, USPS just decided to ignore the complaint altogether.
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