[BigBird]

Bob,

Couldn't you have taken a legal battle against the police for being forced to leave? Skipping the jail this time?

Were you wearing your new GoPro? Please tell me you were...

I'm starting to think you might be in Jail during the Otto Lilienthal / club gathering event in May .

[wingspan33]

One thing that seems to have been forgotten here (even by me) is Bob's having been arrested back in November (originally) on TRESPASSING charges. As I recall having it explained to me, some Court clerk told Bob that he would not be prosecuted at that time, but that the charge could be re-initiated(?) within a year of the original complaint (starting back on Nov. 9th, 2014).

I suggested that Bob take care of that matter, as a priority, but his lawyer wanted him to deal with the Restraining Order situation first. So, guess what? All Air California Adventure Inc. had to do is call the SD Police Department and say "That guy Bob K is here again trespassing." and lickety split the cops show up, . . . to show Bob the door (either to the park, or a jail cell).

I wish I had remembered about the "dormant" Trespassing charge so that (perhaps) Sunday's event could have been avoided. The question I have is, . . . How is it that the original Trespassing charge never went so far as a Court date to inquire as to whether Bob claimed innocence or guilt? A person who is arrested has a right to their day in Court.

Personally, if I were the involved party, I would go to the San Diego County DA's office and demand that an "Interference by Threat, Intimidation, or Coercion Complaint" be taken. It would involve Air California Adventure Inc.'s police complaints made against him for trespassing(????) in a very PUBLIC City Park?! The legal details of such a complaint can be found in California Civil Code Section 52.1. Also, a similar complaint can (instead?) be filed in Federal Court, and in that venue Bob has the right and ability to act as his own laywer (Pro Se). That would save Bob BIG legal bills and cost the defendant(s) BIG bucks!

[Bob Kuczewski]

It's been a crazy day with a presentation before the City Council, meetings with my lawyer, discussions with the press, ... and my regular day job.   

One of the things that came up was the pattern of abuse from Gabe Jebb, and that reminded me of this incident from August 11th, 2013:

    http://ushawks.org/forum/viewtopic.php?f=4&t=1395

It's interesting to see Gabe Jebb's pattern of approaching people to intimidate them. The video from this 2013 incident would have been good to add to the current case, but the Judge had said that she wanted to focus on the November 2014 incident.

I'm sorry I'm too overloaded right now to respond properly to all the great comments, but I'm reading them all and considering what to do next.

Thanks.   

[Bob Kuczewski]

Here are some frames from the videos taken on March 8th, 2015 when I was arrested again.

This first frame was taken when they barred me from signing in to fly. Note the employee behind the counter with the camera pointed at me.

shot0010.jpeg (39.36 KiB) Viewed 6076 times

At that time Robin Marien told me that I was suspended back in November for violating rules and for "conduct". I asked specifically what rules and what conduct I violated. He refused to tell me. I asserted that I had a right to be there, and he told me to come back in November. He went on to say that I was being suspended for harassment of the staff. I walked out to think about it a little bit and then came back to ask for a written reason. Robin refused to give me a written reason. Here are some frames from that video:

shot0032.jpeg (34.48 KiB) Viewed 6076 times

shot0033.jpeg (47.4 KiB) Viewed 6076 times

shot0036.jpeg (50.1 KiB) Viewed 6076 times

The police showed up a little while later and they spent some time speaking with Robin and Gabe (part of that discussion is shown here):

shot0111.jpeg (45.44 KiB) Viewed 6076 times

Then they turned and came to speak with me:

shot0113.jpeg (45.16 KiB) Viewed 6076 times

We had a relatively calm discussion (note one of Robin's people video recording us):

shot0115.jpeg (51.98 KiB) Viewed 6076 times

shot0117.jpeg (51.21 KiB) Viewed 6076 times

I repeatedly referenced the lease and I repeatedly asserted my rights to be there as a member of the general public. Then I was arrested:

shot0130.jpeg (41.79 KiB) Viewed 6076 times

Here are 3 quotes from the Torrey Pines Gliderport lease between the City of San Diego and Air California Adventure (referred to as "Flight Director / LESSEE"):

It is expressly agreed that the premises are leased to Flight Director/LESSEE solely and exclusively for the purposes of the operation and maintenance of the premises and buildings for a gliderport concession, the use of non-powered aircraft and the general public. ...

... Flight Director / LESSEE shall institute rules and regulations governing flight and personal conduct so as to create a safe and enjoyable flight park, provided that they are consistent with the rights of the general public ...

The general public shall not be wholly or permanently excluded from any portion of the premises. Flight Director / LESSEE may develop reasonable restrictions for the facility use provided they are consistent with the rights of the general public ...

Here's the transcript of the final discussion between myself and the two officers during the last few moments before my arrest (transcribed from video record):

Bob: So I'm being told I have to leave the property. Is that correct or not?

Male Officer: The owners wish that you would leave the property. Yes.

Bob: And you're telling me that if I don't leave the property will you arrest me?

Male Officer: That will be up to the leassor of the property.

Bob: So you're not telling me that?

Male Officer: No. I'm not telling you. I'm trying to speak reasonably to a gentleman. Give him some alternate choices to get his problem resolved that will not be resolved right here and now in any proceedings that we do, whether we do an arrest for trespassing or we don't do an arrest for trespassing. Whether you leave... Nothing that you have told me that you are trying to address is going to be solved at this moment in time.

Bob: OK, since you've said that it's up to him whether I will be arrested or not ...

Male Officer: It has to be a citizen's arrest.

Bob: ... then I am going to say I'd like you to ask him if he's going to do that.

Female Officer: He did. He said he wants you to be arrested if you refuse to leave. So yes, you will be arrested by him as a citizen's arrest if you refuse to leave.

Bob: Now I'm telling the San Diego Police Officers that I'm speaking with here that I have a right to be on this property and that the lease says I have a right to be on this property. Now I can pull up the lease on my cell phone. You can call your supervisor. You can call anyone you need to call to verify that the lease says that the public has a right to be here. Now I'm asking you to ...

Male Officer: Sir, sir ...

Bob: ... to look into that and not arrest me.

Male Officer: Sir, I understand that the lease says the general public. I get that. OK. I see the general public coming in and out of this place right now. The management has an issue with you. You have an issue with the management.

Bob: I do not have an issue with the management.

Male Officer: They do not want you on the property. And it is their legal right to place you under citizen's arrest if they choose to.

Bob: [long pause]

Male Officer: So ...

Bob: (to friends while emptying pockets): Will you hold this? Margret ... cell phone ... keys to my van. I found that having a driver's license was handy the last time we went through this, so I'll keep my driver's license with me.

Female Officer: What about the GoPro? That's kind of expensive.

Bob: I'll probably hand that off at the last second.

Female Officer (turning around to see one of Robin's employees with a camera): Hello.

Male Officer: It's a go pro world.

Bob: It is a go pro world (laughing).

Female Officer: Wow, my camera filming your camera filming their camera filming my camera. That's a lot of cameras.

Bob: Is your camera open? Is it on?

Female Officer: Yea.

Bob: Good. As it should be. It makes it a more peaceful world.

Female Officer: All right folks so ... are you refusing to leave the property?

Bob's Friend: Which one is your van?

Bob: My van is the one with the hang glider on it right over there. Do you see it?

Bob: Um. I'm asserting that I have a right to be here per the San Diego lease that gives me rights as a citizen and as a member of the general public, I'm asserting my right to be here. And I can show you the lease if you like ...

Female Officer: You need to leave the property. Sir, I'm asking you to leave the property.

Bob: I guess it is time to take off the GoPro.

Male Officer: And you're going to have to put that camera down too.

Bob: Would you mind holding this and keep it on us and keep filming?

Female Officer: You're not going to leave the property?

Bob: I am asserting my right to be on this property.

Female Officer: OK, I need you to leave the property. You're not allowed to be here.

Bob: I'm asserting that I have a right to be on this property.

Female Officer: You're going to be under arrest by the staff here if you do not leave the property.

Bob: I believe that's a violation of my rights to be here and that will be an actionable ...

Female Officer: So you're refusing to leave the property?

Bob: I'm asserting my ...

Female Officer: Yes or no?

Bob: I'm asserting my right to be here.

Female Officer: Does that mean ... you're asserting your right?

Bob: I don't have to answer a yes or no answer.

Female Officer: So I'm assuming by you standing there after I've asked you three or four times...

Bob: I'm asserting my right to be here.

At that time (approximately 1:30 in the afternoon) the female officer took my hands behind my back and placed me in hand cuffs. I was taken downtown, booked, and remained in jail until approximately 3am. Note that the friend who posted my bail was ready with the bail money in hand at the jail by around 8:30pm. But they did not finally release me until around 3am the next morning.

One thing is clear. Thugs like these don't deserve the privilege of operating the Torrey Pines Gliderport in the great city of San Diego:

Gabe_Jebb.jpeg (55.31 KiB) Viewed 6065 times

Robin_Marien.jpg (41.23 KiB) Viewed 6065 times

[Rick Masters]

These people appear to need help finding real jobs.

[Bill Cummings]

Bob,
I think Scott is correct.
I think the clock is running out for you to file an assault charge on Gabe Jebb.
You will have to file some type of motion to preserve your right to sue at a later date.

Will the video that you have of Gabe demonstrate beyond a reasonable doubt that you were assaulted?
Tick Tock!

[wingspan33]

Bill,

Very few people have seen Bob K's video in its "raw" state. However, between the screen capture still shots and the transcript that Bob wrote up, it seems pretty certain that at least one person at Air California Adventure Inc. is guilty of Felony Assault and Battery.

In my state (NY) a felony complaint can be made/filed within 7 years of the actual event. Things may be different in California. Still, it is best to file complaints ASAP. And as I recall, Bob actually did attempt to file a criminal complaint with the police regarding the Nov. 9th incident. Somehow(?) the SD Police Department did not accept that complaint.

That's where a Federal Complaint starts to make a lot of sense. But before taking that step, I would try speaking directly with someone in the SD District Attorney's Office. Insist that they view the video tape and bring up the CA law I mentioned earlier. Oh, and bring along a witness and/or attorney.

[Bob Kuczewski]

Thanks for the reminders, Bill. I can always use them!!
I'm meeting with a couple of lawyers on Monday.  

By the way, I really want to thank miguell for this post a few months back:

Time to lawyer-up.
Otherwise you are at a gunfight with a peashooter.

I tend to try to do everything myself, and I was really hoping that I wouldn't have to "lawyer-up". But miguell's post - so short and to the point - kept bugging me (I really don't want to be in a gunfight with a peashooter!!), and it forced me to go out and spend money to hire a lawyer - which is what I really needed to do.

Thanks miguell.

[wingspan33]

These people appear to need help finding real jobs.

Hey Rick,

Perhaps you mean a work place where the uniform would look kind-a like this? -

[Bob Kuczewski]

These people appear to need help finding real jobs.

Perhaps you mean a work place where the uniform would look kind-a like this?

Now that was funny!!!!