29 March 2008

The released Bruce McKay files reveal violation of vehicular pursuit policy, "misrepresentation of facts" & unprofessional conduct noted by KingCast.

Scans tomorrow afternoon in blue.
First of all Angela McKay's Restraining Order is not complete and contains only the two page dismissal. It is Littleton Family Division 1998-0009 so if my posse would be so kind as to round up the rest of it I'd be much obliged.

Second is Policy D: Pursuit Tactics:
(3) Officer shall not attempt to overtake a fleeing vehicle.

(4) Officers may not intentionally use their vehicle to bump or ram the suspect's vehicle in order to force the vehicle to stop or to be pushed into a ditch.

Pursuit shall be immediately terminated in any of the following circumstances:

(E) The suspects identity has been established to the point that later apprehension can be accomplished, and there is no longer any need for immediate apprehension.

What part of that did McKay not understand? Over a damn inspection sticker? Something in the water does not compute. I hate this guy -- he also violated the OC Spray policies and then he died.

Next there is a 6 Oct. 2000 complaint one and two by Franconia Fire Department George Whitcomb that was followed up on 17 Nov. 2000 with no response. Mr. Whitcomb wrote that McKay exhibited unprofessional and imbalanced behaviour, i.e. training an "extremely bright" spotlight on him that was frustrating his attempts to secure the scene. Twice asked to turn it down McKay said, "And I quote: If you ever touch my cruiser again you will be in more trouble than you can handle." Then he went south through the accident scene at a high rate of speed that was "totally uncalled for." Mr. Whitcomb was "curious why he was even at the scene as I don't recall hearing anyone involved ever calling for him."

Nice guy, that Bruce.

**********

Franconia Fire Department Chief Harvey Flanders (a former Police Officer himself) wrote Chief Montminy on 30 October 2000 and dressed McKay down:
1. "McKay needs to have a clear understanding of the proper protocol at an automobile accident scene... the commanding officer is in charge... per RSA 154:7

2. The Chief needs to be aware of the misrepresentation of facts in Officer McKay's log and report. Please see Officer McKay's log vs. Grafton County Dispatch radio log which I have supplied to you and the report referencing incident #00-558-OF."

I have requested a meeting numerous times with you, Officer McKay, George Whitcomb and myself to discuss this event."
cc: Town of Franconia Selectmen

Now can anyone doubt the Troy Watts email to KingCast saying he filed an unanswered ethics charge against Bruce McKay?

************

Then there is the Affidavit I filed in KingCast v. Ayotte et al (Grafton 07-E-268) on behalf of a Mother whom I promised I would not directly reveal her identity but who said that Bruce flaked out on her and was allegedly suspended after he misperceived some biker activity at Hillwinds Motor Inn.

To make a long story shorter, she wasn't lying even if McKay was not suspended. Trooper Todd D. Landry wrote on State letterhead one and two:
"If one is in pursuit, how do 40+ motorcycles get strategically placed on the outside perimeter of a parking lot and no one gets arrested or summonsed when it is clear that the suspects are the ones that are present?"

More on this later. I need to take a break to get my head together after reading this and knowing that there is stuff worse than this in the documents they weren't compelled to give me. All of this done with the tacit approval of NH AG Kelly Ayotte of course.

And this just in (again): Remember the Tim Stephenson complaint and lawsuit against McKay? This is the sanitized version but the Real Deal you can't find on the Internet anymore was that McKay put his hand on the butt of his service gun and told Tim he was gonna do "whatever it took" to get him out of town, oh yah.

Related post: McKay & Miller-Kenney Cat & Mouse I, II, III.
Related Video #1 "Bruce McKay was a bully..."
Related Video #2: "Slippery People."

29 comments:

Christopher King said...

Whitcomb wrote in his follow up letter of 17 Nov. 2000:

"I felt I was threatened by your officer and I still feel the same."

Now if firefighter Whitcomb felt threatened by Bruce McKay, small wonder that Angela McKay and Liko Kenney felt threatened by Bruce McKay.

Dammit this charade has got to stop.

Bruce McKay did a couple of good things in his career, but the rest of it is nothing but a blueprint for municipal liability as noted in the Danger Will Robinson post.

But what do I know about Police making citizens Victims of Violent Crime?

Plenty.

KingCast/Isreal v. Hensley and Rhodes.

V1996 61481 KingCast/Isreal d. Ohio AG Bloody Betty Montgomery, 6-0, 6-0.

Christopher King said...

Here's the kicker:

That vehicular pursuit policy is of paramount importance because it defines the standard of care owed to Liko Kenney regardless of the no-contact order that had been in place and how one interprets that. It was a red herring.

Ten-to-One Kelly knew about that Policy and counseled with her former sidekick (look at the picture) Dan Mullen to keep it on the Low.

But because the policy arguably defines negligence and how police must govern, it was clearly a public document.

So the failure to produce it, which trumpeting the video without mentioning the breach in the standard of care, and while working with Franconia to publish the 2003 video on the Friday before the Monday release of the 2007 video, and getting up with WMUR to show only half of it -- constitutes a orchestrated pattern and plan of Conspiracy to deprive the public of its Right-to-Know.

None of this was an oversight.

She should be disbarred for that, just like Mike Nifong.

Just my opinion, as a Free Citizen I do have that right to say so, based on facts and reasonable inferences.

Christopher King said...

So let me float this out there:

Bruce McKay's violations of the Vehicular policies are a but-for cause of his death. Okay so you argue that Liko's "criminal" act was a superceding cause, but yet you can't categorically say that Liko committed a criminal act because like so many other people he was afraid of Bruce McKay.

See also State v. Huey P. Newton as linked in this post, "KingCast says Liko Kenney is not a murderer; he is the new face of Freedom from lies spewed by our government, including NH AG Kelly Ayotte."

That's why it was so important for Kelly to make sure the World knew that Liko's actions were allegedly unjustified.

She even got a former AAG to say so on YouTube.

But the problem is, all of Liko's friends and family will start testifying as to what they observed about Liko when McKay's name came up and what they knew or witnessed or heard him say, and some of that would come in to evidence.

Caleb Macaulay:

"Just to see the fear in his eyes, how scared, he was, he wanted nothing to do with this and it turned out so bad in both ways. He was a great kid, he really was, we were just trying to get home. I've never seen him so scared in his life."

Then you throw in the claims for damages to Liko in the seconds before he shot McKay and you wind up addressing the issues of negligent hire, retention and supervision. And McKay clearly violated Liko's Civil Rights at such time as well as the clearly articulated standard of care -- just as he violated his Civil Rights back in 2003 so there you go the Attorney fees.

There you go the park bench.

There you go exposing the corruption so the Whole World will know the appropriate legacy of Bruce McKay, and not Martha McLeod's dumb-assed Bruce McKay highway HB 1428.

Somebody has got to sue these guys. Hell if I have to Petition Ohio, start some fundraising, get my license back and do it myself after waiving in (I had 5+ years so I can waive into NH) I'll do it my damn self.

After all, who knows this case as well as I do?

Not many.

I'm ready.

42 U.S.C. 1983 is my highway.

*********

PS: McKay pulled the same light in the eyes abusive behaviour he did with Mr. Whitcomb in 2000 with Liko in 2003 and Liko tells him "don't shine that light in my eyes, please"

20:43:40

Anonymous said...

Let me get this right, McKay violates written policies, gets killed doing it, and becomes a hero in some eyes? This is SO warped. Is Liko's family pursuing legal action on this? I hope they would be.

Anonymous said...

King quote at 9:20:
Somebody has got to sue these guys.
Yes, Liko's family.

What McKay did was terrible, wrong, provoking, and contributory to his own death.

I'll ask once again: Had Liko lived, how do you suppose the courts would have prosecuted him, given all the harmful, unmanaged actions and intent of McKay?

Is there an exception/explanation/justification in the law's eyes to murder - would mitigating factors (such as fear) be considered?

And if you can answer that (without sending me on a wild goosechase to other links), what could have been a satisfactory result for a legal decision in favor of Liko and against McKay?

Thank you for your consideration.

Christopher King said...

4:52

I'm not certain what they are going to do about it. My efforts are to expose the Truth and offer my qualified opinions.

When I say it's a blueprint for municipal liability I mean exactly that. And I think that people like Ms. B have a valid claim that could beat the Statute of Limitations because they did not know, nor should they have known, that McKay was being so negligently managed.

Remember the unanswered complaint from the Fire Chief for Crissakes.

It's a deplorable situation and I told them a LONG time ago that the blood of Liko Kenney and Bruce McKay will wash over the collective souls of anyone and everyone who in any way failed to Do the Right Thing.

They can wash up and put their suits on and go to work, function normally and all of that but they are the walking dead, and their souls are owned by Lucifer.

Just my $.02

Anonymous said...

To continue, the fact of the matter is that Liko's family, all interested parties, and the community are dealing with this issue in real time.

Liko Kenney isn't here to be tried, and he never will be.

McKay is also dead and cannot be tried for his actions.

So the goal of any legal action on behalf of Liko would be to right his reputation and honor the value of his commitment to his rights/our rights?

Can that end goal be achieved in a court of law? Or can it best be achieved by attempting to break down the archaic buddy system and policing that is in place in these small communities?

Would a monetary award be a true victory at this point? How can this matter be fully, if ever, rectified by the courts?

What is the first process...the next process...the most important process to achieve better policing?

Christopher King said...

5:48

Go back up to that reference to Huey P. Newton.

Here's the ultimate link.

Also, Liko's fear alone, as contemporaneously articulated by Caleb, nullifies any notion of "cold-blooded murder" popularized by Kelly and WMUR and Union Leader. Any first year law student or law professor will tell you that.

It would be manslaughter at WORST, but given what Liko knew about McKay and how McKay violated both of those policies I think Liko would have walked on a murder rap.

Enter Kelly Ayotte's hero Gregory Floyd, because gosh knows Kelly's got a hard way to go on her other Attempts to Kill Killers, she just got a re-up on her finances to like $1M I recently read.

Christopher King said...

5:57

So the goal of any legal action on behalf of Liko would be to right his reputation and honor the value of his commitment to his rights/our rights?

.....Precisely. And frankly, to punish the town for its history of malfeasance.

Can that end goal be achieved in a court of law? Or can it best be achieved by attempting to break down the archaic buddy system and policing that is in place in these small communities?

.....Oh, yah. Media would follow the case and the pressure from that will help them on their way once other legal scholars dig into the meat of the issues here, and I'll tell you there is serious meat on these bones.

Would a monetary award be a true victory at this point? How can this matter be fully, if ever, rectified by the courts?

.....Money becomes proxy for Justice at times. But again, it's not just the money (with which some charitable foundations should receive a lot of it) but the exposure. Exposure helps others stand up to fight. Note this morning's post from my Internet pal Izzy Figueroa, who got a First Amendment victory for her Honor Roll daughter wrongly suspended for wearing a coloured sweater (that's expressive conduct protected by the First Amendment).

What is the first process...the next process...the most important process to achieve better policing?

....First process is, we need a licensed attorney in NH and we would need the family to hire said counsel. As I say, I don't know where they are with that, it's a huge thing but well worth it and this litigation has identified the Hot Spots.

I've spoken with Attorney Crnilovic about it because she can waive in. If I hit the lottery and pay off Ohio's Court costs I could waive in, too. Probably a lot easier to let her take the lead and I clerk it. She does a lot of court-appointed criminal work in Mass and is in Hotlanta right now at a criminal seminar.

We shall see.

Anonymous said...

Finally, isn't Floyd the most important feature of this mess, given he is alive and can answer to his actions?

I guess, at this point, I'm lost in the direction and effort of the masses here and on Topix. What is the most significant point of focus today?

Obtaining documents is an exceptional achievement...thank you so very much. Now, you need some help here. Who will assist you? It's not a one man job.

I like the steps you are pursuing toward investigation at a higher level - the FBI.

I would hope that, ultimately, Floyd could be tried for killing Liko Kenney.

While we can understand and explain Liko's REACTION to the abuse from McKay, we cannot justify murder in a moral sense.

Likewise, Floyd might feel he had his reasons, and offer an explanation for killing/murdering Liko Kenney, but his actions cannot be justified, either, and they won't float in a moral sense.

He needs to be held accountable by the courts, just as Liko Kenney would have been, had he lived.

Anonymous said...

clairifcation of my post at 5:48

Is there an exception/explanation/justification in the law's eyes to murder - would mitigating factors (such as fear) be considered?

Restated: Would Liko's fear be considered the most important factor by the courts, had he lived, in justifying his shooting of McKay?

Christopher King said...

6:14

Thank you for your insightful questions and I'm sorry if sometimes the links are a pain, but this blawg is my legal database so sometimes you have to bear with me.

I would hope that, ultimately, Floyd could be tried for killing Liko Kenney.

.....Yah, absolutely but we need a special prosecutor because Kelly already gave him a pass. But remember, he never stood trial so there's no Double Jeopardy attached and their is no Statute of Limitations on murder.

......He also needs to face the music about lying in the investigation and Obstruction of Justice for telling the police they couldn't talk to his now-arrested-for-theft son because he was 17. Thanks for reminding me of that, I'll be sending a memo to Kelly about that one.

While we can understand and explain Liko's REACTION to the abuse from McKay, we cannot justify murder in a moral sense.

.....I'm saying in a legal sense that it was not murder, and probably not moral, either. What would Mill say. I know what Mill would say.

Likewise, Floyd might feel he had his reasons, and offer an explanation for killing/murdering Liko Kenney, but his actions cannot be justified, either, and they won't float in a moral sense.

.....Nor will they float in a legal sense because he was not killing Liko to save McKay; he was killing -- murdering Liko to murder Liko, IMHO.

Remember the bullet hole that Kelly never addressed. He started shooting at Liko's car from across the street before Liko was even driving towards Floyd and McKay.

And then there is of course the pending KingCast FOIA request to the U.S. Attorney General on why in the hell Floyd keeps getting a pass on 18 U.S.C. 922(g)(1) Felon with a gun.

Somebody will show up to help me over the course of time. And if not, I'll just keep plugging away myself.

And if nobody does then we can safely say America gets what it asks for.

Christopher King said...

6:25

I think it's three things:

1. Liko's fear.
2. The involuntary state of unconsciousness and shock produces a survival reaction.
3. All of which was brought on by McKay's blatant disregard for clearly-articulated policies on Vehicular Pursuit.

Think of how differently the Country would have viewed this case had that document been made public. In my estimation and opinion, Kelly and Franconia conspired to hide it, and to me that's a crime in and of itself that should result in her disbarment.

And remember: Liko might have been a "high school dropout" but he was no dummy. He proved that in the second half of the 2003 video that Kelly and WMUR failed to show to the World public.

As McKay is going through his paces in 2007 Liko is sitting there thinking "damn, that's against the law.... what is he going to do next now that he's got me pinned in behind this low boy..... bashed and maced without a verbal command....."

Anonymous said...

Chris at 6:30 and 6:40 -

Thank you for your complete responses. I've finally looked back to the Huey Newton link which is invaluable, and was originally posted during a time I was away.

In missing it the first time, I've accused you of avoiding these questions in the past, when, in fact, you did address them.

I'll reread, absorb and process the information you've provided.

I firmly believe that Liko never intended to harm, shoot or kill McKay.

DTRT continues to denigrate Liko's memory in every way on the Topix forum. She/he brings negative energy to the proper focus of fact-finding, and, with ill intent, is capable of contributing to irreparable harm in making progress toward healing.

I would encourage everyone who believes that positive change can be achieved should speak up freely, continue to uncover and share information, but minimize interaction with DTRT in order to avoid showering her with the undue attention she craves.

Christopher King said...

7:51

Right on right on no offense taken. See, unlike the government I actually try to provide answers.

Bruce McKay was clearly a dangerous instrumentality and Franconia knew all about it. This tragedy should be taught in all law schools in Constitutional and Criminal Law classes for its First, and Fourth Amendment implications, and that is going to be part of what I strive for in the coming years as well.

As to DTRT
1. A tool
2. Likely a male LE
3. A tool

Peace, love, aloha, namaste.

Anonymous said...

Chris at 8:23
Just one more thought...
You have been a steady and present influence in this matter since the beginning. The proof and evidence of your diligence, integrity and success on behalf of the late Liko Kenney and for his family is documented here and in the responses to your motions.

I would urge the Kenney family to consider engaging you, in some capacity, as part of the legal efforts going forward.

I would encourage fund-raising on your behalf to bring your license current. I do not ever fear your intent to self-benefit beyond reasonably fair employment, as profiting has never been fundamental to your purpose.

Peace, Aloha and Namaste in all the traditions they represent...

Christopher King said...

9:49

My life is a curious animal; the only times I set out to make money for money's sake I wound up in telecom with good results in Columbus, Va. Beach, Dallas and Pittsburgh, until 9/11 killed everything as we needed to secure riser space in buildings, and no way was that gonna' happen after 9/11.

Let's not even get to American Tower Corp after that, what a travesty.... which led me right back into Civil Rights as the KingCast movie "American Lawyer III" illustrates.

As to the Kenney/Miller clan my respect for them is well documented and heartfelt and the coincidence of me preparing to attend Tamarack Tennis Camp prior to Kelly's run at me a couple of years ago cannot be a coincidence.

Again, I'm not certain of what their plans are beyond some old news stories involving Mark Sisti. I have never met Mark Sisti or even spoken with him. I do this because this is what I do, but if there is to be litigation I'm certainly down for the Cause.

And we keep on keepin' on, Sir/Madam in the Spirit of Liko Kenney and Mother Ann as explained herein.

Christopher King said...

Holy cow.

I just re-read that post.

Talk about prescience.

Christopher King said...

One more thing:

Liko should never have had to deal with McKay given the '98 Restraining Order and his other proclivities as well documented at Hillwinds and with the Fire Department where he threatened a fellow Town employee.

And if they say "he fixed all of that and he was a Good Boy now that he's on his medication" well that doesn't play in Peoria because Troy Watts proved he was still lacking integrity in 2006 when he wrote the Ethics Complaint about him as noted in the email he wrote me.

BTW Franconia Counsel Mullen blew it with the medication letter noted above. All he had to say was that it was a "personal medical issue" instead of "medication information" but now if there is litigation that may come out because it's different than Right-to-Know/FOIA litigation.

Anonymous said...

As I see it McKay also violated #3 for overtaking the vehicle he was pursuing.

Christopher King said...

5:31

There you go, thanks! I am obviously a sorry-assed advocate. How dare I miss yet another McKayism.

I bet I've missed more than that, too....That's why I must engage others in the Pursuit of Justice. It works out nicely.

BTW here is a response to the sweater post:

5:11

System tried to take me down 7 times against this blawg alone.

But being a former AAG I know the system.

Without knowing the system you cannot beat them.

My father took shit for being an "Uncle Tom" but he was none of that when he moved us to the burbs and sent us to prep school.

He and my mother were being prescient.

Anonymous said...

Maybe you need to start a fighting fund in this case and have a link from a youtube page with the video of McKays illegal actions against Kenney, explaining the history and fear of Kenney at the time of McKays attack. Im in Australia but Id be happy to donate to a fighting fund for the Kenney family, I have friends that are cops but corrupt cops in small towns using the buddy system need to be cured, if thats ever possible.

Christopher King said...

That's a great idea. I know people who know the family. I will approach.

Meanwhile I got my own money issues.

My Paypal button is at the top of the blogroll links.

Peace.

PoppaPumps said...

You are vilifying an officer of the law. Justifying the killing of the officer and somehow Liko Kenney is the hero here? I agree that officer McKay should not have pepper sprayed Kenney, but let us not forget their past history. Let us not forget that at this point, Kenney had already fled once. If an officer ever pepper sprays me, I can assure you that thoughts of killing the officer will not enter my brain. Kenney was a sick man. He was one fry short of a happy meal no matter how you look at him. Personally, I find that what youre doing is even more disturbing that what Kenney did. Youre just a bug on the windshield. Nothing but an opportunist trying to make a name for himself. I do not wish to live in a society where the criminal has more rights than I do. After Kenney killed McKay, its open season on his ass by whoever can bring him down as far as I am concerned. Kenney alone held the real power to make this end any innumerable ways than it did. I hold him exclusively responsible for what transpired. Had he been a polite individual, even an asshole cop would have written his citation and both would have slept at home that night.If we are just allowed to kill people because they are assholes....I mean come on man! You arent even trying to be logical.Weve seen the dash cam film. Kenney was an arrogant s.o.b. You know this though Chris. You are just stirring the pot. In a world of lawyers that gets paid in Mercedes-Benz, youre bragging about a Yamaha. Where did you get your degree anyway? Walmart probably.Kenney deserved the death he got. McKay did not.

PoppaPumps said...

You are vilifying an officer of the law. Justifying the killing of the officer and somehow Liko Kenney is the hero here? I agree that officer McKay should not have pepper sprayed Kenney, but let us not forget their past history. Let us not forget that at this point, Kenney had already fled once. If an officer ever pepper sprays me, I can assure you that thoughts of killing the officer will not enter my brain. Kenney was a sick man. He was one fry short of a happy meal no matter how you look at him. Personally, I find that what youre doing is even more disturbing that what Kenney did. Youre just a bug on the windshield. Nothing but an opportunist trying to make a name for himself. I do not wish to live in a society where the criminal has more rights than I do. After Kenney killed McKay, its open season on his ass by whoever can bring him down as far as I am concerned. Kenney alone held the real power to make this end any innumerable ways than it did. I hold him exclusively responsible for what transpired. Had he been a polite individual, even an asshole cop would have written his citation and both would have slept at home that night.If we are just allowed to kill people because they are assholes....I mean come on man! You arent even trying to be logical.Weve seen the dash cam film. Kenney was an arrogant s.o.b. You know this though Chris. You are just stirring the pot. In a world of lawyers that gets paid in Mercedes-Benz, youre bragging about a Yamaha. Where did you get your degree anyway? Walmart probably.Kenney deserved the death he got. McKay did not.

Christopher King said...

9:23

Bruce McKay violated policies designed to promote safety and he violated Liko's Civil Rights in 2003 and Liko and Caleb's Civil Rights in 2007.

As for Mercedes that's not my bag.

I have owned, in addition to a couple of Yamahas, 4 BMWs

533i
535is
528i
2002tii

All of them close to mint.

I went to Case Western Reserve University.

Wal Mart is where Junior Floyd got fired for theft, still awaiting trial.

Got that?

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Anonymous said...

Hey Asshole! Guess who just got busted for THEFT from the Franconia Fire Dept. Your golden boy George Whitcomb....lol

Christopher King said...

Hey asshole that's about as funny as your Golden Boy Chris Fowler's meltdown and termination/resignation, LOL on THAT :0

Now then what say you about the dozens of complaints against Bruce McKay for violence and other unprofessional conduct?

Oh, wait, I know: Just a bunch of hippies bitching....

LOL fool.