Transcript of Conversation

between

James Alan Bush

and

R
At the request of Avila, Bush provides the same information available in the police report to her about an auto and credit card theft, which occurred nearly five years ago; to-date, the District Attorney has done nothing with the case, even with the admission of guilt by the thieves and the statements of three eyewitnesses

Michelle Avila

F
Investigator for the Santa Clara County Office of the District Attorney

Transcript Avila Bush Avila Bush Avila Bush Avila Bush

Bush and Avilla [inaudible] ...uh, behind the scenes [inaudible] that you had been talking with Mr. Reyes. Right, right. And, there was a communication breakdown, having to do with... Yeah, well, you know

And, so, I need to figure out what the situation is [inaudible] stolen vehicle...

And taken from you?

Avila Bush

But, you found subsequently that it was?

Avila Bush Avila

D
Oh...

September 23rd, 2011 9:23 a.m.

I, uhbyincidentally. I was, like, Wow! Finally they did something about the problem. Because, it wasnt 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 thein the police report that were talking about, but, uh, their grouptheir gangthey had a name; I think it was called D.F.M. or something like that)anyway, um, theyd wiped me completely clean. I mean, they took everything over the course of those months. And, umbut, this is, as far as I know, um, the only report Did you know these people, or, how did they target you? You know, II think they just found [inaudible]. I think that, uh, they might have gotten my name from, um, my mortgage company.

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 attorneys office. So, I didnt even know it was sitting here; but, when I, um...

Andand, stolen credit cards and money andand other propertyall-in-one...

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Transcript Bush Avila Bush Avila Bush Avila Bush

Bush and Avilla Yeah, um, theytheyre involved in kind of a lot ofnot just small thingslike little thefts and stuff like thatbut also some big things, too, [as] I found out over time; but, um And, how did they end up with your car? [clears throat] Howd they what? End up with you car?

Well, on that night, keysuh, the keys were stolen from my house.

Yeah. And, they hadthey 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 peopleeven when they were caught red-handed in my car twicethey were never arrested. Oh.

Avila 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 methinking it was just a conversation between the two of uswhat had happened, who was involved, and why [and] all this other stuff. And, so

Bush Avila Bush

D
Avila

September 23rd, 2011 9:23 a.m.

R
Okay.

Avila

You had some type of relationship with them? Was there business or anything that you could make that call [inaudible]... Iwell, you know, I knew people who knew them.

And, so, you know, I had to really work that angle andand try to get, like, phone numbers and establish communications because II just wasnt getting help from police. They were not being arrested. They were just being admonished constantly. And, so, Sunnyvale wrote a full report

Okay.

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Transcript Bush

Bush and Avilla This time, they did. At first, they wrote it off as, uhas, uhthey I had given the keys to the person. That was, uh, the original report statement by, um, I guess its, like, Officer Falco, or something like that. Officer...

Bush Avila Bush Avila Bush Avila Bush Avila Bush

Uh, not on me.

[stutters] I can probably find it under your name. Its James, correct? Thats correct. James Bush. Officer Glasgow, however, who did a It would have been February of 2006?

Well, no, thats when everything started; but, the actualthis particular incident were speaking of now happened in, uh, I was thinking the end of June of 2006, I think

Yeah.

After they [inaudible]

Voicemail Monday, June 12th, at 8 Bush June 12th.

September 23rd, 2011 9:23 a.m.

I believe so. And, it wouldnt 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 thats what held it up initially, is that the original officer who took the report justhehehe 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. Ill have to turn this up for you so you can hear it.

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Of 2006?

Avila

Do you have the Sunnyvale PD case number?

Transcript

Bush and Avilla

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 goodgood, uh, auto theft. Um, if you can give meus a call at Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Alright, you get the idea. Did you [inaudible] fill out the report, and sign, and

Everything. Everything. And, unbeknownst to me, they did not, uhor, they forwarded it to the district attorneys office. [inaudible] Sure.

No problem.

If I didnt answer that, theyd keep calling me back. Not a problem. So, anyway

September 23rd, 2011 9:23 a.m.

R
Right.

So, a police report was filed, and everything happened Right. And, then, it sat here and nothing happened. The keys were not in the car, I take it? Something happened

But, then, your, uh, concern is that it has not gone to prosecution, that something has happened along the way, which is

[inaudible] [answers phone] Mm-hm. Okay. Okay. Perfect, thank you very much. Bye. [hangs up phone] Im so sorry, sir.

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Transcript Bush

Bush and Avilla Yeah, so, you know, it just sat here, and the problem isis, you know, because I recorded them doing things, and because I filed police reports and put them, as they say, inat risk of exposure to criminal prosecution, I still have not slept a decent night since. I mean, I haveto this daybeen, you know, harassed, vandalized, assaulted, what-not You think by these same people that

Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush

Absolutely by these same people, and the people thatthat work with them within their group. I dont know, I feel likeis it a Norteo offshoot? On that issue, I would make sure that youre still filing police reports... Yeah, yeah, yeah, yeah...

separate and aside from whats going on today; and, try to figure out, if there [are] still things going on

and youre being threatened, harassed [inaudible], you need to make sure that youre filing reports. [inaudible] you do that, your safety is, of course, number one. Right, right, right... [inaudible]

Avila

September 23rd, 2011 9:23 a.m.

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 wasnt just that recording; it was also the one where these, uh theres two suspects, but only ones listed. But, um [inaudible] Josh is one of the persons involved, and he admits it right here. And, how is [inaudible] this recording?

Yeah

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Transcript Bush

Bush and Avilla 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, youre outside of the 1 to 3 year statute of limitations on this. So, we cant prosecute it beyond that. Which, in general terms, is Correct. that is correct. Right. Now, there is a six-year statute of limitations that applies to any offense that may, umthat 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 committedits not just the auto theft; theyre trying to focus only on the auto theft, but it was also the credit card access And, is that all included in that legal... 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 dont know if youre 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 theyre talking about their gang and their affiliation and what their group does, and da-da-da-da-da I said, Theres 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, thats That ones not as easy to interpret as justdepending on how much time [inaudible]. So... Right, right. [inaudible] Right.

Avila Bush Avila Bush

Avila Bush

Avila Bush Avila

D
Bush

September 23rd, 2011 9:23 a.m.

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Transcript Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush

Bush and Avilla and, some of those have to do with current, ongoing, um, uh, criminal activities [inaudible] to speak to you... Right. but it also has to do with the dates that, um, activity is discovered, because that Right.

[inaudible] statutes. Theres all kinds of different pieces to it, and Im truly not the legal, uh, mind of the operation here. Im on the investigative side; so Great.

what my job is, and my crew, including, um, Reyes Mm-hm

is to take the initial reports that are brought in by the agencies and all the police departments Mm-hm

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

D
Avila Bush

September 23rd, 2011 9:23 a.m.

R
Oh, it did?

Yeah, well, Moises explained all of this to me very well, and I accept it and its fine. IIIyou 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 cant argue with the law. Itsobviously, hes correct in everything he said. The only that I found, uhI dont want to use the word unacceptablebut, 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. Well, I can tell you that that has happened.

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Transcript Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila We sent it up to I did not even know that.

Bush and Avilla

Okay. the supervising attorney of the, uh, Gang Unit

um, who is then going to be pulling this, uh, old case Alright.

Okay.

this, uh, and I didnt 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 Doughertywho is the supervisor.

Avila Bush Avila Bush Avila

September 23rd, 2011 9:23 a.m.

R
James. Okay. Um Oh, really? but, I dont that, uh, any decisions have been made yet Page 9 of 17

Bush

Oh, wow!

uh, in whichI dont know if its 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

Okay.

um...

Transcript Bush Avila Okay.

Bush and Avilla

Bush Avila Bush

Okay, okay. So, then well send it back.

Avila Bush Avila Bush Avila Bush Avila

How bout if I do this for you? Sure.

D
Bush Okay.

September 23rd, 2011 9:23 a.m.

R
Okay. Okay.

Let me, um, go find the original complaint that you made

and see if thats here or if I need to go back to Sunnyvale

and have them send over whatever it is

Okay. Alright. Well, I have probably, uh, over a hundred hours of recordingsnot all of them all on this issuebut, II dont want them making the determination without actually consulting with me first and saying, Heres some difficulties [stutters] were having with with pushingpushing this through, uh, as you wanted, and do you have, or, What we would need, or what were lacking You know what Im saying? Because I have spent so much time with this issue [that] I cant imagine not having anything that they need to go forward. If [inaudible] comes and says, You know what? Thethe officer didnt collect enough evidence along these lines, [or], You didnt make that claim back then, or, He didnt 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

T
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only because [inaudible] we dont 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.

Transcript Avila Bush Avila because I dont if we truly have it Okay

Bush and Avilla

Bush Avila Bush Avila

Okay. help both of us understand. Alright, alright.

Um, I know that the e-mails went back and forth to, uh, Mr. Dougherty. I dont know if, in fact, any decisionsIm quite confident no decisions have been made yet; otherwise, I would have gotten the indication that [inaudible] Alright.

Bush Avila

um, I need to find a report, so, um, I will go find what Moe has doneMr. Reyesand 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

Avila Bush

D
Avila

September 23rd, 2011 9:23 a.m.

Bush

Please!

be sure that Mr. Dougherty knows, and I can try to set up either, um [sighs] Ive 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 cant help you. I mean, knowing what I know and knowing what I have that could have made it workyou know what Im sayingbut, it wasnt asked for. That would be... You have to understand that even if it reviewed and somethings comes up and they say that they cannot do it

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and, um, Mr. Reyes, has already been doing some of that because hes been giving me copies of the e-mails [inaudible] telling me what youre dealing with herewhere are we atso that I have, uh, a bit of information to try to

Transcript Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Yeah

Bush and Avilla

sometimes there are things that All of us think that it is truly a good casethat its a prosecutable case Yeah, yeah, yeah But, they wont do it. Right? but, theres no way that Thats fine.

Thats fine. Thats fine. [inaudible] understand that

or to be able toto work through some of those issues Thats fine.

D
Bush

September 23rd, 2011 9:23 a.m.

R
Sure. Great. Alright.

and, our office will only find that theres [inaudible] that truly can be usedtheres criminal activity thereand

[inaudible] lots of [inaudible] cases.

That doesnt mean that thats whats going to happen with this because I cant tell you that. I havent

Right, right, right.

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youre going to be able to

Transcript Avila Bush Avila Bush looked at it. Sure. Alright.

Bush and Avilla

Alright, sounds good. Um, so Yeah, thats fine, I guess. Uh, and, just to let you know again, the, you know, just besides [inaudible] and what-not, its 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.

Bush Avila Bush Avila Bush

Yeah. Iyeah, yeah, yeah.

Seriously, every day that something is going on like that, you need to be sure to properly report it. Yeah.

I mean, your safety is number one. Um

D
Avila

Its just the pattern of harassment more than, like, safety. I mean, I havent been injured since 2008; but, you know, its just constant Its just constant, uh, you know, crap, really. And, its justII feel like Im 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 dont see any end in sight. And, um, I just wanted the tide to turn in my favor just this once, you know what Im saying? So, its kind of like ImIm really pushing to make this happen finally. I mean, I would have been more on it before, but it wasthey left me, you know, completely destitute. And, therethosemy survival needs were the primary goal for me at that time, and, now, you know, now that Ive got a little bit of breathing room, maybe I can start, uh, taking care of this problem. You know, thats what Im looking for. Well, let me leave this with you, then [hands Bush a business card].

September 23rd, 2011 9:23 a.m.

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Avila

Thats what Im saying. Those things, you need to be reporting

I dont know enough about what is going on.

Transcript Bush Avila Bush Avila Bush Okay, great.

Bush and Avilla

What I will do is, I will get the report, make sure that it is in here, and that it is properly reviewed Got it.

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]

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 seeif you dont see something like this, then you will need to contact me [plays media file for Avila]. (Media file: [voice of Jonathan Harrington] We were told thats, likethats three different affiliationsthree different racesthat have come to, uh, to not protect you, but to exploit you. [voice of Jonathan Harrington again] Theyre actively making it so you cannot sell your home, and [are] driving you into the ground eveneven 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] Im gonna fuck youIm gonna fuckwhere 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] Okay, what is this about? [inaudible]

Avila Bush Avila Bush Avila

D
Bush

September 23rd, 2011 9:23 a.m.

Okay, so

Is this something you put together? These are excerptsyeahexcerpts that kinda say, Heres the issuein sumthat occurred, and, why its not just a stolen car-stolen credit card thing. And, why do you think that they target you? Do you have any... Well, I had things to take. Once my things were taken, there were no further issues.

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Transcript Avila Bush But, they are still bothering you

Bush and Avilla

Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila

Let me get your phone number again so that if I dont see it, Ill call you Alright, alright.

Sure. 4-0-8 Mm-hm

And, thats June 12th that the report that was for the Sunnyvaleyes That was the date that he (Officer Glasgow) called to say it was a good auto theft report. And, thats not the original reporting date. [inaudible] any additional suspects in there?

D
September 23rd, 2011 9:23 a.m.

R
C-O-P-E-N Uh, K-O Oh

Josh Williams, uh, Koppenslash Koppenhaverhe might have two names.

uh, 7-9-1-4-8-6-6.

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[inaudible] and you can get that over to me.

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, its more of a retaliation issue now than it is [inaudible] Thats what it was all about. So, you get the idea. If you dont see that [media file]

Transcript Bush

Bush and Avilla P-P-E-N, uh, H-A-V-E-R. And, then, thethe second suspect, uhthere was another recording where, uh, a friend of theirs had witnessed them both in my stolen car at the time it was stolen, and hes saying, I didnt know that it was stolen at the time, but, yeah, those two were in it. And, I knew they were. Um, one of thehis name was Jon Harringtonthat I dont know if hes listed in the report or not, but he might be. But, uh [inaudible]

Avila Bush

Avila Bush

And, did you ever get the car back? Or, did they

Avila Bush

And, you kept all of the receipts and

Avila Bush Avila

D
Bush Fine.

September 23rd, 2011 9:23 a.m.

R
Okay. [inaudible]

I have everything. I have everything, yeah. So, yeah, it was bad; it was bad. And, um, but, yeah, theres aaa lieutenant or an Officer Falco report that happened probably five days before that. And, then, theres the Stuart Glasgow report, which has a supplemental to it, as well. So, theres just thetheres the initial auto theft report, and then you need to look for a second report, you know, theres two of them. Well, Ill just have them give me everything.

I got it back; but, uh, completely ransacked. Ithey had slashed every seat in the car. They had dentedput 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

He was calling me the whole time saying, you know, Well, if you destroy those recordings you have, da-da-da-da-da-da, Ill get your car backbasicallyand, all this other kinds of stuff. Ill find where Josh is, da-da-da And, the whole time hes calling me from my car, so

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Transcript Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila [inaudible] Fine. Alright, so I guess thats it, then.

Bush and Avilla

Okay. [and get] the right people to look at it for you

because I dont have the legal mind, like I said, to be able to make sure that weve got all the legal hurdles and battles crossed so that we can Sure. move forward with it. Alright.

Bush Avila

D
Bush

September 23rd, 2011 9:23 a.m.

R
Sounds great.

[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. Okay. Perfect, perfect. Alright. 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 theyve got questions for you, whether they need additional information or just that they, um, you know, want to get things to you, from youwhatever it isso that we cancan make sure that we get this put to bed once and for all

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Okay.

For now. Let melet me pull all this stuff in and figure out exactly what thiswere dealing with

Transcript Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila Bush Avila and, squared away, alright? Im satisfied that things are moving on it, so thats great. Alright.

Bush and Avilla

Alright. Thank you You have my, um, phone number and my

..contact number Okay.

and, I will get back to you [inaudible] Not a problem. Not a problem Alright?

at all. Alright, thank you so much.

D
September 23rd, 2011 9:23 a.m.

Youre very welcome. Alright, sir. Alright?

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Thank you for this [holds up Avilas business card].

Alright?