Category Archives: AXON

Joseph F. Charles, is Fine with it.

By Michael G. Stogner

Joseph F. Charles

It’s been 19 months since Sandra Lee Harmon R.I.P. was executed by San Mateo County Sheriff Deputy David Dominguez on May 5, 2020 in a parking lot located at 845 Main Street, Half Moon Bay, San Mateo County.

The San Mateo County Government provided a Critical Incident Video about 40 days after the Homicide. This video was created by San Mateo County District Attorney Inspector Jordan Boyd who labeled it as “unaltered” when if fact it had been altered. The Video shows Sandra Lee Harmon being shot at while unarmed and hands above her head with her back towards Deputy Dominguez. No labeling saying Deputy fired at unarmed woman. Fact Ms. Harmon was shot in the back three times all fatal.

If the County, the District Attorney, and the Sheriff of San Mateo County had determined in their investigation that Dominguez acted properly, they would never have altered the video and attempted to present it as unaltered; they would have just been honest. And there simply is no justification in any reasonable investigation to fail even to request records pertaining to Dominguez’ body cam. If Dominguez had acted with a true police objective there would be no need for the false reports, the underhanded editing of the video, nor the fear that Dominguez’ camera may hold relevant evidence.

It is Illegal to file a False Police report.

Joseph F. Charles knows this information and couldn’t care less. He’s fine with it, he is a San Mateo County Counsel Attorney.

This is what he says about himself.

About
I am passionate about serving my clients and helping them to successfully navigate the constantly changing landscape of the law. Nothing is more satisfying to me than finding a creative and efficient solution to a client’s legal dilemma. I believe that through uncompromising client service and by attaining an intimate and thorough understanding of my clients’ needs and objectives, I am able to not only resolve their current legal issues but help them to develop a plan and perspective for avoiding future legal problems.

Release the AXON LOG RECORDS, The District Attorney’s Office claims they never requested them.

Next court date for Sandra Lee Harmon’s daughter Sarah Gatliff is January 13, 2021

Case 3:21-cv-01463-VC
Estate of Sandra Lee Harmon, Sarah Gatliff. (Bush, David) (Filed on 12/30/2021)

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City of Half Moon Bay and San Mateo County Counsel, Conflict of Interest? Sarah Gatliff case.

By Michael G. Stogner

Sandra Lee Harmon R.I.P. was killed May 5, 2020 at 845 Main Street, Half Moon Bay, California. She was killed by San Mateo County Sheriff Deputy David Dominguez, who fired 11 hollow point bullets at her at close range. San Mateo County Sheriff’s Office, and the District Attorney’s Office claim the Body Worn Camera that was working perfectly just minutes before the Homicide was turned off by Deputy Dominguez.

The City of Half Moon Bay and the San Mateo County Sheriff’s Office have made NO CORRECTIONS since Yanira Serrano Garcia was killed on June 3, 2014 by San Mateo County Sheriff Deputy Trieu.

Both Sheriff Deputies responded alone, with NO PLAN. Both Homicides had Evidence Tampering. Yanira was shot and killed within 20 seconds of Deputy Trieu exiting his vehicle.

How hard would it be for the City of Half Moon Bay and the Sheriff’s Office to change the procedure that would stop Deputies from going by themselves. DO NOT go to the scene ALONE, Have a Plan.

The current plan is Let Them Sue us It’s Not Our Money.

The City of Half Moon Bay is represented by San Mateo County Counsel again.

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David Silberman, “No Current Factual Dispute based on Evidence.”

By Michael G. Stogner

Attorney David Silberman

Is David Silberman Nuts, No, simply dishonest and his job is to protect the San Mateo County Sheriff’s Office. Of course there is a DISPUTE, there is NO EVIDENCE provided to prove when Deputy Dominguez turned his Body Worn Camera on and off.

That’s why the AXON LOG RECORDS have not been made public, they will provide the Factual Evidence.

This is just one of the many examples of why I say San Mateo County Counsel Attorney David Silberman should be Fired.

“I think I should begin by noting that there is no current factual dispute based on evidence about when Deputy Dominguez turned his camera on and off.” This can be found on Page 11

Half Moon Bay Resident David Eblovi was forced to sue San Mateo County this week because his elected Officials and 2 City Managers didn’t chose too, That is a story all by itself, more on that later.

David Eblovi vs. San Mateo County lawsuit.

Sandra Lee Harman R.I.P. was killed on May 5, 2020 in Half Moon Bay, California, she was shot at 14 times with hollow point bullets, 8 of the bullets struck her body, 3 fatal shots to her BACK, she was shot at while unarmed, with her hands above her head, Three shell casings were moved and relocated at the crime scene.

Sheriff Carlos G. Bolanos informed San Mateo County that SMCSO Deputy David Dominguez’s Body Worn Camera was turned off at the time he fired 11 shots killing Sandra Lee Harman.

Has Sheriff Carlos G. Bolanos ever lied to the public before, Yes of course he has, Everybody and their mother knows that.

Very few Citizens have taken the time to Investigate and ask What is the TRUTH about the Homicide by Sheriff Employees of Sandra Lee Harman.

I can tell you David Eblovi is one of the few who did.

San Mateo County Residents should say Thank You, David Eblovi.

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HMB Resident doing what City Manager Bob Nesbit and Matthew Chidester Refused to do. Sue the County.

By Michael G. Stogner

I recommended the Half Moon Bay City Council, City Managers and the City Attorney sue Sheriff Carlos G. Bolanos and his attorney San Mateo County Counsel Attorney David Silberman, for their refusal to provide the AXON LOG RECORDS to the Public. They are the only two people standing in the way of releasing the AXON LOG RECORDS which are bought and paid for by the Taxpayers of San Mateo County. They also contain the data that would confirm the Government’s Story that San Mateo County Sheriff Deputy Dominguez’s Body Worn Camera was in fact turned off when he fired 11 shots at Sandra Lee Harmon on May 5, 2020 in Half Moon Bay. HMB chose not to file the lawsuit.

What do you do when the Government refuses to do their job?

The residents of San Mateo County are responsible for the behavior of their Government, Elected Officials and Appointed Staff.

San Mateo County Residents should be Thanking, David C. Eblovi of Half Moon Bay for doing what the City Government should have done.

The Lawsuit by the Resident.

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San Mateo County Sheriff Election June 2022 is going to be exciting.

Michael G. Stogner

Mark Melville has folded, he recently contacted San Mateo County News.com, to inform me that he will not be a candidate in the 2022 election. I wish him all the best, I remember when I first met him in Foster City, and I said the same thing I said to Sheriff Deputy Juan Pablo Lopez, when I first met him and he first announced he was going to run against Sheriff Greg Munks in 2014. I said “You are either very Brave or Very Naive.”

Now that that has been settled it makes room for another candidate and possibly more for the Election 2022. Candidates filing window is February 14, 2022-March 7, 2022.

At this moment there are 2 Candidates for Sheriff, both of them thought it would be great idea to Investigate the Sheriff Activities League (SAL) Embezzlement and Money Laundering Criminal Investigation. For a reasonable thinking person that would be a RED FLAG, non-starter, It would be known as a Conflict of Interest in most circles.

I look forward to see how things shake out. That leaves 7 months for the Residents to ask the questions they have for the Candidates, That is plenty of time.

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Judge Dismisses some of Sarah Gatliff’s case.

By Michael G. Stogner

Sarah Gatiff is the daughter of Sandra Lee Harmon R.I.P. who was killed by San Mateo County Sheriff Employees on May 5, 2020 in Half Moon Bay. Nothing has changed at the Sheriff’s Office since Yanira Serrano Garcia R.I.P. was killed by the San Mateo County Sheriff’s Office on June 3, 2014. In both cases a single Sheriff Deputy arrived on scene and didn’t report to dispatch they were there. Both put themselves in harms way with NO PLAN on what to do and no backup. Both cases have Evidence Tampering, and false statements by the Government.

Sarah Gatliff’s attorney has until November 16, 2021 to amend the complaint.

Case 3:21-cv-01463-VC Document 64 Filed 10/26/21 Page 1 of 3

ESTATE OF SANDRA LEE HARMON, et al.,

Plaintiffs, v.

COUNTY OF SAN MATEO, et al., Defendants.

Case No. 21-cv-01463-VC

ORDER GRANTING MOTION TO DISMISS

Re: Dkt. No. 55

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

In her first amended complaint, Sarah Gatliff brings four claims relating to the fatal police shooting of her mother, Sandra Harmon, in Half Moon Bay, California. She concedes that the complaint does not assert any causes of action against some of the defendants she named: Carlos Bolanos, Stephen Wagstaffe, James Goulart, the San Mateo County Sheriff’s Office, and the San Mateo County District Attorney’s Office. Those defendants are dismissed. The complaint also includes immaterial information relating to abandoned claims that is stricken under Federal Rule of Civil Procedure 12(f). See Dkt. No. 54, ¶¶ 5, 36, 37, 38.

The claims Gatliff brings as Harmon’s successor in interest are dismissed for lack of standing. California law requires Gatliff to file an affidavit or declaration containing specific facts to bring an action on behalf of her mother’s estate as her successor in interest. See Cal. Civ. Proc. § 377.32. Relevant here, Gatliff must state that she is Harmon’s successor in interest or is authorized to act on behalf of Harmon’s successor in interest with respect to the present action. Id. § 377.32(a)(5). But that statement must be accompanied by “facts in support,” which Gatliff’s declaration lacks. Id.; see Crosby v. County of Alameda, 2021 WL 764120, at *1 (N.D. Cal. Feb. 26, 2021). In fact, her declaration is dated two days before the purported assignment of

Case 3:21-cv-01463-VC Document 64 Filed 10/26/21 Page 2 of 3

successor-in-interest rights from Harmon’s husband so it could not possibly include facts about that assignment.

Gatliff also has not alleged sufficient facts in support of her standing to bring section 1983 claims based on the Fourteenth Amendment on her own behalf. A plaintiff’s interest in bringing those claims is based on their relationship with the decedent. Wheeler v. City of Santa Clara, 894 F.3d 1046, 1057–58 (9th Cir. 2018). A biological connection alone is not sufficient, nor are allegations of a close relationship or affection. Id. at 1058; Terry v. City of Pasadena, 2019 WL 4139257, at *5 (C.D. Cal. June 17, 2019). Instead, a plaintiff must allege “enduring relationships reflecting an assumption of parental responsibility” that “‘stem[ ] from the emotional attachments that derive from the intimacy of daily association, and from the role it plays in promoting a way of life through the instruction of children.’” Wheeler, 894 F.3d at 1058 (quoting Lehr v. Robertson, 463 U.S. 248, 256–61 (1983)). The amended complaint does not allege facts to support the conclusion that Gatliff had this sort of relationship with Harmon. It states that “Harmon was a loving mother to [Gatliff], and she was loved deeply in return” and as a result of Harmon’s death Gatliff “suffered the irreparable loss of her love, affection, society, and moral support.” Without diminishing the importance of this relationship to Gatliff, those allegations do not reflect that Harmon was involved in Gatliff’s upbringing or even that she stayed in consistent contact with Gatliff throughout her life. See id.

That leaves a state claim for wrongful death/negligence per se. Even if the claim was properly pled, the Court would decline to exercise its supplemental jurisdiction over it once the federal causes of action are dismissed. See 28 U.S.C. § 1367(c)(3). But the claim is also not properly pled. There is no “negligence per se” cause of action under California law. Waldo v. Eli Lilly & Co., 2013 WL 5554623, at *8 (E.D. Cal. Oct. 8, 2013). And if treated solely as a wrongful-death claim, at least one necessary party has not been joined. See Fed. R. Civ. P. 12(b)(7). California law treats wrongful death actions as joint and indivisible amongst the decedent’s heirs. Ruttenberg v. Ruttenberg, 62 Cal. Rptr. 2d 78, 81 (Cal. Ct. App. 1997). So each known heir is a necessary party that must be joined in the action. Id. at 82; see Fed. R. Civ. P.

2

Case 3:21-cv-01463-VC Document 64 Filed 10/26/21 Page 3 of 3

19(a)(1). Without all known heirs, complete relief is not possible, and the defendants risk being exposed to multiple or inconsistent obligations. Pavoni v. Chrysler Group LLC, 2012 WL 12883905, at *2 (C.D. Cal. Nov. 15, 2012); Estate of Burkhart v. United States, 2008 WL 4067429, at *7 (N.D. Cal. Aug. 26, 2008). Sometimes it is not feasible to join a necessary party and the action may proceed without them. Fed. R. Civ. P. 19(b). In this case, Harmon’s husband is a known heir not joined in the action. It is possible that his joinder is not feasible and the litigation may proceed anyway because he did not administratively exhaust his claim. See Cal. Gov’t Code §§ 911.2(a), 945.4; Estate of Burkhart, 2008 WL 4067429, at *7–8. But Gatliff has not made that argument.

An amended complaint is due 21 days from the date of this order. The defendants must respond within 21 days of the filing of the amended complaint.1

IT IS SO ORDERED.

Dated: October 26, 2021

______________________________________

VINCE CHHABRIA United States District Judge

1 The defendants’ request for judicial notice is denied as moot. The Court need not consider those documents to dispose of the motion.

3

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City of Half Moon Bay is rising to the Top.

By Michael G. Stogner

I’m used to people not taking my advice, I’m not an attorney, and as a Private Victim’s Advocate in SMC for the last 20 years I felt the Taxpayers/Residents of Half Moon Bay would be better served if the City Council sued San Mateo County Government in the Sandra Lee Harmon Homicide of May 5, 2020, I suggested it would look better to a Jury if they had done everything possible to get to the truth about the killing of Ms. Harmon. The Axon Log Records will provide the needed evidence. The HMB Council and their Two City Managers choose not too.

Yesterday October 26, 2021 in the United States District Court, Northern District of California,

Estate of Sandra Lee Harmon v. County of San Mateo County

The Hon. Judge Vince Chhabria DISMISSED some of the DEFENDANTS.

Carlos Bolanos, Stephen Wagstaffe, James Goulart, San Mateo County Sheriff’s Office, San Mateo County District Attorney’s Office.

That leaves: City of Half Moon Bay, Defendant
County of San Mateo, Defendant David Dominguez, Defendant John Baba, Defendant

Estate of Sandra Lee Harmon, Plaintiff
Sarah Gatliff, Plaintiff

An amended complaint is due 21 days from the date of this order.

The Defendants must respond within 21 days of the filing of the amended complaint.

Best wishes to Sarah Gatliff, the only way for change in San Mateo County is to go all the way to a JURY TRIAL.

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SMC BOS President David Canepa, Has no questions or concerns about Carlos Bolanos LYING about Sarah Gatliff’s Mothers’ Homicide.

By Michael G. Stogner

San Mateo County should know who Sarah Gatliff is, Her mother Sandra Lee Harmon R.I.P. was shot at 14 times struck 8 times and struck 3 times all fatal in the Back with hollow point bullets. Sheriff Bolanos never told the public she was fired at and struck in the back while she was UNARMED.

Supervisor President David Canepa has No questions or concerns about that. He endorses Sheriff Bolanos for Re-Election.

Sarah is in court next week October 27, 2021 at 1PM access is listed below. SMC Attorneys say a daughter has to prove standing, good guys and gals.

Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc

Court Appearances: Adva nced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, October 22nd, 2021, by no later than 10:00AM.

General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.

Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.

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Mark Simon and Jon Mays continue to re-write History.

By Michael G. Stogner

Mark Simon recently wrote an article on the Sheriff’s Race and I thank him for mentioning retired Sheriff Deputy Mark Melville as one of the 3 Candidates for the 2022 election. Mr. Melville has always said he will be running for Sheriff in 2022. In the 2018 election he received 52,997 votes. The SMDJ didn’t endorse him in 2018 which is fine but the false statement they made about Carlos G. Bolanos being OUTSIDE the entire time was simply a flat out lie. They also failed to mention that Mark Melville called Sheriff Bolanos his boss at the time a LIAR. Why would they not inform their readers of that fact.

Here are just 2 sentences from Mr. Simon’s article full of misleading information.

Some of this is due, undoubtedly, to an infamous 2007 episode in which both Bolanos and Munks were present at a Las Vegas massage parlor when it was raided by law enforcement. Bolanos’ only comment has been to insist that he did nothing wrong, and, indeed, he was never arrested or detained by police.

I’m not sure being caught and detained inside a single family residence with Human Trafficked Sex Slaves including a minor would be considered an infamous episode.

Mark and Jon promote the false and misleading title that Carlos G. Bolanos created “Massage Parlor.” LVMPD Spokesperson Bill Cassell identified it as an Illegal Brothel. Approximately 3,500 Ecstasy tabs and about $25,000 in cash was seized at the brothel.

indeed, he was never arrested or detained by police, Lets take the word arrested first, LVPMP Spokesperson Bill Cassell clearly stated “No clients, customers, johns, whatever you want to call them, were arrested,” That covers Bolanos.

Now lets take the word detained, LVMPD Spokesperson Bill Cassell clearly stated “Neither Munks nor Bolanos was arrested, but they were questioned and released along with paying customers.”

If you were not detained you would not be released.

San Mateo County has a competitive Election for Sheriff 2022 and always has had that the public is just now hearing about Mark Melville. The third Candidate is Christina Corpus.

There are so many more Important Topic’s for the Next Sheriff of San Mateo County the AXON LOG RECORDS and Body Worn Camera Videos being released to the public within 24 hours UNEDITED for starters. Ask the Candidates their position on that topic.

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Half Moon Bay Agendize the Jimenez-Rarback Report.

By Michael G. Stogner

Update: 8:08 PM June 1, 2021

The Jimenez-Rarback Report was put on the June 15, 2021 Meetings Agenda 4 yes 1 no vote,

This is a San Mateo County Issue not just a Half Moon Bay Issue. It’s rare when an Elected Official actually does the work on behalf of the residents, Here you have two Elected Officials doing what’s right for all of San Mateo County.

San Mateo County Sheriff Carlos G. Bolanos, San Mateo County Counsel David Silberman, District Attorney Steve Wagstaffe and even some Half Moon Bay Council members have said that San Mateo County Sheriff Deputy David Dominguez did not turn on his Body Worn Camera when he exited his patrol car and went to the R.V. he expected Sandra Lee Harmon to be in. By the way he went to the R.V. by himself for some reason, He knew Sandra had a Shotgun and a bottle of wine and had mentioned a Race War. He went alone with BWC turned off is the Government’s Official Story. From the first time that story was presented to the public to this day that is exactly what it is a Story Words Spoken by the Top Government Officials. There has not been one piece of Evidence to support that Story.

Just because somebody says something is true, doesn’t mean that it is. Even if it is the Sheriff.

The Axon Log Records which are paid for by the Taxpayers will prove the statement from the Government Officials is True if it is and False if it is a Lie.

The Staff for the City of Half Moon Bay have demonstrated there complete lack of interest in getting to the truth of what happened the night Sandra L. Harmon was shot in the Back three times all Fatal.

2022 Sheriff Candidate Mark Melville has stated that he will release the AXON LOG RECORDS the first day he is sworn in. Now that makes a reasonable person wonder why Bolanos & Silberman are refusing to provide them and also why the City did not sue them to make them public.

Tonights 7PM Meeting Half Moon City

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Filed under #2americas, #citizenoversight, #corruptionmatters, #ElectedOfficialsReform, #SanMateoCountyNews, #SMCJUSTICE, AXON, AXON Log Records, AXON M Dash Camera Video & Audio, Citizen Journalist, City of Half Moon Bay, David Silberman, Debbie Ruddock, Deborah Penrose, Deputy Manager Matthew Chidester, Evidence Tampering, Government Hiding the Obvious, Harvey Rarback, HMB City Manager Bob Nesbit, HMB Deputy City Manager Matthew Chidester, Joaquin Jimenez, Law Enforcement Reform, Mark Melville Candidate for SMC Sheriff 2022, Michael G. Stogner, Outrageous Government Conduct, Public Trust