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Transcript of Conversation

between

James Alan Bush

and

Michelle Avila

Investigator for the Santa Clara County

Office of the District Attorney

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

Transcript

Bush and Avilla

Avila

[inaudible]

uh,

behind the scenes… [inaudible] …that you had been talking with Mr.

Reyes.

Bush

Right, right.

Bush

Yeah, well, you know…

 

Bush

And…and, stolen credit cards and money and…and other property—all-in-one

Bush

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

attorney’s office. So, I didn’t even know it was sitting here; but, when I, um

Bush

I, uh…by…incidentally. I was, like, “Wow! Finally they did something about the problem.”

Because, it wasn’t 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 the…in the police report that we’re talking about, but, uh,

their group—their gang—they had a name; I think it was called “D.F.M.” or something like

that)…anyway, um, they’d wiped me completely clean. I mean, they took everything over

the course of those months. And, um…but, this is, as far as I know, um, the only report…

Bush

You know, I…I think they just found [inaudible]. I think that, uh, they might have gotten my

name from, um, my mortgage company.

that, uh, they might have gotten my name from, um, my mortgage company. September 23rd, 2011

Transcript

Bush and Avilla

Bush

Yeah, um, they…they’re involved in kind of a lot of…not just small things—like little thefts

and stuff like that—but also some big things, too, [as] I found out over time; but, um…

Avila

And, how did they end up with your car?

Bush

[clears throat] How’d they what?

Bush

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

Bush

Yeah. And, they had…they 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 people—even when they were caught red-handed in my car twice—they

were never arrested.

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 me—thinking it was just a conversation between the two of us—what had

happened, who was involved, and why [and] all this other stuff. And, so…

Bush

I…well, you know, I knew people who knew them.

Bush

And, so, you know, I had to really work that angle and…and try to get, like, phone

numbers and establish communications because I…I just wasn’t getting help from police.

They were not being arrested. They were just being admonished constantly.

They were not being arrested. They were just being admonished constantly. September 23rd, 2011 9:23 a.m.

Transcript

Bush and Avilla

Bush

This time, they did. At first, they wrote it off as, uh…as, uh…they I had given the keys to

the person. That was, uh, the original report statement by, um, I guess it’s, like, Officer

Falco, or something like that. Officer

Avila

Do you have the Sunnyvale PD case number?

Bush

Uh, not on me.

Bush

That’s correct. James Bush. Officer Glasgow, however, who did a…

Bush

Well, no, that’s when everything started; but, the actual…this particular incident we’re

speaking of now happened in, uh, I was thinking the end of June of 2006, I think…

Bush

Yeah.

Bush

I believe so. And, it wouldn’t 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 that’s what held it up initially, is that the original officer who

took the report just…he…he…he 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. I’ll have to turn this up for you so you can hear it.

Bush

June 12th.

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 good…good, uh,

auto theft. Um, if you can give me…us a call at…

Bush

Alright, you get the idea.

Bush

Everything. Everything. And, unbeknownst to me, they did not, uh…or, they forwarded it to

the district attorney’s office.

Bush

Sure.

Bush

No problem.

 

Bush

Not a problem. So, anyway…

Bush

Right. And, then, it sat here and nothing happened.

Bush

Right.

Right. And, then, it sat here and nothing happened. Bush Right. September 23rd, 2011 9:23 a.m.

Transcript

Bush and Avilla

Bush

Yeah, so, you know, it just sat here, and the problem is…is, you know, because I recorded

them doing things, and because I filed police reports and put them, as they say, in…at risk

of exposure to criminal prosecution, I still have not slept a decent night since. I mean, I

have—to this day—been, you know, harassed, vandalized, assaulted, what-not…

Avila

You think by these same people that…

Bush

Absolutely by these same people, and the people that…that work with them within their

group. I don’t know, I feel like…is it a Norteño offshoot?

Bush

Yeah, yeah, yeah, yeah

Bush

Yeah…

Bush

Right, right, right

Bush

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 wasn’t just that recording; it was also the one where these, uh…

there’s two suspects, but only one’s listed. But, um [inaudible] Josh is one of the persons

involved, and he admits it right here.

Josh is one of the persons involved, and he admits it right here. September 23rd, 2011

Transcript

Bush and Avilla

Bush

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, you’re outside of the 1 to 3 year statute of limitations on this. So,

we can’t prosecute it beyond that.”

Avila

Which, in general terms, is…

Bush

Correct.

Bush

Right. Now, there is a six-year statute of limitations that applies to any offense that may,

um…that 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 committed—it’s not just the auto theft;

they’re trying to focus only on the auto theft, but it was also the credit card access…

Bush

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 don’t know if you’re 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 they’re talking about their gang and

their affiliation and what their group does, and da-da-da-da-da… I said, “There’s 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, that’s…

Bush

Right, right.

Bush

Right.

Transcript

Bush and Avilla

Avila

…and, some of those have to do with current, ongoing, um, uh, criminal activities

[inaudible] to speak to you

Bush

Right.

Bush

Right.

Bush

Great.

Bush

Mm-hm…

Bush

Mm-hm…

Bush

Yeah, well, Moises explained all of this to me very well, and I accept it and it’s fine.

I…I…I…you 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 can’t argue with

the law. It’s…obviously, he’s correct in everything he said. The only that I found, uh—I

don’t want to use the word “unacceptable”—but, 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.

Bush

Oh, it did?

Transcript

Bush and Avilla

Avila

We sent it up to…

Bush

I did not even know that.

Bush

Okay.

Bush

Okay.

Bush

Alright.

Bush

Okay.

Bush

Oh, wow!

Bush

Okay.

Bush

Oh, really?

Bush Okay. Bush Oh, wow! Bush Okay. Bush Oh, really? September 23rd, 2011 9:23 a.m. Page

Transcript

Bush and Avilla

Bush

Okay.

Avila

…only because [inaudible] we don’t 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.

Bush

Okay, okay.

Bush

Okay. Alright. Well, I have probably, uh, over a hundred hours of recordings—not all of

them all on this issue—but, I…I don’t want them making the determination without actually

consulting with me first and saying, “Here’s some difficulties [stutters] we’re having with…

with pushing…pushing this through, uh, as you wanted, and do you have,” or, “What we

would need, or what we’re lacking…” You know what I’m saying? Because I have spent

so much time with this issue [that] I can’t imagine not having anything that they need to

go forward. If [inaudible] comes and says, “You know what? The…the officer didn’t collect

enough evidence along these lines,” [or], “ You didn’t make that claim back then,” or, “He

didn’t 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…

Bush

Sure.

Bush

Okay.

Bush

Okay.

Bush

Okay.

Transcript

Bush and Avilla

Avila

…because I don’t if we truly have it…

Bush

Okay

Bush

Okay.

Bush

Alright, alright.

Bush

Alright.

Bush

Please!

Bush

[sighs] I’ve 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 can’t help you.” I mean, knowing

what I know and knowing what I have that could have made it work—you know what I’m

saying—but, it wasn’t asked for. That would be

know what I’m saying—but, it wasn’t asked for. That would be September 23rd, 2011 9:23 a.m.

Transcript

Bush and Avilla

Bush

Yeah…

Avila

…sometimes there are things that… All of us think that it is truly a good case—that it’s a

prosecutable case…

Bush

Yeah, yeah, yeah… But, they won’t do it. Right?

Bush

That’s fine.

Bush

That’s fine. That’s fine.

Bush

Right, right, right.

Bush

That’s fine.

Bush

Sure.

Bush

Great.

Bush

Alright.

Transcript

Bush and Avilla

Avila

…looked at it.

Bush

Sure. Alright.

Bush

Alright, sounds good. Um, so… Yeah, that’s fine, I guess. Uh, and, just to let you know

again, the, you know, just besides [inaudible] and what-not, it’s 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

Yeah. I…yeah, yeah, yeah.

Bush

Yeah.

Bush

It’s just the pattern of harassment more than, like, safety. I mean, I haven’t been injured

since 2008; but, you know, it’s just constant… It’s just constant, uh, you know, crap, really.

And, it’s just…I…I feel like I’m 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 don’t see any end

in sight. And, um, I just wanted the tide to turn in my favor just this once, you know what

I’m saying? So, it’s kind of like I’m…I’m really pushing to make this happen finally. I mean,

I would have been more on it before, but it was…they left me, you know, completely

destitute. And, there…those…my survival needs were the primary goal for me at that time,

and, now, you know, now that I’ve got a little bit of breathing room, maybe I can start, uh,

taking care of this problem. You know, that’s what I’m looking for.

uh, taking care of this problem. You know, that’s what I’m looking for. September 23rd, 2011

Transcript

Bush and Avilla

Bush

Okay, great.

Avila

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

reviewed…

Bush

Got it.

Bush

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 see…if you don’t 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 that’s, like…that’s three different affiliations—three different races—that have come

to, uh, to not protect you, but to exploit you. [voice of Jonathan Harrington again] They’re

actively making it so you cannot sell your home, and [are] driving you into the ground

even…even 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] I’m

gonna fuck you…I’m gonna fuck…where 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]

Bush

Okay, so…

Bush

These are excerpts…yeah…excerpts that kinda say, “Here’s the issue—in sum—that

occurred,” and, why it’s not just a stolen car-stolen credit card thing.

Bush

Well, I had things to take. Once my things were taken, there were no further issues.

Transcript

Bush and Avilla

Avila

But, they are still bothering you…

Bush

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, it’s more of a retaliation issue now

than it is [inaudible] That’s what it was all about. So, you get the idea. If you don’t see that

[media file]…

Bush

Alright, alright.

Bush

Sure. 4-0-8…

Bush

…uh, 7-9-1-4-8-6-6.

Bush

That was the date that he (Officer Glasgow) called to say it was a good auto theft report.

And, that’s not the original reporting date.

Bush

Josh Williams, uh, Koppen…slash Koppenhaver—he might have two names.

Bush

Uh, K-O…

Koppenhaver—he might have two names. Bush Uh, K-O… September 23rd, 2011 9:23 a.m. Page 15 of

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Bush and Avilla

Bush

P-P-E-N, uh, H-A-V-E-R. And, then, the…the second suspect, uh…there was another

recording where, uh, a friend of theirs had witnessed them both in my stolen car at the

time it was stolen, and he’s saying, “I didn’t know that it was stolen at the time, but,

yeah, those two were in it.” And, I knew they were. Um, one of the…his name was Jon

Harrington…that… I don’t know if he’s listed in the report or not, but he might be. But,

uh…

Avila

[inaudible]

Bush

He was calling me the whole time saying, you know, “Well, if you destroy those recordings

you have, “ da-da-da-da-da-da, “I’ll get your car back”—basically—and, all this other kinds

of stuff. “I’ll find where Josh is,” da-da-da… And, the whole time he’s calling me from my

car, so…

Bush

I got it back; but, uh, completely ransacked. I…they had slashed every seat in the car.

They had dented…put 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…

Bush

I have everything. I have everything, yeah. So, yeah, it was bad; it was bad. And, um, but,

yeah, there’s a…a…a lieutenant or an Officer Falco report that happened probably five

days before that. And, then, there’s the Stuart Glasgow report, which has a supplemental

to it, as well. So, there’s just the…there’s the initial auto theft report, and then you need to

look for a second report, you know, there’s two of them.

Bush

Okay.

Bush

Fine.

Transcript

Bush and Avilla

Avila

[inaudible]

Bush

Fine. Alright, so I guess that’s it, then.

Bush

Okay.

Bush

Okay.

Bush

Sure.

Bush

Alright.

Bush

Okay. Perfect, perfect. Alright.

Bush

Sounds great.

Transcript

Bush and Avilla

Avila

…and, squared away, alright?

Bush

I’m satisfied that things are moving on it, so that’s great. Alright.

Bush

Alright. Thank you

Bush

Thank you for this [holds up Avila’s business card].

Bush

Okay.

Bush

Not a problem. Not a problem…

Bush

…at all. Alright, thank you so much.

Not a problem… Bush …at all. Alright, thank you so much. September 23rd, 2011 9:23 a.m.