Category Archives: San Mateo County Sheriff Deputy Deputy David Dominguez

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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Sarah Gatliff, Don’t Settle, Go all the way to a Jury Trial. It’s the only way to cause change in San Mateo County.

Sarah Gatliff the daughter of Sandra Lee Harmon R.I.P. who was killed by San Mateo County Sheriff’s Employees on May 5, 2020 at 845 Main Street, Half Moon Bay, California.

Sheriff Carlos G. Bolanos Candidate

San Mateo County Sheriff Carlos G. Bolanos who is a Candidate for Re-Election refuses to provide the AXON LOG RECORDS which are bought and paid for by the Public to the Public. To this day Sheriff Bolanos has refused to tell the Public Who Fired First, and Who moved the Three Shell Casings? A reasonable person would call that Evidence Tampering.

Sarah Gatliff’s Second Amended Complaint Filed November 15, 2021

Half Moon Bay Resident David Eblovi Suing San Mateo County to get to the Truth.

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Filed under # SupervisorsToSupervise, Attorney David R. Bush, HMB City Manager Bob Nesbit, HMB Deputy City Manager Matthew Chidester, John Beiers, San Mateo County Manager Mike Callagy, San Mateo County Sheriff Carlos G. Bolanos, San Mateo County Sheriff Deputy Deputy David Dominguez, San Mateo County Sheriff Deputy John Baba, Sarah Gatliff, SMCC Attorney David A. Silberman

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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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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A.G. Rob Bonta Please take a moment to Review your Office’s work on Sandra Harmon Homicide by Law Enforcement.

By Michael G. Stogner

A local Newspaper on the coast wrote an article yesterday about the Attorney Generals administrative review of the Sandra Lee. Harmon Homicide by San Mateo County Sheriff Deputies on May 5, 2020 at 845 Main Street Half Moon Bay.

The City of Half Moon Bay did not ask the A.G.’s Office for an Administrative Review.

The City of Half Moon Bay did not ask for “an abuse of discretion review.” as reported in the article.

San Mateo County News.com has requested from the City of Half Moon Bay a copy of the August 5, 2021 Letter.

In an Aug. 5 letter to Half Moon Bay’s city attorney, Deputy Attorney General Geoffrey Lauter said the attorney general’s office “conducted an abuse of discretion review” at the city’s request. State law enforcement officials reviewed the county’s investigation and found that there was not sufficient evidence for further action from the state.

Sandra Harmon was shot at 14 times and struct 8 times 3 fatal to back killed by deputies in Half Moon Bay on May 5, 2020 Deputies said they acted in self-defense and that Harmon fired first. There is No Evidence she fired first.

HMB City Letter to Attorney General requesting Independent Criminal Investigation.

Words are Important, an Independent Criminal Investigation is different from an Administrative Review. Why would anybody waste the Attorney General’s valuable time and resources requesting one. Nobody did.

Thank you, in advance for looking into this very important San Mateo County Homicide by Law Enforcement.

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City of Half Moon Bay Public Safety Subcommittee Meeting June 24th.

By Michael G. Stogner

This is the City response after tabling the Jimenez-Rarback Report last week. Three of the council members want more discussion from the public, more listening sessions. They don’t think 7 years since Yanira Serrano Garcia’s Homicide by a sole San Mateo County Sheriff Deputy with No Plan on how to handle the Non Emergency Medical 911 call by her brother Tony Serrano is enough to take corrective action. Of course it is.

The Jimenez-Harback Report called for the creation of a Chief of Police for Half Moon Bay. A position with authority that answers to the City council. That seems like a strange request since Half Moon Bay has Sheriff Captain Saul Lopez who has attended many recent Zoom meetings he is identified as the Chief of Police of Services.

Joaquin Jimenez and Harvey Rarback have discovered what many in San Mateo County Government have known for a long time. The city has absolutely No say in how Sherif Carlos G. Bolanos provides Law Enforcement/Public Safety Services.

The Sandra Lee Harmon Homicide May 5, 2020 is a perfect example. Sheriff Bolanos told the world there was a Shootout and Ms. Harmon fired first at Deputy Dominguez. Of course if that Official Statement were true nobody would blame Deputy Dominguez for returning fire causing the death of Ms. Harmon. He told his Sergeant he fired 5-6 rounds. He actually fired 11 rounds, He failed to mention he fired at her first, and also while she was unarmed with her hands above her head and her back towards him. Ms. Harmon was shot three times in the back all Fatal. He also failed to mention he did not turn on his Body Worn Camera.

The AXON LOG RECORDS keep a precise record of all devices involved in a Critical Incident, example when they were turned on/off.

Sheriff Carlos G. Bolanos and San Mateo County Counsel Attorney David Silberman are the lead opposition for making the AXON LOG RECORDS Public.

Those Records would prove the Government’s Official Statement to be true, Why won’t they release them?

The City of Half Moon Bay has requested those records and have been denied.

The Public Safety Subcommittee Meeting is set for June 24, 2021 5:00 P.M. at the Library

I recommend Half Moon Bay Invite Hon. Judge Lisa Novak, Rachel A. Quintana and Retired San Mateo County Sheriff Sergeant Michael Otte to attend a future meeting.

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Mark Melville on Releasing the Axon Log Records.

By Michael G. Stogner

Retired SMC Sheriff Deputy Mark Melville

I recommended the City Council of Half Moon Bay file a lawsuit against Sheriff Carlos G. Bolanos and San Mateo County Counsel Attorney David Silberman because they were the only two people refusing to release the Axon Log Records of the Sandra L. Harmon Homicide by Law Enforcement Incident. I informed the council that Candidate for Sheriff 2022 Mark Melville said he would. They chose not to do that for some reason.

Re: Axon Log Records Question for Sheriff Candidate


Mark D Melville <mdmelvillescg@gmail.com>To:
Michael Stogner
Fri, Nov 27 at 3:15 PM

I can assure you unequivalently, I will release said records…..There is absolutely no reason not to release the records….Transparency…!!!!  


On Fri, Nov 27, 2020 at 7:47 AM Michael Stogner <michaelgstogner@yahoo.com> wrote:


Somebody has asked me, to ask you and I think you have already answered but this is a little different.

When you are elected Sheriff of San Mateo County will you release the Axon Log Records in the Sandra L. Harmon Homicide right away.


Thank You
Michael G. Stogner
San Mateo County News.com

The Axon Log Records would confirm or prove false the Story that the Government has told the public.

SMCC Attorney David Silberman

Why wouldn’t San Mateo County County Counsel Attorney David Silberman want that released?

The Official Story is very different from the Evidence. Several High Ranking Government Officials and Staff are involved in the False Story about the Sandra L. Harmon Homicide on May 5, 2020.

From the Civil Lawsuit: SMCDA Wagstaffe “The Axon Body Worn Camera Logs had NEVER been checked to see if Deputy Dominguez had actually turned the camera on because Deputy Dominguez had been taken at his word on this issue.”

A reasonable person would expect the Sheriff, District Attorney, and County Counsel Attorney to CHECK the Axon Log Records to confirm Deputy Dominguez was telling the truth.

I know for a fact that San Mateo County District Attorney Inspector Rick Decker, asked a woman I was assisting, to take a Polygraph Test after she filed Felony Charges against her ex husband who was a San Mateo County Sheriff Deputy. She agreed and passed with flying colors.

Nobody asked San Mateo County Sheriff Deputy Dominguez to take a polygraph test when a woman with mental illness was shot in the back three times all fatal with hollow point bullets.

I found it interesting that the City of Half Moon Bay is being represented in the Civil Lawsuit by San Mateo County Counsel. The same Government Attorneys that are refusing to release the AXON LOG RECORDS. Sounds like a conflict of interest.

If you are a San Mateo County Resident and you believe the AXON LOG RECORDS should be made available to the Public, I recommend that you Vote Mark Melville for San Mateo County Sheriff 2022.

I hope Attorney General Rob Bonta is paying attention to “Those Who Matter” in San Mateo County.

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Sheriff Bolanos finally has a Plan. Now stop lying on your Press Releases, and Police Reports.

By Michael G. Stogner

Daly City Council and City Manager Shawnna Maltbie What are YOU doing? Roger Allen Homicide by DCPD.

Thank You Sheriff Carlos G. Bolanos for finally not Killing a man in San Carlos the other day. What brought your deputies to him in the first place? It seems like he knew his rights and your deputies finally did the right thing and left him alone. It’s a shame you chose not to do that before now.

Yanira Serrano Garcia R.I.P. June 3, 2014 would be alive today if you had a plan.

Chinedu V. Okobi R.I.P. October 3, 2018 would be alive today if you had a plan.

Sandra Lee Harmon R.I.P. May 5, 2020 would be alive today if you had a plan.

Sheriff”s Office Press Release

page1image448

NEWS RELEASE Incident Date and Time: April 30, 2021 @ 2:26 pm

Location: 500 block of Quarry Road, San Carlos Summary: Deputies Added ECIT Resources and Training has Positive Outcome in

Disengagement of Person in Crisis During Welfare Check.

On Friday, April 30, 2021, San Mateo County Sheriff’s Deputies responded to the 500 block of Quarry Road in San Carlos to conduct a welfare check on an individual who was reported as possibly experiencing a mental health crisis. While enroute, deputies learned the subject was also in possession of a knife. Deputies staged a safe distance away and made phone contact with several parties at the scene, including the individual’s social worker.

Deputies learned the individual did not make any threats, commit any crimes, and no one was being held against their will. The individual had no interest in speaking with his social worker
in person or with deputies on the phone. Approximately one hour after arriving on scene, deputies determined it was in everyone’s best interest that they disengage and leave the scene without forcing contact with the individual. Deputies followed-up with the individuals social worker the following day and learned the individual had stabilized and was no longer experiencing a mental health crisis.

This response highlights the San Mateo County Sheriff’s Office’s Enhanced Crisis Intervention Training program (ECIT) and how our crisis response has aligned with recent law changes (California AB-392) as well as community expectations. Unless there is imminent danger or threats to others, deputies will conduct pre-assessments, gather as much information as possible, and form a plan for de-escalation prior to attempting contact with individual in crisis.

We understand the mere presence of uniformed deputies can escalate situations, and we will utilize time and distance whenever possible to assess the best course of action for each situation. In cases like this, by modifying our response and not making immediate contact to check the welfare of an individual in crisis, we maintain the option to disengage, which in some cases, provides the individual the opportunity to self-de-escalate.

In many cases where mental illness is involved, crisis communication and verbal de-escalation can prove to be challenging because their disability may affect their ability to understand or comply with commands from deputies. For this reason, disengagement in these cases is sometimes the best de- escalation option. Deputies can then refer the case to the Sheriff’s Office Psychiatric Emergency Response Team, who will then form a plan to contact the subject at a later time if appropriate, to assess for resources.

Release Date: May 11, 2021

PUBLIC INFORMATION OFFICER • DETECTIVE ROSEMERRY BLANKSWADE • 650-363-4800 • PIO@SMCGOV.ORG400 COUNTY CENTER • REDWOOD CITY, CA 94063 • 650-599-1664 • https://www.smcsheriff.com

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SMC Voters can Kill two Birds with one stone in 2022. Bolanos and Silberman

By Michael G. Stogner

Retired Deputy Mark Melville is running for Sheriff of San Mateo County in 2022.

San Mateo County Voters can elect Mark Melville as Sheriff in 2022 and several things will change for the better the first day he is in office. These two gentleman will be removed from involvement of the Sheriff’s Office.

He has promised to release the Axon Log Records involving the May 5, 2020 Homicide by Law Enforcement of Sandra Lee Harmon. Currently there is only one person who is obstructing those records being made public. That person is San Mateo Counsel Attorney David Silberman. Why are those records important, Sheriff Carlos G. Bolanos told the world that Sheriff Deputy David Dominguez did Not turn on his Body Worn Camera, He is the Deputy who fired 11 shots at Ms. Harmon including while she was unarmed with her hands above her head with her back towards the deputy. Ms. Harmon received 3 FATAL SHOTS to her back. Has Sheriff Carlos Bolanos ever lied to the residents of San Mateo County before of course he has too many times to mention here. The release of the Axon Log Records would VERIFY Sheriff Bolanos’ statement “Sheriff Deputy David Dominguez did Not turn on his Body Worn Camera” Who would object to that except David Silberman, Why?

I recently asked Candidate Mark Melville for San Mateo County Sheriff 2022, When he is elected Sheriff will he be replacing David Silberman as the attorney for the Sheriff’s Office? His short answer was Absolutely.

Michael,
My short answer to your question is, absolutely.  I know County Counsel is in place to “Protect” the County.  I don’t believe the Sheriff’s Office is being well represented by Mr. Silberman.  But then again, I have no idea what information he is being fed by Sheriff Bolanos.  I believe in 100% transparency.  If you are telling the truth, there is nothing to hide. You owe it to all the constituents of the County to properly identify the situation / incident and you tell everyone what it is you are going to do to rectify it.  And, I might add you do it in a timely manner..!!
Mark——  

I can not think of a more impactful vote then the next Election for Sheriff of San Mateo County 2022.

You put in one good human being at the top and everything changes. Imagine that.

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What was SMC Sheriff Deputy David Dominguez’s Discipline?

By Michael G. Stogner

What did Half Moon Bay City Manager Bob Nesbit and Deputy City Manager Matthew Chidester and SMCSO Chief Saul Lopez do to make sure the Official Government Statement from Sheriff Carlos G. Bolanos his Public Information Officer Rosemary Blankswade, Lieutenant Stephanie Josephson and District Attorney Steve Wagstaffe “Sheriff Deputy David Dominguez did Not turn on his Body Worn Camera,” was in fact a TRUE Statement?

The sad answer is very little. The question is Why? Why aren’t they as interested as Concerned Citizens?

It’s really SIMPLE, the AXON LOG RECORDS will verify the Government’s official statement. Who is obstructing the release of the AXON LOG RECORDS? Answer San Mateo County Counsel Attorney David Silberman. Why?

SMCCC Attorney David Silberman

Updated Sheriff Office News Release

No mention of the Policy BWC Violation, The Governments claim that the Body Worn Camera was not turned on.

“Harmon fired at the first deputy on the scene.” What evidence is there to verify this statement?

Sheriff Carlos G. Bolanos Video

Below the Video created by Sheriff Carlos G. Bolanos that was made public 41 days after the Homicide of Sandra Lee Harmon this False statement is made, The incident involved a woman, armed with a shotgun, who fired at a deputy. When did she fire? Where was she when this occurred? How many shots did she fire?

There is no mention of the Three Fatal Shots into Sandra’s back, the fact that she was shot at while unarmed and hands were above her head while her back was facing Deputy Dominguez, or the fact that Three shell casings were moved to support the governments official story.

A reasonable person would know that those are important facts the public should have been told by Sheriff Bolanos.

“Our goal in releasing these videos, while still early in the investigation, is to provide our community with as much information as possible when we have a tragic incident such as this,” Bolanos said.

Is that a true/honest statement? Remember the Video was released 41 days after Sandra L. Harmon was killed.

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