THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA

Kay Kim,
Plaintiff, )
)
v. )
) Cause No. 1:08-cv-1644-SEB-DML
State of Indiana Attorney General, et al. )
Defendants. )

AFFIDAVIT OF CHARLES CHUANG

IN SUPPORT OF PLAINTIFF’S MOTION AND COMPLAINT
INCIDENT ON 05TH DAY OF OCTOBER 2008

1. My name is Charles Chuang. I am over the age of eighteen and reside in Marion County,
Indiana.

2. I have personal knowledge of the matters contained in this affidavit.

3. The law and by-laws of the VEC Home Owners Association allow all residents the
express rights to be at its common area. Patricia L has been constantly harassing Kay Kim by
calling the police on her even though no crimes has been committed. I witnessed the entire
incident. Kay Kim was peacefully reading the messages in her cellular phone while on the grass
area (common area) in front of Patricia L's patio.

4. Officer Shawn Smith, F227 and Officer Robert Lowe, F255 arrived at the common area
in front of Building 4250 Unit #3 at about 2100 hours. Officer Shawn Smith bluntly ordered
Kay Kim to move away from the common area without a probable cause. He further threatened
to arrest her if she does not go away immediately. Although it was an unlawful order she moved
to the handicapped ramp entrance. At this point of time, I saw Officer Shawn drew and pointed
his teaser gun at her without any reasons.

5. Scott Perry, a resident of Unit #8 then interfered by shouting at Kay Kim. He harassed
and intimated her. He ordered her to leave the area. On many previous occasions Scott Perry
has burst out in anger and Kay Kim felt threatened and intimidated. She has asked the VECHOA
Board members to inform Scott Perry not to talk to her and stay away from her.

Page 1 of 2
FED1 AFFIDAVIT of Charles Chuang f Plaintiff i Supp o Motions&Complaint incid on 05OCT2008 07JAN08
6. Scott Perry began video taping the incident after Kay told him not to talk to her. He
refused to stop and continued to order Kay to move away from the common area. He has no
right to tell another resident what to do in the common area. Scott Perry began an argument
although Kay did not provoke him in any way. The police was called before when Scott Perry
fought violently with his wife. I am apprehensive of Kay's safety in view of Scott Perry's
violent nature.

7. When I put up my car for sale Scott Perry took my car for a test drive and was very
interested to buy it. To avoid potential headache Kay Kim did not want to sell her car to our
neighbors. He then insisted that the car was not for himself but someone else not living in the
condo. We don’t want any hassle and decided not to sell the car. Since then my car has been
vandalized on many occasions. There were no vandalisms on my car before the sale and we
strongly suspect that Scott Perry is the culprit. When the police was called for the vandalism
they could do nothing because of there is no physical evidence. The police told us that our
neighbors do not like us.

8. Patricia L and Scott Perry talked about the “knife” incident which led to Kay Kim’s arrest
3 years ago. The criminal case is still pending in the Indiana Courts. Patricia L began telling
the police that Kay Kim had a knife in her possession. She also claimed that she was traumatised
by Kay Kim. The police "believed" her without any verification. Patricia L. left her doors
unlock most of the time and she used all kinds of gardening tools, which are potentially more
dangerous and deadly than a knife. A mailman was attacked with a gardening tool while
delivering mails in the VECHOA property. No arrest has been made even though a $50,000 cash
reward is posted.

9. Patricia L , Scott Perry, Officer Shawn Smith and Officer Robert Lowe have clearly
violated Kay Kim’s civil and housing rights. On previous incidents when people "camped" in
the common area outside my unit we also called the police. The police threatened to arrest Kay
Kim and we were reprimanded by the VEC Boards for disturbing people in the common area.

I affirm under the penalty for perjury that the representations contained in this affidavit are true
to the best of my information and belief.

Januanry 07, 2009 ______

Name: Charles Chuang
Address: 4250 Village Pkwy Cir e unit 2
Indianapolis, IN 46254
Phone #: (317) 522-5721