Sunday, July 31, 2016

Empty Words: I Didn't Mean to Hurt You

     When someone does something to hurt another person and they say "I never meant to hurt you." I wonder why they even bother saying that. Most of the time you hear it when one person cheats on another. I do not understand what runs through people's minds.

     To me if someone is cheating they are taking a chance on hurting the person they are cheating on. I mean come on now, do they really think once the other person finds out they will not be hurt? Do they think the other person will say 'Oh well, it is ok, I'm fine. I am not hurt that you betrayed my trust in you, you betrayed what we had and you betrayed me." Then they smile and say "I'm good, it's all cool, you can keep on cheating and I'll be ok with it" Seriously do these people think that is what the person they cheated on will say? Are they that self absorbed?

    When I hear someone say "I didn't mean to hurt you." I only hear them saying empty words to make themselves feel better. They don't care one bit about the person they hurt If they did they would not have cheated.

      Don't get me wrong, I am not talking about the person who makes a mistake and maybe cheats one time. I am talking about the habitual cheater. That person is not sorry and that person did mean to hurt the other or that person would not have cheated in the first place.

Saturday, July 30, 2016

Struggle Finding the Right Person to Care About Our Constitution

     I wanted to update everyone on my sons case. If you do not know the story please check the link below. I didn't want those who know the story to have to read it again so I started this new post.

     We sent a letter to the Civil Liberties Department and their response is that they also do not handle this type of case. They suggest we find a private attorney. Well that has proved fruitless too as all of the lawyers I have spoken to tell us that they can't help because my son did not die. They say there are no real damages. I guess the fear of death while you are stuck in a jail cell for doing nothing wrong is not enough suffering, being made a prisoner in your own town for 4 months for doing nothing wrong is not enough. Having your constitutional rights violated because you slid off into a ditch after a snow storm and used your inhaler is not enough.

     I am still trying to find an attorney or someone who cares enough about our constitution, about our rights as citizens of this great country. The way Cortez Colorado handled this situation takes us bad so many years, it takes us back to the days of lynch mobs and killing just because you want to.

     I was told by one lawyer that we would have a case had my son died, if he had died then I would have people contacting me to sue. Well this is not just about money, and honestly all we want back is the money we are out for the court fees, bail, lawyer and pre trial sentencing costs. The reality is that my son so easily could have died. Someone having an asthma attack can die in minutes if denied their medicine. The jail knew he was having an attack, they withheld his medicine and medical treatment for 5 hours. That is a long time to sit in a cell thinking you might die, begging for the people to just give you medicine so you can breathe. Just so you can breathe! Why should it take them killing someone before people care? Don't get me wrong, I know that many people do care, in this instance I am talking about those who have the power to make changes.

     I won't give up on this, I won't stop looking for someone to take this case on because I have watched my son struggle to breathe, I have watched him almost die because he could not get his breath. It is a horrid thing to watch, and in my mind I can see him in that jail struggling to breathe, feeling like this straw is in his throat and it is being pinched together tighter and tighter. Begging someone to get him help, begging someone to just let him breathe. All he wanted to do was breathe, it is something most people take for granted, you just do it. To have someone deny you that right is wrong. But what is even more wrong is that unless you die, no one cares.

     I also won't give up on this because somewhere there has to be someone who cares that there are counties where people are sentenced before they are found guilty. This could happen to anyone, you do not have to be guilty to be arrested. I hope that someone, somewhere will care about our rights before they are all ripped from us.

#constitution #viilation

Thursday, July 28, 2016

Defacing Property Protest: Do Something Constructive, Not Destructive


     Recently some people with the Southwest Center for Independence spray painted a picture of a person falling out of a wheel chair and wrote "No Access" in front of businesses in Cortez, Colorado. They called this a staged protest, but I call it defacing public and private property which translates to vandalism regardless of your cause.  I was upset that these people did not go to the property owners first and speak to them asking why their businesses do not have wheel chair access, I was upset that they called this type of behavior a protest and I was even more upset that they were allowed to get away with this type of behavior. To note, I called the ADA and was told they would not suggest anyone deface public property.

     In my opinion this only makes people angry, this type of behavior incites violence and anger in others. When I read about it I was instantly angry at those who did this and my sympathy for their cause was set aside. Actually at first I didn't care what their cause was, this was wrong. Then I read the article only to discover that the businesses, at least some of them had not been notified by the group, had not been told that the group had an issue. The group just vandalized their property.

     The group did not know that at least one of the businesses had tried to put in a wheel chair access but it was not possible so they are exempt. The people from Southwest Center should have went to the business owners, then if they did not find satisfaction, paint signs and stand in front of the buildings if they wish, or write an article about it for the paper. Do something constructive. Not vandalize these people's property for their cause. Those who might have been sympathetic will only fee anger now.

     I will fight for anyone right to protest an issue, I will even fight for those who I believe are wrong to express themselves, as long as they do it within the guidelines of the US Constitution. That right does not say you can deface property. This protest was disrespectful and wrong. It prompted a lot of anger in many people and a lot of name calling. Nothing positive came from this, it only caused more distress between people and well folks we have enough hate right now, why add more to it.

     I would also like to add that I have been in The Farm, the business that is exempt, and there are three steps into the building that could easily be maneuvered by a wheel chair if a person really wants to eat there. My son has a friend in a wheel chair and he does not let his chair stop him, if he wants to go somewhere and there are stairs, he goes. If he can't go up the stairs he has a friend push him. Granted businesses need to provide access when they can but some of the older businesses just don't have that ability due to the location and type of building.

     I hope the people who did this apologize to the businesses and if there is a way to get access to these places, help them find that way. Do something constructive, not destructive.

      I am also baffled that the people doing this did not get in trouble. If teenagers had painted or chalked things on the sidewalk they would have been charged with vandalism. What makes this any different?

     I am not against the cause, but I am against the way this was handled.

Saturday, July 23, 2016

Dissapointnemt in Disney: Tower of Terror Becomes Guardians of Galaxy

    I had heard rumors several months about that Tower of Terror in Disney's California Adventure Park was going to change to Guardians of the Galaxy but did not think Disney would be that stupid or cheesy. I even called Disney and asked and they said it would't happen in the near future if it was going to happen. Well, sadly today they announced that it is happening. Tower of Terror will now be Guardian of the Galaxy. Words can't even begin to express how angry and upset this makes me.

      I have not seen Guardians of the Galaxy because I am sick of superhero movies. Yes Batman was good and Superman too. Antman was funny but they do not belong at Disneyland. DC comics are cheap and cheesy looking. I just cannot believe Disney would do something like this to a popular attraction.

     Of course we are all creatures of habit and sometimes change is difficult. But sometimes there are changes that are unbelievable and upsetting.

    When Disney decided to get rid of Golden Dreams I was sad, we loved that attraction but Little Mermaid is Disney and Golden Dreams hadn't been all that popular. So we accepted that and find that we love Little Mermaid.  Country Bear Jamboree was another attraction we were sad to see leave and we still miss it but at least they replaced it with Many Adventures of Pooh, which is Disney.

     Tower of Terror is a popular ride. People absolutely love it. Part of the charm is the theme. With the new attraction you will have to look at a bunch of creepy characters in boxes and follow an animal thing around.  Not for me!

     The Imagineers are losing their magic and their charm. I do not think Walt would like this at all. It does not have a magical feel. The entire DK thing just feels more like Universal Studios and well, we don't like it there. We don't go there. We go to Disney for Disney things.  Before we know it they will change Haunted Mansion into a Batman vs.Superman attraction and Splash Mountain will become something Avengers themed.

     Maybe Disney wants to run people off. They want to thin the crowds. Well if they keep adding crappy things like this they will succeed. While watching the video for the making of the new attraction it felt like everything Lillian Disney did not want for Disneyland or any of Walt's parks. It felt cheap and seedy. The idea of Marvel as any part of the Disney parks is cheap and seedy to me. Why don't they just open up a Marvel Land park of its own somewhere else and leave Disneyland and Disney's California Adventure Park alone.

I just heard of this petition that people can sign too....

+disneyland +Disney +cheap +theme parks +marve

Birthday Meals Keeping it Light

     I have been posting a lot of deep stuff lately. I decided it was time to just write something fun, to keep it light.
      When my boys were young I always made them a special birthday meal. They each got to pick what they wanted to eat that day or as they got older and we were busy on their birthday's we picked a night and they got their birthday meal then. As the years have gone by my youngest no longer has a favorite meal he wants me to make for him but my oldest has wanted the same thing for several years.

     I can't remember all of the meals my sons wanted but I do recall one of them wanted hot dogs with mashed potatoes on them for his meal one year. Then another year one of them wanted beans and wieners. The meals that stick out in my mind most though are enchiladas
and egg rolls.

     My oldest son has asked for egg rolls since he was around 15 years old. They are a lot of work but I always made them for him until the last couple of years. I just did not get to it. So this year 6 months after his birthday I finally made egg rolls for my son.

     They are very good and I hope he enjoys them.

Justice for Taylin: Re-unite Her With Her Family

     Last spring my cousin had her daughter taken from her. She was abducted from school. The people got her out of the state so now my cousin has to go to court to get her back. She seriously needs a lawyer to help get her daughter back.  I set up a Go Fund me for my cousin and hope that my blogging friends share so that this poor little girl can come home.

     I won't write much in this blog because the Go Fund Me explains it all. Please ask questions here if you need to though.

     Thank-you in advance for any help you can give. If you can't help with money please do keep them in your prayers.

I also ask you to share, share, share the Go Fund Me page.

Small Town Mentality Destroying the United States Constitution

     Recently I posted my blog about the county I live in stomping on the United States Constitution. I posted it on a social media site in the area where I live, the area where this incident took place Cortez, Colorado. I received a lot of comments that were well thought out and supportive and then I received many which were judgmental and not so well thought out. Don't get me wrong, if someone disagrees or asks questions about something I do not deem that judgmental, it is when they out and out call you a liar I call them judgmental and rude. I also found that many in my area believe it is ok to violate the United States Constitution. They support the violations of the county and expressed that support. That made me sad and it made me see that type of "good ole' boy" thinking is what is destroying our country and it is also what is wrong with small towns and why they get away with whatever they want because the people are for it as long as it fits their idea of right.  I was also accused of bashing police officers and told that the post I had written was bashing officers. that accusation is so far from true.

     First I will address those who were rude, these people kept calling me a liar. They said things like "there's more to the story than she is telling." Well they are wrong, the story is pretty much told as it is. I did leave out the name of the morons (yes I call them that because well, that is how I see them) who called the police to begin with. I didn't post the police report but other than that it is what it is.But I did not post the story to give every small detail. I posted it to show how small town America is stomping on the constitution....

     The people in my town did not want to see that, they only read what they wanted to read. My son slid off of a narrow  road with an icy shoulder and got stuck in snow. Had it been summer he would have just went up the bank and out of the ditch. The police were only involved because that moron was mad that my son did not let him call a second tow truck. My son told the man he had one coming but the man called the police anyhow. The officer did not tell my son to get into his car, he did not accuse him of anything until after my son had been in his car for more than 10 minutes and used his inhaler while in the car. Officer smelled the alcohol, had my son do a breath test and he blew high. The people reading the article kept saying I was lying. They did not read the entire post.

     I will now address the issue of the post bashing the police. It did not in any way, shape or form bash law officers. We still are not mad at the police over this, not all of them. Yes maybe at the state patrol officer who arrested my son but not because he took him in. I suppose he did what he felt was right and might have used bad judgement. He is human. He should have waited a few minutes after my son used his inhaler to give the breath test. But he didn't. The main thing that really made us mad is that he still booked my son after he blew zero at the jail. We are not even mad at the officer because he denied my son a lawyer, he was going on what he has been told to do, even thought it is clearly a U.S. constitutional violation, the state of Colorado does try to say that you are not allowed an attorney if you are arrested for any kind of vehicular offense. At least that is what the Drivers License Bureau told me. However I had several attorneys say that can be fought and won in court and is a great defense in a DUI case. However back to the police officer in this incident, even though we don't feel he did right, we don't blame all officers and want to bash them because of that which is what some people were saying.

     The comments that got to me most of all were those who upheld the pre-trial drug sentencing. One lady gave a link to the article regarding when Clinton put this all into effect and wanted me to read it. Well, I don't care what Clinton did or wanted to do, the United States Constitution says you are innocent until proven guilty and pre-trail testing is a violation of that right. It violates a persons right to freedom and I found it sad that some people fight for the right to do this.

      Those who were being judgmental did not even care that my son could have died while in jail when they refused his medicine to him while he was having an asthma attack. They didn't care. That is the saddest part of it all in my mind.

      All of these things make me sad actually. It is sad that small town America has this type of mentality, I don't even think they would have cared had my son died in the jail. They would have still upheld the system.  I bet they won't be so narrow minded though when it happens to their loved one.

     I hope somehow that by spreading this story someone cares that the Constitution is violated in small town Colorado and steps in to make changes. We have tried but we can't afford to fix things. All we can do is tell the story and hope the right person cares and tries to make changes.

    Here is a link to the blog that made the community I live in so mad. ( I was going to call it my community but it isn't really. I live here but do not identify with the people who enjoy seeing our constitution violated)

Wednesday, July 20, 2016

Stomping on the US Constitution: Constitutional Injustice in Montezuma County-Cortez Colorado

        I have waited patiently for several months to tell this story. First, I waited because I did not want the courts to violate my son’s rights as a citizen of the United States any more than they already had by my telling of this story. This is a long story that could have had a much more catastrophic ending had my son not been involved in theater and known relaxation techniques. Yes, you will learn more about that as the story unfolds. I will be submitting a shorter version to any news media that will publish this. I am also reaching out to all other media forums hoping this story will spread. Even if we don't recover any of the damages it is an injustice that must stop. These small towns do not have the right to stomp on the constitution like Montezuma County has.  I am angry, very angry as any mother would be.

            We had planned a civil suit against Montezuma County in Cortez Colorado
, but since my son did not die when they violated his right to necessary medicine, we have no damages. However, there are financial damages and constitutional violations. There’s an abundance of those actually, so my hope is that someone out there hears this story and helps us pursue the case against the county for multiple constitutional violations. This entire case has set the country back fifty years. It is something you just do not think will happen in our free country of the United States in today’s day and age, but here in Montezuma County it does. Here in Montezuma County they do not have to abide by the constitution I guess. They can do what they want and get away with it. They almost actually got away with what I would have called murder.

            It is also very hard to teach your children that the justice system is fair and works when things like this happen. I will state that I have many friends and relatives in law enforcement and I completely trust them. Actually some of them have even told me what Montezuma County has done was wrong.

          My son has had a hard time with trusting the police after this incident. He knows that the ones he knows personally  are good but the rest, well, aren’t so much.  As for trusting the justice system, we have both determined that something has to change and we do not trust the system in Montezuma County or the Montezuma County Jail.

            I always told my kids that the only way they will get into trouble with the law while obeying the law themselves is to be in the company of people who disobey the law. After you read this story you will see that thought is completely out the window. You can be completely innocent and still “raped” by the judicial system.

            This could happen to you. It could happen to your child-so please pay close attention to some of the events and be aware of your rights as a citizen of the United States of America. My son did not know his rights at the time. He thought he had to do what a police officer said no matter what. He trusted the officer and had no clue things would unfold as they did.

            On the afternoon of January 13, 2016 my son Kyle had gone to rehearsal because he was in the school play. He was there from 4-6 PM. Then he came home, we ate dinner and played Chinese checkers. Around 10:00 PM he told me he was going to get gas. He also likes to drive around and listen to music which is normal. He took the long way to get gas and turned right on to County Road G from Oak Street. This was a few days after the big snowstorm we had here in Cortez. The shoulder of the road was still snow packed at the time.

            The following are the statements Kyle and I made after I picked him up from jail while it was all fresh in our minds.

Wed January 13, 2016

Kyle’s Statement:

      My mom and I ate dinner, and then we played Chinese checkers until around 9:30. I told my mom I was going to go fill up my car. That was around 10 I think. I decided to go for a drive and drove down Oak Street to G and then was going to go to the highway, to Handymart and home. However, not long after I turned off on road G my tires started sliding and I lost control. I went into the bar ditch. I was not speeding so I just kind of drove off into the ditch. I could not get my brakes to work and could not get my steering wheel to turn. It all happened so fast that I just do not know exactly what happened other than it felt like I hit ice and lost control.

     I called my mom and told her I was in the ditch stuck in 3 feet of snow. My mom said she would call the insurance company to call for a tow truck. She called me later telling me she had called them and was on her way to pick me up until they called to say they were on the way.

      A state patrol officer arrived, when I saw his lights I was somewhat glad because I thought maybe he could help. He told me to get into his car where it was warm. When I stepped out of my car the officer asked if I had been drinking or using drugs, he said he did not smell anything and he did not think I was under the influence but he had to ask. I told him no, I had not been drinking and had not used drugs.

      I got into the officers car, and we sat there while he ran my license and insurance. It was about 5 to 10 minutes. Long enough for him to run them. Then my mom arrived and he got out of the car to go talk to her.

      Before the officer got back in the car, I took a puff of my Pro- air inhaler. When he got back in the car he said he smelled alcohol and asked if I would be willing to take a breath test. I said ok but it will not read right because my inhaler has alcohol and they throw off the breathalyzers. I also told him that the inhaler smells of alcohol. I took the test and blew .084 He asked me if I had anything to drink at all during the day and made it sound like I would not be arrested if I said yes so I lied and told him I had something earlier in the day. He asked how much and I told him a drink about 5 hours before. I hadn't had anything to drink though but just wanted to go home.

     Then he told me to get out of the car and take roadside sobriety tests. He never gave me a choice, he told me to do them. It was very cold outside, the temperature in his car read -3 at one point. It was around 10:45 when I started the test. I did several of them then he had me get back into the car. Then he had me get out again to perform more. It was as if he was making me take more and more so I could fail one. I was scared to death, I have anxiety attacks and was having a panic attack, plus I was shaking like crazy due to the cold. Then he put me back in the car and said to sit down for a bit. The he pulled me out of the car and told me based on the test he was going to arrest me for DUI. He cuffed me and put me back into the car without reading me my rights. He never read me my rights.

     He asked me what medicines I take and I told him that I am on several, I named them and one is Zanax but I told him I don’t take them anymore.

     He went over to talk to my mom and then she came over to the car. My mom stopped and talked to me and I asked her to come to the jail to get me. She said she would. She said something to the officer about the inhaler and he handed it to her, she sprayed it near his face and told him it smells like alcohol. I asked for a puff of it and he let me have two. That was the last time I was able to use my inhaler. This was around 11:30 PM

     We sat and waited for the tow truck for a while and he told me I needed to take a chemical test and if I refused then he said “you will lose your license and we will take your car.” I told him I demanded an attorney. I told him I wanted a lawyer and was not going to do or say anything else until I saw a lawyer. He told me that I cannot have a lawyer. As I was sitting in the car I thought of my responsibilities, school, my play and so I agreed to a test because I knew I would pass it. I asked for the blood test because of what the first breath test blew and I knew it was wrong so I did not want to take another one that would be wrong.

     The officer told me the breath test is immediate but blood would take a while, but the officer made it sound like I could go home and not be booked if I agreed to the test and blew zero at the jail. I was concerned that the breath tests would be wrong again and just wanted to go home. The officer told me I could go home as soon as I blew zero at the jail. I figured the blood test would only take a day or two. I did say repeatedly that I wanted a lawyer. (I don’t know any of this and needed one to protect my rights as a citizen of the United States) we left the scene around 12:00 and went to the hospital for the blood test. While there the nurse drew the blood and put a label on it, it was not flipped over or mixed at all. That took just a little bit of time, then we went to the police station around 12:30 AM January 14, 2016, and sat there maybe 5 or 10 minutes and then they took a picture of me, patted me down, and took a breath test. I blew zero. I kept asking when I could go all this time and still demanding a lawyer.

     When I blew zero the officer said that was weird, he said, “It shouldn’t have left your system that fast.” He filled out the report, told me he charged me with open container and careless driving. He had told me earlier that he most likely would not give me a ticket for going into the ditch. The new charges were as if he was just trying to add things to this weak case. He gave me a copy and left.

     Many times when I asked for a lawyer he would tell me that it doesn’t work that way. This was after he cuffed me and DID NOT read me my rights.

     The jailer processed me and I asked several times if I could make a phone call, I had given up on the attorney at this point. The jailer said I could not make a phone call. Then I asked for my inhaler a couple of times and he told me he couldn’t give it to me because the proper labeling and prescription was not with it (the box it came in and prescription) who carries that stuff around? The inhaler does have ingredients and labeling on the medicine cartridge itself. The jailer said he would ask the Sgt though. Then he put me in a cell for an hour. At one point, I knocked on the door and asked when I could make a phone call and if I could have my inhaler. He said the Sgt said no but he would ask again. He pulled me out to fingerprint me and I asked for my inhaler again. I told him I could not breathe. He said he was sorry but he couldn’t give it to me. I told him I wanted to go to the hospital then and he said I’d have to have $1000.00 to pay, I told him I have insurance and he said it does not cover if you are incarcerated. He also said he would ask the Sgt because they will only take me if they think I need to go.

     He put me back in the cell. I asked for a phone call again and he said no. I waited there for 3 hours. .During this time I would knock on the door asking for my inhaler but was never allowed to have it. For a part of that time I seriously thought I might die because I could not breathe. I have never been denied my medicine when I have asthma attacks. I was scared to death and panicking because I am also claustrophobic. I finally lay down on the mat they give you to lay on the cold hard floor and lay very still telling myself to relax.  I used the relaxation techniques my theater teacher taught me which I believe saved my life.I still struggled to breathe but it helped some. I was in the jail cell where they denied me my life saving medicine from 12:30 AM to 5:30 AM. I still never got my phone call or my lawyer.

     I was released Thursday at 5:30 AM January 14, 2016. My mom had to get a bail bondsman to bail me out. I was starting to wonder if I was every going to get out because they would not let me use the phone to call.

     Since this arrest I have learned a lot about my rights and the officer never told me if I had agreed to a breath test and it blew zero when we got there I would not have been charged, he did not tell me that I would be charged no matter what if I take the blood test because it is not immediate. I knew I was not drunk and figured if their machine worked right, I would go home. This was why I wanted and demanded a lawyer many times before AND AFTER I was arrested. I wanted someone there to protect my rights and my life.

Kim’s (mom) Side

     Kyle and I ate dinner and played Chinese checkers, 3 games. Then around 10, he said he was going to get gas. It was not even 15 minutes until he called and told me he had hit ice and run off into a ditch. So I told him I would call the insurance and get the tow arranged, and then I would come get him. I wanted to get all of that rolling. Once I got it arranged I called to tell him I was on my way.

     When I got to Kyle and his car, I saw the police lights and was glad there was an officer there. Then I would not have to worry about things. The tow company had just called to say they were on their way too.

     The officer walked up to my car and I asked where Kyle was. He told me in his car keeping warm. We looked at the car and talked about how stuck it was. Then I said something to the effect that Kyle could come wait with me. He told me that he needed to wait around to see if there were any damages to Kyle’s car. I asked him if Kyle was going to get a ticket and he told me that depended on if the car had damages or not. I told him it is all beat up and old and he said he would see if there were any new damages. He said if there are then he will call it an accident and had to issue a ticket. He told me to get back into my car.

     I watched his car and all the sudden he had Kyle out doing roadside sobriety tests. I was surprised because he was not drunk and had not been drinking at the house. My first thought was his inhaler and how I tell him he smells like booze even when we are in the car and I know he has just used it. It smells like alcohol for a while after he uses it. I also was wondering how in the heck he could pass a test in that freezing weather and add to that his anxiety. As for the weather, I was shaking violently while I was talking to the officer.

     The tow truck came and I talked to them. Then I saw them cuff Kyle and the officer came over to me and told me Kyle blew .082 and he was taking him in for DUI because of that and he failed some of the tests. I made a comment about how I could not pass them in the cold. I went with him to the car to get Kyle’s things and talked to Kyle. While we were at the back of the car I saw Kyle’s inhaler and squirted it in the officer’s face to show him how it smells like booze, he did not comment. Then I went to talk to Kyle and he asked me to get him at the jail. I said I would. Then he asked for a puff of the inhaler and also said the cuffs were too tight and asked if they could be loosened. I went back to my car because I was shaking violently from the cold again and never saw if they loosened his cuffs.

     The officer and tow driver told me they would have to impound Kyle’s car. I told them that I work out of town and asked if they could just bring it to my house. They decided to bring it to my house. I never saw the officer look in the car.

     The tow driver needed me to move because two of them had to get Kyle’s car out because of how it was stuck. It was on an incline and they did not want to tip it over. So I moved behind the cop cars. (Another officer had shown up at some point) The arresting officer came to my car around 12 and told me he was going to take Kyle to get a blood test. He said he finally convinced Kyle that was what he needed to do or something like that. I asked how long it would take and he said it would all take about 40 minutes and then I could pick him up at the jail.

     He got back into his car and I never saw him get out again. He left about 10 min later.

     I waited for the tow truck to get the car out. The other officer said he needed to stick around to see if the car was damaged. So once it was on the tow truck I went home and they brought it home. I looked it over in the dark and could see no new scratches. The tow driver said there were some but with all the mud I do not know how they could tell. (I looked the next day and there are no new scratches on the car.)

     Once the car was at the house I went to the jail. This was around 12:40 AM Jan 14. The jailer did not even know who Kyle was and told me once they get him there it may take an hour or more to book him because if he gets busy he has to do something else. So, I went home and called in 40 minutes. Kyle was there but they said they hadn’t booked him yet. He was in a holding cell waiting to be processed. I asked if he could have Kyle call me when that was done and he told me that he can’t tell Kyle to call me but if Kyle asks to make a call he can call me. So I waited for 40 more minutes and they said it would be around 30 minutes so I said I would just come there then.

     I arrived at the jail around 3 AM and the jailer said it would be $1,000.00 bail. I about fainted. He gave me a list of bail bondsmen numbers. I called them until I reached one. The bail bondsman said he had to be blowing zero before they would release him so I needed to find out if he was. When I asked, the man who answered the intercom said he blew zero when he got there. So I asked why he was even booked and he said that is not his call. I went to get money and the bondsman had the paper work started. He finally got there at 4 AM and this all took until around 5:30.

     They handed me Kyle’s inhaler and gave him his driver’s license. The officer did not take Kyle’s license.

     We had to pay $150.00 for bail and $40.00 court fees.

     On Friday the 15th of January Kyle went to a pre-trial hearing and was sentenced to random drug and alcohol tests as a part of the pre-trial process. This is all before he has been convicted of anything. It was even before he went to court to plead innocent. This is a complete violation of his constitutional rights.

     Kyle said the jail was horrible, they have mats on the cold floor, they have a toilet that does not work and it is cold and awful. It was a very terrifying experience for him. He also had to be searched completely before putting on the jail clothes.

     On January 16 Saturday Kyle had to go in to drug test. It was humiliating and horrible. He had to undress completely. This is all for someone who has not yet been proven guilty of a crime. This is a complete violation of rights. The drug and alcohol tests are usually a part of a sentence once you are found guilty. This is saying he is guilty and has to prove his innocence, which is a complete violation of his rights as a citizen of the United States.

    The careless driving is bogus because he hit ice. The officer said there was no ice but I drove the road the night of Jan 15 to see and I saw a small area that could be black ice late at night. It was a wet area during the day. If you were to hit it just right it could send you out of control. I took a picture for proof. Also, the snow was way over the shoulder and Kyle tends to drive close to the shoulder to be safe on the narrow roads. He might have hit an icy patch there and was sent into the ditch. His car was not damaged at all. The police report even stated that there were no new damages to his car.

    The open container is bogus because Kyle came home and saw no alcohol container in his car. It was full of root beer bottles, soda cans and those raspberry lemonade cans as well as Monster drinks. No alcoholic containers. The officer also had no proof, no pictures and no cans etc.

     Kyle asked for an attorney several times before and after his arrest. He consented to the blood test because he was coerced, the officer threatened him and he was scared. If he had a lawyer, he would have known what to do. He would have taken his chances on the breath test again because he would not have used his inhaler for a while.

     He was never given a phone call and was denied his inhaler, which is a life or death thing. He could die if he can’t breathe and the jail had no right to deny him the medicine he needs to sustain his breath and survive. The outcome could have ended differently. I could have gone to the jail to pick him up only to find he died in the cell. They would not have even known until I came to pick him up because they never checked on him, the only way they even knew he couldn’t breathe was when he begged for his inhaler.

     His rights were again violated in court when the judge passed sentence on him by ordering the drug and alcohol testing before he is found guilty. He now has to stay around town, has to be a prisoner to the phone and call in which is a violation of his constitutional rights. All he did wrong was use his inhaler and hit an icy patch sending him into a ditch.

     This entire experience has traumatized Kyle. Being arrested, taking the sobriety tests, not being able to make a call, being denied life sustaining medicine and being humiliated by taking his clothes off for a drug and alcohol urine test before he has even been proven guilty.

     His rights were also violated because he can’t leave town when he wants to and is a prisoner to the drug test. He also has to take his pants off and pee in front of someone for the drug test. That is a violation of his right to privacy when he has done nothing wrong. They also expect him to pay for the drug tests, which is another violation of his constitutional rights. Montezuma County completely stripped Kyle of his rights.

February 23, 2016

Mom’s statement

     Kyle went to court to set a date for a trial but when he went before the judge she said that he had not called in to the pre-trial testing twice, once on Feb 13 and the other time on Feb 16. He told her that his phone has been acting up and his lawyer attested to that fact because she had trouble getting in touch with him but the judge said send him to jail and said the bond is 1500.00. They took Kyle to jail, I bailed him out. Then he told me that he only missed calling on one time and it was a Tuesday so he didn’t worry about it because they never have him come in on Tuesday and the other time, the 16th he called in and went in and tested but the testing facility failed to let the courts know. He has not paid the court for these “services” either so we wonder if that might be why he was sent to jail.

     The main rub in all of this is that he did nothing wrong, he has not been found guilty of anything so should not be going to the drug tests. He is being treated like a criminal before he has been found guilty. The court is for sure not allowing him his right of being innocent before proven guilty. They already convicted and sentenced him before he even went to trial.

     Kyle‘s court date is not until April 18. Until then he will have to succumb to the pre-trial punishment and is actually be treated like a prisoner in his own town or the judge will order his arrest.

     Kyle’s insurance pays for the pre-trial testing however when the compliance center loses or spills his specimen they not only charge the insurance company but Kyle had to pay out of pocket to be tested again or go to jail for non-compliance.

     One more note about the judge is that she belittled Kyle and called him a “threat to society because he was drinking and driving carelessly” but then added allegedly after that statement, all before he has been found guilty of anything. He had not even entered a plea at that time. She publicly humiliated him.

July 2016

     We have learned a lot about the justice system in Montezuma County since this entire incident. First of all we learned that you are guilty and treated like a criminal before you even go to trial in Montezuma County. You do not have the right to a lawyer in Montezuma County even though you ask several times for one.

     We also learned if you ever go off the road, you do not have to get into a police car. You also do not have to say anything to the officer, all you are required by law to do is give him your license and registration and let him or her know respectfully that you do not wish to speak. Now in Montezuma County they might still take you in because the constitution does not apply here.

     This entire nightmare went on until May 17, 2016. Kyle was offered a deal by the DA in early March, he was told if he would take a Victim Panel class and a Defensive Driving class they would drop all charges. So he paid for and took the classes because his lawyer said it would be cheaper than going to trial which he would most likely win but it would be expensive. He took the classes in early March but had to remain on the Pre-trail sentencing until May 17, 2016 when the DA dismissed the DUI and Careless driving charges. The judge fought it all so they put the open container on diversion. Mind you the officer had no evidence and did not take pictures so there is no proof of any open container.

     The officer did not suspect Kyle of drinking until after he used his inhaler, in other states the officer is supposed to wait 20 minutes after someone has eaten or placed anything in their mouth to issue a breath test. The officer did not wait. Had he waited Kyle might not have blown high. Actually he would have most likely blown zero in 20 minutes. Once he took Kyle to the jail and he blew zero the officer should have let him go. The officer omitted that portion of the night from his police report which would have possibly prevented the pre-trial sentencing.

    The way the blood was handled was improper as well. The officer put it in his warm car, drove around with it for 4 hours and then dropped it in a night drop at the post office. This would have all been used as a defense however since the DA dropped the charges, it was not an issue. We believe the DA knew he had nothing to go on so that is why he dropped the charges. However he should have taken Kyle off drug test sentencing when he took the classes.

     After reading the police report we found that the officer stated he noticed a “strange alcohol smell” after getting back into the vehicle. We also discovered that the officer was called by a local man and woman who had stopped to check on Kyle as they drove by.  


     The man who called the cops said that Kyle acted nervous (surprise, he just slid off the road) and the man said that  Kyle would not let him call a tow truck, after Kyle had told the man his mom had already called for one. (That is in the police report) We still wonder what motive those people had in calling the police. Clearly the man loves to call tow trucks and was mad because Kyle didn’t want two of them at the scene.  None of this would have happened if Kyle had allowed the man to call him a second tow truck. The man did clearly know that Kyle had one coming, but if only he had let the man call one too the man most likely would have felt satisfied and not called the police. I blame that man for a lot of this because had he used his brain to think the cop would not have entered the scene. 

        To sum it all up, we had planned to sue the Montezuma County jail for violating Kyle’s right to life by denying him his life sustaining medicine. However we have learned since Kyle did not die, there are no damages. But the lawyers did say that there are many constitutional violations and we do have a case regarding that portion. Finding a lawyer to handle that in our area is rough though. Many of the lawyers I have called in the area already do work for the county so can’t represent Kyle. Lawyers in Denver I’ve called have been rude and do not want to take the case. Our hope is to eventually sue the county for violating Kyle’s rights. We would like all costs returned to us, even legal fees. We also believe that the insurance company should be reimbursed for paying the drug testing company.

     The end result could have been so different. Had Kyle not known how to relax I would have went to pick him up to find the jail had killed him by not allowing him to use his inhaler, by violating his right to life. They should not get away with this. Why should they be allowed to deny a person his right to life and nothing happens because the person fails to die on them?

     Montezuma County Jail and Court are getting away with clear constitutional violations. This needs to stop.

     We will add the fact that the officer did not allow Kyle an attorney to the civil suit. Had he been allowed to call an attorney he would not have taken the blood test and he would have known possibly how to avoid the pre-trial sentencing.

     I have spoken to many law enforcement personal and lawyers who are appalled at the pre-trial drug testing and state it is a clear constitutional violation. Actually, several portions of the constitution are violated by sentencing people to testing after they have paid bail to get out of jail. We hope to find enough people who have had their rights violated and begin a class action suit against the county.

     Clearly Kyle’s case consists of violations of his rights as a US citizen and hopefully by writing this story and exposing the Montezuma County Jail and Montezuma County Court for their multiple violations something can be done before someone dies in their jail and to stop free citizens from being made prisoners of the system before even going to trial.

     I hope that someone out there reading this knows a lawyer who is willing to take this case on and show Montezuma County and the County jail they can’t violate the rights of US Citizens like this. We do live in America but I think Montezuma County has forgotten that.

     I ask all who read this to share it on your Facebook wall, share it with anyone you can. I hope this spreads like wildfire. My son could have died in that jail cell while being held for using his inhaler. A person having an asthma attack can die within 3 minutes of the attack.  If he had died I wouldn't have even had to write this, it should not take the jail killing someone for action to be taken against the county in all of this. Yes I am angry, any mother would be angry but thankfully I am not grieving over the loss of my son which is what could happen to another mom whose son the jail denies medicine to. This has to stop! Montezuma County has to stop stomping on the US Constitution. 

May 11, 2017

Current notes: We were not able to sue the county, no one would take the case because Kyle did not die and even though we were out money there was not enough money to gain by suing. So, the county continues to get away with violating peoples rights and arresting them for having asthma. 

Tuesday, July 19, 2016

People Know the Person I Want them to Know on Social Media

     Have you ever had that one person on Facebook who is always judgmental and always has something snotty to say? Or that person who thinks all your posts should be roses and sunshine? Well I've had many of those people and some have deleted me as a Facebook friend because I maybe expressed some frustration at things in life or maybe was a little negative at one time or another...or heaven forbid was having a rough time in life and vented.

     I no longer use Facebook for an arena to talk much about my personal life. What people know of me on Facebook is pretty much what I want them to know. I try not to put much out there, I don't say how I am really feeling about life and such. Those conversations as it were are for my private conversations. If I vent or rant on Facebook sometimes it is just to strike a conversation. Then other times it is just a "matter of thought." Most of the time what I say on Facebook isn't to be taken too seriously, I mean it is social media, it isn't life, it isn't real and all we are on there is well, like I said, what we want others to see and know.

     I recently had a "Facebook friend" and former colleague unfriend me I assume because she thought some of my posts were "negative" I was frustrated with technology and voiced that frustration. She commented on some of them and I joked back with her. However I found that she unfriended me. It is all good because we were really not friends anyhow and in all honestly I was not sure why I became her friend on Facebook.

     I am for the most part a private person, yes I write and I probably reveal more of my inner thoughts here on my blog than any other place. However for the most part I do not disclose my deepest thoughts, fears and dreams. Someday I do plan to write about them but for now they are mine and I'll keep them.

     I do like to vent on Facebook, my statuses are not always roses and sunshine. I find those posts rather boring and well, come on really, no ones life is sunshine and roses all of the time and to say it is to me is deceiving yourself. Don't get me wrong, if people want to post sunshine and roses all the time I have no problem with it. I don't have to read it, I can move on and if it makes them feel good then so be it, I am happy for them. I don't have to read the negative posts either, I can move on and if venting on Facebook helps someone make it through a rough day or a rough moment then I say let them vent! My point is that people for the most part are showing others what they want them to know and that is just fine.

     This post was not actually started to end on this note but, the way I see it is that some people feel so tortured inside, they need someone to hear them, they want someone to care. Even if they are the kind of person who always complains people should be kind and thoughtful because their venting and complaining might be the one thing that keeps them from jumping off a cliff or finding another way to end their own life. So the next time you see someone being negative on Facebook, either scroll on by, un follow them so you don't have to see it or maybe stop and think that is what they need to do to make it through the day. I know there have been times that my venting on Facebook has kept me sane.

     Now back to the reason for this post, the person who unfriended me on Facebook because I said some things she thought were negative...It is really not much of a loss to me and well, it make me see how petty other people can be and how thankful some are not a part of my real life friendships.

Sunday, July 17, 2016

Technology and Toddlers: A Bad Mix

     Is anyone else like me, they become most frustrated when using a computer, phone etc? I know that my computer and phone can take me from a great mood to wanting to teach them to fly in a matter of seconds. My mood can go from happy to angry with one click, or rather one glitch.  I have also watched my son become angry and agitated when his phone or computer do not work correctly. But watching my sweet grandson become someone I had never seene before because of a piece of technology confirmed my belief that technology is not for toddlers. I don't even think kids should use it until they are in their teens or at least their exposure should be limited. But for toddlers I think it is a way to promote anger and it is a source of frusteration, one a toddler does not need. Actually a toddler really doesn't even need technology, they should be interacting with people and playing with toys or boxes or whatever else they have around.

     When my youngest son was three years old his grandma got him a Leapfrog Leap Pad or something of that nature. What it was is this pad with the alphabet and buttons he pushed. When he pushed the buttons the Leap Pad phonemically said the sound of the letter. It was fun for him and he learned all of his letter sounds by 4 years old. So, when my grandson turned 3 my dad gave him some money for his birthday and I thought a Leap Pad would be a great thing to buy with the money.The don't have the one like my son had so I got the actual Leap Pad. It is sure not what I thought it was. It is not really a learning tool, it is more like a computer for little kids. So, I tucked it away and decided that he did not need it, at least not at my house.

     The other day he discovered the Leap Pad and his mom was at my house too. She figured it out and showed him how to use it. I didn't even know how to figure it out ha ha. He was washing his pet and other things which is harmless so after she left I went ahead and let him play with it. He was having fun so I thought it would do no harm. Then like any other gadget, it ran out of soap for him to wash the puppy. I didn't know how to get more and it said that it would get more the next day. So I just told him he would have to wait until tomorrow. Of course being only 3 he doesn't really grasp "tomorrow." What came after was something I had never seen from him and I vowed right then and there that he would never use that machine while at my house again.

     My sweet little grandson who doesn't throw fits and who is rather easy going got mad and started pounding his fist on the couch. Then he would yell and it was not your typical yell, it was viscous. He was mean and angry. I did not like what I saw, I made him sit for a while until he calmed down. After that he was fine and I did not see that behavior again.

     I got to thinking of it and understood his anger because technology makes me feel the same way but I am older and control my anger. However there are times I have to just walk away. Well imagine you are just a toddler and feel that same anger, you have no idea how to control it so you just let it out. To me no child should be placed in a situation where they feel that kind of anger and frusteration and well, contrary to what others might believe in society today, technology can prompt anger and frustration beyond our control.

     Has anyone else experienced this from a toddler?

Saturday, July 16, 2016

Questions about Using Google +

     I have a Google + account for my writing and it is also tied to my Youtube and Adsense I think. I share posts of my own and others posts to Google + but really do not know how to use it. When I go to my own account it looks great but viewing things is confusing.

     I notice people comment on my posts using G+. I see this when I read my blog but when I go to G+ I can't find the comments.

     Can anyone out there help me?

Friday, July 15, 2016

Cheating: Place the Blame Where it Belongs

     I have to say that in my marriage I do not think my ex ever cheated on me. I did not cheat on him. Our problems were not cheating, they were his alcoholism.
I guess in a way he did have another love, the bottle and that was stronger than his love for me. Eventually his love for the bottle and the person he was when he was drinking destroyed my love for him. This post is not about that however, it is about cheaters and my wonder as to how long it takes them to destroy the love of the one they cheat on. It is also about how so many people do not blame the cheater, they blame the person they cheat with. It all is very perplexing to me.

     I have seen so many people I care about hurt by a cheating spouse or significant other. I've watched hearts torn apart time and time again only to forgive  the cheater time and time again. I've also watched these same people place their at the person the cheater cheated with rather than on the cheater him or herself.

      I wonder why this is? Don't get me wrong, for sure the person your loved one cheats with is not going to be someone you like after the cheating is done. But in my  mind I think the loved one who cheated on you is the one your anger should be towards. This person is supposed to love you. This person is committed to a relationship, this person lied to you and cheated on you. So why are people willing to forgive that person and remain angered at the one they cheated with. The one who the cheater cheated with had nothing invested in your relationship. They may have helped destroy it but the one who cheated on you is the one who really betrayed you.

     There are circumstances when things happen. People make mistakes and it is good to forgive but I do not understand how a person can forgive a cheater over and over again. I would think there has to come a point in time where they say "I'm done, I deserve better, I can't trust you, I need to move on."  Maybe though it takes two or three times to come to that decision, two or three times for the cheater to destroy the love you had for them like my ex husbands love of alcohol destroyed my love for him.

     As I watch people go back to a cheater time and time again I remain confused, confused as to why they even want the person back, confused as to why they still feel love for someone like that.  So I am writing this post in hopes someone out there will say something to make me understand. It is hard watching people remain in cheating relationships knowing they will in time be hurt again. In time the cheater will cheat because well, it is sad but true that most people who cheat will never be faithful. It is the way they are, they are not committed to anyone except their own pleasures.

     I hope that someone can help me understand this and also why people always blame the person a cheater cheats with more than the cheater? It has perplexed me for years...

The Risks of Today's World

    We used to live in a world where the people who feared for their lives every day were police officers, those in the military, and firemen. It is not good we worried about them and that their lives were on the line every time they walked out the door but, that was the risk of the profession they chose.

     We used to live in a world where parents feared for their children's lives when they were not with them, and when they learned to drive.

      We used to live in  world where we worried sometimes about our loved ones falling ill and leaving us. Of course it was not a daily concern but one that was there.

      We now live in a world where everyone fears for their lives. We live in a world where being a teacher is dangerous. You never know when someone might flip out and harm those inside a school building. For years postal workers feared for their lives every day. It doesn't matter what profession you are in anymore, even working in a fast food restaurant is a risk.

     We now live in a world where illness and dangerous jobs are not the only times we worry about ourselves or our loved ones. The murder in Paris on July 14, 2016, the June 12, 2016 Florida Nightclub murders, the April 15, 2013 bombing at the Boston Marathon, the many school shootings, fast food and mall shootings,  and several other murders over the years have shown us that we must watch our backs no matter what we do. The people in Paris were simply having a good time, celebrating and without warning their lives were taken from them. The people in the Florida nightclub were dancing and having fun, those at the Boston Marathon were watching a race. Those in schools were educating and learning and the other victims of mass murders were living their lives. None of these people were in what we used to think of as dangerous situations but the situation they were in became dangerous in an instant, without warning.

     We now live in a world where just walking out your door is a risk. Getting sick or in a car wreck is not the biggest risk people are under in this world today. Living is. It is sad, it is heartbreaking. Of course we can't live in fear every day or the terrorists would win. Yes terrorist, anyone who takes the lives of others is a terrorist. I do not care who they are affiliated with, they are a terrorist in today's world. They can't win. Yes just walking out your door is a risk but we still must walk out that door, smile, be happy and live our lives. Most important is that we appreciate those we love, cherish them and enjoy them every day.

     We used to live in a world that was safer and a world where every day tasks were not a fear, that is not the world we live in now so make the best of every day.