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Police Victim Statement – 2018 sept 24 events

Written 17 and 18 Nov 2018, Serge Lamarche

«Témoins»Some present. The six on the right are also tenants.

attaches coupéesTie cut off (with blue styro pendant).

avec policeGroup. From right: cst Diddams, owner Horak with worthless lawyer letter trying to justify his actions to the police, manager Craig Ross wearing glasses and other tenants supporting the assault.

Tercel endommagée par remorquageTercel damaged by «Magnusson Towing».

Lettre de l'avocatLetter from the lawyer Desruisseaux in which he claims that the rental agreement prohibits hang gliding attached to the balcony and where he also claims that my Tercel is derelict and that the city forbids it. This letter was served to me three weeks after the written date (2018 Sept. 7). Horak added his little note, strange considering his contempt of the law. He also took the opportunity to verbally threaten me with towing my Tercel in a week, contrary to what is said in the letter.

Ma répliqueMy reply to Horak and Desruisseaux which remained unanswered. Horak acted on the following Sept. 24 certainly without the support of his lawyer. Here, I explain that Horak does not have the right to demand these things because a decision dating back to 2002 granted me the right to keep not one, but two deltaplanes securely attached to the balcony. My car is not derelict and moreover, the municipal law does not even forbids uninsured or derelicts cars on private land. In addition, Horak implicitly admitted during the previous spring hearing that he had sabotaged the water pipes in my apartment while I was not looking. He had cursed both times. See below.

Ma lettre de 2002My letter of 2002 (deltaplane)

Décision de 2002Decision of 2002 (hang glider). Horak bought the buildings between 2013 and 2015.

Municipal rule about vehicles that clearly shows uninsured vehicles and even derelict ones are allowed (the Tercel works and I recuperated it by insuring it and driving it over 30 km):
TOWN OF GOLDEN
BYLAW NUMBER 1287, 2011
PROPERTY MAINTENANCE
"derelict vehicle" means any unlicensed vehicle that is not capable of being moved by its own motive power and that is dilapidated;
"dilapidated" means means a state of disrepair or ruin apparently resulting from disuse or neglect;
"unlicensed vehicle" means a vehicle for which evidence of current insurance to drive the vehicle has not been produced on the request of a Bylaw Enforcement Officer;
3. REGULATIONS
(4) An owner or occupant of any land, property or premises:
d) other than as permitted under the current Town of Golden Zoning Bylaw as it may be amended or replaced from time to time, and in accordance with a business licence issued by the Town, must not cause or allow to accumulate or remain on or around a parcel or premises:
i. more than two unlicensed vehicles, ,
ii. more than one derelict vehicle,; or
iii. more than one inoperative trailer or vessel or parts thereof.

Tuyau sabotéSabotaged pipe. This pipe was sabotaged on 12 july 2015 by Horak with the manager present. I had heard Horak swear and scram and the manager explains Horak enlarged the hole with a jigsaw supposedly by accident. The next sabotage showed that Horak did not do it by accident.

coude sabotéSabotaged elbow. Photo taken after the repair. This elbow was sabotaged with a wrench by Horak on 12 july 2015. The arrow shows where the elbow weld was loosened and the water leak direction downward.

Note aux locatairesNote to renters that forbids uninsured vehicles and threatens to tow them. Theses forbiddings and threats are not legal. Since years, it was proven false that cars have to even be moved to remove the snow. For example: Auto sous neigeCar under snow. Many other vehicles moved little and did not cause any issue during the preceding 18 winters I lived in this appartment.

At the first hearing of my complaint to Tenancy Branch BC about abuses and crimes by Horak on nov 6, the lawyer immediately accepted to pay for the towing, insurance and hearing fees, of the total mount of 256 $.

At the second hearing november 29, I accepted the offer of moving on may 1st with free rent until then and $1000 for my moving expenses before the hearing start, at the arbitor insistence. I stopped the direct fight for freedom as a renter, which could have helped the others because it was getting less worthy with neighbours so fascists (some are also criminals). It is certain that the owner would have lost again since his eviction was based on lies and puerile crying like his attempt of the spring. This time, his lies were graver and could have cost him more, hence the lawyer, a protection against criminal charges.

Intro: After discussions with cst Diddams and cpl Williams, it is unfortunate that the investigation apparently did not determine the truth and the facts of the events entirely. It is disappointing that even with their powers, the police can't fight crime better and can't nab criminals better. I want to clearly report the facts here and discuss them in conclusion.

Facts: On sept 24 around 17:00 I was on the computer working when I hear noise outside. I see a ladder apposed on the balcony above. A few minutes later I see Horak, the owner of the building, on the ladder seemingly doing something about the balcony above. I hear a female voice asking «what is he doing?» and Horak answering «he's sitting by the computer doing nothing». I see Horak going down the ladder but I make no case of it and continue working.

Some minutes later, I hear clamors outside and strange noises. From my desk I see nothing special. I go look by my room window and see Horak on the ladder with a branch cutter and a bunch of people around cheering and noising. By the time I go on the balcony, I hear my hang glider falling noisily and hitting a ladder on the way, certainly damaging it. Some comments overhear «you see how dangerous it is!» by below neighbour and «he said it could kill a cat» and «yeah, but what are the odds?» by two women.

I go back to my room to pick up my phone, no bar. I go on the balcony with the phone to try to call. One bar. I call 911 at 17:08 according to my phone but the line dies right away. I scream at the crowd that the owner does not have the right to do this, that they do not have the right to do this. A woman replies that yes, they have the right. I scream back that they don't and that is stealing. I try 911 again at 17:12 and this time it goes through. I tell the operator that the owner and a bunch of people are stealing my glider at 420 5th ave s Golden. She replies that there «was a call already for that address and police on the way». I say, «okay can you add my info to the police?»

On the balcony, I am furious that the owner did this and that several neighbours are encouraging him. I repeat that was entirely illegal, that my glider was fine to be there. To no avail, I get replied that they have the right to do this.

A woman stokes the owner saying something like «get the other one». The owner climbs back on the ladder with the branch cutter and cut a string holding a rope. I am astonished. He proceeds then to approach my other hang glider, the one close to the building, with his cutter. A hang glider is made of soft aluminium alloy and hitting it would make a bump. I interpose myself. He still grabs the glider to pull it and I block him with my body, and push the glider back toward the wall. Horak then, from the ladder, hit me in the right side of the belly with his left fist hard enough to feel some pain and long enough to back me up against the glider at about 45 deg angle. I am stunned that Horak goes crossing the legal line that much but am now more ready. He goes down one step on the ladder and wait, ready to strike again. I look at this and try to find a way to get him down. I swerve my hand in front of him, I shake the ladder, he stays there with a defiant smile. I scream «go away!». He screams back «no!». I look at a way to end this, I look at his cap, he sees I look at his cap and he has a challenging mug. I know that it can be badly seen but after what he has done, the cap will do. I grab it in a fast move and pull it up in a grandiloquent move so that it is obvious I took his cap, which was rather tight on his head. I move my hand up with the cap and, in a half circle to my right, release it to fall below. I check the cap falling in one go, no spinning, flat upside down, without touching anyone. Horak stays there a moment. A woman says «that's an assault», that triggers Horak to go down the ladder. I reply «that is not an assault». The woman insists and I insist the contrary.

Horak down, I grab the ladder to let it down to the left saying «you don't have the right to do this. It's illegal!». I tell them loudly that in 2002, there was a hearing about the hang gliders and that the arbitrator decided it was fine to have two hang gliders hanging by the railing since it is so light and secured with climbing ropes. I had two like this since 2000 and for several years after (until my regular glider was stolen; after that, only one).

Once the ladder down, I was able to go outside and confront this insane crowd. I checked and noticed my car (Tercel) was also missing from my parking space.

I confront the owner saying he is doing more crimes. A woman neighbour comes to his defense saying he is a nice man. I tell her that Horak is a saboteur and sabotaged two water pipes in 2015 causing damages. She says «do you have any proof?». I say «yeah, but don't need to because he implicitely admitted it during the spring hearing. The manager even helped and is a witness to it.». Horak replies «I am a pipe fitter, I know how to fix pipes!». I reply «yes, that makes you a very competent pipe saboteur!».

I go on regarding the car. «Towing the car was illegal, it was not derelict like he pretends and hence had no reason to have it removed». I recognized a neighbour that was there when I drove it around in the parking lot as proof, but this neighbour starts to reply that he would say «fuck all». He repeats this and I want to record it. I take my camera out and he tries to grab it, but I hold it solid. A woman says «that's an assault… let him film». I film him and he turns into a puppy, not intimidating.

Cst Diddams arrive around this time. He comes and the owner says I assaulted him and I say no, he's the one doing the stealing. Diddams decide to go after me and on prompts from Horak and neighbours. Diddams is told I have keys, a phone, a camera. Diddams takes my keys, my phone, my camera one at a time after being told and decides to cuff me. Diddams says «you're doing very good right now». I reply to him «you say I am doing very good right now. However, you are doing everything wrong! You should be arresting Horak, the owner… you better investigate further before going too far.». After this, I am placed in the back of the police car.

A few minutes later, Diddams open the police car door and seems to have seen issues and has mellowed one notch. He asks some questions and I tell him to investigate further. I point him to witnesses that I know have more details. This occurs at least three times during which he progressively stands down the assault suspicion, removes the cuffs first, but keeps me in the car. During one of the first interludes in the car, I hear, not loudly but clearly enough, a man and a woman commenting a video of what just happened between me and Horak when he was on the ladder. The woman had taken the video and was showing the man. The man seemed knowledgeable so I surmised it was one of the police officers (cst Janzen had arrived when I was in the car). The comments went this way: man «let's see it». Woman: «see? He hit him there». Man: «let's rewind a little and see the whole thing». Man: «look there, the owner pushes and the renter backs off. He backs off too fast, the owner is hitting him with his left arm». Woman: «oh yeah, you're right, he's backing too fast for him to do it on his own.». Man: «see how the renter changes face like that was crossing the line?… and he looks around for a way to stop him.». Man: «then, he grabs his cap and look very carefully to see that it doesn't hit anyone». Woman: «so, is it an assault?». Man: «not really because it was a defensive move.»

Once I heard these comments about the video, I was sure the police had seen it and that the police was acting negatively to me as to have more witnesses being more talkative. Then, Janzen opened the door and talked to me about hang gliding and how he would be interested in doing it. I told him about my website at mt7.ca. He kept me in the car after that chat though.

Shortly after this, Diddams released me and I got to feel the insane fury of the neighbours. I took a photo of Diddams and Horak and other neighbours. Diddams or Janzen agreed with me, this was not normal. I exclaimed «this is huge!». Diddams said that I could not get the glider back up, fearing it would be stolen and I should consider removing the other one for the same reason. I agreed to place the downed glider on my Corolla (my insured car), parked right there in front. Diddams or Janzen helped me put the downed hang glider on the Corolla. I pointed out that the glider was likely damaged.

Diddams told me who had my Tercel (towed car) but I didn't recall it. I asked later the owner and he refused to say until the manager told him «tell him, it's his car». He said reluctantly «Magnusson towing».

Later, I found numbers for Magnusson but no Magnusson towing. I called them and one answered. I asked if they had towed my car, that the owner did not have the right to do so and where should I pick it up. A woman/boy voice said «do you have $100 for the tow? You'll have to ask Craig the manager to have permission to get it back. I'm not telling you where we are. We're in the boonies anyway, haha, you won't find it.»

The next day I secure my good glider (the saved one) by placing it inside the apartment and moved the downed hang glider on the balcony in its place. I later emailed Diddams a recap of the events, thinking he had the video of the event and that Horak was going to be charged with several crimes.

During the week, I found two possible addresses for Magnusson and went there. The first address was the right one and we agreed to recover the car for $100 on Friday preferably. Friday, I parked my Corolla and picked the licence plate for an insurance transfer to be able to recuperate the Tercel. With a friend bringing me to Magnusson. Magnusson took us to the Tercel. The Tercel started easily. I noticed it was damaged by the towing on the front left panel. I brought it home that night, parked on the street. Saturday, I drove it by the Corolla to a storing place and to do the reverse insurance transfer.

During the week and maybe next, I overheard Horak talking in threatening ways as to how I would move after he breaks into my apartment to steal more stuff (the walls and floors are not thick in the building, I overhear). I did email Diddams about these concerns.

I also overhear Horak saying that he pushed me hard and that I was a little man (not heavy set like him, although taller). And more lately, admitting he had broken the right to peaceful occupation. That is the least!

Conclusion: What the owner, the manager and some renters did is nothing less than an attack on my basic freedom. The owner knew for sure since the spring hearing (eviction attempt fought with tenancy branch) that my hang glider was okay where it was. Moreover, during that hearing, the manager made him implicitly admit he had sabotaged two water pipes in 2015, causing damages in the apartment below. Horak had the balls to declare me responsible of these damages and used that as another argument to evict me.

He knew my car was not derelict. But insisted, with the manager, that he could have it towed any time he wanted. He justified it by using town bylaws. However, Horak was not citing the correct bylaws. The correct bylaws allow for two uninsured cars or one derelict or some trailers.

I don't think the police understands all the implications of the events regarding Horak. A saboteur that has no scruples like this is not a normal landlord. He showed no scruples doing crimes and threatening at several occasions. He lies and is generally dishonest in the ways criminals are. I was threatened by a pair of them in 2013 e.g. «we tried to have you wacked this spring». Many months later, I was told a certain Dennis the menace would fight me. Coincidentally, Horak's first englicised name is Dennis. All this makes it rather obvious that organised crime is involved. I cannot believe that a guy like Horak has gotten his money legally.

I have informed police over the years about local criminals. I was assaulted two times in the 90s and even charged with a sexual assault that never occurred. These events seemed connected to «Hub» Henderson. This to say that at least one police officer was involved on the crime side at the time. The station may have had an overhaul after the ignored SOS in the snow but the service is still not as efficient or competent as I would expect. Investigations still leave big holes that criminals love.

© Serge Lamarche