Saturday, July 11, 2009

WARNING - STAY OUT OF ST. AUGUSTINE!

WARNING - If you go to St. Augustine and are assaulted, robbed, abused or threatened by a St. Augustine resident or merchant you better not call the police. They will likely cite you and/or warn you against trespassing. If you push it you might be arrested.
Before going to St. Augustine, please read my statement below and refer to the previous blog post dated 7-2-09. (Note the photos at the end of the post. I will be updating them soon with new photos of my injuries)

Regarding the assault at 32 Spanish Street on 7-01-09:

I have read the complaint affidavit filed by Officer Davis of the SAPD and wish to add the following statement for clarification and to correct some false statements made by the perpetrator and his accomplices.

At the meeting were myself, my wife Patricia Pleasant, Ed Slavin, Jamin Rubenstein, Molly Hammond, Casey Leydon, Marsha McNabb (at her home) and Terry Buckenmeyer (who left before the end of the meeting and did not see what ensued). Also present, not participating was a young man who was unknown to us who apparently lived in the house in the front.

As stated in the original affidavit I had a polite disagreement with Mr. Leydon. Actually he had claimed (twice) to be able to lay a check for $500. on the table to cover our costs for printing the next issue of The Collective Press. Having heard this at a previous meeting, I asked Mr. Leydon to do it. He instead took a plastic card out of his wallet and threw it down on the table. I said that's not a check and, standing to leave I said to my wife, "I've heard enough of this, let"s go." I turned and walked toward the door. As my wife gathered her notes and a balloon she had been given by Mr. Slavin for her birthday, I opened the door and stepped out onto the stoop outside the door.

Mr. Leydon had rushed around my wife and slammed the door shut behind me yelling loudly, "Git the fuck out of my house!" The door opened and I turned, expecting my wife to join me and instead Mr. Leydon had gotten in front of her and stepped past her into the doorway. He immediately yelled again, "Git the fuck out of my house!" and struck me hard on the chest with both hands, pushing me forcefully backwards down the steps. I fell backwards, turning and falling over a large crockery plant pot that was on the stoop and I spun and landed on my right forearm, both knees and my chin on the brick walkway four steps below. My wife dashed past Mr. Leydon yelling, "What did you do? Why did you push him?" and she came to help me up. As she tried to look at my profusely bleeding injuries (see photos) I walked painfully to the street and called 911, asking for the police.

Before the police came I saw a neighbor from across the street come and speak to Mr. Leydon. I believe he also went inside and spoke to Marsha McNabb. This is the person who claims to have seen me going back up the steps and trying to get back in. This is a total lie and a fabrication. It is a conspiracy to give credence to Mr. Leydon's claim that I was the aggressor.

The lies are self evident. The person across the street could not possibly have seen the doorway or what happened there. It was 9:00PM and there was tree foliage and the corner of the front house obscuring any view from his vantage point.

Furthermore there was no noise or yelling until Mr. Leydon yelled at me and slammed the door. And of course my wife yelling, "What did you do? Why did you push him?" It was after that when the neighbor came to see what was happening. And then he spoke to my assailant only.

As to Mr. Leydon's claim that I resisted leaving, everyone present knows I was already leaving, anxious to be gone actually, and had no desire to go back in. I never did go down the steps and back up. Why would I? Also I am known to be polite at all times and while I am often confrontational, even with government officials and police when they act wrongly, I never use force. I have never been arrested nor even had a moving violation in over fifty years of driving.

My experience with the St. Augustine Police Department has been limited to one other time when I called to report an assault on me and my news gathering tool (Camcorder belonging to Fox News Jax) Officer Barry Fox had me write a long description of the assault and then issued a trespass warning against me banning me from ever walking on the sidewalk next to The Spanish Garden (a public walkway) and did not cite the merchant for the assault.
This seems to be a similar case of the police failing to act and hiding the misdeeds of a downtown merchant. (The assailant in this case, Mr. Leydon, is an artist with a studio in front of the house at 32 Spanish St.

There is ample evidence to refute the claims of Mr. Leydon, his girlfriend, Marsh McNabb and their neighbor, false witness Mr. Bucella. There are also witnesses who were inside the residence who, although reluctant to come forward because of the publicity involved, could be subpoenaed and presumably would not lie in court.
All of this matters because:

1. Assaulting a senior citizen is a serious felony in Florida. A person who would purposely, violently push a 68-year-old, known heart surgery survivor, down a flight of stairs onto the pavement below is a serious threat to others. He could go off on someone else and do even greater harm.

2. The pain of torn flesh, as visible in the photos. will be with me for months. Every time I rest my right arm on something or bend either knee, I am reminded painfully of this incident. All Mr. Leydon has to live with is his shame and I'm sure he is shameless. He does have a record of wrongdoing and criminal acts. (Google him)

2. The lies told by Mr. Leydon, his girlfriend Marsha McNabb and the neighbor are false statements in a police report. I believe they amount to conspiracy and collusion.

3. The failure of the police to arrest Mr. Leydon and lending credence to his lies in the police report, even supported by a false witness, is a grave injustice. Not only does Mr. Leydon get away with the assault but he is allowed to continue believing he is above the law. And others are endangered by his violent temper.

4. The SAPD can continue to settle disputes on the spot as they see fit, issuing conflicting reports and taking no action. It should be noted that Officer Davis was heard inside the residence trying to convince Mr. Leydon to file charges against me (his victim) which at that time Mr. Leydon declined to do. Apparently the officer later succeeded.

Now I am in a dilemma. I am afraid to go downtown lest I be again assaulted by Mr. Leydon for trying to get the truth out. The personal injury attornay I called said it's a criminal matter. The only criminal attorney I know said I must wait and sue for damages in a lawsuit. I cannot afford to hire an attorney.

I am a retired, 68-year-old heart patient being kept broke by pharmaceutical costs and medical expenses which are not fully covered by Medicare.
And I need help.

Thank you for reading this.

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