Wednesday, September 10, 2008

 Kim what are a victims rights? We have had several conflicting comments made to us about what in in my dads file regarding statements that we made. When in fact the statements are incorrect and we have asked for verification that the file is corrected or proof that in fact the statement was made.  When we have asked for a copy of our statement we have been told no because it jeopardises the case(our own statement?). The detectives have said conflicting statements, which are true? There has been affidavits given to the Sheriffs office, non of the people have been contacted, and the district attorney said he had not seen them. I called the coroner and asked what the final results were and they said they had finished and was recommending homicide. But when I spoke to Mike Rushton he stated we would not want someone in jail for having a fight and someone had a heart attack. I spoke to my dads doctor and he confirmed my dad did not die of a heart attack. 

What is being done about the murder of my dad? What legal help is my mother 72 and has lost every thing getting?. This situation is a crime in it self. I really need your help. Where can we go for justice in this situation? 

My dad did not have a fight. He was attacked. The glasses show only dents no scratches as he went face down and never moved while Ty chocked him several minutes, with my dads wife begging him to stop. The only witness that was there also confirms this. I called Jesse Martinez two days after my dad died and told him about Ty's dad teaching wrestling as a coach in a high school in Norco. He said Ty admitted to using a chock hold on Nye, and admitted he was a wrestler. 

I gave my dad's resume and several statements from my dads work associates that he does not fight. Also giving  permission to the Sheriffs office to call any of his past associates. He is well known. He worked in a stressful environment as a race car crew chief. He managed crews of people with big ego's and knew how to handle them. He was a fireman in the past, and president of the water district where he lived for eight years(which anyone can tell you is stressful). 

Ty is trained in wrestling, pitches baseball, lifts weights. Is a know and convicted drug user, and known hot head. He knows what is dangerous moves and admitted to using a chock hold on a 68 year old man that he jumped on. 

The investigating sheriff Jesse Martinez when he came to see my mother and my self stated that Ty was not drug tested at the site. I asked him who made that decision and he said he did. I asked him how he could decide that after my mother had told them Ty looked like he was on drugs. He said he is on medication, and he was the one that was there and made the decision. He stated that they are not doing a investigation because the DA believes my dad had a heart attack after a fight.   

I finally got through to Bob Doyles office after repeated attempts to contact someone. When he called me he stated the file said my dad chocked Ty
. Then the two detectives Dan Wilheilm and John Shultz met with Dave Clark and myself. They state that the file also says my dad took off his glasses to fight and tried to hand them to my mother, and  that she tried to hand them back. They state that my dad left the glasses on the seat. This never happened, and I asked them where they got this information. They said from my mothers statement. I requested for a copy of my mothers statement. They said it was on recording.  I said that was even better, and requested a copy. Which they refuse to give and say it japordises the case. My dad had his glasses on till he got home to wash his face. They also stated my dad went on Ty's property, which is not a true statement. Dan and John also stated Ty was drug tested at the time of arrest. I asked about Jesse saying he was the detective at the site and did not test Ty. When I gave the run down about Ty to Dan Wilheilm and John they said I was not telling them anything new, that they already know that about him. 

When I met with the DA Calhoun she stated that at the scene she had made up her mind that this was a fight and my dad died of a heart attack. I asked her about the coroner's report recommending homicide as I had called them before seeing her and she said she still will not charge Ty with homicide. She said why isn't anyone else dead from conflicts with Ty? And she also stated that my mother had kicked Ty. Ty had two against him. My mother is 72 has asthma, high blood pressure, and a heart issue. DA Calhoun also stated she did not know anything about Ty wresting, or playing baseball. 

When I called the coroner this last Friday stating that we wanted to make arrangements for a second opinion on the report they said that was impossible. They would not release any information to anyone.  I asked for a statement of the final decision and they refused. 

I have gone to the probation department asking why Ty was not charged with breaking probation. He is even out without bail. I called the courthouse and asked if the judge knows what happened and they said no because he is on summary probation. I asked if I could report it and they said no the DA has to. They said summary probation is without supervision or anyone to report to. This was confirmed at the probation department. 

Ty does labor work such as chopping trees, moving debris on the property two doors down from my mother's house and waives to every one as they drive  by. Including my family. The detectives and court minutes say he has a medical letter of being sick. 

Three days before he killed my father he did a job of moving large cement chunks from a neighbor of his house.  

He did another side job of construction work and left the job to go to a baseball game every week as he stated to his employer he was a pitcher for them. (showing he has strength in his arms). 

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