Longer Statement of Facts

STATEMENT OF FACTS

Case # CR88-323, Utah vs. K. W. Winsness

 

This starts back on January 22, 1988, where these officers swore under oath why they needed a No-knock/ No Announce Forced Entry Search Warrant.  (See Exhibit 1 for the how[1] and why’s, & Exhibit 2 for that affidavit and warrant in this case[2]).  Then they had a woman [I didn’t know] make a strange and/or suspicious-type phone call (to see if I was home?  So she could come over? And what date me?) 

 
Then around 8:30 PM they attempted their NO-KNOCK/ NO-ANNOUNCE, FORCED-ENTRY, BREAK-IN/ ARMED ASSAULT of my home. (See Exhibit 6  and Buckfor other local incidents of how it’s done).  Their first kick busted my door in and open about 4 to 6 inches before bouncing back shut, just giving me a quick and partial glimpse of two [dark and sinister] silhouetted men, busting into my home, making this even worse is the one assailant’s beard gave his face a fuzzy silhouette like a ski mask; like two thieves in the night, violently breaking into my home.  It was out of this Shock, Fear (and perhaps even Outrage) that in Fear and Self-defense of my Life and Home, that I grabbed a near by gun.  It was as I was un-holstering my gun that there was a second kick, followed immediately with one of the Assailants Entering my Home/Already In/ across my threshold.  His GUN out in front of him and pointed at me.  (A large caliber chrome/nickel plated gun, more like a gangster or pimp style gun then a police officer.)  It was under ALL these conditions I fired my first two Warning Shots about 2 1/2 to 3 feet over his head.  –I Paused briefly/ (“I didn’t want to have to shoot or kill anybody”.)-  But because of this continued attack and the lack of his/their retreat, and my general over-all Fear and Concern for my safety, from this very real and scary Threat[3]  /Violent Armed Assault!  I fired two more shots as I’m [forced] into retreating back/deeper into my own home, (because of this attack) hopefully defusing this dangerous violent confrontation/assault of two menacing men and at least one gun.

Apparently wounding one, [another unknown assailant - one off to the side of the two known assailants] with one of my ‘retreating-shots’, as I’m retreating back and away from this dangerous, violent assault. All I knew is I was under a Violent armed attack and break-in by two men, one appearing to be wearing a ski mask and the other with a gun.  I thought I was being robbed.  (See Exhibit 6, for all their thoughts, fears and feelings – And also, how the cops did it there in all these other local cases.) 

 
After retreating [back through my kitchen[4] and going] downstairs and regrouping/seeing if I was still under assault/ being robbed, or being followed.  And then not hearing anybody upstairs, I cautiously come back upstairs, (thinking that I’m going to have to call the cops about this Home invasion/assault).  That’s when I heard some yelling in my backyard; and asked, what’s going on?  That is when I found out it was the police. I gave up, I’m arrested. I apologized, (Sorry if a cop got shot) explaining that I didn’t know that it was cops that I thought that I was being robbed. (All excited utterances on my part)  
 
Then the Police and Sheriffs offices sent officers over to get some statements, facts and evidence.  And although, none of the initial/Resgesea statements have any “officer identifications” initially made.  And the first not-a-cop witness said that she didn’t hear any shouting or announcing until after the shots.  (No other not-a-cop witnesses were asked what they heard, even though there were plenty of witnesses around (See Exhibit 3)). 
 
Also, Sheriffs detectives Dent and Potter get involved and in there interviewing all the participating / involved officers [it no longer is/was a No a No-knock warrant like in Buck” and in Exhibits 2 and 6 but now is this Exhibit 7 warrant type of execution, because a cop got shot] where they were able to get 4, 5, or 6 “officer identifications” starting before the first kick and “continuous” through out the whole operation.[5]  (Although that was not their testimony in trial court and granted this smoking gun police report didn’t get turned over to me for six years).  Then when each officer, writes up their reports (in groups of 1, 2, 3 or whatever and/or after talking to Dent and Potter or among themselves) there are different, various accountings of how/when this “announcement” was made.  The fact is that each of these officers have anywhere from two to five different [often conflicting] accountings of how and when this “officer notification” was made.  (See pages 11 & 12)  And all have now been contaminated by Dent and Potter. 
 
As for the Timeframe of this incident:  From the first kick (and my initial shock and glimpse of those two assailants) to the second kick and the sight of him and that GUN coming into my home was around one second.  And the whole event from start to the last shots, with me going one way and them the other, maybe around five seconds. 

All of this is pretty much undisputed, and in the court transcripts.[6]  Except this last part about Dent and Potter’s police report or their conversations with these officers [because it wasn’t turned over] so the jury wouldn’t know nor could the court transcripts reveal the different/conflicting, impeachable statements, or that these detectives were even there [witness tampering].  Nor could the jury or I know of these other witnesses [mostly chased off and never reported for follow ups] but I have them now. 

 
Now then, if in fact this was an (Exhibit 2) No-knock  /no announce, Forced-entry/break-in, warrant without any “officer identification” (as all evidence will indicate, specifically Exhibit 3 and Exhibit 4).  My Actions Were and Are Legal, Justified /Protected Under the Law from this violent armed assault. 
 
But!  They are not going to allow this.[7] 

And the Courts nor the State have thus far corrected this miscarriage of justice.  (Also see Issues raised on Appeal  and Ignored Case Law). This Court/Judicial system has allowed those guilty of falsifying records, witnesses tampering, perjury, lying under oath, abuse of power and of obstructing justice, [costing me, my kids/family 20 plus years of my life and their lives] alowing these guys to run free/ keep running wild/ never being challenged or punished.  

                                                                                           

                                                                                                (Next page, Allegations)

 



[1] Also see Exhibit 6 for another similar-style entry, accounting, one just nine days before mine, and only five blocks away from me, along with other affidavits out of the 70’s, 80’s and early 90’s.  Where there is no knocking, and no officer identification in these other similar No-knock warrant executions.   They are just hard and fast, kick-in-the-door, break-in/forced-entries with guns out, no officer identification.  The no knocking and NO officer identification in this case are further supported by Exhibits 3 & 4  (and also their 'consciousness of guilt' in/by Exhibit 7 and Ex 5a)

[2] Although there is no dates, and can’t read signatures and filed 5 days after the fact.

[3] That is exactly how this type of entry is designed to work.  To shock!  To disorient!  To throw “the target” into shock, fear and confusion, then capitalize on all of this initial shock, disorientation/confusion.  Thus also [the shock, fear and confusion] making my actions justifiable under self defense and defense of habitat

[4] Going to my right, and their left.  - specifically on and to K. Stevens LEFT not his right side.

[5] This is just the first of the lying/falsifying, obstruction of justice and abuse of power.  Then the perjuries of Alexander and Rigby on the hows and whys, and it just keeps getting worse from there to K Stevens lying/perjures in Photos part two on everything.

[6] From the suspicious phone call, night-time break-in, the beard, to him and his fancy gun pointed at me, actually in my home, and that one second that I had to weigh, assess and decipher the situation/reaction time; Time-frame.  To the two warning shots, to the pause to me saying I didn’t want to have to shot anybody, and that night even saying that I was sorry if a cop got shot.  (Actually the jury didn’t get to hear or see that those two warning shots are about 2½ to 3 feet directly over that first assailant’s head.  But I do have those photographs showing exactly that.  -The jury was told these were at "eye level"/not warning shots.  And I had a half-asssed infective attorney on that and a lot more)    

[7] First and foremost by and through lying/straight perjury about this “officer identification”, and then lying/ intentional perjury about other major/material, and physical facts and realities, which will become readably apparent in reading all of this. 

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