• Report: #939401

Complaint Review: San Joaquin County Sheriff's Office

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  • Submitted: Tue, September 11, 2012
  • Updated: Wed, September 12, 2012

  • Reported By: Jeff — Manteca California USA
San Joaquin County Sheriff's Office
7000 Michael Canlis Boulevard French Camp, California United States of America

San Joaquin County Sheriff's Office Police Department REFUSES to Enforce Restraining Order French Camp, California

*Author of original report: Update

*Author of original report: Update

*Author of original report: Update

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Several things happened that led to my needing this restraining order.  The restrained party, whom I'll call "Bob", for sake of this report, was one of several people that held the woman that is now my wife against her will.  I will call her "Jane", for the sake of this report.  Bob threatened to beat Jane if she tried to leave his home again, claiming that this was "treating her like an adult."  My wife has several problems, including Post Traumatic Stress Disorder that partially originated from the treatment she received in Bob's home.  A mental health diagnosis confirmed this.  It took a bit of time before I could come to California to rescue Jane.  She spent the last few weeks before I arrived in hiding from Bob.

After Jane was safe, we confronted Bob's wife (Jane's mother) Jane was treated and threatened to file a restraining order.  Jane's mother promised that Bob would apologize.  Not only did he not do this, but he, later, threatened ME.  At that point, I filed a Restraining Order over the threat and his overall behavior.  Jane gave written testimony in court about both his threat toward me and his threats and other behavior toward her.  The restraining order was granted.  The judge also, due to our testimony, put on the Restraining Order that Bob was not allowed to own Firearms\Guns.  This order was granted and signed by the judge on May 30, 2012.

The Order said that Bob had guns and that he had 24 hours to give them up and bring the court proper documentation that he had done so.  He didn't.  Meanwhile, when that time had expired, I called the San Joaquin County Sheriff's Office to file charges of violating the Order.  At first, they suggested that I wait a little longer.  I also was bounced from agency to agency during this time and no one would take a report about this.  Finally, on June 13, 2012, the San Joaquin County Sheriff's Office put me in touch with Officer Allittorre, who took my report.  Allittorre when out to Bob's residence and confronted him about the weapons.  Bob denied having them, claiming that they were stolen in the 1980s and also claimed that he filed a police report about the theft.  Allittorre checked that and informed me that he did not find any such report and felt that Bob lied about it.  Allittorre forwarded his report to the DA's office.  Nothing was done after that for a couple of weeks.  I contacted the DA and was told that they have no intention of pursuing the case.  The report was sent back to the Sheriff's Office.  I asked them to get a Search Warrant for the guns and enforce the restraining order, which says that Bob is to be arrested if it is violated (failing to turn in his guns is a violation).  The police refused.  I spoke to Officer Bond, who also said that no attempt would be made to get a Search Warrant or make an arrest.  Officer Bond's supervisor then spoke with me and told me the same.  On August 8th, I next spoke with Sgt. Stone, who told me that, regardless of what the restraining order says, they (the police) will not go into Bob's home to collect his weapons.  On August 13th, I was put in touch with Lt. George Phillips, who claimed that too much time had now passed.  He said that, even if they try to get the Search Warrant, the judge would not sign it.  He claimed that they only had a two week window in which to get one and that that opportunity was now passed.  Also, he refused to even make the attempt.  And, of course, no arrest is being made.  Now, on September 10, I have left a message for Sheriff Steve Moore, telling him about the actions of his officers (or, more precisely, the LACK of ACTION) and will be filing a Lawsuit against the San Joaquin County Sheriff's Office for NEGLIGENCE, if they do not get the Warrant, disarm Bob and arrest him for the violation.

The time between contact with various officers was spent either waiting on their next move and researching what I can do about their lack of action.  I've already spoken with an attorney about this and will be filing, on his advice, a lawsuit for Negligence against the San Joaquin County Sheriff's Office, in addition to taking Bob back to court for the Violation, should they Sheriff of San Joaquin County also refuse to enforce the Order.

This report contains only the basics of the situation.  However, the most pertinent of the story has been told.  I have changed a few names because I do not want "Bob" to know that I am pursuing this and hide his weapons before an arrest can be made.
 
In my opinion, this sort of garbage on the part of the police is part of the reason that Stockton and other surrounding areas have made the "Worst Places to Live" and "Most Dangerous Places to Live" lists that I've seen published online in several places.

This report was posted on Ripoff Report on 09/11/2012 02:41 AM and is a permanent record located here: http://www.ripoffreport.com/r/San-Joaquin-County-Sheriffs-Office/French-Camp-California-95231/San-Joaquin-County-Sheriffs-Office-Police-Department-REFUSES-to-Enforce-Restraining-Orde-939401. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

Update

AUTHOR: Jeff - (USA)

I just spoke with Sheriff Steve Moore and learned that he'd actually tried to call me a few times prior to now, but I was not given the message by the person that took the call.  Basically, the Sheriff's Department did what they were supposed to do, but the D.A. did not.  In the event that I decide to file a lawsuit, it will be against the D.A.'s Office, not the Sheriff's Department.

The Sheriff advised me to file an Order to Show Cause and take "Bob" back to court.  The judge, at this point, could hold him in contempt until he produces the weapons.  Additionally, I was told that I could request that the court subpoena the Police Report and surrounding documents.

While I am not happy with the D.A.'s Office, I am satisfied, now, with the effort on the part of Sheriff Steve Moore to resolve my problem.  I've no further grievance against the Sheriff's Office in San Joaquin County.  Also, the reason it took him a bit to return my call(s) is because he was reading the report(s), getting the background regarding the case, which I can completely understand.

-- Thank you, Sheriff.
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#2 Author of original report

Update

AUTHOR: Jeff - (USA)

I have emailed a complaint to Mayor Ann Johnston about the Negligence on the part of the San Joaquin County Sheriff's Office, demanding a response by October 1, 2012.

The letter read as follows:

I was granted a Restraining Order on May 30, 2012, against "Bob" for threats of violence he made against both my wife and I.  As part of the terms of that Order, he is not allowed to possess firearms.  The Order gave him 24 hours to turn in his guns.  He is still armed and still a free man because the San Joaquin County Sheriff refuses to enforce the Order.

I attempted to file the Report about the guns with the Sheriff within about 3 days of the Restraining Order having been granted.  The Sheriff's Office denied responsibility, telling me to go to the Manteca Police, since that is where I lived.  This led to a lot of phone calls and wasted time because the San Joaquin County Sheriff is the proper agency to enforce the order ("Bob" lives in Stockton).

On June 13, 2012, the Sheriff's Office FINALLY allowed me to file the report.  Officer Allitorre confronted "Bob", checked his story about the whereabouts of the guns, and found that story to be a lie.  He forwarded this report to the District Attorney's Office.

So, I called the D.A. and was told, quite directly, that "they do not have the money to enforce Restraining Orders."  They sent the report back to the Sheriff, pretty much with that as their reason for not pursuing the case.

I have, since, spoken with Officer Allitorre, Officer Bond, Officer Bond's supervisor, Sargent Stone and Lieutenant George Phillips.  All of them have refused to enforce the Order, refused to get the Search Warrant and collect "Bob's" Weapons\Disarm him and refused to Arrest him for violating the Restraining Order.

I have been jerked around repeatedly through this whole ordeal and, quite frankly, I'm sick of it. Presently, I'm attempting to get in touch with Sheriff Steve Moore, but he has not returned ANY of my phone calls.  In fact, he's been out of his office for the past 2 or three days, making only a brief appearance today.

The adamant refusal to enforce this Restraining Order and the gross negligence on the part of the San Joaquin County Sheriff is unacceptable.  If this matter is not handled, to my satisfaction, by October 1, 2012, then I will be filing a lawsuit against the San Joaquin County Sheriff, D.A.'s Office, and the City of Stockton for Negligence and seeking Damages.

[Reference to this Ripoff Report]
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#3 Author of original report

Update

AUTHOR: Jeff - (USA)

I almost forgot.  The report number (the one I'm demanding police action on) is 12-14268.  This is the number that Officer Allitorre gave me when I filed the charges.
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