RECEIVED

September 15, 2014

SEP 1 8 2014

Timothy Rasmussen
215 S. Oak
Colville, WA 99114

STEVENS COUNTY
PROSECUTING ATIORNEY

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In re: 1 Amendment Criminal Complaint against Kendle Allen

Dear Mr. Rasmussen:
On February 24, 2014, in an open public meeting in the Stevens County Commissioner's
office, you stated: "In many ways my judgmentfunctions as a grand jury. In the state of

Washington, a grand jury - the functions of a grand jury are vested in the prosecuting attorney. I
have the power and the responsibility, and I am the only one in this county who has that power
vested in me by the election of the people to bring a criminal charge against someone.
II

You have known of Kendle Allen's usurpation of the office of STEVENS COUNTY SHERIFF
for long enough to have investigated and filed criminal charges of your own accord. Yet, you
have not. So, the people, of necessity, bring forth evidence to supports to filing of criminal
charges against Kendle Allen for violating state law. You, sir, claimed the exclusive authority to
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bring criminal charges. Is it not your duty then to act upon the people's 1 Amendment Criminal
Complaint?
The people now call upon you to perform the duties for which you are being paid. The
people expect action or an answer as to why you will not criminally charge Kendle Allen
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according to the people's 1 Amendment Criminal Complaint submitted under this cover.
You have been very vocal about not liking timelines, however the people's patience is
wearing thin, their trust in you is faltering and there can be no higher priority that to hold those
public servants accountable to the law they swore an Oath to uphold. The people want and
deserve an answer on your course of action delivered to them by close of business Friday, Sept.
2014. If you need more time, you must explain why. Please respond in writing to: The
People, P.O. Box 448, Chewelah, [99109] Washington state.

RECEIVED
SEP 18 201~
STEVENS COUNTY
PROSECUTING ATTORNEY
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l Amendment Criminal Complaint by Victim and Witness

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Black's Law Dictionary 6 Ed. Defines "Criminal malversion" A broad category of corrupt official

practices.
Black's Law Dictionary 6th Ed. Defines "Dulocracy" A government where servants and slaves

have so much license and privilege that they domineer.

Oxford Dictionary defines "Domineer" Assert one's will over another in an arrogant way.
Merriam Webster Dictionary Defines "Domineer" To exercise arbitrory or overbearing control,

to tyrannize over.

Former Missouri Senator Carl Shurz in the mid 1800's penned these historic words:
"My country, right or wrong. If right, to be kept right; and if wrong, to be set right."
I, the undersigned, being one of the people of the posterity of the blessings of the Declaration of
Independence and our Country's founding documents, take very seriously and recognize the solemnity
of the filing of this criminal complaint. When persons like Kendle Allen (Allen) are elected to public
office, they are required to timely swear and properly file an Oath of Office according to the mandates
of state law and the state supreme court's interpretation of those laws. Failure to do just that means
Allen has failed to "duly qualify" for office. To date, no one in public office will hold Allen accountable. It
therefore becomes the duty of the people - in whom all political power exists - to hold him accountable
and to set things to right.

It was over 3 years after criminally usurping the office of STEVENS COUNTY SHERIFF that Allen
subscribed an Oath of Office.

"1, Kendle Allen, do solemnly swear that I am a citizen of the United States and of the
State of Washington; that I will support the Constitution and Laws of the United States
and the Constitution and Laws of the State of Washington, and will to the best of my
judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties
of the office of Sherif! in and for Stevens County, Washington, as such duties are
prescribed by law, so help me God." Dated March 12, 2014. (See Allen's Oath of Office
attached.)
Washington state law, RCW 29A.60.280(3)(a) states that the Oath of Office shall be subscribed
and filed no earlier than 10 days prior to assuming office and RCW 29A.24.020 unequivocally states "and

shall again be sworn into office for the full term".

1st Amendment Criminal Complaint against Kendle Allen

Page 1 of 4

When the people call upon their elected, appointed or otherwise employed servants to prove
their authority and they answer with silence when they have a legal and moral duty to speak - their
silence is their answer. When they are unable or unwilling to prove authority, they have violated the
public's trust; they are criminal usurpers of a public office; they file false instruments to receive a
paycheck; and they commit perjury to do so.
In our country, we the people are guaranteed a republican form of government "of the people,
by the people and for the people". It is we the people of the posterity who are the responsible party to
hold the instruments of our creation, and those we employ to serve us, accountable to the law.
There exists a duty in all public servants, be they elected, appointed or employed, to prove their
authority upon request. The recipient of this criminal complaint has been addressed no less than three
times over the people's concerns said recipient was non-eompliant with state law. Recipient was given
ample opportunity to respond but chose to answer with silence. It is, in its simplest form, the people's
duty to file this criminal complaint.
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Therefore, this complaint is submitted under a 1 Amendment Right to redress of grievance as

interpreted in United States v. Hylton, 710 U.s. 1102 (1983) and Bill Johnson's Restaurants Inc., v. NlRB
461 U.S. 731, 108 S. Ct. 2161, 2161, 761. Ed. 277 (1983) "Moreover the supreme court has held expressly
that the first amendment right to petition protects the individual's right to file an action with a

"reasonable basis" in a state tribunal."

This Right is further supported by your former RCW 10.16.010, which was superseded - not
repealed in 1984 by court rule JCrR 2.02 which has now been replaced by CrRU 2.2 and CrR 2.2.These
court rules only superseded a portion of the former statute leaving the remaining portion intact and in
effect.

Malott v. Randell (1974) 11 Wash. App. 433, 523 P.2d 439 "When portions of a statute are
superseded by the rule, other portions of the same statute dealing with matters upon which the
comparable rule is silent are not overruled and remain in effect. " See also attached copy of RCW
10.16.010 and code revisers comments.
Demand is also made for a hearing in which this victim and witness can give oral testimony and
present witnesses in support. CrRU 2.2 (a) (2).

First Charge - RCW 42.20.030

Kendle Allen, a person, criminally usurping the office of STEVENS COUNTY SHERIFF, has and
continues to criminally personate and represent and wilfully exercise the functions and perform the
duties of such officer, without having duly qualified therefore, as required by law and who, having been
elected to serve as an executive officer has wilfully exercised the functions of that office after any right
to do so has ceased. RCW 42.12.010 (6).

RCWA 42.12.010
"Right to hold public office is subject to qualifications imposed by legislature." State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 148, 377 P.2d 421 cerro den. 83 S. Ct. 1698,
374 U.S. 808, 10 L. Ed. 1032.

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1 Amendment Criminal Complaint against Kendle Allen

Page 2 of 4

'Vacancy occurs in office by operation of statute at time event takes place." State ex reI.
Austin v. Superior Court of Whatcom County (1940) 6 Wash.2d 61, 106 P.2d 1077.
Second Charge - RCW 40.16.030; RCW 42.20.060; and RCW 9A.28.040

RCW 40.16.030 Offering false instrument for filing or record.

RCW 42.20.060 Falsely auditing and paying claims.
RCW 9A.28.040 Criminal conspiracy.
Kendle Allen, a person, criminally usurping the office of STEVENS COUNTY SHERIFF, and
discharging the duties of that public office, did and continues to conspire with other criminal usurpers
illegally occupying public offices of STEVENS COUNTY to procure and offer false instruments in the form
of salary vouchers into the STEVENS COUNTY AUDITOR'S office, which if genuine, might be filed or
recorded in such office under the laws of this state. Allen has participated in allowing and paying salaries
to his person, and other persons in that office, and continues to directly consent to pay these salaries
fraudulently to persons not authorized by law to receive them.
In addition Allen did also knowingly violate many people's rights who have been negatively
impacted through deprivations of life, liberty and property by Allen's actions while impersonating a
public official (sheriff) through the issuance of process purporting to be judicial but is not.
RCWA 40.16.030
In this section making it a crime to knowingly file any false or forged instrument in a
public office, the term "instrument" encompasses a document which is required or
permitted by statute or valid regulation to be filed, registered, or recorded in a public
office if the claimed falsity relates to material fact represented in the instrument and
the information contained in the document is of such a nature that the government is
required or permitted by law, statute or valid regulation to act in reliance thereon, or
the information contained in the document materially affects significant rights or duties
of third persons, when such effect is reasonably contemplated by the express or implied
intent of the statute or valid regulation which requires the filing, registration, or
recording of the document. State v. Price (1980) 94 Wash.2d 810, 620 P.2d 994.
RCWA 42.20.060
Use of the word "false" in connection with "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with willful design
to cheat and defraud public funds. State v. Case (1915) 88 Wash. 664,153 P. 1070.
Specific intent to violate law is implied from fact of violation even though person had no
wrongful intent to do anything beyond doing of prohibited act. State v. Case (1915) 88
Wash. 664,153 P. 1070.
RCWA 9A.28.040
Conspiracies may be proved by circumstantial evidence or established like any other
disputed fact. Sears v. International Brotherhood of Teamsters, CS&H (1941) 8 Wn. 2.d
447, 112 P. 2d 850.

1 st Amendment Criminal Complaint against Kendle Allen

Page 3 of4

Test of sufficiency of evidence in action for conspiracy is that facts and circumstances
relied on to establish conspiracy must be inconsistent with lawful or honest purpose and
reasonably consistent only with existence of conspiracy. Couie v. Local Union No. 1849
United Brotherhood of carpenters and Joiners (1957) 51 Wn. 2d 108,316 P.2d 473.

third Charge - RCW 9A.72.020

Kendle Allen, a person, criminally usurping the office of STEVENS COUNTY SHERIFF, did commit
perjury in the first degree by signing false salary warrants, false arrest warrants and a document
purporting to be an Oath of Office, under penalty of perjury, which is required by law to be timely taken
and properly filed and made a part of the official public records as required by RCW 65.04.040.
A statement concerns a "material matter" for purposes of perjury, if it relates to any
question which might properly arise in a trial or when it is intended to or might affect a
court's consideration of issues presented; it need not bear upon the ultimate issues of a
case. State v, Daniels (1974) 10 Wn. App. 780, 520 P. 2d 178.

Because Allen's "Oath" was not subscribed "before" assuming office on January 1, 2011, the law
says he failed to "duly qualify" and is criminally usurping the office of STEVENS COUNTY SHERIFF. Allen
has been notified of his non-compliance with state law on April 8, 2014. Allen was notified that the
Office of STEVENS COUNTY SHERIFF was vacant on May 27, 2014. Allen was given opportunity to answer
a directive of the people on June 13, 2014, to testify under oath why he did not respond to the first two
correspondences and yet he still remained silent.
For the foregoing reasons, and according to state law, Kendle Allen should and must be charged,
at minimum, with the above violations of law and brought to trial.
By the attached Declarations, we the people on Stevens County, on the state of Washington, do
hereby formally submit this 1st Amendment Criminal Complaint against Kendle Allen, a person,
criminally usurping the office of STEVENS COUNTY SHERIFF.
See attached Declarations for signatories.

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1 Amendment Criminal Complaint against Kendle Allen

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STATE OF WASHINGTON )
) 55.

County of Stevens

OATH OF OFFICE

I, Kendle Allen, do solemnly swear that I am a citizen of the United States and of the State of Washington;
that I will support the Constitution and Laws of the United States and the Constitution and Laws of the State of
Washington, and will to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially

perfonn the duties of the office of Sheriff in and for Stevens County, Washington, as such duties are prescribed by

law, so help me God.

UL~

Kendle Allen, Sheriff

Subscribed and sworn to before me this 12lb day of March, 2014.

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