To: Off A Brown (Atascadero PD) From: Scott Cramer Subject: Victim Statement

Off Brown:

The following is my written statement, made at your request, regarding the incident starting on Old Morro Rd East and ending on San Dimas Rd on Thursday, March 18th, 2010.

On 03-18-10, sometime between 4:00 PM and 4:30 PM, I was driving W/B on Old Morro Rd East with my 8 year old son in my truck. As I rounded the curve near "Wilts Knell", I noticed the roof of a white car following closely behind me. I was unable to see the driver of the vehicle due to their tailgating my vehicle (Full size Chevy Silverado PIU).

As I continued around the curve, the driver suddenly accelerated around me, passing on the wrong side of the road at a high rate of speed. The driver quickly swerved back in to the W/B side of the street, directly in front of me causing me to brake and steer slightly away to avoid a collision. At that time I saw the driver was an older white male approx. 40-50 years of age and the vehicle was a white BMW.

My concerns were initially for the safety of my son and for the residents in the neighborhood. The street is a small curvy residential road that is very popular with

bicyclists, runners, walkers and children. In fact, it is quite common in that same area for two older gentlemen to walk side by side in the roadway (no sidewalks are available) causing a need for additional caution to be used while negotiating the curve.

As we started into a straight portion of the roadway, I accelerated to 50mph to try and estimate some type of speed by the driver of the BMW. However, he continued his acceleration and quickly pulled away from me causing me to estimate his speed between 65-70 mph in the 25 mph zone.

I returned to my previous speed of 25 mph and watched as the driver of the BMW negotiated the turn onto SIB Los Osos Rd. Due to his high rate of speed, the driver had to cut the apex into the oncoming lane of traffic, and his vehicle slid around the corner and out of sight.

I turned onto Los Osos Rd to continue home when I noticed the driver turned onto San Dimas Rd heading WB. I decided to try and locate the driver to speak with him about using caution while driving in the neighborhood and to remind him of the speed limit being 25 mph and that numerous children and animals add to the above concerns.

I drove up San Dimas anticipating the driver was probably out of sight in one of the long driveways common to the area. As I approached the top of the hill, my 8 year old exclaimed, "There's the car, Dad!" My sense of civic duty overcame any thoughts or concerns of a possible confrontation, I was convinced that I could calmly speak with the

adult driver ad politely ask him to slow down in my neighborhood.

I parked my truck at the street and calmly walked down the driveway to the house. As I approached the house, I saw the front door appeared to be glass and I could see an elderly man seated in a recliner chair inside the house. My initial thought was that the driver may have had a family emergency and that would explain the urgency to get to his destination. I've experienced that myself.

As I got within fifteen feet of the house, I saw the driver of the BMW jump up from a location inside, but out of my view. He quickly rushed out the front door and toward me. He asked what I was doing on his property and demanded that I leave. I calmly asked him ifhe lived at the house and he said he didn't. I then calmly asked him why he felt the need to drive through the neighborhood at 65-70 mph and he replied, "Because I wanted to!". I asked the driver to slow down and enumerated the potential safety concerns listed above and he stated, "Why don't you make me 1". I shook my head and asked him to "just slow down". He again replied, "Why don't ou make me, pussy!" as he

stepped off the front porch and got to within six to twelve inches of me. I told him that wasn't going to happen and again asked him to "just slow down in the neighborhood". After several more attempts to antagonize me by calling me a "pussy" the driver simply told me to call the police then if 1 wasn't going to do anything. I told him that might be a better idea and I took a step back. The driver reached down to the front of his shorts and said, "Why don't you suck my dick!" as he made a motion like he was unzipping his pants. Before I could contain my unhappiness with such a childish statement, I restored, "Maybe if you had one 1 would consider it." The driver then yelled at me to leave and call the police which I had already decided was the best way to handle the situation that was continuing to escalate in hostility.

I turned to my and started to step away, momentarily turning my back to the driver. I was then pushed in the right shoulder by the suspect who was the only one in the front yard with me. Fearing further assault from my blind side, I quickly turned to face the suspect as I reached out with my right hand and delivered a quick open handed distraction strike to his left cheek. As the suspect leaned back from the distraction strike, I reached out and took hold of his shirt collar with one hand and I used my other hand to fend offhis attempts to strike me in the upper body and face with what I believe were a flurry of open hand strikes.

While using the suspects' shirt to keep him off balance and unable to strike me, I used my other hand to simply push him away from me to gain distance and stop the attack. As I pushed the suspect away, he stepped back and tripped over the front step falling; backward into the front door causing it to break. Seizing the opportunity to try to control the situation and restore some semblance of peace, I told the suspect to stop and that I didn't want to fight. I approached him while he was laying on his back yelling and took hold of his feet, pinning his legs against the side of the door as he continued to try and kick me unsuccessfully.

I repeatedly told him I didn't want to fight and said I would let go as soon as I knew he was done fighting with me. The suspect kept yelling at me and trying to kick me. I also

noticed at this time that a Hispanic female inside the residence was hysterically speaking with someone on the phone and asking for the police to respond to a fight. I calmly explained to her that I wasn't fighting and I would release him as soon as he quit trying to kick me and fight with me. Itold her that as soon as he quit trying to kick I would let go of his legs and leave.

At this time, I identified myself as an off-duty officer and provided her with my address where the responding officers could find me to speak with me. I repeatedly told her I wasn't trying to fight with the suspect. Eventually he stopped trying to kick me and I let go of his feet, quickly backing away to avoid any additional assault. I repeated to the female that Iwasn't trying to cause any problems and that I would be available to speak with the police when they responded

As I was backing away from the house to defend myself against any further attacks, I saw the suspect attempting to push through the elderly male who was now standing at the door asking me to leave. The suspect was still yelling at me causing me to fear he would continue his assault, however he eventually backed away and returned inside the house as I left.

I returned to my truck and noticed my son was reading a book in the backseat. I asked him if h had seen what had happened and he said he heard the suspect using some "bad words" and when he looked toward the house he saw the suspect was "on his back" near the porch. He told me he thought he should continue reading and went back to his book.

I went to my house and promptly called Atascadero Police Department telling the dispatcher I was the other half of the disturbance call on San Dimas. I provided the dispatcher with my address told her that I was at home and that there was no further disturbance at the location where the officers were responding. I told her I would be at home waiting for the officers to arrive and speak with me. I also provided her with my phone number.

When you (Off Brown) arriver, was non-desirous of prosecution.

r provided

you with a verbal statement and told you that I

You told me that the suspect didn't want to prosecute (l

never asked what the allegations were), but that he wanted me to speak with his parents' whose door was damages. I told you I would speak to them when the suspect wasn't there and you stated he had already left.

Just after you left, I loaded my 17 year old daughter in the car and returned to the house. I found the BMW was no longer in the driveway and parked with my truck facing down the hill, giving my daughter specific instructions to leave if she saw the white BMW return.

I contacted the owner of the house and apologized to them for the incident. I explained the entire incident to them, as described above, and explained that the suspect needed to slow down given the dangers to the residents in the neighborhood. The father of the suspect accepted my apology and told me he only wished I had called the police initially instead of contacting his son on my own. I agreed that in hindsight he was right, but that I didn't expect the reaction I got from his son and didn't anticipate that a grown man would react the way he did. The father again accepted my apology and shook my hand before walking back inside.

Meanwhile, the female told me she was sorry too and put her arm around my shoulders as she did so. 1 apologized to her as well and left the house on seemingly good terms.

When I spoke to you today (03-30-10), you stated the suspect wants to press charges against me solely because his parents are making him payh for the damage and that he feels this is the only way to get out of paying. I will stand by my initial statement to you and say that I am not desirous of prosecution. Not because of any consciousness of guilt but rather, a sense that this entire incident is embarrassing for two grown men who could not speak civilly about a difference of opinion. The push I received from the suspect did not cause any injury, but merely started the physical altercation where neither of us struck the other causing any injuries

My concern is that the suspect has not acknowledged any responsibility in this incident, nor has he recognized the grave danger he placed myself, my son and the residents of the area in. His complete lack of concern for the safety of others as demonstrated by his statement, "Because I wanted to!" shows a willful and wanton disregard for the safety of those around him. My twenty years experience as a police officer leads me to believe his reactions to my calm demeanor indicate either an anger management issue or a possible mental health issue.

In summary, all my actions during this altercation were defensive in nature and designed purely to prevent any further attack. The mere fact that I chose to leave and not act on the challenges issued by the suspect demonstrate that I was not the aggressor. At that point in the contact I had come to the conclusion that this incident was not going to be resolved while the driver was experiencing such high levels of anger. My actions were merely a response to the blind side attack started when I was most vulnerable with my back to the driver.

By your own statements, during the initial response, the driver was uninjured during the incident. The one strike I delivered was not intended to cause injury to the suspect and all damage to the door was caused by him tripping over the front step as I pushed him away from me to gain a safer distance. My actions were merely to contra] him until I could fashion a way to escape the confrontation and leave the area without further problems.

Sign up to vote on this title
UsefulNot useful