Kendle Allen Criminal Complaints

8/10/2019 Kendle Allen Criminal Complaints

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September 15, 2014

RE EIVED

Timothy Rasmussen

S P

1 8

2 14

215

S.

Oak

Colville, WA 99114

STEVENS COUNTY

PROSECUTING

ATIORNEY

In

re: 1

t

Amendment Criminal Complaint against Kendle Allen

Dear Mr Rasmussen:

On February 24, 2014, in an open public meeting in the Stevens County Commissioner s

office, you stated:

In many ways

my

judgmentfunctions as a grand jury.

In

the state

of

Washington a grand jury the functions of a grand jury are vested

in

the prosecuting attorney. I

have the power nd the responsibility and I m the only one in this county who has that power

vested

in

me by the election of the people to bring a criminal charge against someone.

You have known of Kendle Allen s usurpation of the office of STEVENS COUNTY SHERIFF

for long enough to have investigated and filed criminal charges of your own accord. Yet, you

have not. So the people, of necessity, bring forth evidence

to

supports to filing of criminal

charges against Kendle Allen for violating state law. You, sir, claimed the exclusive authority to

bring criminal charges. Is it not your duty then to act upon

the

people s 1

st

Amendment Criminal

Complaint?

The people now call upon you

to perform the

duties for which you are being paid. The

people expect action

or

an answer as

to

why you will

not

criminally charge Kendle Allen

according to the people s 1

st

Amendment Criminal Complaint submitted under this cover.

You

have been very vocal about

not

liking timelines, however the people s patience

is

wearing thin, their trust in you is faltering and there can be no higher priority that to hold those

public servants accountable to the law they swore an Oath to uphold. The people

want

and

deserve an answer on your course of action delivered to them by close of business Friday, Sept.

2014. If you need more time, you must explain why. Please respond in writing to: The

People, P.O. Box 448, Chewelah, [99109] Washington state.


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RECEIVED

S P

8

STEVENS COUNTY

PROSECUTING ATTORNEY

l

t

Amendment Criminal Complaint by Victim and Witness

Black's

Law

Dictionary 6

th

Ed. Defines

"Criminal malversion" A broad category

of

corrupt official

practices.

Black's Law Dictionary 6th Ed. Defines

"Dulocracy" A government where servants and slaves

have

so

much license and privilege that they domineer.

Oxford Dictionary defines

"Domineer" Assert one's

will

over another

in

an arrogant way.

Merriam Webster Dictionary Defines

"Domineer"

o

exercise arbitrory or overbearing control,

to

tyrannize over.

Former Missouri Senator

Carl Shurz

in the mid 1800's penned these historic words:

My country, right

or

wrong.

If

right, to be kept right; and if wrong,

to

be set right.

I,

the undersigned, being one

of

the people

of

the posterity

of

the blessings

of

the Declaration

of

Independence and our Country's founding documents, take very seriously and recognize the solemnity

of

the filing

of

this criminal complaint. When persons like Kendle Allen (Allen) are elected to public

office, they are required to timely swear and properly file

an

Oath of Office according to the mandates

of

state law and the state supreme court's interpretation of those laws. Failure

to

do just that means

Allen has failed to

"duly qualify"

for

office. To date, no one in public office will hold Allen accountable.

It

therefore becomes the duty of the people - in whom all political power exists - to hold him accountable

and to set things to right.

It

was

over 3 years after criminally usurping the office

of STEVENS COUNTY SHERIFF

that Allen

subscribed

an

Oath

of

Office.

1,

Kendle Allen,

do

solemnly swear

th t

I m a citizen

of

the United States and

of

the

State

of

Washington; that I

will

support the Constitution and Laws

of

the United States

and the Constitution and Laws

of

the State

of

Washington, and

will

to

the

best of my

judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties

of

the office

of

Sherif

in

and for Stevens County, Washington,

as

such duties are

prescribed

by

law, so help

me

God."

Dated March 12, 2014.

See

Allen's Oath

of

Office

attached.)

Washington state law, RCW 29A.60.280(3)(a) states

that

the Oath of Office shall be subscribed

and filed no earlier than 10 days prior to assuming office and RCW 29A.24.020 unequivocally states

"and

shall again be sworn into office for the full term".

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When the people call upon their elected, appointed

or

otherwise employed servants to prove

their authority and they answer with silence when they have a legal and moral duty

to

speak - their

silence is their answer. When they are unable or unwilling to prove authority, they have violated the

public s trust; they are criminal usurpers of a public office; they file false instruments

to

receive a

paycheck; and they commit perjury to do

so.

In

our

country, we the people are guaranteed a republican

form

of

government of the people,

by the people

nd

for the people . It is we the people

of

the posterity

who

are the responsible party

to

hold the instruments of our creation, and those we employ to serve us, accountable to the law.

There exists a duty in all public servants, be they elected, appointed or employed, to prove their

authority upon request. The recipient of this criminal complaint has been addressed no less than three

times over the people s concerns said recipient was non-eompliant with state law. Recipient was given

ample opportunity to respond

but

chose to answer with silence. It is, in its simplest form, the people s

duty to file this criminal complaint.

Therefore, this complaint

is

submitted under a 1

st

Amendment Right

to

redress of grievance as

interpreted in United States v. Hylton, 710 U.s. 1102 (1983) and Bill Johnson s Restaurants Inc., v. NlRB

461

U.S.

731, 108 S. Ct. 2161, 2161, 761.

Ed.

277 (1983) Moreover the supreme court has held expressly

that the first

mendment

right to petition protects the individual's right to file an action with a

reasonable basis in a

st te

tribunal.

This Right

is

further supported by your

former

RCW 10.16.010, which

was

superseded - not

repealed in 1984 by cour t rule JCrR 2.02 which has now been replaced by

CrRU

2.2 and CrR 2.2.These

court rules only superseded a portion of

the former

statute leaving the remaining portion intact and in

effect.

Malott

v

Randell (1974) 11 Wash. App. 433, 5 3 P.2d 439 When portions

of

a statute are

superseded by the rule, other portions of the s me st tute dealing with matters upon which the

comparable rule is silent are

not overruled nd remain in effect. See also attached copy

of RCW

10.16.010 and code revisers comments.

Demand is also made for a hearing in which this victim and witness can give oral testimony and

present witnesses in support. CrRU 2.2 a) (2).

First Charge R W 42.20.030

Kendle Allen, a person, criminally usurping the office

of

STEVENS

COUNTY

SHERIFF, has and

continues to criminally personate and represent and wilfully exercise the functions and perform the

duties

of such officer, without having duly qualified therefore, as required by law and who, having been

elected to serve as an executive officer has wilfully exercised the functions of th t office after any right

to do

so has

ceased. RCW 42.12.010 (6).

RCWA 42.12.010

Right to hold public office is subject to qualifications imposed by legislature. State ex

reI Carroll

v

Simmons (1962) 61 Wash.2d 148, 377 P.2d 421 cerro den. 83 S Ct 1698,

374

U S

808, 10

L Ed

1032.

1

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'Vacancy occurs

in

office

y

operation

of

statute

t

time

event

takes place. State ex

reI

Austin v Superior Court

of

Whatcom County (1940)

6

Wash.2d 61 106 P.2d 1077.

Second Charge - RCW 40.16.030; RCW 42.20.060;

and

RCW 9A.28.040

RCW 40.16.030 Offering false instrument

for

filing or record.

RCW 42.20.060 Falsely auditing and paying claims.

RCW 9A.28.040 Criminal conspiracy.

Kendle Allen, a person, criminally usurping the office

of

STEVENS

COUNTY SHERIFF,

and

discharging the duties

of that

public office, did and continues to conspire with other criminal usurpers

illegally occupying public offices of STEVENS COUNTY

to

procure and offer false instruments

in

the form

of

salary vouchers

into

the STEVENS

COUNTY

AUDITOR'S office, which

if

genuine, might be filed

or

recorded in such off ice under the laws

of

this state. Allen

has

participated in allowing and paying salaries

to his person, and other persons in that office, and continues to directly consent to pay these salaries

fraudulently to persons

not

authorized by law

to

receive them.

In addition Allen did

also

knowingly violate many people's rights who have been negatively

impacted through deprivations of life, liberty and property by Allen's actions while impersonating a

public official (sheriff) through the issuance

of

process purporting to be judicial but is not.

RCWA 40.16.030

In this section making

it

a crime

to

knowingly file any false

or

forged instrument in a

public office, the term instrument encompasses a document which

is

required or

permitted by statute or valid regulation to be filed, registered, or recorded in a public

office

if the claimed falsity relates to material fact represented in the instrument and

the information contained in the document

is of such

a nature

that

the government

is

required or permitted by law, statute or valid regulation to act in reliance thereon, or

the informat ion contained in the document materially affects significant rights

or

duties

of

third persons, when such effect

is

reasonably contemplated by the express

or

implied

intent of the statute or valid regulation which requires the filing, registration, or

recording

of

the document. State

v.

Price (1980) 94 Wash.2d 810, 620

P.2d

994.

RCWA 42.20.060

Use

of the word false in connection with fraudulent does not indicate legislative

purpose

to

include only

such acts

as are corruptly false, or are done with willful design

to cheat and defraud public funds. State v. Case (1915) 88 Wash. 664,153 P. 1070.

Specific intent

to violate law is implied from fact of violation even though person had no

wrongful intent

to

do anything beyond doing

of

prohibi ted act. State

v. Case

(1915) 88

Wash. 664,153 P. 1070.

RCWA 9A.28.040

Conspiracies may be proved by circumstantial evidence or established like any other

disputed fact.

Sears

v. International Brotherhood of Teamsters, CS H (1941) 8 Wn. 2.d

447, 112 P.

2d

850.

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Test of sufficiency of evidence in action for conspiracy

is

that facts and circumstances

relied on to establish conspiracy must be inconsistent with lawful or honest purpose and

reasonably consistent only with existence

of

conspiracy. Couie

v.

Local

Union No. 1849

United Brotherhood of carpenters and Joiners (1957) 51 Wn. 2d 108,316

P.2d

473.

third

Charge - R W 9A.72.020

Kendle Allen, a person, criminally usurping the office of STEVENS COUNTY SHERIFF did commit

perjury in the first degree by signing false salary warrants, false arrest warrants and a document

purporting to be

an

Oath

of

Office, under penalty of perjury, which is required by law

to

be timely taken

and properly filed and made a part

of

the official public records as required by RCW 65.04.040.

A statement concerns a material matter for purposes of perjury, if it relates to any

question which might properly arise in a trial or when it is intended to or might affect a

court's consideration of issues presented; it need not bear upon the ultimate issues of a

case. State v Daniels (1974) 10 Wn. App. 780, 520

P.

2d 178.

Because Allen's Oath was not subscribed before assuming office on January 1 2011, the law

says he failed to duly qualify and is criminally usurping the office

of STEVENS

COUNTY SHERIFF. Allen

has been notified

of

his non-compliance

with

state law on April

8

2014. Allen was notified

that

the

Office

of STEVENS

COUNTY

SHERIFF

was vacant on May 27, 2014. Allen was given opportunity

to

answer

a directive of the people on June 13, 2014,

to

testify under oath why he did not respond to the first

two

correspondences and yet he still remained silent.

For the foregoing reasons, and according

to

state law, Kendle Allen should and must

be

charged,

at minimum, with the above violations

of

law and brought to trial.

By the attached Declarations, we the people on Stevens County, on the state of Washington, do

1

t

hereby formally submit this Amendment Criminal Complaint against Kendle Allen, a person,

criminally usurping the office of STEVENS

COUNTY SHERIFF.

See

attached Declarations for signatories.

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STATE

OF WASHINGTON

55.

O TH

OF

OFFICE

County

o

Stevens

I

Kendle Allen, do solemnly swear that I

am

a citizen o

the

United States

and o the

State

o Washington;

that I

will

support

the

Constitution

and

Laws o

the

United States and the Constitution

and

Laws o

the

State

o

Washington,

and

will to

the best o

my judgment, skill and ability truly, faithfully, diligently and impartially

perfonn

the

duties

o

the office o Sheriff in and for Stevens

County Washington as

such duties

are

prescribed by

law

so

help

me

God.

~

endle Allen

Sheriff -

Subscribed and sworn

to

before

me

this 12

lb

d y o March,

2014.

Kendle Allen Criminal Complaints

Documents

Transcript of Kendle Allen Criminal Complaints