Jun 6, 2017

Kyle Zoellner trying to file charges against Castillo brothers and Paris Wright for assault and battery; uncle claims APD being difficult

Letter from  Kyle Zoellner's uncle:

"Hi John,

Just so you know Kyle is in the process of getting the APD to file charges against the Castillo brothers and Parris Wright for assault and battery but they are being difficult for some unknown reason."

"Think about it, they admitted to attacking Kyle at the party without any provocation and everyone has testified to this?  What more do the police need?  The assailants above admitted in court under oath that they beat Kyle up. "

Thank You,
Jay Zoellner


I contacted APD Chief Tom Chapman to get a response to that first paragraph.

Chief Chapman's first response was" I don't know what he means."

I asked, "Is that an official response?"

Then I asked Chief Chapman, "Even his claim aside, there was testimony in court, so why hasn't the APD questioned Paris Wright or the Castillo brothers?
Chief Chapman's follow up response:"All of them have been questioned." 

June 7: Jay Zoellner's response:
John; 
Check list for Police Chief Chapman to arrest the Castillo brothers and Wright for assault and battery;

When the police believe they have “probable cause,” they are saying that reasonable grounds exist for concluding that a crime occurred and the arrestee committed the crime. The police can consider many kinds of evidence and information in determining whether there is probable cause to arrest someone, including:
  • statements of the victim (Kyle gave this statement at the police station the morning of the attack)
  • statements of witnesses who saw or heard the events (Testimony in court under oath by witnesses of the attack)
  • statements of the person accused of committing the crime (Testified in court they assaulted Kyle without provocation)
  • physical evidence, such as a weapon or damage to property at the crime scene (Kyle's picture demonstrates the battery that took place)
  • physical injuries to the victim (Kyle's picture demonstrates the battery that took place)

Kyle went down to the APD 2 weeks ago with his father to press charges as he and his father were tired of waiting for the APD to take the proper actions on their own but Kyle's father was not comfortable with Detective Dockweiler during their visit so they left to get additional counsel.



16 comments:

  1. this will be ugly, but it is assault, admitted under oath in court. pretty much compels APD to act or he can sue them. I would file a civil action against the three and BU too.

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    1. and HSU for sanctioning such an organization and continuing to do so after everything that came out. I wish someone would go to HSU and start asking the tough questions about why no action has been taken against the organization

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    2. Unless there is evidence that the three individuals were acting on behalf of BU when they assaulted Zoellner, there is no cause for action against BU. I'm not saying it's a great organization, just that evidence for a cause of action has not been presented.

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  2. Brothers united is the local BLM chapter-radical and hostile to all whites.Kyle, in his naïve position, should NEVER have been at that party. However, assault with intent to harm is a felony and the charges against his assaulters needs to made. No questions are relevant-file charges! If there is purposeful delay by Chief Chapman-charge him with dereliction of duty. Fire his ass! Let's get thru this caustic community event and get on with our lives.

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    1. Technically, he only showed up to pick up his girlfriend and her friend, then asked (politely, all involved have said.) if anyone had seen his girlfriend's phone. He was not 'at the party', though being polite may have come off as weakness or an invitation to less civilized people who are impaired by alcohol and whatever else was there... He just happened to come along when someone was apparently looking to start beating on people.

      I am beginning to have serious doubts about even the likelihood of him or his friends being involved in the death itself. Something is very, very fishy among the BU people.

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  3. Stupid apd is to scared of all these black folks and that is dumb. Had this been anyone else all of those punks would have been arrested already!

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  4. Do they have to go through Arcata PD or can the DA file the charges? Couldn't he go right to the DA? Lawson's supporters are trying to get witnesses to start talking with an even larger reward as a positive reinforcer, but perhaps some positive punishment through the threat of jail time would stop the lies. Loss of consciousness constitutes serious injury which is an aggravating condition for battery in CA.

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  5. Glad to see Kyle is getting grass roots support for his situation even if the authorities aren't responding.
    I think people might want to be aware of what rights a victim has under California.
    https://oag.ca.gov/victimservices/content/bill_of_rights

    What happened to Josiah Lawson does not negate or limit the rights of
    Kyle Zoellner.

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  6. Police don't file charges. The district attorney's office does. If your going to whine, at least whine about the correct agency.

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    1. Police may not file charges Shunka but they did investigate this case, they do have reports and they did not arrest anyone else. Officer Nielsen arrested Kyle Zoellner on the scene because the crowd told him so. There was not a single eyewitness at that time or now to the stabbing.Kyle Zoellner was beat up and badly. APD is still investigating this case. The DA files charges based on evidence a law enforcement agency provides.The letter is brief. The Zoellners are not obligated to fill in every step they take to you, some anonymous commenter who thinks you have all the answers. Before you attack others, make sure you know your facts and procedure. You don't, so the only whining is coming from your direction.

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    2. I agree John. My take is that the DA went forward based largely or even solely on APD's report, which erroneously stated an eyewitness identified Kyle as the stabber. Once the truth was revealed that the witness did not id Kyle, there was too much momentum to stop. What puzzles me is why the DA went forward without due diligence, after Kyle's attorney refused to waive his right to a speedy trial. Why not release him (where's he going to go?) and then recharge him at a later date if the evidence is compelling?

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  7. Don't forget Arcata Dad who was assaulted by DJ Lawson and the gang Brothers United and no charges seem to be expected as that would be "racist."

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    1. AD had not identified his assailants in his original police report. It was only after Lawson, Bobadillo, and Chandler became publicly known that he ID'd them. I suppose his IDs could be verified by a police lineup, although there may be some difficulty doing that with regard to Lawson.

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    2. Was this report also prepared by Eric Losey? They have court testimony from Castillos and Wright.

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  8. Chapman needs to get his shit together.

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