I
feel insulted, provoked, infringed on my first amendment right and discriminated!
I have
asked to Sheriff Tom Sheahan for help while all this was happening to
me. He was walking by in the moment of the alleged assault...
he just ignored me. I've been intimidated to shut down my camera in a
public place by a County Employee, I have been allegedly assaulted and
singled out for wearing a hat... Is this America??
Watch the video, read the statement. You decide.
August
12th 2010 - CASE CLOSED
According to Mohave County Sheriff and the County Attorney office no crime
was commited and textual words of Lt. McKie
"Maybe Luca was trying to provoke him also (the Security Manager)".
Of course Mr. Prince was the one that approached me first while I was
minding my business.
Mr. Prince states in the Sheriff report that I was getting "loud"
so he took a defensive position and hit my camera because he thought that
I was going to hit him.
You watch the video and you decide.
Read Report Page
1 - Page 2
- Page 3 - Page
4
My statement for the
Sheriff Office
August 2nd 2010 around 9.00 AM Mohave County AZ
I was relaxing at the entry of the Board of Supervisor room in Kingman
AZ waiting for the meeting to start while out of the blue I have been
approached by an unknown man that identified himself as the security coordinator.
He asked me to remove my USA cap. I politely refused, reminding to this
person this rule has been and it is selectively enforced according to
evidence of videos and witnesses. I asked him why he was singling me out
and selectively enforcing this rule on me. Then he ordered to turn off
my $2500 video camera violating my first Amendment while with an abrupt
movement of his arm he tried to shut it down and he did touch my hand
that it was holding it. If you can listen to the conversation from the
video, I have been talked down like a child, I was told that I was trying
to create a scene, and I was humiliated in public for no reason.
On top, I was not even inside the BOS room at that moment, so I was not
even breaking any of this selectively enforced hat dress code.
I don't know this person. All I know that I was minding my own business,
in peace, doing no noise, breaking no law, disturbing nobody. I feel that
this county employee discriminated me, trying to infringe on my first
amendment right ordering to shut down my video camera with no authority
or law, but just under color of law, color of authority and physical intimidation.
He told me that there are ways to go around these rules (dress
code). I told him that I did not want to go around the rules
and I told him that I was ready to leave the building if he felt I was
breaking any laws. I felt and I have evidence according to my video that
I was singled out since there were several people in the BOS room with
hats and they were not being asked to conform to the hat dress code.
According to my experience I believe that the Security coordinator tried
to provoke me for a physical confrontation.
If it was not for my peaceful behavior the interaction could have ended
in a different way. He questioned me with no legal authority if I had
children and if I did follow my mother orders, comparing the Supervisors
to my mother.
An insult that I had to swallow along with my pride.
Important note: in the middle of all this, Mohave County
Sheriff Tom Sheahan was walking by in front of me. I asked him for help
for the matter. He just ignored my plead, mumbled something like I
will read the report and he continued to mind his business walking
into the BOS room.
Luca Zanna
August
4th 2010 MCSO Criminal Complaint case # 10-027645
Around 4.00 pm August 4th 2010 I have filed a criminal complaint against
"unknown" person that identified himself as Mohave County Security
Coordinator on video. He allegedly assaulted me and intimidated me in
the free exercise of my first amendment rights.
The report was taken by Lt. McKie that acted very professionally. In my
opinion these are laws that have been allegedly broken
I will keep you posted as I receive the updates from the Sheriff office.
Luca Zanna
1.
Intentionally, knowingly or recklessly causing any physical injury to
another person; or
2.
Intentionally placing another person in reasonable apprehension of imminent
physical injury; or
3.
Knowingly touching another person with the intent to injure, insult or
provoke such person.
B.
Assault committed intentionally or knowingly pursuant to subsection A,
paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant
to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph
2 is a class 2 misdemeanor. Assault committed pursuant to subsection A,
paragraph 3 is a class 3 misdemeanor.
UNITED STATES CODE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES CHAPTER 13 - CIVIL RIGHTS
§ 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate
any inhabitant of any State, Territory, or District in the free exercise
or enjoyment of any right or privilege secured to him by the Constitution
or laws of the United States, or because of his having so exercised the
same; or
If two or more persons go in disguise on the highway, or on the premises
of another, with intent to prevent or hinder his free exercise or enjoyment
of any right or privilege so secured -
They shall be fined not more than $10,000 or imprisoned not more than
ten years, or both; and if death results, they shall be subject to imprisonment
for any term of years or for life.
§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom,
willfully subjects any inhabitant of any State, Territory, or District
to the deprivation of any rights, privileges, or immunities secured or
protected by the Constitution or laws of the United States, or to different
punishments, pains, or penalties, on account of such inhabitant being
an alien, or by reason of his color, or race, than are prescribed for
the punishment of citizens, shall be fined not more than $1,000 or imprisoned
not more than one year, or both; and if bodily injury results shall be
fined under this title or imprisoned not more than ten years, or both;
and if death results shall be subject to imprisonment for any term of
years or for life.
"State officers may be held personally liable
for damages based upon actions taken in their official capacities."
Hafer v. Melo, 502 U.S. 21 (1991).
Bullhead
City Bee article "Supervisor Sockwell Threats"?? "Sockwell
expressed concern that the recall supporters might cross the line in the
future.
"One of these days, these people are going to go off the deep end
and they're going to find themselves in a whole bunch of trouble if they
keep this up." Sockwell said.
"There is no sense in this."
Read
the end of part 2 July 16-22 2010 Part
1 - Part
2
July
30th 2010 Update
from the Sheriff office regarding Threats from Sup. Sockwell
I
have spoken over the phone with Lt. McNally regarding my complaint against
Sup. Sockwell for Threats and Intimidation as his statements in the
Bullhead Bee NewsPaper of July 16 2010 in violation of the Arizona Revised
Statutes §13-1202 Threatening or intimidating.
This
is what was said:
8:45
am
Lt. NcNally : Yes Sir, I got the case from the Deputy that you had come
in to file a suspicious report regarding Sup. Sockwell.
We are closing that because there is no crime that has been committed,
and I would suggest you need to find out what Sockwell meant by his
remarks by giving his office a call directly yourself and ask him what
he talking about in the newspaper.
Luca:
That is why we have a Sheriff Dept., I should not have to go to someone
directly that has potentially committed a crime, I didn't know I was
supposed to do that myself, that is why I filed a report, Sockwell intimidated
and threatened me, Did you talk to Sockwell?
McNally:
No we did not speak to Sockwell.
Luca:
Excuse me but then why do we have a Sheriff's office?
McNally:
I do not want to get involved in this conversation as far as why we
have a sheriff's office. I am just telling you we closed the case.
Luca:
As a tax payer, I am not happy, I do not want to deal with this myself,
I thought the sheriff would be the one to investigate this>
McNally:
OK, I understand your position, and at this point the investigation
has been closed.
My
conclusions: Since the sheriff office has just admitted that it won't
even ask to Supervisor Sockwell about his alleged threats, and I must
conclude that we are left on our own to defend our rights and our persons,
I please ask to the Media and our elected officials Sen. Ron Gould,
State Rep. Nancy McLain, State Rep. Doris Goodale to ask to Supervisor
Sockwell what he meant when he stated in the Bullhead Bee :
"Sockwell
expressed concern that the recall supporters might cross the line in
the future. "One of these days, these people are going to go off
the deep end and they're going to find themselves in a whole bunch of
trouble if they keep this up." Sockwell said. "There is no
sense in this."
Around 10.30 am I have left a message to Sheriff Sheahan assistant Debbie
Fransen to have the Sheriff return my call for explanation. I did not
get any call back at this time.
July 27 2010 Updated News: Complain Filed
vs Sup Sockwell with Sheriff Office for Threats and Intimidation
I have filed a complaint with Officer Merrymer against
Supervisor Tom Sockwell for Threats and Intimidation according to the
ARS 13-1202. The lady officer was very professional and corteous.
She read the article of the Bullhead Bee and she copy and paste the final
part in the report with Sockwell statement.
She did call over the phone Reporter Dave Hawkins that confirmed the authenticity
of Sockwell's statement. "Sockwell expressed concern that the recall supporters might cross
the line in the future.
"One of these days, these people are going to go off the deep end
and they're going to find themselves in a whole bunch of trouble if they
keep this up." Sockwell said. "There is no sense in this."
She also verified that the Bullhead paper was in the jurisdiction of the
sheriff dept.
The report will be available within 2 days and I will publish a a copy
of it on this page.
She is forwarding the case to the County Attorney office where he will
decide on what to do. My concern is not just for my person, but also my
wife and all the other volunteers of the recall sockwell effort. As law
abiding Citizens exercising our first amendment, we find disturbing the
threats of Supervisor Tom Sockwell.
This type of behavior belongs to a third world dictatorial country, not
to America, not to a public servant that should have an higher standard
among us.
What does Sup Sockwell mean when he says "they are going to
go off the deep end?"
What means deep end? the end of a lake, the ocean? or what?
"they're going to find themselves in a whole bunch of trouble?"
What type of trouble? and why? and who is going to give us trouble?
"if they keep this up."
Does he mean if we keep exercising our right of freedom of speech and
redress our grievances?
I appreciate all the help of the media, our Sheriff Dept. and Elected
Officials Sen. Ron Gould, Rep. Nancy McLain, Rep. Doris Goodale in getting
clarification in this very disturbing episode happened in Mohave County.