JAMES A ARMSTEAD * IN THE
and KRYSTAL ARMSTEAD, *
* DISTRICT COURT
Plaintiffs, *
* OF MARYLAND FOR
v. *
* ANNE ARUNDEL COUNTY
EASTERN DISTRICT POLICE DEPARTMENT, Et Al CASE NO. 07-02-0007980-2012
*
Defendants *
* * * * * * * * * * Statement of the case
The complaint is due to an improper search and seizure of Mr James and Krystal. Armstead’s home between approximately 2:30 and 2:45 the morning of August 10th, 2012. The following are the events that occurred:
At 2:30 in the morning, the police BURST through my bedroom window. There had to be at least 30 men that came running through my bedroom window, my living room windows, and my front door. I was completely naked, and 5 months pregnant suffering from placenta previa and am at risk of bleeding to death when I go in labor. I immediately jumped up from the bed and ran into my children's room because I thought they had my kids. And two men chased behind me aiming there guns at me. My husband came close behind, and one of the swat team rammed him in the head with his shield! I was on the floor, terrified, and naked, with the two guns aimed at me. Yes, I was yelling, screaming, and cursing and they had the nerve to tell me to call down. My kids were in shock. They took my husband into the living room after giving him his shorts to put on. My daughter gave me her blanket because I refused to let them get me anything. They told me to go into the living room and sit on the couch. I sat there, screaming for them to show me a warrant. They didn't respond. My husband sat at the table, hands tied behind his back, and blood running down his face. My kids came out of their room, and one of the men had the audacity to hold my 17 month old son. The police destroyed everything in my home looking for alleged weapons and bombs and anything to prove that what that supervisor said at child support was telling the truth. There is no phone recording, all there is are repeat phone calls to the child support office and circuit court.
The police DID NOT show me the warrant until after they took my husband away and until 1 minute before they left out my door. He then told me that he would have to call my unit on Andrews AFB and tell them the situation since it is my address that they got my husband from. That very same morning at 7:30, my commander called me and said he had gotten a call that I have a WARRANT out for MY arrest!!??
Both my husband and my name have been defamed throughout this state. I do NOT have any record whatsoever, but I was being thrown out of my apartment in 30 days because Meredith Gupton decides she is tired of my husband calling about mistakes that the court has made.
The news had EVERYTHING backwards. Yes, my husband has children in Tennessee. The mother of the children filed for child support in TWO states at one time. She was getting child support for the children from BOTH states, which is FRAUD! She received benefits in Texas and in Tennessee, and has gotten away with pressing false charges on him even though she has not had any contact with him in over a year and half since he found out his daughter was raped by a 21 year old when she was 15. James tried explaining this to the court and they wouldn't listen. He has been through so much in his life and this system is making it so much worse. The IRS has taken nearly 8,000 from him in taxes because both the state of Tennessee and Texas offset his wages and taxes for child support for the SAME three children.
My husband is innocent and look how his name has been ran through the mud off of hearsay. My children cannot sleep. My 8 year old STILL cries every night since the incident, waking up from nightmares of the "men in black with the guns". When I was pregnant last year, I started bleeding from stress. And we are going to have NO place to live because of this nonsense. The media doesn't care about who's lives they are ruining either. Why would you state hearsay as if it is a fact? Why not question me sincerely, asking me about what REALLY happened instead of trying to pump information out about my husband and his business with the child support office? Why not ask about all the letters that I wrote to news papers and his blog that I posted online about how much pain my husband has gone through over false charges and accusations?
Our lives are ruined. It took months to find a property that would let me move into their property with my husband's name across the news and me being kicked out because of these lies. I am at risk of losing my job and there is no way that James will ever get one! I went straight to the court house that Friday of the incident and put a lawsuit on everyone who jumped through my windows that morning, including the "woman" who caused this problem.
I cannot believe that for years, I have been asking for help for all the wrong that has been done to my husband over the past 7 years of his life here in Maryland. And instead of helping this man, you all would defame him by accepting the information from people who have no proof of what they are providing to the public. I am in the military, in the Air Force. Why would my husband call the Child Support office and threaten to kill them with an AK? Why would he tell them that WE have military guns in our house, knowing that the courts are just waiting for a reason to arrest him? The police lied to the media, telling them that they found documentation in my home stating my husband was going to purchase an AK! Where? What documentation?! My husband is disabled--I am the one who does all of his paperwork. The only thing that the police took from my house was a picture of transcripts of his court date at the circuit court, my BGE bill, and his phone! They lied to my Commander and told them I was involved, too!
It took us nearly 4 months to find another place to live. We have been harassed and followed by the police department more since that date. On January 18th, the judge dropped the "Threats to State Official" and 2 counts of Telephone Misuse. BUT, the state (States Attorney Karen Anderson-Scott) brought the case back up again, charging him with telephone misuse, trying to charge him for every time he called the office of child support enforcement last year!! This is wrong! How could someone do this?! How could the court allow the state to bring back a charge that was dropped, that they had absolutely no evidence of, and that did not deserve a bond of 100,000?! The state switched the bond from the case that was dropped and attached it to this new "Telephone misuse charge" of which they are going to use the SAME WITNESSES from the case that was dropped for lack of evidence!
The Office of Child Support Enforcement has been harassing and ripping him off for years. They allowed the mother of his children to file for child support in Tennessee, Texas, and now Maryland at the same time, garnishing wages form his checks for the SAME children! That is fraud, and should have never happened. The money from Texas was released back to the IRS but the IRS refuses to refund my husband his money. The office of child support in Tennessee closed its case out in 2011, but Maryland decided to pick up the case. No one is looking out for my husband's children who have been victims of statutory rape, abuse, and neglect.
Defendants Involvement:
1) Judge Michelle Jaklitsch
On Meredith Gupton’s first attempt to press charges against James Armstead for “Threats to A State Official”, the commissioner refused to issue a warrant for his arrest because there was “No probable cause” to arrest Mr. Armstead. In Detective Jon-Paul Hipsky’s notes, it clearly stated that "The District Court Commissioner reviewed the Application and determined that Probable Cause did not exist for criminal charges against the suspect." How could Hipsky’s application be denied, but Detective Henandez-Walter bypassed the commissioner and went straight to Judge Jacklitch to have the warrant signed?! However, Meredith Gupton and Defendant Detective Tania Hernandez Walter went over the commissioner’s head, straight to Judge Jaklitsch to have the warrant signed.
The case against Mr. Armstead in District Court (3A00254173) was initiated WITHOUT ANY EVIDENCE. He was first held at a $60,000, then without a bond, and then the bond was changed to $100,000. If a bond & a criminal court case can be issued against someone when there is no evidence to even support the case (other than a “State Official’s word), then surely a civil complaint with sufficient evidence that was filed by a Federal/ United States Military (Air Force) employee should be recognized and honored.
The Complaint was filed with Nancy K. Koop, State Treasurer, on August 10th, 2012 and the Amended complaint was filed with the State Treasurer on September 13th, 2012. The service was made at the District Court after mailing Nancy K. Koop her copy, NOT the Circuit Court as the attorney for the Defendant claims.
Judge Michele Jaklitsch issued a warrant for Mr. Armstead’s arrest having no evidence that Mr. Armstead even committed the crime. Repeat phone calls to the Court or to Child Support enforcement does not constitute an arrest and a bond of 60,000 or 100,000. There was no evidence of the threats to the “state official” Ms. Meredith Gupton were ever made. There was no recording. All Ms. Gupton had to do was SAY that Mr. Armstead threatened her, and yet, Mr. Armstead bears the burden of PROOVING that he didn’t do what she SAID that he did? The system is not fair and is set up so that “State Officials” have immunity, meaning that they can cause harm to a citizens life and the citizen cannot receive relief for his or her injuries caused by the state?
Judge Michelle Jaklitsch issued a Body Attachment Warrant for James Armstead and a “Search and Seizure Warrant of Krystal Armstead’s apartment based on only a “State Officials” word and no written or recorded evidence to support the issuing of the warrant. The police performed an improper search and seizure of Mrs. Armstead’s home and as a result of this, Mrs. Armstead (who is nearly 6 months pregnant, high risk) and her 3 children have been thrown out of their home onto the street. In the Defendant’s Motion to Dismiss, she did not state that the case against Mr. Armstead was supported by evidence and that his claim against her should be dismissed because of this reason. Her only defense is that Mr. Armstead didn’t file his complain with the State Treasurer (which he has) and that she has “absolute immunity”.
REASONS WHY CASE SHOULD NOT BE DISMISSED FOR Judge Jaklitsch
Absolute immunity should not even exist when a judge engages in this type of intentional behavior that causes serious harm to people. The judge based the decision to issue a warrant off of personal beliefs rather than the evidence placed before the judge which was nothing but hearsay. The rule of so-called “Absolute Immunity” seems to give judges the right to issue judicial rulings in any manner, no matter how malicious or false the charges may be. The rule of Absolute Immunity is unjust and violates the Civil Rights of citizens who have been falsely accused by judges.
The motion for Discovery for the case against Mr. James Armstead (3A00254173) contains no evidence that would give the judge any reason to issue a warrant for his arrest. The address that the police raided (450 Glen Mar Road, Apt A1, Glen Burnie, MD 21061) is my address.
James Armstead is not a tenant at her home. He is not a resident of Glen Mar Apartments. Therefore, an arrest should have never been made.
Mrs. Armstead and her family have lost their home. Her apartment was $1100 per month and her lease is not up until February. Since Mrs. Armstead has been thrown out of her home on September 20th, she is responsible for the remaining balance of her lease which is$6209.68. She is also responsible for the $1200 in damage that the police and the detectives caused to her apartment (windows, door, and stains on carpet). Because of the warrant initiated/ signed by Judge Michelle Jaklitsch, Officer James Reid called Mrs. Armstead’s Base Commander at her unit on Andrews Air Force and embellished the circumstances of the raid on her apartment. He told the police department that Mrs. Armstead had a warrant for her arrest as well and that she was involved in the crime as well. Mrs. Armstead was taken off of active duty orders, which would amount to nearly $30,000.
2) Meredith Gupton
Meredith Gupton’s false and over-exaggerated reports to the police department and to the media have nothing to do with the State or her employment with the state. The Plaintiff’s are suing Meredith Gupton for her false accusations and do not have to wait until the State Treasurer responds as this is not a State matter, but a personal matter.
The information documented in the Defendants attachments is not fact, but her written /typed notes that were either entered by her or the attorneys that work in the Child Support Enforcement Office. Just because the Defendant’s made those written entries does not make the information that they entered correct.
Case 02-K-12-002212 was “Nolle Prosequi” on January 18, 2013 for lack of sufficient evidence.
The evidence that Attorney Jonathan Pomerance uses to support his motion to dismiss are irrelevant. (Attached, Exhibit 1). The case was dismissed because:
i. Ms. Gupton is not a state/ local official and cannot accuse me of Charge 1: CR 3-708(b), THREAT/ST OFFICIAL/TO INJURE: “...did knowingly or willfully make a threat to [take the life of/ kidnap/bodily injure…], a [State Official/Local Official].”
· CR 3-708(c) defines a state official as “a member or member-elect of the General Assembly, a judge or judge-elect of a court created by Article IV, 1232 or a constitutional officer, District Court Commissioner, masters, examiners, auditors, or officer-elect in an executive agency of the State government.”
· CR 3-708(c) defines a local official as “an individual serving in a publicly elected office of a local government unit (county; municipal corporation; special district established by State law; special district that is established by a county; or an office, board, or department that is established by State law).”
· These rules/ articles are confined to elected officials and DOES NOT REACH STATE EMPLOYEES IN GENERAL. Employees of a local agency who do not hold an elected office are not applicable under this rule.
· Considering the above rule, Ms. Meredith Gupton IS NOT in any capacity a state official or a local official.
ii. Ms. Gupton cannot accuse me of Charge 2: CR 3-804(a)(1), TEL MISUSE: SINGLE CALL, “...did use telephone facilities and equipment for an anonymous call in a manner to [annoy/abuse/ torment/ harass/ embarrass]…”
a) On page 28 on the Discovery, Ms. Gupton claims that my wife, Krystal Armstead (who she claims fully identified herself) called her on the phone on June 21st, and she says that she heard me in the background yelling and cursing, saying that I was going to “break her knee caps” and “wait for her outside of her job when she got off at 4:00.” She claims that my wife heard me make these threats.
b) She cannot claim that I called “anonymously” but then state that I she knew who I was because my wife identified my name, though she claims that I refused to get on the phone.
iii. Ms. Gupton cannot accuse me of Charge 3: CR 3-804(a)(2), TEL MISUSE: REPEAT CALLS : “...did use telephone facilities and equipment for repeated calls, with intent to [annoy/abuse/torment/ harass/embarrass] …”
a) The call logs in the Discovery start at August and end at the month of March. The discovery states that my wife called, asking questions about “how could Maryland even take on a case that was fraudulent”. The discovery mentions my wife calling, explaining that the case was fraudulent and that “the case was open in Texas and Tennessee at the SAME TIME”. Mrs. Arnstead went on to explain to Wendy Weeks that the “ IRS took nearly $7500 from (my) tax returns, not to mention both Maryland and Tennessee garnished (my) wages for the same children.”
b) If Meredith Gupton is claiming that I called multiple times to the office of child support, the calls that she claims that I made were not “with intent to annoy, abuse, torment, harass, or to embarrass” her or anyone from the call center.
Before an arrest was made, Ms. Meredith Gupton sent information to the media and to the Child Support Enforcement Office in Tennessee.
a) Why would Ms. Gupton call Tennessee 4 times and tell them that James Armstead was threatening to “shoot the child support office up with AK-47s and military weapons”?! Ms. Gupton sent out a press release to the news as well on August 8th (attached), defaming James Armstead’s name further before an arrest was even made. She informed the media of the allegations before he was even arrested on August 10, 2012.
REASONS WHY CASE SHOULD NOT BE DISMISSED FOR GUPTON
· A written claim of our injuries was submitted to the court of August 10th, 2012. An Amended Suit was filed on September 18, 2012 as well as a new “Notice of Intent to Sue”, and both were sent out to the State Treasurer and her designee.
· We did not fail to comply with the Maryland Tort Claims Act because our time has not lapsed to file a claim not does anywhere in the Maryland Tort Claims Act state that an amended suit with a new “notice of intent to sue” cannot be filed.
· If the Plaintiff’s knew Meredith Gupton’s home address, they would have mailed the summons and complaint to her home instead of her job. Meredith Gupton’s false and over-exaggerated reports to the police department and to the media have nothing to do with the State or her employment with the state. The Plaintiff’s are suing Meredith Gupton for her false accusations and do not have to wait until the State Treasurer responds as this is not a State matter, but a personal matter.
· We did not fail to “state a claim upon which relief can be granted” because we more than explained the events of that night which are self explanatory:
o Defamation: We pleaded defamatory communication when we explained how Meredith Gupton overreacted and lied to the police department, alleging that James Armstead threatened her, saying that he was going to shoot her knee caps out after work and that we had AK 47’s in our home. Officer James Reid then in turn took her lies and told Krystal Armstead’s Air Force commander at the 459 Air Refueling Wing on Andrews Air Force Base that she in fact was involved too and that she had drugs in her home. Krystal Armstead was taken off orders on base until the case against her husband is over.
o Emotional Distress: Ms. Gupton’s communication to the police department has more than caused emotional distress as explained in the complaint. Krystal Armstead and her 3 children are at risk of being homeless on September 20th. That very same day that James Armstead was arrested, the property manager for Glen Mar Apartments (Dee Casey) called her and stated that she has until September 20th to move and that she is responsible for all the damages that the police made to her apartment.
o False Imprisonment: Phone calls to the child support office do not constitute an arrest. There is no evidence, recorded or written (besides what Ms. Gupton submitted to the police department) that support James Armstead’s arrest. The events that occurred that night were uncalled for and caused unnecessary commotion throughout the neighborhood.
o Negligent harm to Krystal Armstead’s child: Krystal Armstead suffers from Placenta Previa and possible early onset pre-eclampsia. The police officials had her naked on the floor, hands in the air, at 2:30 in the morning without letting her know what was going on and why dozens of men with weapons were in her home early that morning.
· These events were described in full on the original claim. Not to mention, more events resulted from the events that occurred that day which are included in the amended complaint.
3) HERNANDEZ-WALKER, TRUIT, PYLES, REID, AND ANTAL
Each of the defendants was involved in the matter as stated in the original complaint and the amended complaint. All defendants are responsible for the damages that occurred the morning of August 10th. Detective Tonya Hernandez-Walter wrote a complaint for Meredith Gupton that stated that James Armstead had alleged threatened Ms. Gupton. Before the warrant was issued, this detective’s complaint started an investigation on not only James Armstead but also his wife, Krystal Armstead. Police officers were trailing Ms. Armstead’s car for days and even servillanced her apartment for days before the event (the raid on her home) took place. Walter’s complaint mentioned the fact that Mr. Armstead’s phone calls dated all the way back to March. When Mr. and Mrs. Armstead went to a court date on May 22, 2012 (case 02C11163021) for a child custody case, the police officers at the security station in the Circuit Court refused to let Mr. Armstead and his wife into the Circuit Court without being escorted. The officers were very crude and rude with Mr. Armstead, trying to provoke him to make any sort of comment that would make him seem dangerous or a threat. Mr. Armstead was not sure what was going on or why he had to be escorted to the courtroom. When Mr. Armstead proceeded to the court room, Judge Michael Wachs informed him that he had been making repeat phone calls to the clerk administrator. That very same day, Mrs. Armstead put in a request for that court transcript. When Ms. Armstead went to the sheriff’s office located in the Circuit Court, no one would allow her to view the documents, saying that once the case was closed, she would be able to view the file.
When Mr. and Mr. Armstead returned to court that week on May 24th, 2012 (case 02C12168251) for an interstate Child Support Case, the same events took place, only this time, neither of the police officers would even let James into the building WITH an escort. They claimed that Mr. Armstead’s court date had been rescheduled until 1:30 when Mr. Armstead clearly had the evidence that his court date was at 9:30. The police officers argued with Mr. Armstead, telling him to calm down and leave the court room. The police officers escorted Mr. Armstead outside, while Mrs. Armstead proceeded to the clerk’s office. They were just as confused as the officers were. The supervisor of the clerk’s office stated that the sheriff’s department told her that the date had been changed. Mr and Mrs. Armstead drove all the way back home to Glen Burnie when they received a phone call from the sheriff’s office telling them that the sheriff had made a mistake and for them to come back because Mr. Armstead had a 9:30 court date! While the two were in the Circuit Court, the two REPEATEDLY told the officers and the clerk’s office that they had to go to court. Because of the “state official’s” (Administrative supervisor of the Circuit Court) complaints from James Armstead calling about his cases, the court officials including the sheriffs found everything that James Armstead said incredible.
James Armstead’s word means nothing in the court system because of “State officials” filing complaints against him. But when James Armstead tries to retrieve these complaints from the sheriff’s office in the Circuit Court, all of a sudden, no claims exist. But when Detective Hernandez-Walter wrote her complaint, she mentioned all of the complaint files that had been filed against him that neither Mr. Armstead nor his wife was ever allowed to see.
Detective Hernandez-Walter had a raid on Mrs. Armstead’s home based off of hearsay, and not off of any recorded evidence. There is no evidence written or recorded, including James Armstead’s voice or handwriting stating that he was going to harm anyone at the child support office here in Anne Arundel County, or that he was going to “shoot up the child support office in Memphis, Tennessee”, or that he was going to “shoot (Meredith Gupton’s) knee caps off when she got off of work at 4:00”, or that he was going to “kill everyone and then himself”, or that he and his wife had “Ak-47’s or military weapons in their home”. These allegations have caused severe harm to both Mr. and Mrs. Armstead.
The warrant that Detective Hernandez-Walter had signed by Judge Mishelle Jaklitsch should have never been issued based off of hearsay and no evidence. According to the detective, ANYONE of high status and power can call the police on someone, say the person committed murder, and without having evidence, the police can raid that person’s home at any time, and arrest that person on an outrageously high bond.
Officer James Michael Reid is the detective who at 7:00 in the morning, made a phone call to Krystal Armstead’s base commander at the 459 Air Refueling Wing, on Andrews Air Force Base, and told her commander that she in fact had a warrant out for her arrest and that there was a large amount of “Contraband” found in her apartment, along with documentation that she was assisting her husband in purchasing an AK-47! Krystal Armstead does not participate in any sort of criminal activity. For this detective to call her commander, and basically embellish the findings at her apartment to her boss, was uncalled for and Mrs. Armstead has sustained sufficient damages because of this. She is not allowed on active duty orders until further notice. She is placed on standby until the outcome of her husband’s case. The children of Mr. and Mrs. Armstead continue to have trouble sleeping due to the event that happened that night. They are traumatized over an event that should have never taken place.
The media camped outside of Mrs. Armstead’s apartment for days while her husband was in jail on a $100,000 bond. Both Mr. and Mrs. Armstead’s names were defamed all over the news and the Internet. Not to mention Mrs. Armstead’s name was defamed all over Andrews Air Force Base, her place of employment. The media sent Mrs. Armstead emails about what the police officers claimed they found in her apartment. All the defendants involved stated to the media that they in fact found evidence that Mr. and Mrs. Armstead were trying to purchase Ak-47s. The only documentation that the attorneys took when they left Mrs. Armstead’s apartment were her BGE Bill and pictures of transcripts (dealing with child support cases) that were in folders in crates Mrs. Armstead stored in her room.
The defendants acted on “Actual Malice” when they intentionally lied to Mrs. Armstead’s commander, when they hit Mr. Armstead in his face with a riot shield, when they destroyed Ms. Armstead’s home when Mr. Armstead isn’t even on her lease, when they issued a warrant based off of hearsay and no actual evidence, and when they lied to the media about what they actually found in Mrs Armstead’s apartment.
2010 Maryland Code of COURTS AND JUDICIAL PROCEEDINGS, TITLE 5 - LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES, Subtitle 3 - Local Government Tort Claims Act, Section 5-302 - Nature and extent of legal representation states that:
(2) (i) An employee shall be fully liable for all damages awarded in an action in which it is found that the employee acted with actual malice.
(ii) In such circumstances the judgment may be executed against the employee and the local government may seek indemnification for any sums it is required to pay under § 5-303(b)(1) of this subtitle.
REASONS WHY CASE SHOULD NOT BE DISMISSED FOR THE FIVE POLICE OFFICERS
Affirmative Defenses
Assumption of Risk is defined as “a defense in the law of torts, which bars a plaintiff from recovery against a negligent “tortfeasor” if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time of his injury.”
Neither Mr. or Mrs. Armstead allowed these defendants into Mrs. Armstead’s home to destroy her property or to traumatize her children. The officers didn’t even show the warrant until AFTER they took Mr. Armstead away from the property. Neither plaintiff had any idea of what was going on and why Mr. Armstead was being arrested. So how do any of the plaintiffs have any “assumption of risk”?
Contributory Negligence
The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his own injury. Negligence means that someone was careless and as a result of being careless, someone else was injured.
In what way did Mrs. Armstead contribute to her own risk? The officers who raided her home did not have any evidence that Mr. Armstead in fact committed any crime towards any “state official”. All they had was Meredith Gupton’s (the “State Official’s” word. No recording, no documentation, nothing. Mrs. Armstead is being evicted from her apartment due to this improper search and seizure. The police could have simple knocked on Mrs. Armstead’s door and asked if James Armstead was in fact living there. Mrs. Armstead did nothing to contribute to this event. She didn’t contribute getting her home destroyed. She didn’t contribute to have her foot cut up from glass bursting from her windows. She didn’t contribute to ending up in the hospital from contractions after the event occurred. She didn’t contribute to her children being traumatized and having continuous, reoccurring nightmares. She didn’t contribute to being given 30 days to vacate her apartment for a crime that she nor her husband did not commit. She did not contribute to the police who continue to sit outside of her apartment watching her (literally standing outside of their cars) every other day. And she did not contribute to having her civil rights taken from her when police raided her apartment searching for a person who isn’t even on her lease.
Statute of Limitations
The “Statute of Limitations” does not apply to this case as the time to file a suit for a claim is between 1 and 3 years after the occurrence. It is ideal to file a claim soon after an event so that the evidence is not lost or memories of the occurrence stay in tack. Regardless of the fact that the case against Mr. Armstead has yet to go to trial, Mrs. Armstead has been harmed as a result of the Defendants’ negligence towards her entire family.
4) Eastern District Police Department
a) Officer Hernandez issued a report dated August 10th for the alleged incident that occurred August 7th. On page 13, Officer Hernandez issued a report dated August 14 for the alleged incident that occurred August 7th. On page 15, Officer Castor Renando issued a report dated August 7th for the alleged incident that occurred on August 7th. And on page 16, Officer Castor Renando states that on “August 17th” he responded to Meredith Gupton’s complaint. How many complaints did Meredith Gupton make in one day at 5:20 to the police department? On August 17th, James Armstead was incarcerated for this alleged crime so how could Officer Renando issue a report on that date?
b) It was Krystal Armstead’s apartment, NOT James Armstead’s apartment that was broken into at 2:30 in the morning on August 7th. She was the one who posted a $100,000 to get James out of jail for something he didn’t do. The discovery “forgot” to mention the fact that the detectives called her unit commander at Andrews Air Force Base and told her commander that she had a warrant for my arrest as well, that she was involved, and that they found “contraband” in her home! They caused her to be taken off of active orders on base. They told the media and her commander that they found evidence in her home that she and James were trying to purchase Ak-47’s when the only items the police department took from her home were a BGE bill, a tin can with cigarette ashes, and pictures of transcripts dealing with the child support case. They ruined her apartment, bursting all of the windows in her room and in the living room, kicking her bathroom and front door off the hinges, and putting black boot marks all over the carpet. They caused about $1500 in damages. Not to mention caused their three children severe emotional drama after seeing their mother naked on the floor with guns aimed at her head at 2:30 in the morning.
REASONS WHY CASE SHOULD NOT BE DISMISSED FOR JOE ECKLOFF/ POLICE DEPARTMENT:
1. Strict proof has been submitted supporting the Defendant’s involvement with this claim. He was one of the arresting officers the night that James Armstead was falsely arrested. The proof is attached to the claim and mentioned in both the claim and the amended claim.
2. The Defendant is not immune from suit if he breached his duty in any way, shape, or form. Officers of the Anne Arundel County Police Department (Eastern District, Annapolis City, and Baltimore City) contacted Krystal Armstead’s base commander at the 459 Air Refueling Wing on Andrews Air Force base and told her commander that she in fact had a warrant issued out against her (which she DOES NOT), that she had an excessive amount of “contraband” in her apartment (which she didn’t, nor has she ever in her life used any illegal drugs), and that there was proof that both Krystal Armstead and James Armstead were trying to purchase Ak-47’s and various other military weapons (which is NOT TRUE).
6) Glen Mar Apartments
I called Deanne Casey (the property manager at Glen Mar Apartments) that very morning and explained the situation to her. She already had in her head before I even called her that morning that she was ready to throw me out of my apartment. I could tell by the tone in her voice when I spoke to her that she could care less what I had to say. I am sure the police informed her of what they were going to do before that day. She told me that regardless if I paid the rent in full or not for the month of August, she was giving me 30 days to vacate the premise because James was arrested at my apartment. She accused me of having a Pitt Bull in my home. And she said that I would be responsible for all the damages that the police department made to my home.
I faced eviction because the property manager, Dee Casey, would rather believe the news and the media than believe a pregnant woman in the Air Force who worked 3 jobs to support her family. I was thrown out of Glen Mar Apartments because the property manager would rather believe the police department instead of waiting to hear the results from the hearing. My husband and anyone else accused of a crime is INNOCENT UNTIL PROVEN GUILTY.
I had to get help from various people to come up with the money to move my belongings out of the apartment. I still have to hear from friends and previous neighbors about letters being taped to my door telling me to “Move Out”. I have 3 copies of the SAME letter from Morgan Properties’ lawyer that were taped to my door! I had over 4 letters from Glen Mar Apartments telling me to move out. I had an eviction notice and a “Breach of Lease” summons taped to the front door after I was already gone for almost 3 and a half weeks! Attached to the email are the above mentioned letters and emails sent to Ms. Deanne Casey.
Morgan Properties was looking for any reason to put me out of my apartment. There are 3 people who moved from my apartment complex in the last few months that did not pay rent and they did not get as many notices on their door as I have in the past MONTH. The residents who formerly stayed in apartment B2 and C2 owed almost $3,000 at one time (I know because they told me and because Glen Mar Apartments puts your business right on your front door for EVERYONE to read) and they didn’t get as many notices on their door! There are at least 4 people that I know in Glen Mar Apartments that are banned from the property and still LIVE in the apartments and have not been harassed the way that I have. There are several couples who have severe arguments outside in their lawn, who have police called on them on regular occasions. These tenants have not been put out of their apartments. There are at least 10 tenant of Glen Mar Apartments that have Pit Bulls but are not being thrown out of their apartment (I don’t even have a Pit Bull—my husband has a Boxer that he brought over when he watched the kids—but I was thrown out) for “Breach of Lease”. There aren’t that many married people who live in Glen Mar Apartments. There are a lot of couples who live in Glen Mar Apartments and their boyfriend/ girlfriend is not on the lease, but they haven’t been thrown out. A teenager got arrested during the time that our home was raied at Glen Mar Apartments for drawing a gun on a 13 year old and HIS parents weren’t thrown out of their apartment. The only other person who I know who was kicked out of her apartment because her husband was arrested there was an African American woman named Lanae Harris.
Adding Karen Scott Anderson, State of Maryland, and Commissioner James Parker to the case:
We added The Office of States Attorney, State of Maryland, and Commissioner James Parker to the case for the following reasons:
1. Karen Anderson Scott brought the case back up, charging Mr. Armstead with “Telephone Misuse” despite the facts mentioned above. She knows there is absolutely no evidence to support her case against James, but she continues to try to gather witness that have no proof to support the State’s claim.
2. Commissioner James Parker, Judge H. Richard Duden III, and Judge Jonas Daniel Legum should have released James Armstead on his own reconnaissance.
James Armstead was sent to Commissioner James Parker who gave him a $60,000. James Armstead then went to his bail review that morning, August 10th, 2012, and Judge H. Richard Duden decided to “hold without bail” pending a mental evaluation. The next Tuesday, August 14th, James Armstead was held on a $100,000 by Judge Jonas Daniel Legum.
Over the past year, several citizens of Maryland have done crimes and were released on their own reconnaissance or on low bonds for crimes more serious than “threats to a state official”. On July 25th, 2012, A Maryland man shot at police officers and even though he was “a threat to the society” he was released on a bond lower than James Armstead’s $100,000 bond. He was accused in a shootout with Montgomery County Police officers. He was released on bong despite the fact that he was facing charges that included assault with intent to kill! The man’s name was Ramad K. Speight. His public defender said that he graduated Magna Cum Lade and had been accepted to business school. He was regularly taking anti-pyschotic meds that reduced his risk of danger and was living with his mother. Even though the prosecutors said he posed a danger to the public, he was still released
On April 11, 2012, John M. Thompson actually HAD AK-47s in his home and was released on a 10,000 bond! He was charged with possession of marijuana and paraphernalia. This man was manufacturing his own weapons and had these weapons stored at both his home and at his job!
There are several news stories that support the fact that James Armstead did NOT pose a threat to society yet he was held under a $60,000, without bond, then a $100,000 for a charge that had no evidence (other than the word of a director of Child Support Enforcement). Why is it that James Armstead was held under such a ridiculous bail when there are criminals out there that committed crimes worse than the one he DIDN’T commit who are out WITHOUT bond or bond amounts 10x’s less than the bond he is held on?
3. Commissioner James Parker failed to look over the “Discovery evidence”. Despite the fact that a District Court Commissioner would not sign Application of Charges/ Application for Warrant, James was still held at a high bond. On Meredith Gupton’s first attempt to press charges against James Armstead for “Threats to A State Official”, the commissioner refused to issue a warrant for his arrest because there was “No probable cause” to arrest Mr. Armstead. However, Meredith Gupton and Defendant Detective Tania Hernandez Walter went over the commissioner’s head, straight to Judge Jaklitsch to have the warrant signed.
Conclusion:
These defendants need to stand up and take responsibility for the way James Armstead’s case was handled. There was no evidence that linked him to ANY crime other than Meredith Gupton’s written/ typed case notes. It seems as though the first thing the court system does in the US when a white woman says something “catastrophic has happened to her” is round up a bunch of black men to blame, in this case, it was my husband who was blamed.
Defendant Meredith Gupton overreacted and lied to the police department, alleging that James Armstead threatened her, saying that he was going to shoot her knee caps out after work and that we had AK 47’s in their home. The only evidence that she had was her written notes on her “Case Action Log.” There is no written evidence submitted by James Armstead’s threats, and there is no verbal/ recorded evidence of James Armstead’s alleged threats. One of the arresting officers, Officer James Reid took what Ms. Gupton filed against James Armstead, and took it upon himself tell Krystal Armstead’s Air Force commander at the 459 Air Refueling Wing on Andrews Air Force Base that she in fact was involved too and that she had drugs in her home.
After all of that negative media attention, being falsely arrested, being kicked out of their home, losing employment, spending over $3000 to move, the case Ms. Gupton brought against James Armstead was dismissed. Ms. Gupton’s communication to the police department has more than caused emotional distress as explained in the complaint. Krystal Armstead and her 3 children were homeless on September 20th. That very same day that James Armstead was arrested, the property manager for Glen Mar Apartments (Dee Casey) called her and stated that she has until September 20th to move and that she is responsible for all the damages that the police made to her apartment.
Phone calls to the child support office do not constitute an arrest. There is no evidence, recorded or written (besides what Ms. Gupton submitted to the police department and her phone log entries) that support James Armstead’s arrest. The events that occurred that night were uncalled for and caused unnecessary commotion throughout the neighborhood. Ms. Gupton’s complaint has caused the Eastern District and Northern District police departments to continually harassed both Mr. and Mrs. Armstead.
Krystal Armstead suffers from Placenta Previa and possible early onset pre-eclampsia. The police officials had her naked on the floor, hands in the air, at 2:30 in the morning without letting her know what was going on and why dozens of men with weapons were in her home early that morning. She has been hospitalized over 8 times for the stress involving the case. She is 39 weeks and 6 days pregnant, due to have her baby any day now.
The State seems to make rules as it goes along. Why is it appropriate for a Judge, a Child Support Enforcement Office Supervisor, and a police department (including its officers and detectives) to raid a person’s home, causing them to lose everything (job and reputation included), but it’s not appropriate for a citizen to attain relief for the damages placed upon him or her from false accusations and an improper search and seizure? It was not appropriate for the police to raid Mrs. Armstead’s home looking for her husband who is not even a tenant of her apartment. The fact that he happened to be there that night does not take away from the fact that if he was not there that night, the police still had a warrant to destroy Mrs. Armstead’s home looking for him.
Mrs. Armstead and her family lost her home, Mr. Armstead’s name has been defamed for false accusations, and Mr. and Mrs. Armstead’s employment statuses have been severely damaged. The family has endured severe emotional distress, loss of wages, defamation of character, and violation of their civil rights from the actions of the Judge and all of the involved Defendants.
Respectfully Submitted,
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Krystal Armstead
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James Armstead
