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September 15, 2014
RE EIVED
Timothy Rasmussen
S P
1 8
2 14
215
S.
Oak
Colville, WA 99114
STEVENS COUNTY
PROSECUTING
ATIORNEY
In
re: 1
t
Amendment Criminal Complaint against Kendle Allen
Dear Mr Rasmussen:
On February 24, 2014, in an open public meeting in the Stevens County Commissioner s
office, you stated:
In many ways
my
judgmentfunctions as a grand jury.
In
the state
of
Washington a grand jury the functions of a grand jury are vested
in
the prosecuting attorney. I
have the power nd the responsibility and I m the only one in this county who has that power
vested
in
me by the election of the people to bring a criminal charge against someone.
You have known of Kendle Allen s usurpation of the office of STEVENS COUNTY SHERIFF
for long enough to have investigated and filed criminal charges of your own accord. Yet, you
have not. So the people, of necessity, bring forth evidence
to
supports to filing of criminal
charges against Kendle Allen for violating state law. You, sir, claimed the exclusive authority to
bring criminal charges. Is it not your duty then to act upon
the
people s 1
st
Amendment Criminal
Complaint?
The people now call upon you
to perform the
duties for which you are being paid. The
people expect action
or
an answer as
to
why you will
not
criminally charge Kendle Allen
according to the people s 1
st
Amendment Criminal Complaint submitted under this cover.
You
have been very vocal about
not
liking timelines, however the people s patience
is
wearing thin, their trust in you is faltering and there can be no higher priority that to hold those
public servants accountable to the law they swore an Oath to uphold. The people
want
and
deserve an answer on your course of action delivered to them by close of business Friday, Sept.
2014. If you need more time, you must explain why. Please respond in writing to: The
People, P.O. Box 448, Chewelah, [99109] Washington state.
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RECEIVED
S P
8
STEVENS COUNTY
PROSECUTING ATTORNEY
l
t
Amendment Criminal Complaint by Victim and Witness
Black's
Law
Dictionary 6
th
Ed. Defines
"Criminal malversion" A broad category
of
corrupt official
practices.
Black's Law Dictionary 6th Ed. Defines
"Dulocracy" A government where servants and slaves
have
so
much license and privilege that they domineer.
Oxford Dictionary defines
"Domineer" Assert one's
will
over another
in
an arrogant way.
Merriam Webster Dictionary Defines
"Domineer"
o
exercise arbitrory or overbearing control,
to
tyrannize over.
Former Missouri Senator
Carl Shurz
in the mid 1800's penned these historic words:
My country, right
or
wrong.
If
right, to be kept right; and if wrong,
to
be set right.
I,
the undersigned, being one
of
the people
of
the posterity
of
the blessings
of
the Declaration
of
Independence and our Country's founding documents, take very seriously and recognize the solemnity
of
the filing
of
this criminal complaint. When persons like Kendle Allen (Allen) are elected to public
office, they are required to timely swear and properly file
an
Oath of Office according to the mandates
of
state law and the state supreme court's interpretation of those laws. Failure
to
do just that means
Allen has failed to
"duly qualify"
for
office. To date, no one in public office will hold Allen accountable.
It
therefore becomes the duty of the people - in whom all political power exists - to hold him accountable
and to set things to right.
It
was
over 3 years after criminally usurping the office
of STEVENS COUNTY SHERIFF
that Allen
subscribed
an
Oath
of
Office.
1,
Kendle Allen,
do
solemnly swear
th t
I m a citizen
of
the United States and
of
the
State
of
Washington; that I
will
support the Constitution and Laws
of
the United States
and the Constitution and Laws
of
the State
of
Washington, and
will
to
the
best of my
judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties
of
the office
of
Sherif
in
and for Stevens County, Washington,
as
such duties are
prescribed
by
law, so help
me
God."
Dated March 12, 2014.
See
Allen's Oath
of
Office
attached.)
Washington state law, RCW 29A.60.280(3)(a) states
that
the Oath of Office shall be subscribed
and filed no earlier than 10 days prior to assuming office and RCW 29A.24.020 unequivocally states
"and
shall again be sworn into office for the full term".
t
Amendment Criminal Complaint against Kendle Allen
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When the people call upon their elected, appointed
or
otherwise employed servants to prove
their authority and they answer with silence when they have a legal and moral duty
to
speak - their
silence is their answer. When they are unable or unwilling to prove authority, they have violated the
public s trust; they are criminal usurpers of a public office; they file false instruments
to
receive a
paycheck; and they commit perjury to do
so.
In
our
country, we the people are guaranteed a republican
form
of
government of the people,
by the people
nd
for the people . It is we the people
of
the posterity
who
are the responsible party
to
hold the instruments of our creation, and those we employ to serve us, accountable to the law.
There exists a duty in all public servants, be they elected, appointed or employed, to prove their
authority upon request. The recipient of this criminal complaint has been addressed no less than three
times over the people s concerns said recipient was non-eompliant with state law. Recipient was given
ample opportunity to respond
but
chose to answer with silence. It is, in its simplest form, the people s
duty to file this criminal complaint.
Therefore, this complaint
is
submitted under a 1
st
Amendment Right
to
redress of grievance as
interpreted in United States v. Hylton, 710 U.s. 1102 (1983) and Bill Johnson s Restaurants Inc., v. NlRB
461
U.S.
731, 108 S. Ct. 2161, 2161, 761.
Ed.
277 (1983) Moreover the supreme court has held expressly
that the first
mendment
right to petition protects the individual's right to file an action with a
reasonable basis in a
st te
tribunal.
This Right
is
further supported by your
former
RCW 10.16.010, which
was
superseded - not
repealed in 1984 by cour t rule JCrR 2.02 which has now been replaced by
CrRU
2.2 and CrR 2.2.These
court rules only superseded a portion of
the former
statute leaving the remaining portion intact and in
effect.
Malott
v
Randell (1974) 11 Wash. App. 433, 5 3 P.2d 439 When portions
of
a statute are
superseded by the rule, other portions of the s me st tute dealing with matters upon which the
comparable rule is silent are
not overruled nd remain in effect. See also attached copy
of RCW
10.16.010 and code revisers comments.
Demand is also made for a hearing in which this victim and witness can give oral testimony and
present witnesses in support. CrRU 2.2 a) (2).
First Charge R W 42.20.030
Kendle Allen, a person, criminally usurping the office
of
STEVENS
COUNTY
SHERIFF, has and
continues to criminally personate and represent and wilfully exercise the functions and perform the
duties
of such officer, without having duly qualified therefore, as required by law and who, having been
elected to serve as an executive officer has wilfully exercised the functions of th t office after any right
to do
so has
ceased. RCW 42.12.010 (6).
RCWA 42.12.010
Right to hold public office is subject to qualifications imposed by legislature. State ex
reI Carroll
v
Simmons (1962) 61 Wash.2d 148, 377 P.2d 421 cerro den. 83 S Ct 1698,
374
U S
808, 10
L Ed
1032.
1
st
Amendment Criminal Complaint against Kendle Allen
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'Vacancy occurs
in
office
y
operation
of
statute
t
time
event
takes place. State ex
reI
Austin v Superior Court
of
Whatcom County (1940)
6
Wash.2d 61 106 P.2d 1077.
Second Charge - RCW 40.16.030; RCW 42.20.060;
and
RCW 9A.28.040
RCW 40.16.030 Offering false instrument
for
filing or record.
RCW 42.20.060 Falsely auditing and paying claims.
RCW 9A.28.040 Criminal conspiracy.
Kendle Allen, a person, criminally usurping the office
of
STEVENS
COUNTY SHERIFF,
and
discharging the duties
of that
public office, did and continues to conspire with other criminal usurpers
illegally occupying public offices of STEVENS COUNTY
to
procure and offer false instruments
in
the form
of
salary vouchers
into
the STEVENS
COUNTY
AUDITOR'S office, which
if
genuine, might be filed
or
recorded in such off ice under the laws
of
this state. Allen
has
participated in allowing and paying salaries
to his person, and other persons in that office, and continues to directly consent to pay these salaries
fraudulently to persons
not
authorized by law
to
receive them.
In addition Allen did
also
knowingly violate many people's rights who have been negatively
impacted through deprivations of life, liberty and property by Allen's actions while impersonating a
public official (sheriff) through the issuance
of
process purporting to be judicial but is not.
RCWA 40.16.030
In this section making
it
a crime
to
knowingly file any false
or
forged instrument in a
public office, the term instrument encompasses a document which
is
required or
permitted by statute or valid regulation to be filed, registered, or recorded in a public
office
if the claimed falsity relates to material fact represented in the instrument and
the information contained in the document
is of such
a nature
that
the government
is
required or permitted by law, statute or valid regulation to act in reliance thereon, or
the informat ion contained in the document materially affects significant rights
or
duties
of
third persons, when such effect
is
reasonably contemplated by the express
or
implied
intent of the statute or valid regulation which requires the filing, registration, or
recording
of
the document. State
v.
Price (1980) 94 Wash.2d 810, 620
P.2d
994.
RCWA 42.20.060
Use
of the word false in connection with fraudulent does not indicate legislative
purpose
to
include only
such acts
as are corruptly false, or are done with willful design
to cheat and defraud public funds. State v. Case (1915) 88 Wash. 664,153 P. 1070.
Specific intent
to violate law is implied from fact of violation even though person had no
wrongful intent
to
do anything beyond doing
of
prohibi ted act. State
v. Case
(1915) 88
Wash. 664,153 P. 1070.
RCWA 9A.28.040
Conspiracies may be proved by circumstantial evidence or established like any other
disputed fact.
Sears
v. International Brotherhood of Teamsters, CS H (1941) 8 Wn. 2.d
447, 112 P.
2d
850.
st
Amendment Criminal Complaint against Kendle Allen
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Test of sufficiency of evidence in action for conspiracy
is
that facts and circumstances
relied on to establish conspiracy must be inconsistent with lawful or honest purpose and
reasonably consistent only with existence
of
conspiracy. Couie
v.
Local
Union No. 1849
United Brotherhood of carpenters and Joiners (1957) 51 Wn. 2d 108,316
P.2d
473.
third
Charge - R W 9A.72.020
Kendle Allen, a person, criminally usurping the office of STEVENS COUNTY SHERIFF did commit
perjury in the first degree by signing false salary warrants, false arrest warrants and a document
purporting to be
an
Oath
of
Office, under penalty of perjury, which is required by law
to
be timely taken
and properly filed and made a part
of
the official public records as required by RCW 65.04.040.
A statement concerns a material matter for purposes of perjury, if it relates to any
question which might properly arise in a trial or when it is intended to or might affect a
court's consideration of issues presented; it need not bear upon the ultimate issues of a
case. State v Daniels (1974) 10 Wn. App. 780, 520
P.
2d 178.
Because Allen's Oath was not subscribed before assuming office on January 1 2011, the law
says he failed to duly qualify and is criminally usurping the office
of STEVENS
COUNTY SHERIFF. Allen
has been notified
of
his non-compliance
with
state law on April
8
2014. Allen was notified
that
the
Office
of STEVENS
COUNTY
SHERIFF
was vacant on May 27, 2014. Allen was given opportunity
to
answer
a directive of the people on June 13, 2014,
to
testify under oath why he did not respond to the first
two
correspondences and yet he still remained silent.
For the foregoing reasons, and according
to
state law, Kendle Allen should and must
be
charged,
at minimum, with the above violations
of
law and brought to trial.
By the attached Declarations, we the people on Stevens County, on the state of Washington, do
1
t
hereby formally submit this Amendment Criminal Complaint against Kendle Allen, a person,
criminally usurping the office of STEVENS
COUNTY SHERIFF.
See
attached Declarations for signatories.
1
t
Amendment Criminal Complaint against Kendle Allen
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STATE
OF WASHINGTON
55.
O TH
OF
OFFICE
County
o
Stevens
I
Kendle Allen, do solemnly swear that I
am
a citizen o
the
United States
and o the
State
o Washington;
that I
will
support
the
Constitution
and
Laws o
the
United States and the Constitution
and
Laws o
the
State
o
Washington,
and
will to
the best o
my judgment, skill and ability truly, faithfully, diligently and impartially
perfonn
the
duties
o
the office o Sheriff in and for Stevens
County Washington as
such duties
are
prescribed by
law
so
help
me
God.
~
endle Allen
Sheriff -
Subscribed and sworn
to
before
me
this 12
lb
d y o March,
2014.