Affidavit Of Charles Chuang For Plaintiff Incident On 06nov2008 Arrest.

THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA

Kay Kim, Plaintiff, v. State of Indiana Attorney General, et al. Defendants.

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Cause No. 1:08-cv-1644-SEB-DML

AFFIDAVIT OF CHARLES CHUANG IN SUPPORT OF PLAINTIFF’S MOTION AND COMPLAINT INCIDENT ON NOVEMBER 6, 2008. 1.

I, Charles Chuang have personal knowledge of the matters contained in this affidavit.

2.

Kay Kim is a non violent and law abiding person.

3. On November 6, 2008 at about 10am while I was walking my dogs I saw Rhonda Heath parked her car at the first lot besides the trash bin far away from my building. She walked behind the garages and went inside Linda's House. At about the same time I saw the Son of Susan Sclipcea arriving in Linda's SUV. He then proceeded to Linda's house. When I was going into my unit I saw Patricia Ladenthin going into Linda's House. They were having a meeting in the house for a while. At about noon, the son of Susan Sclipcea was upstairs with his cellular phone. Rhonda Heath was outside the building main door. She continuously pressed my buzzer, which is clearly marked "#2 DO NO TRASPASS" several times. Linda Handlon's doorbell is marked "L Handlon" in bold blue letters. Kay Kim went out to check who is at the main door. I stayed at my door to see who is coming. Rhonda then abruptly pulled the door outward but Kay wanted to close the door because she did not recognize the person at the door. Ronda then forced the door open and claiming that she has the right to get in. He pushed Kay so that she can get inside the door. Rhonda started to shout and call Kay crazy. Kay did not hit her because her hands were on the door all the time. Then Linda and Patricia came out. Linda asked the person upstairs for "camera". I did not know if anyone had video taped the entire incident. Linda started calling Kay "psycho bitch" and tried to hit Kay with her fists many times but was suppressed by Rhonda and Patricia. The Son of Susan Sclipcea (4250 #5) called James Waters and within minutes Officer Gregory Wilkes arrived at the site. The officer who was dispatched by 911 was not there at that time. 4. When the Kay Kim was getting into her house Officer Gregory Wilkes followed her and repeatedly asked if she called 911. He also asked if Kay was on any medications. I answered “no” twice to his questions. Officer Gregory Wilkes then forcefully pushed his foot inside my door and his hand was on the doorknob. Kay asked him to get out of her property. He refused to leave and claimed that he has a right to come into my apartment. While this was going on, Linda

Handlon (4250 #4) opened her door. Rhonda Heath and Patricia Ladenthin (4250 #3) were standing next to her. In unison, the three of them alleged that Kay has hit Rhonda. At that instant Officer Gregory Wilkes grasped Kay and lifted her out of the house. He then threw her down on the floor. Kay suffered a severe concussion and appeared to have lost consciousness. Kay was in pain but Officer Gregory Wilkes intentionally pressed his knee on her back to cause bodily harm. He continued to handcuff her. Kay has never resisted arrest before and did not resist on this occasion. Her face was numb for several days and is still suffering from the headache. 5. Officer Gregory Wilkes dragged Kay by the handcuffs to the outside the building. Officer Gregory Wilkes claimed that the Kay was faking and could walk normally. He handed her to another police officer. When asked by the other Officer Gregory Wilkes told him that the wagon was already ordered at this point of time. Officer Gregory Wilkes came to my house with the intention to arrest her without a proper probable cause or court warrant. 6. Officer Gregory Wilkes then went back to Linda's house to investigate. At the car park the Son of Susan Sclipcea called Lt. James Waters on his cellular phone and Lt. James wanted to talk to the police officer present. The officer later conveyed the James Waters messages to Officer Gregory Wilkes. Patricia Ladenthin intentionally walked passed the Plaintiff on the way to the trash bin. On her way back she "winked" to the policeman. Five other policemen arrived and they "high five" each other for the arrest. When Officer Gregory Wilkes came out, he has three empty sheets of Provable Cause Affidavit. He told me that the Kay Kim is arrested for (1) Resisting arrest, (2) Assault and (3) Discharging bodily fluids. He stayed in his cab to complete his records. I was with him at all times till he left the property. I did not see the EMT and Rhonda Heath were still with Linda H. 4250 #4. 7. This is a case of conspiracy against Kay Kim. IMPD Officer Gregory Wilkes did not have warrant or probable cause at the time he entered Kay Kim’s residence to arrest her. Officer Gregory Wilkes used unnecessary force to arrest a petite handicapped Asian woman and excessive and unwarranted force when he yanked her out of the house and threw her down on the floor. As a result, Kay's face is still numbed when he was released from prison. Kay is still suffering from severe headache and hurting from the joints on her hands. I affirm under the penalty for perjury that the representations contained in this affidavit are true to the best of my information and belief. January 10, 2009 By Name : Address: Phone# :

Charles Chuang 4250 Village Pkwy Cir E, Apt 2 Indianapolis, IN 46254 (317) 522-5721