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  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
  • GLENN WINNINGHAM  vs TIMOTHY C GRAHAM, ET AL INJURY OR DAMAGE, OTHER INJURY OR DAMAGE document preview
						
                                

Preview

I Creator: glenn winningham; house of fearn CAUSE NO. 236-313994-19 glenn winningham; house offearn § a man, Demandant § IN THE (de facto) DISTRICT COURT vs. § [foreign] 236th JUDICIAL DISTRICT Timothy C Graham, Euless Police § Edgar L. Hurtado, Police Supervisor § [foreign] TARRANT COUNTY, TEXAS Michael R Collingwood, Euless Police § Michael Brown, Euless Chief of Police § Lacy Britton, Euless Magistrate § Stacy White, Coward Prosecutor § Echols-Kirksey, A, Euless Jailor § V Nilson, Euless Jailor § Linda Martin, Euless Mayor § Ken Paxton, Texas Attorney § with the rank of general § Deer Park Cash Cow, LLC § John Mc Bryde, (bought and paid for) § Clerk masquerading as a Judge § Erin Nealy Cox, US Attorney § Tarrant County Sheriff's Office § Sharen Wilson, Tarrant County DA § GLENN WINNINGHAM FEARN, § cestui que trust § Wrongdoers § Suborning Perjury IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS As a direct descendant of the founders of the Constitution for the United States of America and as one of "the Posterity" found in the preamble, by right of blood, I hereby declare; Ashley Dierker is a Partner in the law firm Taylor Olsen Adkins Sralla Elam, LLP, and a BAR member and deemed to know the law. "Officers of the court have no immunity, when violating a constitutional right, for they are deemed to know the law.· Owens v Independence 100 S. C. T. 1398 (Ezra 7:23-26) Ashley Dierker knows that properly applying the facts to the law is NOT discretionary (Walker v Packer, 827 S. Wsd 833, 840 (Tex. 1992)) and misapplying the facts to the law in a matter is an abuse of discretion and Official Oppression. I have reason to believe and do believe that Ashley Dierker is Suborning Perjury in violation of Title 18 United States Code§ 1622 Suborning Perjury Criminal Complaint Page 1 Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both. 18 USC § 1622 because Wayne K Olsen is also a Founding Partner, of the same law firm Taylor Olsen Adkins Sralla Elam, LLP that represents the City of Euless, and Stacy White is an Associate of the same law firm Taylor Olsen Adkins Sralla Elam, LLP, and for their profit, they are screening Police Department employees like Officer Timothy Graham, Edgar Hurtado, and Michael R. Collingwood, for low intelligence, arming them and sending them out to enforce the Transportation Code by stopping the Demandant for having a Republic of Texas plate on an automobile when there was no probable cause Article Four in Amendment prohibits law enforcement officers from arresting anyone without probable cause (citations omitted); in cases Santiago v. City of Vineland, 107 F.Supp.2d 512, 561-62, 564 (D.N.J. 2000); Hill v. Algor, 85 F.Supp.2d 391, 397-98 (D.N.J. 2000) arrest made without probable cause violates the Fourth Amendment; Rzayeva v. Foster, 134 F.Supp.2d 239, 248-49 (D.Conn. 2001) holding involuntary civil confinement is a "massive curtailment of liberty", is tantamount to the infringement of being arrested and can be made only upon probable cause, citing Vitek v. Jones, 445 U.S. 480,491, 100 S.Ct. 1254, 63 L.Ed.2d 552 (1980); Schneider v. Simonini, 749 A.2d 336, 163 N.J. 336, 361-65 (2000) The test for police officer's sufficient basis for probable cause - did the officer have a sufficient basis to make a "practical, common sense" decision that a "fair probability of crime existed," - once the officer's actions fail to satisfy this test, it may appear that no reasonably objective officer could have believed that probable cause existed to make an arrest; Allen v. City of Portland, 73 F.3d 232 (9th Cir. 1995), the Ninth Circuit Court of Appeals (citing cases from the U.S. Supreme Court, Fifth, Seventh, Eighth and Ninth Circuits) held that "by definition. probable cause to arrest can only exist in relation to criminal conduct: civil disputes cannot give rise to probable cause": Paff v. Kaltenbach, 204 F.3d 425, 435 (3rd Cir. 2000) and the Class C Misdemeanor charge fails to be a crime "(e) An offense under this section is a Class ·c· misdemeanor if the offense for which the actor's appearance is required is punishable by fine only.· Texas Penal Code§ 38.10 Bail Jumping and Failure to Appear {emphasis added] "An individual adjudged guilty of a Class ·c· misdemeanor shall be punished by fine only, not to exceed $500. • Texas Penal Code§ 12.23 Class (C) Misdemeanors "(a) If the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner: (1) an arrest warrant may NOT be issued for the owner: & (2) the imposition of the civil penalty may not be recorded on the owner's driving record.· Texas Transportation Code§ 707.019 Failure to Pay Civil Penalty [emphasis added] "(5) Crime means (A) a misdemeanor punishable by confinement (jail): or (BJ a felony (6) "DEFENDANT" means a person accused of a crime" Texas Government Code§ 79.001 Definitions The Demandant dialed 9-1-1 and the call went to the Euless switchboard, and the Demandant demanded that the Tarrant County Sheriff come to the scene and under instructions from Wayne K Olsen and Stacy White, they refused to call the Tarrant Criminal Complaint Page 2 County Sheriff, and they are all required to know they are not authorized to enforce the Texas Transportation Code as evidenced by the email from the Tarrant County Sheriff Public Information Officer, a true copy of the email, narrative, and citation, which are attached hereto, all of each of which are incorporated herein by reference in their entirety, and Rob Alibon enabled and profited from the Euless criminal street gang Hurtado, Collingwood, and Graham to arrest the Demandant when there was no crime and no probable cause for an arrest, so they could gain lots of revenue. AGAINST THE PEACE AND DIGNITY OF THE STATE VERIFICATION I, glenn winningham; house of fearn, do affirm that all statements made herein are true and accurate, in all respects, to the best of my knowledge. glenn winningham; house of fearn ha Proper Mailing address (18 USC§ 1342) of; General Post Office, ZIP CODE EXEMPT C/O 6340 Lake Worth Blvd., #437 Fort Worth, Texas [RR 76135] Non-Domestic Mail, Without the United States, Inc. As a Notary Public, I hereby certify that glenn winningham; house of fearn, who is known to me, and after affirming, he executed the foregoing document on this the qH-- day of April. in the year two thousand and tw~~l&!O====="""~""il . . ~~~'t:J,,., . DONNA CARTWRIGHT ff{:::J:;/{tg, Notary Public, State of Texas Comm. Expires 09-03-2024 ;.~-..~.:-:;?:: N~B4 ~it& :::$Sea~otary JD 10482373 THE STATE OF TEXAS Criminal Complaint Page 3 5125/2021, Gmail ~ Re: Public Information Request M Gmail Winningham Fearn Re: Public Information Request 1 message Jennifer D. Gabbert Tue, May 25, 2021 at 8:39 PM To: Winningham Fearn Hello Mr. Fearn. Tarrant County Sheriff's Office does not have county traffic officers as described in TC 701. Take care- Get Outlook for iOS From: Winningham Fearn Sent: Tuesday, May 25, 20216:09:41 PM To: Jennifer D. Gabbert Subject: Public Information Request EXTERNAL EMAIL ALERT! Think Before You Click! Please provide the names and titles of everybody who was appointed a County Traffic Officer under Texas Transportation Code Section 701 for the last year. Thanks in advance for your help with this!!! Best Regards, Win https://mai1.googfe.comlmaiL'u/O?ik:=88798aba2e&view=pt&search=all&pennthid=thread-a%3Ar7696994055347938570%7Cmsg-f%3A170078311704... 1/1 STATE OF TEXAS § IN THE MUNICIPAL COURT § § CITY OF EULESS C.1\tnn W I TARRANTCOUNTY,TEXAS orn::-osE: ~r;) f~ ~91sl \'C~10-V, STATE'S MOTION TO DISMISS Now comes the State of Texas and moves the Court to dismiss the above-entitled offense in this cause, for the reason that: D The evidence, at this time, is insufficient; D The Defendant was convicted in Cause Number ----------- □ The complaining witness has requested dismissal; D The case as been refiled as Cause Number _ _ _ _ _ _ _ _ __ D The Defendant is unapprehended, and the passage of time makes successful prosecution unlikely; 0The Defendant is deceased; D The Defendant has remedied the defect or nuisance that is the subject of this offense; D The Defendant served _ _ days in jail on other tickets/criminal charges; D The Defendant has been convicted ofa felony offense and sentenced to prison; 0The Defendant has been released to federal immigration officials and/or been deported; D This citation is a duplicate citation; andlor ~Other: \).M .C,V (Jc,1 'llt1 ~4h (_p Stacie White Anorney for the State ORDER TO DISMISS On this day came on to be heard the above and foregoing Motion to Dismiss by the Attorney for the State who moved the Court to dismiss this cause. The Court, having duly considered said motion is of the opinion that said cause should be dismissed. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED bv the Court that this cause be, and the same is hereby dismissed. A copy of this order shall be delivered to the Defendant. J / • SIGNED AND ENTERED this _,__.=c__ Judge residin ~ Revised on 1/13/10 ldb UNITED STATES OF AMERICA DEPARTMENT OF TRAVEL 2000 Pennsyh·ania Avenue NW Suite 194 Washington, D. C.20006 Telephone: (202) 600-9095 F•csimlle: (202) 370-7177 GOVERNOR PAT McCRORY November 23, 2015 20301 Mail Service Center Raleigh, NC 27699-030 I (919) 733-4240 RE: VIOLATION OF U.S. SUPREME COURT RULINGS REGARDING TIIE RIGHT TO TRAVEL SUBJECT: EDUCATION OF LAW ENFORCEMENTS AND NOR1H CAROLINA JUDICIARY Dear Governor McCrory, We are sending this correspondence to make you aware of the unconstitutional acts committed by your Jaw enforcement agencies and state courts against the people of North Carolina. These acts may or rmy not have been committed knowingly or unintentionally but we are writing to your office to ensure that these violations are brought to your attention so that they can be addressed and corrected. As you may or may not know, there are people in your state whose status is ostensibly different than the average US Citizen and are considered Foreign Nationals or American Nationals with certain safeguards and protection under the Jaw. Our primary concern is that their travel rights in your state are not infringed. In order to educate your Jaw enforcement regarding Foreign Nationals or American Nationals in your state, you can call the Department of State here in Washington, D.C. to get clarity or you can go to the Department of State's website at hHn:/i1~;-~~--c1.~t".'tc f d•") 1 11-t..vrJfor our ::,·~P!,;m .. ~·. 1n:··•.~·,~" ·;! ( ~\- ~- ,r::'.i~'.n·!~-~~----. 1~r: ..:·~.-( !'":.-\.\ hm.! !l ~,.:-,1 website at hHn,::!>1,,-. •.q,,,:dc1-enY ,•r,:. C:•:.::.1~ "'' ,, r,.1::•.· ! .; e;tf and download the manual.The Department of State also offers training for your law enforcement officers free of charge to raise awareness and compliance. Log on to: hrtp:!'iri't•:.:-f.s1:11-= 1.~o~.-..-::-oment ·1,·:1\·cI ·,.::'1 ·,::-.:-i~nh~:,:,·if\~-."li··•rl '1,·. 1 i:-J;1:1-.:,;H-;..~.:-11 hm1l. We have enclosed one ofour affidavit forms for the exemption of registration and licensing for Foreign Nationals that Foreign Nationals have to file in your state to lawfully claim the exemption This affidavit also can be used by U.S. Citizens who are not driving or operating a motor vehicle for profit or for hire. Please forward this information to all of your law enforcement agencies in your state to prevent any uunecessary lawsuits from being filed against these agencies for not following the Jaw and violating the rights of the people to freely travel without interference unless they are a threat to the public safety. If you have any questions regarding this matter please feel free to respond in writing by mail or fax any questions or concerns you may have and we will be happy to answer and address them. Thank you in advance for your cooperation and consideration in this matter. Cc: Dept. of Justice Attorney General Loreltl Lynch Dept. of State Secretary John Kerry t;,/1 ·EULESS , 1102 W. Euless BM. POLICE DEPARTMENT ✓ Page 1 . Inmate Booking Report 11/22/2019 Personal Name: Fearn, Glenn Winningham Pgency Id: 248632-1 Elhnicity: Non-Hispanic DOB ,'ge: 62 POB: AZ. Race: White Sex: Male Weight 220 Height: 5· S-- Haic Gray Eyes: Brown DLNo.: Issued: AZ. SSNoc DPS No.: FBI No.: AXLR51PA1 Occupation: Employer. Address Street 6340 Lake Worth Boulevard 437 Cily: Fort Worth State: TX Zip: 76040 Phone Phone: Type: Arrest hrest Pgency: Euless Ponce Department Booking Date: 11122/2019 21:01 hrest Officer:Graham,T#629 Booking Officec Nllson,V #Sn hres t Locafion: 2200 Gateway 6MI hres!Date: 11122/2019 8:45:00 PM Vehicle Make: Toyota MJdel: Co-Z-'5 I NATUREOFPULL__,_~_.c__---'-~-"'0"'------..,-------- DATE/TIME Jtfzz_.[I '\ :z_o4S LOCATION -Z.,~U)o~~....G..,._t<:1J:i~-"-=v.l'-'1"-'-::1_.__~~w=:t>_ _ _ _ _ _ __ PERSON ARRESTED -IJ=~~~""-r-J--=----c------- R/S L• 1/e DOB lJ~...i t-J VEHICLE DESCRIPTION: YEAR'ZO I MAKE :fOjt?"IP... MODEL UJ~c,..L.I',- COLOR 511..vlc-:::S:,. YR N /p, STATE ,, \ 2 , - ~ .,ex· ****"INVENTORY OF PROPERTY*••••• FRONT SEAT AREA f'-. •!>c., :i3:"j?.~2_t:,r-l,+\..-~==--..Jttli~S,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ REAR SEAT AREA ::t:a 2'.rf/;1-- '.SY\:k l M ,,..:o[½{,., YES OR NO RADIO ':{fl:. KEYS N2 RADAR DETECTOR N;2 JACK ':k;r CARPET'e;, -'=-<-- HUB CAPS '-/g MOBILE PHONE N2 SPARE TIRE --/f:$ ALARM NO REMARKS-------------------------------- THIS VEHICLE MAY BE RELEASED BY EULESS ~KER SERVICE WITHOUT A RELEASE FORM FROM THE EULESS POLICE DEPARTMENT. YES.....!< ✓-- NNO _ _ OFFICER SIGNATURE ID# WRECKER DRIVER SIGNATURE •••••*RELEASE INFORMATION•••••• I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ , the undersigned do hereby certify that I am the owner of the above de~cribed vehicle or an authorized agent of the owner and the above described vehicle was released to me on this the dayof ___________ ,20_~ NAME _______________ ADDRESS PHONE DL#AND STATE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Signature Person Receiving Vehicle Signature of Releasing Officer ID# ******VEHICLE RELEASE**•••• N~ 42839 THE EULESS WRECKER SERVICE IS AUTHORIZED TO RELEASE THE BELOW DESCRIBED VEHICLE TO THE PERSON LISTED BELOW OR HIS AUTHORIZED AGENT. NAME _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ YEAR _ _ _ _ MAKE __________ MODEL _ _ _ _ _ _ _ LICENSE _ _ _ __ LICENSE STATE _ _ _ _ _ _ _ _ _ _ _ VIN Signature of Releasing Officer ID# , State of Texas § In The Municipal Court v. § City of Euless Fearn, Glenn W.u:mingbam § Tarrant County, Texas PROBABLE CAUSE DETERMINATION AND COMMITMENf ORDER IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS TO THE SHERIFF OF TARRANT COUNTY: Sufficient facts have been presented to me under oath by affidavit, sworn testimony, or otherwise, to show that probable cause exists for the continued detention of the above-named accused as to the following cbarge(s): Offense Charged Agency & Warr.mt NoJOn View 1. Fail to ID Fuirative Frm Justice Reti,.,;e to Give Euless Police Denartment fNew Case) 2. 3. 4. 5. 6. 7. - You are hereby ORDERED to take into custody and safely keep the above-named accused in your jail and bold bim/ber in your jail to be held to answer to the assigned court of jurisdiction. Signed this_ 23 day of November • 2012... Signature: Printed Name: L. Britten Magistrate for: Euless / , Texas ----------- , • CITY OF EULESS MUNICIPAL COURT 1102 W. Euless Boulevard EULESS, TEXAS 76040 817/685-1460 November 25, 2019 GLENN W FEARN 6340 LAKE WORTH BLVD 437 FORT WORTH, TX 76040-0000 RE: CITATION NO: 4098295 PROOF OF FINANCIAL RESPONSIBILITY REGISTRATION (NO INSIGNIA) 502.473 ATTENTION! You were recently arrested for citations filed in the City of Euless Municipal Court. Please read this carefully for options regarding your citations. You were recently arrested for the above-referenced citations filed in the Euless Municipal Court and have been set for a court appearance on December 11, 2019 at 1:00 p.m. in the Euless Municipal Court located at 1102 West Euless Blvd., Euless, Texas. For your convenience, you may come to the court at any time Monday, Tuesday, Wednesday and Friday from 8:00 a.m. to 5:00 p.m., and on Thursday from 8:00 a.m. to 6:00 p.m. to speak to a court clerk and resolve your ticket. You may also contact the court at 817 / 685- 1879 to speak with a clerk about your options. You have a variety of options by which you may resolve these citations and minimize the amount of fines and costs owed: a) Deferred adjudication---lf this is a new citation and you were not arrested on a warrant issued by this court after failing to appear, you MAY be eligible for deferred adjudication that will allow you to keep a citation off your driving record as long as you comply with the conditions set by the Court. b) Dismissal in return for proof of compliance and a small fee: The law authorizes the Court to dismiss certain citations when the defendant provides proof of timely compliance and, for certain offenses, pays a small fee of $10 or $20. The clerk can advise you about this option, but you can also obtain specific information about compliance dismissals on our website at: http:/lwww.euless.org/courts/. If you have a citation for No Insurance, Expired Registration, Defective Equipment, Fail to Present DL, among others, this resolution may be available to you. 1 • GLENN W FEARN CITATION NO: 4098295 c) Payment plan---lf you do not wish to pay the total due at one time, the Court offers a monthly payment plan. Payment plans start at $150 per month with your first payment being due one month from the date you come to the court to dispose of your case. d) Community Service---lf you believe you are indigent, you may complete a form requesting community service and/or a reduced payment plan at least three business days prior to your court date. If your application is approved by the Judge, you will be given a specific number of community service hours and a deadline by which to complete them. You will also be required to attend an orientation session at which you will be given specific instructions about the rules related to community service, along with the listof approved providers and the required paperwork that you must submit by your deadline. Additionally, you will be given an optional payment plan that you may utilize instead of completing community service if you decide that you do not wish to complete community service. e) Pay by Phone---lf itis more convenient for you, you may simply pay by credit card at 817 /685-1498. If you do not dispose of your citation(s) before December 11, 2019 , then you must appear in the Euless Municipal Court located at 1102 West Euless Blvd., Euless, Texas, before the Judge on December 11, 2019 at 1:00 p.m. If you failto appear at this time, and you did not previously enter a No Contest plea, warrants for your arrest will be issued for the original citation(s), as well as for Failure to Appear/Violation of Promise to Appear . ....-l~---"--"!.hen a warrant is issued, additional ees..D.(e applied and the fine amount may be increased s a ways less expensive to take care of your case BEFORE a warrant has been issued. 2