Tuesday, June 11, 2013

Collin County- Comedy of Errors, the 911 Call, and the mess created by not following Protocols

Frisco's own "professional negotiator" told Mr. Bailey that June night as he began to walk out of his home,... and heard her say numerous times to him , "it is highly likely you will lose your life in the process"! He had no idea that "his life" meant everything to do with his livelihood and quality of life, thereafter !

Mr. Bailey has sworn to bring a lawsuit against the City of Frisco, Frisco Police Department, and several individual police officers  for the malfeasance, inept behavior and dereliction of duty !

Paul Clarence Bailey,who lives on the 6500 block of Winston Dr. in Frisco Texas was arrested by what can only be described as an armada of Frisco Police Department in an incredibly emotionally charged event, involving some 37 over zealous police officers,that began about one half hour before midnight on a cloudy and drizzly Sunday night of June 27, 2009 when Frisco Police decided to respond to a fraudulent claim by Mr. Bailey's son of welfare concerns, that was exasperated by the false claims of an Officer Greer that he was fired upon!

 The over whelming information as to the events immediately following Frisco's Officer Greer making his lone approach to my Bailey's front door and banging loudly, was that  Mr Bailey allegedly had barricaded himself in his home. Although, at no time did the Frisco Police Department inform Mr. Bailey in the several contacts with him only minutes later afterwards that officer Greer had been the one that had banged loudly on his front door, nor that he was in fact a police officer.  Although the opportunity clearly presented itself several times,and Frisco P.D. did call Mr. Bailey on the phone several times and ask him to come out side, not one time did the dispatch officer mention that the knock had come from a police officer. When Mr Bailey asked the person on the phone why they wanted him to come out all they said was .."because the officers wanted to talk to him, to check on him", knowing...nor inquiring as to the circumstances of that day that were directly related to Bailey's justifiable actions . Mr Bailey repeatedly replied that he was fine and he saw no reason to come out side and at about midnight told the caller that he and his dogs were tire and he was going to bed, and the Frisco P.D. repeatedly failed to acknowledge, Officer Greer's presence at his door .

 The time of day, cloud cover, weather and no outside light had clearly obscured any possibility of Mr. Bailey being able to identify any one at his door that night, a fact that officer Greer verified, when he stated only moments after banging on the door, to his partner..."But, I don't think that he could have see me !".

Mr. Bailey who now has a 5th court appointed attorney due to a variety of reasons from attorneys asking to be dismissed because they did not possess the proper credentials to defend Mr Bailey against the charges he faces, to excusing themselves because of personal reasons to asking to be replaced due to a conflict of interest is now being defended by attorney E.E. "Trey" Taylor, P.L.L.C of Plano Texas. One would assume that it will not be long until Mr Taylor is informed by his peers and more assuredly the Collin County Prosecutors Office that he has been thrown to the wolves and his client's case is commonly referred to as "toxic" and either offer him another ridiculous "off the record" deals like the "discharging a firearm within the city limits and a $200 fine....a misdemeanor" pleas bargain that the prosecutor offered Mr Bailey before filing the case with the Grand Jury. Problem with that offer was that Mr Bailey's lawyer told him if he excepted such a plea it would either negate completely a civil  law suit against the City of Frisco of at least muddy the waters considerably...so Mr. Bailey refused their "off the record offer.  But to his surprise, the D.A. then took the well prepared brief that Mr Baileys lawyer had prepared for the Grand Jury that they both felt confident would return a "no bill" and. simply did a slide and shuffle presentation of it's contents and the Grand Jurors  never got a real taste of what was in it....... and low and behold the D.A. got an indictment for "Aggravated assault with a Deadly Weapon" !

Mr. Bailey has been unable to afford any real formidable opposing counsel, not to mention left to deal with the heart wrenching letters of apologies that come from his 36 year old son that will spend the next 8 years in a Oklahoma Penitentiary for a theft he would never had committed had Frisco Police Department not called him to Mr Bailey's home.

They just had to find  "the gun" and by then they knew that the point of impact of the bullet had required Mr. Bailey to deliberately move his arm some 18 inches to the right and 15-18 inches above his shoulder and even if the bullet would have pierced the brick wall someone would have had to be standing on top of the planter with the cactus in it to even have been in the line of projectile. Their motives and/or lawful justification for ever coming to Mr Baileys home that night were becoming clearer and clearer ill perceived at worst, and down right incompetent at best and they just hoped the gun would give them some simulation of a justified action. They had already torn the whole house apart with reckless abandon and Mr. Bailey's son was there only hope. But even after he showed them they realized that even the special load shells could not have possibly pierced any hard surface and by striking the brick any chance of the shot causing anyone harm had denigrated..just like the the bullet.

But the real news appears to be the unabated malicious prosecution by the Collin County Prosecutor’s Office,  an attempt by them to assist in a  cover-up of the actions of an over-zealous Frisco malfeasance by their Police Department, that nearly ended in them killing Mr. Bailey.

The whole case that stem from a family member[son] and professionally diagnosed sociopath con-man, that had threatened Bailey that day and attempted to steal two vehicles to use in an interstate flight to avoid incarceration, succeeding in falsely convincing a Frisco 911 operator of Mr. Bailey being suicidal in order to get him out of his home so that he could get the money and other things he needed for his journey. Although his son repeatedly told the 911 operator that he was an unreliable source,at  numerous points during their conversation, the 911 operator chose to disregard or for some unknown reason disqualify the possibly false allegations as items of concern. However the suicidal [and possibly harm others ???] assertions were, for what ever reason, obviously regarded by the 911 operator as very valid that night, and soon afterwards they became the motivation for what was clearly a manufactured welfare concern call, and an officer was dispatched to Mr Bailey's house at 6515 Winston Drive.

The result of Officer Greer's disguised single approach and then his loud unannounced knock on Mr Bailey's door soon was transformed into an orchestrated assault on Mr. Bailey’s home with all the fire power Frisco Police Department could muster up [including Hummer S.W.A.T. vehicles, snipers deployed and some 37 Frisco police officers,a large Tear Gas Machine thrown threw a large plate glass window and uncounted other law enforcement agencies]  just a few minutes before 4 AM on that June morning, and has now gone on for over a year.

Mr. Bailey’s contention has always been that all that is needed was to exonerate him of any criminal action has been Frisco Police Departments own recordings, and examination of all their evidence has gone unabated, and has contended that they alone will exonerate him!. His insistence that the very evidence Frisco PD and the Collin County Prosecutors Office had unsuccessfully  tried so hard to suppress through numerous appeals to the Texas Attorney General’s Office, over the past year will reveal that the responsibility of the events of that night lay solely at the feet of Frisco Police!

The Frisco Police Department simply did not following their own procedures, and did not perform the coveted “knock and announce”upon attempting to enter a residence or properly solicitation of the inhabitance inside and avoid a confrontation and instead walked up to a dark door and banged hard....having no idea that Mr. Bailey had been poised and ready to warn off his son, whom he expected at that very moment.. Never had Mr Bailey wished any harm to his son that night , and the evidence is inescapably evident, the one point of impact from Mr. Bailey's gun clearly proves that special care was taken to ensure the single shot required Mr. Bailey to swing his arm far to the right and high, and was not directed "at anyone", let alone a police officer. Nor did the special load ammunition have the capacity to pierce anything harder than flesh ....and certainly not 2 layers of solid brick.

But the reason why the 911 dispatch operator never told Mr Bailey that the person that had came to the door had been a Frisco Police officer as her commanding officer is heard giving instructions to another officer to instruct her to is beyond us. No one wants to believe that such a simple clearly stated command was simply disregarded, but for what ever the reason it never was relayed to Mr Bailey,as is evident in the tapes that were finally released thus far in discovery. Had Mr Bailey known, he would have simply walked out his front door!

But a revenge driven madness that only comes when the police think that “one of their own” has been shot or shot at, is a social phenomenon that has taken many forms, and has many levels of intensity, that remains a huge concern of many citizens. Perhaps it is best described as what I can only describe as a mental state  that is only equaled by a desire of restitution and/or punishment of a person that might be guilty of forcing a school bus load of young handicapped children off the road and then plunges down a steep cliff into a swift moving freezing river !! !

The ill perceived welfare concern in fact must at some point be accepted for what it was,  a well orchestrated manipulation of an obviously unqualified 911 dispatch operator that not only resulted in thwarted an attempt by Mr Bailey to veer off a potentially violent physical confrontation and defend himself as well as stop a theft of his property.

 Ironically an event that ended up actually taking place anyway..... with the assistance of the Frisco Police department. To realize that it was in fact the very request of the Frisco Police Department, who facilitated the theft,  because they solicited Mr Bailey's son to come to his home after arresting him.........when all Mr Bailey  was attempting to do was  protect his property!

However soon after Mr. Bailey's son showed up the and took the  [perjuring] police officer to where the gun was [after they had so feverishly torn Mr Bailey's home to pieces] the Frisco Police Department then simply  left, leaving Mr Bailey's son in charge of his home, ....and he immediately commence to rob Mr Bailey's home of tens of thousands of dollars and possessions, carrying the items directly past a police officer parked infront of the home as a neighbor made note of the event. .

Perhaps the most amazing part was that before he [Mr Bailey] was released on bond himself for the trumped up charges in Collin County Jail,  Mr Bailey's son was arrested himself for theft of his fathers property and identity theft when he attempted to buy a car in Norman Oklahoma the same day.  Tragically his son is serving an 8 year sentence in an Oklahoma prison at this very moment !!

But now Mr. Bailey fears of  yet another continued trial date because Mr. Wadas [his last unprepared lawyer] was not ready for the last trial setting in July and had to ask for a continuance after taking over 4 months to deliver the first part of discoveries that had been released to him, to Mr. Bailey [that do very much validate Mr. Bailey’s contentions of proof] , Mr Bailey's life still has hanging over his head.

To most it is quite impossible to understand the repercussions associated with an unresolved felony charge of aggravated assault with a deadly weapon ! Well you can be assured that the repercussions are immense, ranging from severally restricting employment opportunities to false news reports like those by reporters for The Dallas Morning News, that have only taken the time to report what the police or nosey gossiping neighbors have said !

Even Frisco's own Director of Communication's, Dana Baird-Hanks has taken it upon herself to put up on the City of Frisco's own official website, her own twisted little version of the fact or events of that night, having apparently not even obtained Frisco's own official records and not knowing truth from lies being evident in her posting. Apparently a citizens integrity has no value in Frisco and instead of doing her due diligence as they say, and show some empathy for what is really a personal a tragedy time is spent continuing to perpetrate an act of an entire Police Department that knows all too well that they damn near killed an innocent man ,,,that was just trying to protect his property !

 I can not think of a more viable piece of proof in a defamation case than an out right lie of the facts when the reporter has first hand access to the original and factual documents. unless of course there is some sort of motivation to further slander Paul Bailey's reputation among his neighbors.

Mr. Bailey has filled charges with the Texas Bar Association against Mr. Derk Wadas, and seriously contemplating going forward with filing civil lawsuits against several Frisco police officers individually for violation of his civil rights in their raid of his home that June morning of 2009.

It would of course be in the best interest of the Collin County Prosecutors Office to simply step back and take a second ...more intelligent look at the facts in case against Mr. Bailey and avoid the invertible malicious prosecution civil case Mr Bailey will assuredly file should they continue with there attempt to prosecute him. But considering how close the Collin County Prosecutors office is with Frisco PD I doubt they will drop it any time soon....lose it or drop it will be the ultimate outcome, you can be assured of that. I guess it all boils down to how far down the mountain the DA will ride the wagon before it hits a big bump that sends him flying in the air, and if the ground is harder than his head.
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