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Posts Tagged ‘David Riley

Notice To Preserve Evidence: EFFECTIVE Evidence Gathering

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First, I should preface this post. This blog post is in the legal category of my blog, but I am NOT an attorney. Always follow the discretion of your attorney over what I say and/or write. Your attorney will understand things about your case that nobody else will, like the nuances of your case, the general attitudes that key people in your case have, and such. So, always listen to your attorney in your case, over anyone else.

Now, on to the topic of this blog post. This blog post is about the Notice To Preserve Evidence Letter, sometimes referred to as the Litigation Hold Letter. This has to be one of the most effective tools for gathering evidence that I have ever used, but yet one of the most overlooked tools that I know of. The Notice To Preserve Evidence Letter is very powerful, if worded correctly and explained correctly to the person it is being served to.

I have served these Notice To Preserve Evidence Letters for over 10 years, and although attorney’s seem to overlook using them, or at least seem to rarely use them, we have gotten evidence that we would not have gotten without using them. In one case we got video evidence that actually exonerated a client on drug trafficking charges, and in another case we got video evidence that assisted a client in securing a settlement from city government. 

Below is a photo of an old Notice To Preserve Evidence Letter that RMRI, LLC. used to get video evidence that resulted in our client obtaining a settlement from the city of Columbia, MO.

The benefit to the Notice To Preserve Evidence Letter is that it puts a burden on the person that it is being served to, that often times influences that person to turn over the requested evidence when they are being served rather than have to try to keep up with it and risk losing it. In the case mentioned in the previous paragraph, where our client was exonerated from drug trafficking charges, RMRI, LLC. served a Notice To Preserve Evidence on a local hotel for video footage in the time frame that the arrest and search of our client occurred, and we found evidence that the items that were found in the search did not belong to our client, nor did he have any knowledge that they were there. The evidence was compelling enough that the prosecution dropped all charges against our client. The hotel did not want to have to pull the video, store it, and be responsible for it, so the management decided to allow us to pull the video and process it the same day we served the the hotel with the Notice To Preserve Evidence Letter. We actually got key video evidence in this case before the local law enforcement agency that investigated this case did. In the other aforementioned case where our client got a settlement from the city, we also got that video evidence before local law enforcement did, the Notice To Preserve Evidence Letter in that case is pictured above.

Typically, Notice To Preserve Evidence or Litigation Hold Letters are used in civil cases, however I know of no case law, court rule, or procedure which bars them from being used in a criminal case. 

The Notice To Preserve Evidence Letter should be crafted by the Private Investigator in these criminal cases, since the Private Investigator should know what specific evidence to target, approved by the attorney, and then served by the Private Investigator. Serving the Notice To Preserve Evidence Letter is no different than process service, as a matter of fact it is process service. After the Notice To Preserve Evidence is served, the signatures are taken and the time and date are filled out, a copy of it should be put in the court docket. This allows the court to see that the party that was in possession of said evidence was put on notice to preserve that evidence in a legal matter. 

The Notice To Preserve Evidence Letter has been one of the most powerful tools that I have ever used in gathering evidence in criminal and civil cases.

RMRI, LLC. hopes to see this tool more widely used by attorney’s and private investigators to gather key evidence that may exonerate their clients in criminal cases or win judgments in civil cases.

Rick Gurley of RMRI, LLC.

The Interesting Case Of David Riley: VINDICATION!

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Back in August of  2010 I did a series of articles on a young man named David Riley. You can reference these articles easy enough just by going to the tag cloud on the right hand side of the screen and clicking the name “David Riley” or just by clicking this link: David Riley. David Riley is a young man that went to a store one night to buy some beer, after he had already been drinking, he purchased his beer and he walked out to his car with his designated driver. On the way to his car he kicked a bottle across the parking lot, and drew the attention of what he would soon discover would be an undercover Police Officer. David Riley said some things to the Police Officer that were not very nice, and in return the Police Officer drew his firearm and proceeded to beat David Riley senseless, along with a few other Police Officers that responded to the undercover Police Officer’s calls for back up; all in full view of the store video camera. David Riley was then taken to the hospital where he was verbally humiliated by security staff and the Police. David Riley was then taken from the hospital to the jail after he received medical care, and charged with resisting arrest and some other “cover my ass charges” by the Police. David Riley then bonded out of jail, in horrible physical condition from the beating that he had just suffered. From there this incident basically ruined his life. He was coerced by a Prosecutor (actually I’d personally call it blackmailed by a Prosecutor) to plea to his charges and accept a conviction. He suffered some mental health issues, which in turn caused him to lose his auto dealership and his family. All and all, it was a fine years work of ruining a man’s life by the CPD and the Boone County Prosecutor’s Office; so that the CPD could keep it’s butt covered and looking like they’d never do anything improper.

When this incident first occurred, I got the call from the Defense Attorney the next day to start an investigation on this case. I knew where to start, at the scene of the incident. RMRI, Inc. wrote up a Notice To Preserve Documents and served it on the store that this incident took place at; and RMRI, Inc. actually received a copy of the video tape before the CPD did. RMRI, Inc. measured out the place where the incident occurred, how far the undercover Police Officer was from David Riley when the verbal exchange took place. RMRI, Inc. interviewed all of the store clerks that were working that night. RMRI, Inc. also requested any property that was taken from David Riley by the CPD the night of the arrest, on behalf of David Riley. Interesting enough the CPD returned a pocket knife that David Riley was carrying that night. Interesting because the CPD tried to claim that David Riley was trying to rob the undercover Police Officer; wouldn’t they have kept the knife as evidence if this had really occurred? As I conducted this investigation it became apparent to me that David Riley was a victim of Police Brutality. But let’s be fair and forthright here; David Riley was no angel. David Riley had some very serious criminal convictions in his background, be probably used alcohol a little too much. Sometimes he could be disagreeable and hard to deal with. But we should all understand that none of this precludes him from being a victim of Police Brutality. So, I took a special interest in this case. I have always felt very strongly about Police Abuse and Police Brutality issues. I don’t think that any citizen should have to suffer a beating at the hands of the Police, who are supposed to be protecting and serving the citizenry. Yes, there are times when the Police must get physical and quell a physical threat, but that is called self defense or defense of the public. So, in this particular case; I did all I could to make my community aware of what had happened to David Riley. I spoke at a City Council Meeting, I spoke at a Police Officer’s Review Board Meeting, I spoke to the media and I blogged about it.

Here is an article where the Columbia Tribune wrote about me trying to bring some awareness to this issue: Investigator Stirs Up Closed Case.

Well, I had some people that believed I was right and some people that thought I was using the media to get some attention for myself. I can understand how some people might feel that way, often times when a person is trying to bring some attention to an issue that they are involved in; it is hard to distinguish who they are trying to get attention for. I told the CPD spokeswoman at the time, that this case would wind up costing the city some money. The CPD spokeswoman responded as if the CPD did everything right, and there was no way that David Riley could ever be on solid ground to sue the CPD.

And there is a twist…….

In the last two weeks David Riley was offered a settlement of he received $55,000.00 by the City of Columbia, MO. to NOT go to Federal Court with his case, which he accepted. We don’t know what the amount of the actual settlement was, but you can bet it was more than $55,000.00, because that amount is what David Riley personally received, he also had to have money for his hospital bills, and of course his attorney had to get paid for his hard work. Here is the Columbia Tribune Article on the settlement: City Settles With Man Who Was Beaten During 2009 Arrest

All I can say is good for David Riley. I am glad that he got some money to try to get his life back on track with. I also hope that the City of Columbia, MO. realizes that the undercover Officer that beat David Riley that night and his cohort, just cost the City of Columbia a significant amount of money.

I also want to make something else clear. When this incident occurred, Chief Burton had only been Chief of the CPD for a few months. While technically speaking, Chief Burton was in charge, he was so new that he was having to rely on his staff to see how the CPD was structured, what the policies were at the CPD, what their strengths and weaknesses were, and just to get a feel for how the CPD functioned overall. We don’t see these incidents in Columbia, MO. anymore. Chief Ken Burton has made tremendous strides to try to prevent these types of incidents from occurring. Chief Burton has terminated the employment of Officers that have behaved this way in the past, at great personal sacrifice to himself. We now have a wonderful Chief of Police at the CPD that cares about the citizenry here in Columbia, MO., and is tough enough to make the hard decisions in his job. Chief Burton has bought these types incidents way down. And, I think it is fair that we don’t put the responsibility of this on him ; he was not at the CPD long enough when this incident occurred to really implement any change that would have prevented this.

Justice For David Riley And His Family

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If you have been following this blog then you are aware of The David Riley Case. It has been all over this blog. Of course you have seen the mistreatment of David Riley at the hands of the Columbia Police Department. Of course you know that David Riley took a plea deal to do two (2) years in the Missouri Department of Corrections after being “blackmailed” by Boone County Prosecutor Brent Nelson into this plea arrangement.

Of course we all know that if a person has a family and they are the victim of an overzealous Prosecutor that causes them to be wrongfully imprisoned; there are more victims than just the defendant in a case like this. That defendant’s family also becomes victimized by this overzealous Prosecutor. In the David Riley case, there is his wife and three (3) children that are the victims of Prosecutor Brent Nelson’s underhanded tactics.

Prior to this incident that occurred at the Ultra-Mart in Columbia, MO. between David Riley and the Columbia Police Department; David Riley and his wife Lucaya Riley owned and operated a successful business that allowed them to make a legitimate and honest living. David and Lucaya Riley owned AC Auto Sales; they sold used cars and classic cars. Below is a picture of the shop in Columbia, MO. that they used to own:

David and Lucaya Riley's Auto Shop 1

David and Lucaya Riley's Auto Shop 1

David and Lucaya Riley's Auto Shop 2

David and Lucaya Riley's Auto Shop 2

David and Lucaya Riley earned a nice living that allowed them to live an upper middle class lifestyle. David Riley was able to provide for his family though his hard work at the shop that he and Lucaya owned. David Riley was able to provide well for his wife and children and he was a good father to his children and husband to his wife. Below is a picture of David Riley’s home prior to him being incarcerated in the Missouri Department of Corrections:

The Home Of David Riley

David and Lucaya Riley's Home 1

David and Lucaya Riley's Home 2

David and Lucaya Riley's Home 2

David and Lucaya Riley have three (3) adorable children that were well cared for prior to the incident that Occurred at the Ultra-Mart in Columbia, MO. when David Riley was arrested by the Columbia Police Department. These children became innocent victims of Prosecutor Brent Nelson’s underhanded prosecutorial techniques.  Here is a picture of David and Lucaya’s children.

David and Lucaya Riley's Children

David and Lucaya Riley's Children

And David had a happy family life that he shared with his brother Matthew who is a Chaplain in the Navy and his wife Lucaya who worked hard also to take care of their three (3) children and to support her husband in any way she could.  Below is a picture of Matthew, Lucaya, and David in happier times:

Matthew, Lucaya, and David Riley

Matthew, Lucaya, and David Riley

Now, after Prosecutor Brent Nelson’s underhanded tactics in the David Riley case not only did Brent Nelson victimize David Riley, he also victimized David Riley’s family. He took a father away from his children, and the “bread winner” of the household away from his family. Now Lucaya and her three (3) children live in a one bedroom apartment in Austin, Texas. Lucaya and her three (3) children don’t even have reliable transportation in case of an emergency, and they are just barely getting by. Due to the unreliable transportation that they do have Lucaya can’t even bring her children up to Missouri to visit with their father. So far, there has been no justice for David Riley and his family.

But sometimes we get what we need in ways that we could have never conceived. Perhaps we can all help David Riley and his family get a little justice, and show Prosecutor Brent Nelson that if we would have been sitting on a Jury had David Riley’s case went to trial, and we saw the evidence that we have seen thus far; the verdict would have been much different than what Prosecutor Brent Nelson believes it would have been.

If you want to help David Riley’s family out and send this message to Prosecutor Brent Nelson, then please make a donation to help David Riley’s family to get by while David Riley is in the Missouri Department of Corrections. It is as simple as clicking the PayPal Donate button below and following the instructions.

Thank you for your time and attention.

Written by Rick Gurley

August 21, 2010 at 11:05 PM

Posted in Business, David Riley, Donations

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David Riley’s Bail Bondsman

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Tina of Tina Bozarth of Bail Bonds (573) 442-7766 and Tom Gardner and I at IHOP.
http://ping.fm/p/lDGgs – Tina of Tina Bozarth of Bail Bonds (573) 442-7766 and Tom Gardner and I at IHOP.

This is David Riley’s Bail Bondsman. I had a late dinner with her and her significant other, Tom Gardner. Both Tin and Tom are really good people that also feel terrible about what Happened to David Riley. Tina got a first hand look at David Riley only about five (5) hours after he was arrested and she said that he still needed immediate medical attention.

Tina Bozarth is an Excellent Professional Bail Bondsman; if you or your relatives are ever in need of bail bonding services.

She’d also be happy to tell you about David’s Riley’s condition when she bonded him out if you want to call and ask her about it.

Stay tuned for the audio enhancement of The David Riley Arrest next week. I am almost positive that we are going to be able to have this audio file enhanced so that we can all hear what was really said in the parking lot of the Ultra Mart the night of David Riley’s arrest.

Written by Rick Gurley

August 21, 2010 at 1:06 AM

The Interesting Case Of David Riley; The Arrest – Part (3)

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In this segment I’d like to focus on the audio file that the Columbia Police Department is touting as proof positive that David Riley was actively resisting arrest. I was being interviewed by Mark Slavit of KRCG Channel 13 News on Tuesday August 17,2010. After the interview was over with, Mr. Slavit was kind enough to share some of the details of what he was told by Jill Wieneke one of the Public Information Officers for the CPD. Apparently Jill Wieneke had the audio transcript and was proudly holding it up like she was displaying the prized bass at a bass fishing tournament. Well Okay, lets take a look at what this audio file, and my transcript actually indicates. I had the audio file transcribed by a service that I use quite often named SpeakWrite. SpeakWrite is a really handy and convenient service for Attorneys, Private Investigators, and anyone else that has a need to transcribe audio files into readable documents. SpeakWrite even has a program for your smart phone that will allow you to record from your phone, send the file to SpeakWrite via email, and have the transcribed audio sent back to your email via phone. SpeakWrite is also available to transcribe audio files twenty four (24) hours a day, seven (7) days a week, and their turn around time is usually less than three (3) hours. So, a big plug for SpeakWrite!

Now if Jill Wieneke wants to hold up a transcript and hand out the audio file from The Officer’s Lapel Mike that recorded David Riley’s arrest, then she should not mind us scrutinizing her evidence.

First, let’s listen to the sound file. The sound file is listed below:

David Riley Arrest Audio Full File With Computer Sounds Off

Now in order to keep from being accused of modifying this file in such a way that it is favorable to David Riley  we take certain steps to explain and authenticate the process of transferring audio file and converting them. This is what I am going to do now.

The audio file above was originally taken from an article in the Columbia Daily Tribune titled: Investigator Stirs Up Closed Case. I opened up the internal Mic on one of my laptops (an Alienware M17) and I let the Mic record the audio from the sound file that was in the above listed news article. The file format for that file was WMA (Windows Media Audio). I then checksummed the file to authenticate it’s digital signature. Below are the checksums for the WMA audio file:

David Riley Arrest Audio File Computer Sounds Off  WMA MD5 Checksum: E84DC7CAC0D095A6C65F00108A151C8D

David Riley Arrest Audio File Computer Sounds Off WMA SHA-1 Checksum: 28202E6BB832572E30F48A637DB1C0C2C3B562EB

Next I converted the WMA file to an MP3 File with an audio program named Goldwave. I then checksummed the new MP3 audio file. Below are the checksums for the MP3 audio file:

David Riley Arrest Audio File Computer Sounds Off MP3 MD5 Checksum:  975B86EDAF98C15DAE9EE5E41ABDCA30

David Riley Arrest Audio File Computer Sounds Off MP3 SHA1 Checksum: DD7F12DAF312C9B22CB9BFF532B733D336D46329

This authenticates evidence that is on the Alienware M17 Laptop. And this will be important in the near future, because I am having the audio file enhanced, and hopefully we will all be able to hear exactly what David Riley said to the Officer the night he was arrested at the Ultra-Mart on Paris Rd. in Columbia, MO.

For now, let’s take a look at the actual audio file transcript that I had made. I’d like to discuss some key points of this transcript.

Now lets try to get an understanding here before we go any further. An audio file is just that, it is a sound file. There are no visual images that accompany it. So, what we are hearing and what we believe happened based on the audio file are actually two different things. Because the sound file does not display images our mind interprets the sound file into a “guesstimate” of what is occurring on the sound file. But there are some pieces of information that we can extrapolate that do tell us some things without our mind having to guess at what is happening.

Below is the transcript of the audio file that was made by SpeakWrite:

David Riley Arrest Audio Transcription

Okay, so when we open this file up we see alot of cussing and swearing and it is all coming from David Riley. What David Riley is saying though is not really all that telling, or it is at least not as telling as what the Officer is saying in this transcript:

If you ever wanted proof that David Riley was initially complying with the Officer during his arrest, before he was kicked while he was down on the ground, look for it in the highlighted areas of the David Riley Arrest Audio Transcription. Think about this; if David Riley was not on the ground and in compliance with the Officer, then why did the Officer say: “Get on the ground. Stay on the ground.” and then approximately two (2) seconds later: “If you get up I am. Stay on the ground.” and then approximately three (3) seconds later: “Stay on the ground.”?

Think about what this means for a minute. If David Riley was not on the ground and in compliance, then why did the Officer tell him to “STAY on the ground”?

What happened here is fairly obvious. Looking at the video, listening the audio, and looking at the witness statements; this Officer kicked David Riley while he was on the ground and in compliance, and this enraged David Riley and he began to become very agitated.

And this begs the next question; Why did the Officer choose to kick David Riley instead of handcuffing David Riley? Had the Officer handcuffed David Riley, everything else that followed from that point forward would probably not have happened; unless the Police would beat a man that is handcuffed, that is??

Think about this for a while as you await the Audio Enhancement that is being worked on. Ask yourself the hard questions about this case. Don’t just take my word for what is happening, look at the video, listen to the audio, look at the transcript from the audi and make sure that everything you can clearly hear in the audio is on the transcript. Look at the witness statements. Decide for yourself.

The Audio File Enhancement should be up very soon. I am going to put it on this segment of this article.

Until then; stay tuned.

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Written by Rick Gurley

August 20, 2010 at 4:29 AM

The Interesting Case Of David Riley; The Arrest – Part (2)

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I want to continue from the first segment on the David Riley case. I think it is important to get out as much information as possible on this case, and I think that the public needs to understand that this is not a “private witch hunt”; this is simply an opportunity that I am presenting to the public to be aware of what really happened on the David Riley case.

First I want to present some documents that were forwarded to me by the newspaper reporter that did this story: Private investigator champions an unusual case

The following documents are a press statement issued by the Columbia Police Officer’s Association in an attempt to defend the actions of the Officers involved in the aforementioned incident involving David Riley on my first blog post titled: The Interesting Case Of David Riley; The Arrest – Part (1)

Below are the documents for you to read:

Just Click The Following Link:   CPOA Press Release On David Riley Arrest

Now I want to stop here for a second and talk a little about my experiences last night on August 16, 2010 at the Columbia City Hall Meeting. I spoke on this issue concerning David Riley tonight, and I made thumb drives for each of the Columbia City Council Members, with all of my evidence on them. I understand that these thumb drives were distributed to the City Council. There is one thing that I can say about the Columbia City Council, they do give their citizens a voice, and they do patiently listen to what their citizens have to say. And trust me, after some of the speakers I saw speaking last night; this is no small task. We have a very decent and fair City Council here in Columbia, MO.

After I spoke at the Columbia City Council Meeting, I was on my way to exiting the Columbia City Council Chamber, and Mr. Eric Dearmont asked if he could speak with me outside. Mr. Dearmont is the person that put together the press release that you should have just read above, titled “CPOA Press Release On David Riley Arrest”. Mr. Dearmont seemed to be a very pleasant and professional man. And he wanted to ask me if I would retract the Officer’s name from my first blog post. I agreed to do this, I don’t want to cause anyone any undue stress here. I want to make the public aware of what happened here. This Officer also deserves to have a private life, and my intent has never been to cause him stress. I also met the Officer that initially confronted David Riley the night that this incident occurred. The Officer was very calm, not upset, and seemed like a very decent person too. I apologized to this Officer for any stress that my mentioning of his name in my post may have caused him; and I assured him that I would take his name off of the blog as soon as I got home. He thanked me and shook my hand.

Before I go any further, and post more evidence here on this blog, please try to understand something here. This case is like most of these cases are. There really is no “bad people” here in this case; there is a “bad situation”. This Officer should also be recognized for the tough job he does. For risking his safety for us day in and day out, because despite what side of the fence you line up on in this issue, this Officer is still out there doing a job that puts him in service to us. I am here to address this “bad situation”, and hopefully see some good come from this. I am not here to maliciously damage anyone. I also invited Mr. Dearmont and the Officer to post on this blog anytime they want, and guaranteed them that they would not be moderated for posting their side of the story here. I hope that they do know that my invitation was sincere, and they are welcomed here to discuss this issue, if they want to come here and do that.

Now, I want to address Mr. Dearmont’s press release.

First, we start out with this quote: “[e]veryone is entitled to his own opinion, but not his own facts.” from Mr. Dearmont. Well, facts are a funny thing, because while we all want to believe that they are just exactly what happened, we must realize that one man’s fact may well be another man’s fallacy. We all interpret information differently. The methods in which we use to extrapolate information varies from person to person. And somewhere in the way we interpret information and extrapolate information, there comes variances in what we call “the facts”. Mr. Dearmont’s quote may well apply to him as much as it does me.

Second Mr. Dearmont says: “Unfortunately, in a number of recent communications related to the arrest and subsequent prosecution of David Riley a number of individuals have choosen to present to the public a large amount of false and misleading information”. Did anyone expect to see this press release prefaced with anything different? That is how you start defending your case, isn’t it? By trying to cast some doubt on the other guy’s claims. Well, I have a few simple questions for Mr. Dearmont. (1) Mr. Dearmont, what happened to the audio file from the juvenile’s audio recording device that was given to the Officer the night of the incident with David Riley? (2) You do understand don’t you that this audio file could have very well cleared up the issue as to what David Riley actually said to the Officer that night, don’t you? (3) Naturally you also understand that this casts the Police that were involved in the arrest of David Riley that night in a suspicious light, don’t you?

Third, Mr. Dearmont states: “Both of these minors had clean criminal histories and had never been arrested. Both individuals agreed to assist the Columbia Police Department in its effort to limit the unlawful distribution of alcohol to minors.” I don’t know why this is important, it certainly does not change the substance of the situation that occurred with David Riley on September 29, 2009.

Fourth, Mr. Dearmont states: “Mr. Riley apparently noticed the Officer  observing him and initiated a communication in which he demanded that the Officer “give [Riley] his fucking wallet” and stated that the Officer  did not “want to fuck with [him].” Riley then began to approach the Officer  in an aggressive manner.” I would implore you to all watch the video below. Watch it as many times as you need to. Watch it carefully. Pay attention to what is happening outside of the store when David Riley exits the store.:

Look, the one good thing about this site that Mr. Dearmont has not done is this; I am presenting you the evidence here. Don’t take my word for what happened, don’t take Mr. Dearmont’s word for what happened, be your own Judge. Look at the video yourself. You don’t have to be told what is happening, just look carefully, as many times as you need to look. And then make your own assessment as to what happened.  The difference in what Mr. Dearmont wants and what I want here is this; I am not asking you to believe me; Mr. Dearmont is however asking you to believe him. All I am asking you to do is look at and listen to the evidence in this case, and then draw your own conclusion.

You will see that there is no way the Officer could have displayed his badge, but if the video is not enough for you; then listen to the statement of Kendrick Hardrick, the young man in the blue jacket that was seen in the video walking out of the store when this occurred, listen to his audio recorded statement below:

Kendrick Hardrick Interview 20091006_194407_192.168.0.14,10058

You will see and hear evidence that David Riley did not say “Give me your wallet” to the Officer, instead he said “What in the fuck are you looking at” and “Keep right on walking”.  David Riley has maintained that this is what he said, but there is also an independent witness that corroborates this named Desiree Kemp; the lady that was in the Driver’s Seat of the car the night we saw this incident occur with David Riley on the video above.

Listen to Desiree Kemp’s statement below, she clearly says that David said “What the fuck are you looking at”. She clearly states that her and David thought they were being robbed this night, thereby indicating that the Officer did not display his badge that night.

Desiree Kemp Audio Recorded Statement: Desiree Kemp Audio Recorded Interview 10 07 2009

There is clear and compelling evidence that David did not attempt to rob this Officer, as the Officer has stated and maintained since this incident occurred. There is clear and compelling evidence that the Officer did not display his badge or even say he was a Police Officer in the form of two (2) independent witness statements.

Do you believe for a minute that there is some vast criminal conspiracy to cast this Officer in a bad light, perpetrated by David Riley, Desiree Kemp, and Kendrick Hardrick? There is a more simpler, logical, and reasonable explanation; isn’t there?

Fifth, Mr. Dearmont states: “At this time the Officer  produced his gun and badge, immediately identifying himself as a police officer and ordering Mr. Riley to the ground. Riley did not immediately comply and only dropped to his knees after being order multiple times to lie completely down. While on his hands and knees, Riley continued acting aggressively and attempted to stand. The Officer, using the bottom of his foot, pushed him back to the ground and told him to remain there.” Again, look at the video, listen to the statements from the witnesses here, look at the totality of the evidence in this case. The totality of the evidence directly contradicts Mr. Dearmont’s account of what happened the night David Riley was arrested. Desiree Kemp states that the Officer never displayed his badge. Kendrick Hardrick states that he never saw the Officer display his badge or identify himself. Are both of these people lying to cover for David Riley? The only one honest here is the Police Officer, and everyone else is lying? Do you really believe that? Does Mr. Dearmont honestly expect you to believe this?

Everything after this last statement I quoted is really not even relevant. There is one thing that did not happen that could have prevented all of this. Instead of kicking David Riley, the Officer could have simply handcuffed David Riley, and then there would have been no need for David Riley to take the beating he took that night.  The question begs to be asked, why did the Officer feel it was unsafe to handcuff David Riley, but it was completely safe to provoke David Riley by kicking him? Readers, does that even make sense to you?

And yes, David Riley was mad as hell that night! He had just been beaten, arrested, and taken to the hospital and taunted by the Police (the taunts that David Riley had to listen to will come out in the next segment of this blog). I’d be mad too. I’d be cussing too. I’d be absolutely furious! Who wouldn’t have been after having the Police give them a concussion, a black eye, and a fractured arm, then arresting them on a bogus charge, then having to go to the hospital and be taunted, and then having to go to jail, and then having to spend $5,000.00 of your money on a Bail Bondsman for something that you should have never had to pay for. Of course you’d be mad, and probably cussing too.

Let’s recap real quick.

You have the video above, watch it. Watch it as many times as you need to. Just simply watch it and draw your own conclusion.

You have the audio recorded statement from Desiree Kemp: Desiree Kemp Audio Recorded Interview 10 07 2009 Listen to it as much as you need to!

You have the audio recorded statement from Kendrick Hardrick: Kendrick Hardrick Interview 20091006_194407_192.168.0.14,10058 Listen to it as much as you need to!

All of these pieces of evidence add up to something vastly different than what you are being told. Think for yourself. You don’t have to be told how to look at this. Just carefully examine these first pieces of evidence, and carefully consider what they mean. Then we will move onto even more evidence that supports our position about what happened to David Riley on September 29, 2009.

Until then, stay tuned.

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Written by Rick Gurley

August 17, 2010 at 7:51 AM

The Interesting Case Of David Riley; The Arrest – Part (1)

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After much thought and consideration, I have decided to do something that I would not normally do. I typically don’t share my cases with the public. In this particular case, I believe that the public needs to be made aware of how an innocent person can be coerced into entering a plea to a charge that they are actually not guilty of. I believe that it is necessary to show these types of flaws in our Judicial System so that perhaps something can be done to correct them.
This post is about David Riley, a resident of Columbia, Missouri. Now before I go any further, I want to say a few things about David Riley. David Riley has had a rough life all of his life. David came up as an abused child and has made some bad decisions in his life, that have had some bad consequences for him. David Riley is not what one would call a “personable fellow”, he is “stand-offish”, and has a “rough exterior”. It is easy to want to dislike David Riley. But at the core of his personality, despite his exterior he is a generous person that does care about others. Make no mistake, if you were to meet David Riley and talk to him for just ten minutes, you’d probably come away not liking him. But you also would not have an accurate read on who David Riley really is.
On 09/29/2009 David Riley and Desiree Kemp went to the Ultra Mart at 2102 Paris Rd., Columbia, MO. 65202 to buy beer. David Riley had been drinking alcoholic beverages throughout the day. David seemed to be intoxicated, but he was not doing anything illegal. David had a designated driver that was sober. This was just a typical day for David Riley. He had been working at this car lot, had gotten off of work, started drinking, ran out of beer and went to the store to buy more beer. David Riley had a financial means to purchase his beer; he purchased his beer with a credit card. David Riley was not “broke” or “poor” by any means, he lived an above middle class lifestyle. On this night David Riley became the victim of what appears to have been an overzealous Police Officer that seems to have made some mistakes this night in question. Below is an inaccurate article from the Columbia Daily Tribune about what happened to David Riley that fateful night:
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Written by Rick Gurley

August 12, 2010 at 2:35 PM

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