Esther Tendo Atam
13621 Arcturus Ave.
Gardena, CA 90249
August ____, 2023
George Gascón
Los Angeles County District Attorney
210 West Temple Street
Los Angeles, California, 90012
RE: REQUEST FOR INVESTIGATION AND PROSECUTION
Dear Sir,
This letter serves as my formal request for a thorough investigation and subsequent prosecution of the matter stated herein. The background of this letter are incidents that I reported to the police, but the police failed to prosecute the culprits. I was then humiliated by the Court when I filed a restraining order against the culprits.
The first incidence happened on July 10, 2023, when I was assaulted by individuals who refused to leave my property. I called the police to report the incident. The next incidence happened on June 13, 2023, when an unknown caller threatened to kill me and bomb my car. I traced the first and second incidences to the individuals residing at 3708 Arcturus Avenue. I have exhibits, (police reports, medical bill, ambulance bill, court transcript, harassing text messages) that clearly evidence a threat of assault was reported to police, at least three weeks prior to the assault.
All of my reports met the legal threshold for criminal threat and assault (battery). Criminal threats are defined in California Penal Code 422 PC as threats of death or great bodily injury that are intended to (and that actually do) place victims in reasonable and sustained fear for their safety or that of their families. The threats from the individuals indeed caused me fear for my safety and that of my family. I had to file a restraining order against the individuals.
Further, California Penal Code §242 PC defines the crime of battery as the “willful and unlawful use of force or violence” on another person, even if it does not cause injury or actual pain. I was assaulted when one of the individuals grabbed my hair, threw me on the ground, and punched me on the head severally.
In spite of the solid proof that I have for all of my complaints to the police, the police have allegedly labeled me ‘mentally ill’. That notwithstanding, even mentally ill people deserve protection by law enforcement. According to the Office of Justice Programs, police involvement with mentally ill persons is grounded in two common law principles: (1) The power and responsibility of the police to protect the safety and welfare of the public, and (2) Parens Patriae, which dictates protection for disabled citizens such as mentally ill persons. It follows; the police, while categorizing me as mentally disabled, have neglected their duty to protect me from harm, by prosecuting the individuals who threatened and assaulted me.
It was unprofessional for the police to label me as a mentally ill person, just because I made reports to them. The police officers violated the law’s rebuttable presumption, codified in California Probate Code section 810, that all persons have capacity “to make decisions and to be responsible for their acts or decisions.” There must be a medical diagnosis for one to be termed mentally ill. Besides, the police have video evidence of the assault, and it clearly shows I was attacked. They therefore have no excuse not to prosecute the individuals.
Next, the police directed me to file a restraining order on the perpetrators, using the police incident report number for the assault. However, when I went to court, I was reprimanded by the judge for wasting the Court’s time. I tried to explain to the judge that the police had instructed me to file the restraining order and that I only followed through as directed. The judge dismissed my case. This was an affront to my due process rights, which guarantee me a right to a fair trial to seek legal redress. Nevertheless, I approached the court at the direction of the police officer. The police should therefore take full responsibility, and fulfill their duties to institute criminal proceedings against the culprits.
My fears are that, if nothing happens, I am at risk for further assault or potentially worse. I walk around with a hammer to and from my car, in fear of being ‘jumped’ again. The neighbors who assaulted me live only a few houses down the street from me. My child is in fear for her safety as well and refuses to come to my home. She is currently safe staying with her dad.
It is notable that when I reported the incidences, the officer advised me to seek a restraining order against the individuals.
In light of the foregoing, I humbly plead with you to please help me in this matter. Justice must not only be done, but must be seen to be done. Further, it is a settled principle of equity that there is no wrong without a remedy. The culprits that I complained of threatened me and assaulted me. It is only just that they be prosecuted and justice be served, and they get their just desserts.
Yours Sincerely,
_________________
Esther Atam
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