CALIFORNIA
People v Erik Barrington
Case # SM266484 A
I was released on 11/03/2008 after 33 days in San Joaquin County Jail on a complaint that was allegedly filed against me a month after (a 2nd false complaint) the alleged assault took place. The complaint clearly states that the victim was at the defendants residence which is in direct violation of the restraining order that was issued 03/14/2008.
01/27/08 I was arrested on the same complaint, offered “a deal” by the public defender; with the promise that I would be released that evening and would be on informal probation and had to attend a 52 week domestic violence class. I received the usual paperwork after I plead “no contest” in front of Judge ___ on 02/01/2008. At no time was I instructed that the plea bargain included a stay away from my residence of: ___ The paperwork I received stated that an EPO had been issued and that it expired 02/01/2008.
I did not go home to my residence until 02/10/2008 where upon reaching my residence we got into an argument during which she threatened to: “kill me” “have me killed” stating that “I could have you killed for a six pack of beer” also during this argument she did threaten to kill herself.
I left the premises and called the police and remained on the phone with dispatch until the police arrived. From a distance of half a block I observed the Stockton Police Dept going around the perimeter of my house with their guns drawn while ___ stood in the doorway. I asked the dispatcher why the police are circling the house when she is standing in the doorway. I described her erratic behavior and the dispatcher asked me several different ways if she was taking any illegal drugs. I described the pills that she was having shipped from China but the dispatcher wasn’t able to identify the drugs without more accurate information. I hung up the phone and left the area. I returned to my home the next morning to resume work and was arrested again 02/11/2008.
I was remanded to custody and given a 60 day sentence with my release scheduled for 03/13/2008 when the DA approached the bench and insisted that I serve that sentence and a 60 day consecutive sentence for violating a restraining order. I protested this loudly stating that I absolutely would not have taken any plea bargain that effectively barred me from my employment. The complaint stated that: “Mr. Barrington went to Ms ---residence…”
This was never Ms. ---residence, as I moved in 11/02/2006 while she remained at her residence in Acampo. When asked why the defendant couldn’t serve these sentences concurrently the district attorney stated (in camera) that “I need to give her time to move out”.
I was ordered to serve an additional 60 day sentence with an outdate of mid April, during this proceeding and previous court appearances I insisted loudly that I be allowed to withdraw my original plea of “no contest” urging the court to take the matter before a jury. The public defender then withdrew from the case and it was assigned to ___ who later gave the case back to ___. I then insisted that we take the matter before a jury insisting that at no time was I apprised of having to vacate my premises as part of the plea deal. public defender___ argued me that “he would be a witness against me as I am certain that you knew about and agreed to the restraining order”
Judge ___ denied me the right to withdraw my plea and I was ‘coerced’ to accept a guilty plea and serve an additional 60 day sentence for violating a restraining order.
I was released 04/14/2008 and had to attend domestic violence classes, pay fines and fees and observe the restraining order. During my first internment Ms ___, after filing for divorce on 02/14/, 2008 took my payroll checks in the amount of $891.00
I had no reason to be mad or angry or assault Ms. ___ on 01/27/08 or 09/02/08
The argument 01/27/08 took place at approximately 08:30AM when I left to go to --- for building materials Ms --- showed up at the police dept around 04:30PM to file a complaint
When I left Ms. --- had no injuries of any kind even though she threatened me with going to the police and “show them this mark on my cheek”. I laughed it off and left. This was the initial arrest. But I did state in court that I was not the aggressor, nor did I assault Ms. --- and in fact stated that: “I ran away from her” Judge ---stated “next time run faster” which seemed to amuse several people in the court-room. 09/02/2008 Ms. --- showed up at the property approximately 04:45PM and began to take her laptop and other small items that she had left.
I filed an online police report 09/27/2008 for harrassing pone calls and requested that a police officer come out to my residence and take a report for the sole purpose of filing a restraining order against her to stem the constant phone calls, emails and threats of having me arrested because to quote her: “I will have you arrested and then come over there and take whatever I want” stating that “I always get my way”.
Officer S. Ven. left the standard blue card and stated that there was no report to file and called Ms. ---warning her to observe the restraining order. Ms. ---then filed another false complaint alleging that I assaulted her on September 1 or 2 while she was at my residence taking her things out. I brought a witness to court to take this matter to trial as I did not assault Ms. ----.
Mr. ----- public defender supervisor arrived with the public defender and told me that:
“while you will probably will win the court case you will stand the risk, and its pretty great, that you will lose the war and the judge is very hard on domestic violence cases. You will get a violation of probably 8 months to a year” “Your best bet is just to plead to the probation violation.”
I argued that the district attorney couldn’t plead the CA PC 166 because the complaint clearly states that the ‘victim’ came onto my property, what am I supposed to do, leave my own property?” He said ok then, I will get the probation violation dropped and you plead to the other, it’s for your best interest, it’s my risk assessment evaluation.”
When I get in the courtroom I am now being told to plead guilty to a new misdemeanor charge of domestic violence, have my probation extended, pay additional fines and fees and start the domestic violence class over plus perform an additional 22 days of AWP because the district attorney wants a 90 day sentence.
I am now being forced to accept a new charge 11/03/08. Ms. public defender stated that: “a possible year sentence, just leave it as it is. I will recommend to AWP to accept you into the program.”
During my incarceration the ex-wife and a former tenant were observed several times by every neighbor on my cul-de-sac go in and out of my house taking things during the month of October repeatedly. I called Stockton Police dept and filed a burglary charge but they have not arrested her or her companions despite me having 4 witnesses.
This is an irrefutable denial of equal protection under the law.
I was held to answer for a crime that
A) was reported a month after it allegedly took place.
B) reported in retaliation for me calling the sheriffs’ office because she had already been instructed by the property manager NOT to return to the residence for any reason after being evicted.
C) was denied a fair trial out of fear of retribution of a lengthy probation violation if I was found not guilty.
I am the victim of a residential burglary by the ex-wife and no one has been arrested.
The district attorney made two non-legal arguments as to why I should not be released on my own recognizance;
1) the first being “the defendant is 5’10” tall and weighs 220 lbs” at the initial arraignment.
2) the other non-legal argument is: “the victim has the right to go to his residence and retrieve any personal belongings” No she doesn’t.
3) Since when does the district attorneys office affirm civil matters? That was the district attorneys argument March 13, 2008 for running the two sixty day sentences consecutively vs. concurrently “to give her time to move out”
Ms. ---- came to a neighbors house the night of the alleged altercation and that neighbor is a registered nurse who was also willing to testify that she saw no injury on Ms. ---. Does me being 5’10” & 225# as the district attorney stated automatically deny me a reasonable bail?
Judge Van Oss literally shouted at me:
“why do you keep writing the court stating that your bail is $85,000.00 when in fact its not, its only $35,000.00?” when I replied that my bail was in fact, $85,000.00 Judge Van Oss SHOUTED “NO IT’S NOT!” and then the clerk of the court stated that my bail was $85,000.00 and all he said after being corrected was “oh”.
Clearly he had his mind made up as to whether I was guilty or not.
I stated in court the day I accepted the no contest plea 11/03/08. That: “I do not go to Ms. ---- residence. I do not go to Ms. ---- place of employment. I do not call Ms. --, it is in fact, her that is and has been pursuing me, she wont leave me alone” was the statement I made in court.
I have the right to not suffer undue prosecutorial misconduct nor punishment for a crime that did not happen. No one assaulted Ms. ---. “where is my equal protection under the law?”
Erik J Barrington
What is the name of your state CA (only U.S. law)?What is the name of your state (only U.S. law)?
People v Erik Barrington
Case # SM266484 A
I was released on 11/03/2008 after 33 days in San Joaquin County Jail on a complaint that was allegedly filed against me a month after (a 2nd false complaint) the alleged assault took place. The complaint clearly states that the victim was at the defendants residence which is in direct violation of the restraining order that was issued 03/14/2008.
01/27/08 I was arrested on the same complaint, offered “a deal” by the public defender; with the promise that I would be released that evening and would be on informal probation and had to attend a 52 week domestic violence class. I received the usual paperwork after I plead “no contest” in front of Judge ___ on 02/01/2008. At no time was I instructed that the plea bargain included a stay away from my residence of: ___ The paperwork I received stated that an EPO had been issued and that it expired 02/01/2008.
I did not go home to my residence until 02/10/2008 where upon reaching my residence we got into an argument during which she threatened to: “kill me” “have me killed” stating that “I could have you killed for a six pack of beer” also during this argument she did threaten to kill herself.
I left the premises and called the police and remained on the phone with dispatch until the police arrived. From a distance of half a block I observed the Stockton Police Dept going around the perimeter of my house with their guns drawn while ___ stood in the doorway. I asked the dispatcher why the police are circling the house when she is standing in the doorway. I described her erratic behavior and the dispatcher asked me several different ways if she was taking any illegal drugs. I described the pills that she was having shipped from China but the dispatcher wasn’t able to identify the drugs without more accurate information. I hung up the phone and left the area. I returned to my home the next morning to resume work and was arrested again 02/11/2008.
I was remanded to custody and given a 60 day sentence with my release scheduled for 03/13/2008 when the DA approached the bench and insisted that I serve that sentence and a 60 day consecutive sentence for violating a restraining order. I protested this loudly stating that I absolutely would not have taken any plea bargain that effectively barred me from my employment. The complaint stated that: “Mr. Barrington went to Ms ---residence…”
This was never Ms. ---residence, as I moved in 11/02/2006 while she remained at her residence in Acampo. When asked why the defendant couldn’t serve these sentences concurrently the district attorney stated (in camera) that “I need to give her time to move out”.
I was ordered to serve an additional 60 day sentence with an outdate of mid April, during this proceeding and previous court appearances I insisted loudly that I be allowed to withdraw my original plea of “no contest” urging the court to take the matter before a jury. The public defender then withdrew from the case and it was assigned to ___ who later gave the case back to ___. I then insisted that we take the matter before a jury insisting that at no time was I apprised of having to vacate my premises as part of the plea deal. public defender___ argued me that “he would be a witness against me as I am certain that you knew about and agreed to the restraining order”
Judge ___ denied me the right to withdraw my plea and I was ‘coerced’ to accept a guilty plea and serve an additional 60 day sentence for violating a restraining order.
I was released 04/14/2008 and had to attend domestic violence classes, pay fines and fees and observe the restraining order. During my first internment Ms ___, after filing for divorce on 02/14/, 2008 took my payroll checks in the amount of $891.00
I had no reason to be mad or angry or assault Ms. ___ on 01/27/08 or 09/02/08
The argument 01/27/08 took place at approximately 08:30AM when I left to go to --- for building materials Ms --- showed up at the police dept around 04:30PM to file a complaint
When I left Ms. --- had no injuries of any kind even though she threatened me with going to the police and “show them this mark on my cheek”. I laughed it off and left. This was the initial arrest. But I did state in court that I was not the aggressor, nor did I assault Ms. --- and in fact stated that: “I ran away from her” Judge ---stated “next time run faster” which seemed to amuse several people in the court-room. 09/02/2008 Ms. --- showed up at the property approximately 04:45PM and began to take her laptop and other small items that she had left.
I filed an online police report 09/27/2008 for harrassing pone calls and requested that a police officer come out to my residence and take a report for the sole purpose of filing a restraining order against her to stem the constant phone calls, emails and threats of having me arrested because to quote her: “I will have you arrested and then come over there and take whatever I want” stating that “I always get my way”.
Officer S. Ven. left the standard blue card and stated that there was no report to file and called Ms. ---warning her to observe the restraining order. Ms. ---then filed another false complaint alleging that I assaulted her on September 1 or 2 while she was at my residence taking her things out. I brought a witness to court to take this matter to trial as I did not assault Ms. ----.
Mr. ----- public defender supervisor arrived with the public defender and told me that:
“while you will probably will win the court case you will stand the risk, and its pretty great, that you will lose the war and the judge is very hard on domestic violence cases. You will get a violation of probably 8 months to a year” “Your best bet is just to plead to the probation violation.”
I argued that the district attorney couldn’t plead the CA PC 166 because the complaint clearly states that the ‘victim’ came onto my property, what am I supposed to do, leave my own property?” He said ok then, I will get the probation violation dropped and you plead to the other, it’s for your best interest, it’s my risk assessment evaluation.”
When I get in the courtroom I am now being told to plead guilty to a new misdemeanor charge of domestic violence, have my probation extended, pay additional fines and fees and start the domestic violence class over plus perform an additional 22 days of AWP because the district attorney wants a 90 day sentence.
I am now being forced to accept a new charge 11/03/08. Ms. public defender stated that: “a possible year sentence, just leave it as it is. I will recommend to AWP to accept you into the program.”
During my incarceration the ex-wife and a former tenant were observed several times by every neighbor on my cul-de-sac go in and out of my house taking things during the month of October repeatedly. I called Stockton Police dept and filed a burglary charge but they have not arrested her or her companions despite me having 4 witnesses.
This is an irrefutable denial of equal protection under the law.
I was held to answer for a crime that
A) was reported a month after it allegedly took place.
B) reported in retaliation for me calling the sheriffs’ office because she had already been instructed by the property manager NOT to return to the residence for any reason after being evicted.
C) was denied a fair trial out of fear of retribution of a lengthy probation violation if I was found not guilty.
I am the victim of a residential burglary by the ex-wife and no one has been arrested.
The district attorney made two non-legal arguments as to why I should not be released on my own recognizance;
1) the first being “the defendant is 5’10” tall and weighs 220 lbs” at the initial arraignment.
2) the other non-legal argument is: “the victim has the right to go to his residence and retrieve any personal belongings” No she doesn’t.
3) Since when does the district attorneys office affirm civil matters? That was the district attorneys argument March 13, 2008 for running the two sixty day sentences consecutively vs. concurrently “to give her time to move out”
Ms. ---- came to a neighbors house the night of the alleged altercation and that neighbor is a registered nurse who was also willing to testify that she saw no injury on Ms. ---. Does me being 5’10” & 225# as the district attorney stated automatically deny me a reasonable bail?
Judge Van Oss literally shouted at me:
“why do you keep writing the court stating that your bail is $85,000.00 when in fact its not, its only $35,000.00?” when I replied that my bail was in fact, $85,000.00 Judge Van Oss SHOUTED “NO IT’S NOT!” and then the clerk of the court stated that my bail was $85,000.00 and all he said after being corrected was “oh”.
Clearly he had his mind made up as to whether I was guilty or not.
I stated in court the day I accepted the no contest plea 11/03/08. That: “I do not go to Ms. ---- residence. I do not go to Ms. ---- place of employment. I do not call Ms. --, it is in fact, her that is and has been pursuing me, she wont leave me alone” was the statement I made in court.
I have the right to not suffer undue prosecutorial misconduct nor punishment for a crime that did not happen. No one assaulted Ms. ---. “where is my equal protection under the law?”
Erik J Barrington
What is the name of your state CA (only U.S. law)?What is the name of your state (only U.S. law)?
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