The following contains parts of the actual motion filed against the Clark County Response Office.
On November 6th I was advised by the Clark County Public Response Office, (hereafter referred to as PRO) that my property was in violation of County Code. I immediately began correcting the problem that very day. I rented a moving truck on three separate occasions totaling over nine-hundred dollars in rental fees. See exhibit (A).
Additionally, I rented two 10x10 storage sheds and one 10x20 storage shed to relocate the property that PRO instructed me to remove. Also, I rented a large orange dumpster from Republic Services and filled it up over an eight day period. The project brought me to near bankruptcy because of the demands from the County. On February 25th PRO Cindy Lucas visited me at my residence, noted the progress and granted me an extension of time to complete the project. At that time, I asked Cindy Lucas if it was okay to keep parts in my shed. She acknowledged that this would be acceptable if the items were not a fire hazard. Therefore, I went to Home Depot and purchased the materials to construct two storage sheds. See exhibit (B).
With hired help, I was able to construct the two sheds within the extended period and began moving my property into the sheds. When PRO Cindy Lucas returned, I escorted her out back and pointed out the progress in the yard by showing her the sheds and the items we placed in them. I showed her how the dirt bikes were neatly organized all together and my race parts in storage containers were neatly covered up by nice new white tarps.
We went out front and I showed her how well it was cleaned up and she noted all of the items that were in the street from the back yard, ready to be taken to the dump. Unfortunately, there was nothing I could do to satisfy her demands. She couldn't make up her mind as to what I could keep on the property and it was obvious that she was focused on serving the Warrant. She looked around and said that I had better get whatever I wanted to keep, out of here. (Remember, the items she is talking about were behind a 6 foot walled back yard, just like they're supposed to be).
She then advised me that she already had the Warrant signed and would be serving it within the next day or so. Officer Lucas was determined to take my property no matter how clean it was.
AFFIDAVIT IN SUPPORT OF WARRANT DID NOT SHOW THE FINISHED WORK, PROPERTY WAS NOT IN VIOLATION WHEN WARRANT WAS SERVED
On March 23 Clark County Public Response Officer CINDY LUCAS was granted an Administrative Seizure Warrant signed by Judge, James Bixler.information contained in the Affidavit in support of said Warrant was false information regarding the alleged situation. Applicant, Cindy Lucas submitted information that would lead the Court to believe that the property had not been cleaned up. Officer Lucas failed to submit current pictures of the property after it was cleaned up and maliciously submitted pictures of the property that were taken before the clean-up had been requested.
Cindy Lucas also withheld information from the Court concerning the actual progress that had been completed by failing to mention the construction of the two storage sheds that were built. These sheds were built exclusively so that the items Officer Lucas was concerned with could be stored inside and hidden from public view.
By knowingly submitting false information and pictures, Cindy Lucas obtained a Warrant and removed countless items of value from the back yard of the residence. The majority of the items that were taken were special parts related to the Automotive Racing Industry and are considered recreational items for off-road racing use. The Motorcycles that were seized from the residence were all manufactured for off-highway usage and therefore are exempt from any required vehicle registration. Only one motor bike at the residence was made for the street and it was simply a parts bike.
The 1969 Camaro that was towed from the driveway of the residence was also a racing vehicle, therefore making it exempt from registration as well. I have attached the pictures that Cindy Lucas submitted as well as pictures that show the progress we made with the yard. They are marked exhibits, (C thru H) and they are before and after pictures of the property.
In addition to Officer Lucas obtaining the Warrant with falsified information, she completely disregarded her position in the serving of the Warrant. Officer Lucas failed to remain at the residence or inventory the property as it was removed from the back yard. Prior to the Warrant being served, all of the garbage from the back yard had been moved to the street for disposal. See exhibit (). I even threw away items that held a substantial value, just to satisfy the PRO.
The front yard was completely cleaned up as noted in exhibits () Since there was no trash on the property, Officer Lucas simply started pointing at the areas in the yard containing boxed and/or crated property that were neatly stored and instructed the crew to bring them out front to load them into an Orange Dumpster. She did this without even looking into the containers to establish their contents.
When Officer Lucas pointed out some items that were supposed to stay, the Metro Officer that was at the scene, Sgt. Montaros, spoke out and said, take it all! Officer Montaros is not the code enforcement officer and he had no authority to make such a call. The workers that were instructed to remove the property could not believe that they were being told to throw the items away. One individual even stated that the whole event was ridiculous and that there is no way this could be legal.initially, the items were being stacked into the dumpster carefully as to avoid damage to the property, but the last items were thrown into the bin with no concern for their welfare, indicating that the items were not being returned. Officer Lucas has no clue as to what these items are worth.
Each storage box that the County took from my property contained items that hold more value that most peoples jewelry. With complete disregard to my belongings, Officer Lucas departed the residence at 10:30 A.M. Leaving the execution of the Warrant in the hands of the civilian work crew.
Officer Lucas only returned one time for about ten minutes and left never to be heard from again. No return list was left at the residence or any type of inventory at all. When telephoned, Officer Lucas said that she was going to get the inventory from Quality towing and put it together. As of May 12th we still have not received an inventory for the property that was taken to Quality Towing, or for the numerous items she had her private company remove. (It should be noted that Officer Lucas just happens to be friends with the person that she had remove the property).
I also asked Officer Lucas why she submitted old pictures of the residnce and she stated that she applied for the Warrant a long time ago and those just happen to be the pictures she had. METRO DETECTIVES HELP EXECUTE THE WARRANT?
Before Officer Lucas even arrived at the residence, two detectives approached the house and demanded that the residents come forward and identify themselves. It should be noted that the Warrant was only for the outside property, therefore giving the officers no authority to demand everyone out of the residence. While standing outside with the officers, I informed one of the officers that there were tools under the hood of my car that they were taking from my driveway and that they should be secured before it began to travel.
He replied, (I'm sure they'll figure it out soon enough), indicating that maybe the driver would notice when tools started to fly off the truck going down the road. With the tow truck driver being only fifteen feet from where I was ordered to stand, I simply told the tow truck driver that there were tools under the hood that he might want to secure. He acknowledged and said thank you.
At this time, Officer Montaros said he was taking me to jail for obstruction of an officer because I spoke to the tow truck driver. Officer Monteros also took my girlfriend to jail simply because she asked why I was going to jail. Officer Monteros was present only to keep the peace as instructed in the Warrant. For some reason, he thought that he was running the show and completely disregarded the fact that he is employed by the Public and represents the City we live in. Officer Montaros has had a problem with me ever since he found out that I have a child from a girl that Officer Montaros has been trying to seduce for several years now. He was way out of line and I was embarrassed to think that he stands for our City.
Dirt bikes and cars get impounded for being on the property
In an earlier conversation, Officer Lucas told me that every Dirt Bike that was in running condition could stay at the residence. During the execution of the Warrant, Officer Lucas told me to start the motorcycles. After starting only three bikes, Officer Monteros stepped in and told me to go out front and that I was in the way. Therefore, those three bikes were the only ones left behind although several more could have been started.in addition to the nineteen Dirt bikes that were taken, there were four minibikes belonging to my children and my riding lawnmower that were impounded as well.
We have video of how these items were transported and piled on top of each other on one flatbed trailer. All of the matching pieces to these motorcycles were thrown away in a dumpster on the same day they were taken. The tow yard considers each bike as a single vehicle and expects the normal impound fees for each one individually. Also, three cars were taken that were parked legally in the driveway of the residence.
There are other items that were taken from the residence that were valued at over $260,000.00 which Officer Lucas directed the workers to dispose of. See exhibit (I). I have a full video of this event showing all of my property being placed into the orange dumpster by the County contracted help. If you know of anyone that has had problems like this, please have them get in touch with me.
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