29 PALMS INCIDENT
NOTE: The exhibits in this brief are in .pdf format & will open with Adobe Acrobat Reader: https://www.adobe.com

INTRODUCTION
On May 15, 2002, my brother James began administrating my deceased brother's estate in Twentynine Palms, California. During his administration, James sold two 40 foot cargo containers to a Marc Hayes of Buckeye, Arizona, but never released or delivered the containers to Mr. Hayes causing a suspicion of estate fraud. My brother Fred and I begin investigating the issue but James attacked us while we were investigating it and lied to the police causing them to suspect us as perpetrators. James claimed that he filed charges against me and said that his lawyer had the court issue a warrant for my arrest.

I have searched for the alleged warrant but cannot find one and I have never been served with a notice to appear in any court concerning the alleged incident. I know that the police officer filed a false police report using false statements regarding the material matters (violation of Penal Code 118.1), but I cannot find any listing of a warrant. I have tried internet search companies. I have searched the San Bernardino Sheriff's Warrant listings several times with no success. If a warrant exists, I cannot find it, and it should be quashed for lack of probable cause. The following is a factual account of the incident.

BACKGROUND INFORMATION
On June 17, 1998, my brother Walter died in Twentynine Palms, California and left a small estate. The Joshua Tree Superior Court appointed my brother James as the Estate Administrator and probate began on July 10, 2000. The beneficiaries are all brothers of the decedent and they all lived in Arizona. The beneficiaries were Edward, Charles, James, Fred, Kenneth, Mark and myself (Lynn). All of them have died but me, including the alleged victim, James who died in December 2020. Exhibit 01, James Death Certificate

Shortly after his appointment as estate administrator, James began embezzling money and property from the estate by inflating his expense reports and double dealing. Fred, Charles and I filed objections in probate court to stop him but James became violently angry threatening to kill all of us. He made several violent threats against Fred and Charles in the court lobby and parking lot, and he assaulted me in a stranger's driveway.
Exhibit 02, Rose’s Statement
Exhibit 03, Fred’s First Statement

James has a history of violent behavior within our family and is well known for his violent outbreaks. In the past, he has physically abused his ex-wives, bullied our widowed mother, and initiated many road rage incidents. He even molested his daughter, Shirley, when she was 10 years old and he intimidated her into keeping quiet. James is a violent sociopath with a likeable personality but a short temper. He manages to lie his way out of everything and somehow managed to manipulated the police in this case.

Walter's estate consisted of personal items, tools, mechanical equipment, two vehicles, and six small real estate properties. During the liquidation of estate assets, the probate court ordered the personal items, tools, equipment and two large forty foot cargo containers to be sold and delivered to Marc Hayes of Buckeye, Arizona for $5,400.00. Mr. Hayes received the personal items, tools and equipment as ordered but did not receive the cargo containers. James kept one of the cargo containers on my brother Kenneth’s property at 4378 Hill Boulevard and we believed that other one was sold to a neighbor at 73244 Raymond Way in Twentynine Palms, California.

Since the cargo containers were worth about $3,000.00 each and were not delivered to Mr. Hayes as ordered by the court, Fred, Charles and I believed that James secretly kept them to sale again for personal gain. We believed that he lied to the court, cheated Hayes, and sold the other one to a neighbor to pocket the money in violation of California Probate Code. We planned to petition the court to have James removed as the estate administrator using the illegal cargo container sale as evidence of estate fraud, but needed to collect evidence to support our petition. Fred and I planned to meet in Twentynine Palms, California to photograph the cargo container on Kenneth's property and interview the person living at 73244 Raymond Way where the other cargo container had been moved.

At approximately 12:30 p.m. on May 15, 2002, my wife and I met with Fred at Motel 6 in Twentynine Palms, California. We talked for a few minutes and proceeded to 4378 Hill Boulevard to take photographs of that cargo container. Kenneth lived in Phoenix, Arizona but gave Fred a letter of permission to go onto his property for the investigation. When we left Motel 6 for the Hill Boulevard property, My wife and I followed Fred because we were unfamiliar with the area. Fred drove his pickup and I drove my car. When we arrived at the Hill Boulevard property, we took some photographs of the cargo container and left for 73244 Raymond to interview the neighbor about the other cargo container moved to his property.

When we arrived at the 73244 Raymond Way residence, Fred drove past the driveway to Bullion Avenue to turn around and return to the drive way entrance. I turned into the driveway and drove up to the house. I was trying to decide whether or not the resident was home when a white truck pulled across the driveway behind me. I thought that it was the home owner returning home but noticed that it was my brother James and his girlfriend, Marlene, in the truck not the home owner. I turned my car around and tried to drive out of the driveway but James got out of his truck and begin walking up the center of the driveway blocking my exit while Marlene backed their truck across the driveway entrance closing off my exit completely. James appeared intoxicated, angry and had a gun. I tried to drive past him but the driveway was too narrow with deep sand on both sides, and Marlene had the exit completely blocked with her truck. About that time, Fred returned from Bullion Avenue and parked his pickup by the sand mound behind Marlene's truck near the driveway entrance.

Marlene kept the exit blocked while James walked up to my vehicle window and leaned inside swinging at me with his fist. He didn't say a word. He just started swinging at me while my car was still running in gear. He kept attacking me and I tried to avoid being hit, but my seat belt kept me pinned to the seat and I could not move much or do anything to defend myself. After a few seconds, he hit me on the left side of my head. The blow stunned me enough that my foot slipped off the brake onto the gas pedal causing the car to lunge forward out of control toward Marlene’s truck. As it lunged forward with the tires spinning. Marlene suddenly moved her truck forward a few feet and my wife grabbed the steering wheel guiding our vehicle straight while I recovered from the blow. We wound up in the middle of traffic on Raymond Way.

Fred started driving away but James' rage wasn't over yet. As Fred was leaving, James got up, grabbed a large stone and went running through the thick sand heaving it at Fred. The stone was about the size of a small basketball and looked very heavy. It barely missed Fred's truck, went over the cab and bounced through traffic on Raymond Way to the other side landing in the ditch. About that time, Marlene moved their truck from blocking the driveway entrance to the side of Raymond and James went walking back to his truck. My wife grabbed her camera and took some photographs of James walking back to his truck but ran out of film after a few photos. We left the area and headed back to our motel room to report the incident.

When I arrived at Motel 6, I called 911 and reported James’ assault on me. Deputy Sheriff Jimmy Delgado arrived and interviewed Fred, Janean and myself. A few minutes later, Deputy Lomeli arrived and met with Deputy Delgado. I saw Deputy Delgado explaining to Deputy Lomeli about his investigation and the witnesses who saw the whole thing. At that time, a police detective arrive and talked with Deputy Delgado. After awhile the detective left and Deputy Delgado went back discussing he case with Deputy Lomeli, but Deputy Lomeli ignored Delgado’s information, appeared agitated and said that she would write a report and send it to the prosecutor. I asked Deputy Delgado about her comment but he said not to worry about it. He said that he would turn in his report with my witnesses' statements and it would cancel out Lomeli's report. He said that we were free to return to Arizona. I felt that they should have arrested James for attacking me, but did not want to push the issue at the time. The next day my wife and I attended a probate court hearing in Joshua Tree and drove back to Arizona.

THE OFFICIAL POLICE INCIDENT LOG REPORT
After we left the scene and unknown to me at the time, Marlene called 911 from the driveway. The San Bernardino County Sheriff’s office dispatched Deputy Sheriff Cindy Lomeli (20P21) to investigate the incident. After arriving at the driveway, Deputy Lomeli called her dispatcher and reported arriving on scene with fire medics at 73244 Raymond Way. By reporting that address to the dispatcher, Deputy Lomeli, entered the correct incident address into the official incident log as the true location of the alleged crime. However, she later alleged a different incident address on her police report along with other false information in an effort to establish false probable cause.
Exhibit 04, Incident Log lines 05/15/02 14:12 thru 05/15/2 14:18.

After interviewing James and Marlene at 73244 Raymond address scene, Deputy Lomeli called the dispatcher again alleging a series of false statements concerning the incident: Deputy Lomeli falsely alleged that there was some kind of an issue over property at 73200 Raymond, that James was the administrator of that property, that Fred and I were not supposed to be on that property, that James arrived and confronted me for being there, that a physical altercation ensued, and I drove away running over James’ arm and leg.
Exhibit 4, lines 05/15/02 15:28 thru lines 05/15/02 15:30

Consequently, those allegations are completely false and misleading. Fred and I were never banned from any estate property, we were not on any estate property. Furthermore, Fred and I were never on the 73200 Raymond property, James did not own it, and we were not on it during the incident. The incident happened at 73244 Raymond where Deputy Lomeli reported arriving on scene, and property records show that neither James nor the estate ever owned the 73200 property or the 73244 Raymond property. James and Marlene simply lied to Deputy Lomeli to cover up their assault on me. Deputy Lomeli failed to corroborate anything.
Exhibit 05, 73200 Property record (certified)
Exhibit 06, 73244 Property record (certified)
Exhibit 07, Fred’s Statement
Exhibit 08, Janean’s Statement

The alleged injury allegation is also false. Deputy Lomeli claims that James sustained injuries to his left leg and arm. However, the medical records merely show a sprained ankle and a dislocated thumb which are consistent with a person twisting his ankle and locating his thumb by running through soft sand heaving a large stone. They are not consistent with a vehicle assault.
Exhibit 09, Medical Report

THE OFFICIAL POLICE REPORT AND PROBABLE CAUSE
A police report is an important document. It provides an objective record of the incident, collects evidence, and helps establish probable cause. The police report accuracy is critical as it provides an accurate record of facts that is a reasonable belief that a crime has been committed. It's the standard for arrest established by the 4th Amendment. According to the U.S. Supreme Court in Brinegar v. United States, probable cause exists when the “facts and circumstances” that police officers know about, based on “reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.” In this case, the facts and circumstances that Deputy Lomeli knew about were not trustworthy information and she failed to verify anything before drafting her police report, in spite of two other officers declining charges and witnesses who saw it all.

It is well known that police officers are trained to corroborate victims allegations before relying on them for probable cause because the law requires factual evidence to support an alleged crime. In this case, Deputy Lomeli did not do that. Instead she recklessly failed to verify the alleged victim’s 73200 Raymond property ownership statement and entered that address box 10 of her police report as the incident location knowing that she previously reported arriving on scene at 73244 Raymond, not 73200.
Listing a false address as the alleged crime scene does not establish probable cause but it does violate Penal Code 118.1.
See Exhibit 10, Police Report Box 10

Deputy Lomeli also recklessly failed to corroborate any of the other allegations, and failed to interview Deputy Delgado’s witnesses who saw the whole thing before writing her supporting statements into box 76. Therefore, Deputy Lomeli knew or should have known that the information that she was entering into box 76 of the police report was uncorroborated, misleading information that did not support probable cause or support the false crime scene address that she listed in box 10. Deputy Lomeli obviously knew that she arrived on scene at 73244 Raymond, not 73200, knew that Deputy Delgado informed her of witness statements and other evidence that disproved her wild allegations, and she knew that the detective officer who arrived at Motel 6 had no interest in further investigating the incident.
See Exhibit 10 Police Report Box 76

CONCLUSION
There is only one good explanation as to why James and Marlene blocked me in that stranger's driveway and attacked me that day. I believe that a neighbor called James while he was having lunch and drinks at a local bar-restaurant and told James that Fred and I were taking photographs of the cargo container on Kenneth's property. James and Marlene were intoxicated and panicked knowing that we were collecting evidence against them, so they headed over to the Kenneth’s property to stop us. They were on their way when they saw me pull into the driveway at 73244 Raymond where they illegally sold the other cargo container. They panicked again knowing that I was close to uncovering evidence of their fraudulent sale to that resident and became desperate to stop me from interviewing the home owner. So Marlene blocked me in the driveway while James attacked me hoping to scare us away, but things got out of control and they found themselves in another bad situation where they had to justify being involved in an altercation in a stranger’s driveway. So they lied to the police about everything to cover up their crimes and make it look like I caused the problem. Unfortunately, Deputy Lomeli believed them and failed to verify anything before submitting her defective police report lacking so badly in probable cause.