Shorter Statement of Facts

 

STATEMENT OF FACTS

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

 

This starts back on January 22, 1988, where these officers begged for a No-knock/ No Announce Forced Entry Search Warrant.  (See Exhibit 1 for the how and why’s).[1]  Then they had a some woman make a strange / 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 Buck” and Exhibit 6)  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.  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[2]  /Violent Armed Assault!  I fired two more shots as I’m retreating back/deeper into my own home, trying to save my life and possibly defuse this dangerous violent confrontation/assault.  Apparently wounding another unknown assailant [one off to the side of the two known assailants] with one of my ‘retreating-shots’.  All I knew is I was under a Violent armed attack and break-in by two men, one with a gun.  I thought I was being robbed.  (See Exhibit 6, for all their thoughts and feelings – And also, how the cops did it in all those cases.) 

 

After retreating downstairs, seeing if I was still under assault/ being robbed or followed and then not hearing anybody upstairs, I cautiously come back upstairs.  That’s when I heard some yelling in my backyard; and ask what’s going on?  That is when I found out it was the police. I gave up, I’m arrested. I apologized, explaining that I didn’t know that it was cops.  I thought that I was being robbed.  

 

Then the Police and Sheriffs offices sent officers over to get some facts, statements, and evidence.[3]    And Sheriffs detectives Dent and Potter get involve and in there interviewing all the involved officers [it no longer is/was a No a No-knock warrant like in Buck” and in Exhibits 2 and 6 but now this Exhibit 7 warrant type of execution, because a cop got shot].  Please.

 

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.[4]  Except this last part about Dent and Potter’s police report or conversations with these officers [because it wasn’t turned over] so the jury wouldn’t know nor the court transcripts would reveal all the different, conflicting, impeachable statements. 

 

Now then, if in fact this was a No-knock/no announce, forced-entry/break-in, without any “officer identification” (as all evidence will indicate in Exhibits 1, 2, 3, 4 and 6).  My Actions Were and Are Legal, Justified /Protected Under the Law from this violent armed assault. 

 

And perhaps the worst part, even after gathering all this evidence the Courts have not corrected it.  (Also see Issues raised on Appeal and Ignored case law).  This Court/Judicial system has allowed it. And those guilty of falsifying records, witnesses tampering, perjury, lying under oath, and obstructing justice to go unchallenged and unpunished.

                                                                                           

                                                                                            


[1] Also see Exhibit 6 for other similar-style entries, one just nine days before mine, along with other affidavits out of the 70’s, 80’s and early 90’s.  With no officer identification in these other executions.  And  the NO officer identification in this case are further supported by Exhibits 3 & 4       

[2] 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.  But also making my actions justified

[3] Basically in none of the initial statements is there any “officer identifications” made.  And then after 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 around).  Although Sheriffs detectives Dent and Potter in interviewing all the participating / involved officers were able to get maybe 4, 5, or 6 “officer identifications” starting before the first kick and “continuous” through out the whole operation.  (The falsifying, lying, abuse of power and obstruction of justice keeps going on from there.)  PS. Exhibit 7 is the only place that has that many “announcements”. 

[4] 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.)     
 

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