U.S. Border Patrol named as defendant in federal lawsuit involving shooting of un-armed man

by Timothy Charles Holmseth on August 17, 2016, 5:25 P.M. CST

The United States Border Patrol is named as a defendant in a civil lawsuit filed in United States District Court in North Dakota today.

On August 17, 2016, Timothy Charles Holmseth filed a Complaint to the United States District Court – District of North Dakota, against multiple agencies in North Dakota. Holmseth filed the Complaint after receiving paperwork from the North Dakota Court that provided instructions and forms regarding a previous correspondence to the Court pertaining to a lawsuit.

Holmseth, an investigative journalist from East Grand Forks, Minnesota, alleges a multi-agency and multi-jurisdiction conspiracy exists to cover up the true facts and circumstances surrounding the pursuit and shooting of David James Elliott in 2015.

Elliott was unarmed when he was shot by  a University of North Dakota police officer on February 28, 2015.

The lawsuit alleges defendants are violating public records laws; have defrauded Holmseth’s publication Write Into Action; and are actively violating Holmseth’s Constitutional rights under the First Amendment.

According to Holmseth’s Complaint, defendants, including Grand Forks Police Chief Mark Nelson, have conspired to destroy police-cam evidence of the Elliott Event, which includes deliberately hiding the fact that the United States Border Patrol was involved.

“The criminal conspiracy involves, but is not limited to, GFPD officer (former UNDPD officer) Jerad Braaten, UNDPD Chief of Police Eric Plummer, GFPD Chief of Police Mark Nelson, Grand Forks County Sheriff Bob Rost, GFPD Lt. Derik Zimmel, UNDPD Sgt. Danny Weigel, Grand Forks States Attorney David Jones,” the Complaint said.

Holmseth alleges Defendant Grand Forks Police Department (GFPD) altered police body-cam evidence before turning it over, in effort to hide what truly happened the night a University of North Dakota police officer shot David Elliott multiple times in the head in the Altru hospital parking lot.

Holmseth had been actively requesting and paying for public records regarding the shooting until he was notified by Lt. Derik Zimmel on July 11, 2016, Nelson issued a “Special Order’ on June 26, 2016, changing the retention dates for police cam evidence held in GFPD custody.

Holmseth alleges the Special Order by Nelson was made in bad faith to advance a criminal conspiracy to destroy evidence of an attempted murder.

On July 11, 2016 Lt. Derik Zimmel advised Holmseth he had until July 18, 2016 to make any further requests for records and then the records would be “subject to destruction”.

On July 17, 2016, Holmseth submitted a public records request to the City of Grand Forks that said, “Pursuant to all applicable state and federal laws, I am requesting ALL officer body-camera videos; ALL police dash-cam videos; ALL reports, notes, ledgers, transcripts, and other records pertaining to the pursuit and shooting of David James Elliott.”

On July 28, 2016 Holmseth received a letter from Grand Forks City Attorney Howard Swanson advising that no more records would be turned over because they were now deemed legal Discovery.

Holmseth alleges the Elliott shooting was actually a pre-mediated murder and possibly an ordered ‘hit’ that involved drug trafficking through the State of North Dakota.

North Dakota Bureau of Criminal Investigation (BCI) records show the BCI seized “thousands” of pills from Elliott’s vehicle following the bizarre two hour slow speed chase through multiple counties that was all captured on a 107 minute 911 call placed by Elliott – but never heard by the public. Elliott was talking to a GFPD officer during the 911 call.

Holmseth is the only publisher to request any portion of the 107 minute 911 call, which cost over a hundred dollars in fees for just a few minutes of the call.

David James Elliott contacted Holmseth and said law enforcement hid and/or destroyed body-cam evidence that showed police officer Jerad Braaten attempted to shoot him while he was sitting atop the Columbia Road Bridge in Grand Forks.

“What they don’t tell you is that the officer that shot me tried to shoot me at the top of the university bridge were I stopped and was hanging half way out the window with my hands straight out but his gun misfired – so he pulled his gun back on top to dislodge the bullet and they found that bullet there on top of the bridge with nobody taking claim to it until they pulled his finger prints off of the damn thing,” Elliott said.

The first attempted shooting of Elliott by Bratten changes exposes the entire false narrative that was subsequently given to the public because it shows Braaten was stalking Elliott to shoot him.

“When [Jerad Braaten] shot me everyone was yelling ‘cease fire’ and nobody even knew who was firing until it was all done – and the cop that supposedly got drug by my vehicle wasn’t ever in danger – let alone near the driver’s window – and the cop that shot me on video said ‘I thought you were in danger’ and he yells ‘I wasn’t in danger at any given time and was upset,” Elliott said.

Elliott told Holmseth police used “Excessive Force” and the Grand Forks States Attorney’s office told his lawyer, Darla Schuman, they were charging him with felonies so he wouldn’t sue.

The excessive force appears to involve more than the unwarranted shooting.

“There is so much to this whole thing that people will never know or even understand. Heck after the first two to the third shot fired, my pickup was stopped and he just kept on shooting me. He fired 14 times total until his gun was empty and 8 hit me – and a total of ten hit my truck – and two hit the Kidney Dialysis Center way off to the right and two hit the E/R hall way way off to the left,” Elliott said.

“I got shot 8 times – not 6 or 7 – and then after I got shot and was laying on the steering wheel knocked out with blood all over the place and my left hand missing two fingers -two other officers from GFPD ran up to the drivers window and freaken tazed my lifeless body not once but twice – and they’re yelling put your hands up quit resisting as they open the drivers door and my body falls out of the truck like a sack of potatoes,” Elliott said.

“That’s the video nobody has seen – and I have it,” Elliott said.

The following are named as defendants:

1. City of Grand Forks/Grand Forks Police Department, 122 South 5th Street, Grand Forks, North Dakota
2. University of North Dakota/University of North Dakota Police  Department, 300 Twamley Hall, 264 Centennial Drive, Grand Forks North Dakota
3. Altru Health Systems, 1000 South Columbia Road, Grand Forks, North Dakota
4. Grand Forks County Sheriff’s Office, 122 South 5th Street, Grand Forks
5. Grand Forks Public Service Access Point, 122 South 5th Street, Grand Forks, North Dakota
6. Grand Forks States Attorney, 124 South 4th Street, Grand Forks, North Dakota
7. North Dakota Highway Patrol, 1100 North 47th Street, STE 200, Grand Forks, North Dakota.
8. U.S. Customs and Border Protection, 112 West Stutsman Street, Pembina, North Dakota,

READ COMPLAINT

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Minnesota journalist files suit in federal court to halt destruction of body-cam video capturing police shooting

by Timothy Charles Holmseth on August 14, 2016, 8:56 A.M. CST

On August 10, 2016, Timothy Charles Holmseth submitted a Petition to the United States District Court – District of North Dakota, for an Injunction against every agency known to have collected records and video in the police shooting of David James Elliott.

 

United States District Court

District of North Dakota

 

Timothy Charles Holmseth                          Plaintiff, v. City of Grand Forks/Grand Forks Police Department, University of North Dakota/University of North Dakota Police Department, State of North Dakota/North Dakota Highway Patrol, County of Grand Forks/Grand Forks County Sheriff’s Office, Grand Forks County PSAP, Altru Health Systems                            Defendants,

MOTION FOR EMERGENCY INJUNCTIVE RELIEF

 

INTRODUCTION

PETITIONER is not an attorney.

Due to that fact, PETITIONER previously and improperly petitioned the U.S. Court in the District of Minnesota on this matter – Case Number 16-CV-2496 (JRT/LIB. That Petition was subsequently dismissed Without Prejudice due to jurisdiction related matters.

The Judge in the Minnesota filing stated that by “all appearances” the action could have been filed in the U.S. Court – District North Dakota under 28 U.S. Code 1391.

PETITIONER was provided court forms by the U.S. Court in Minnesota to apply for permission to proceed Pro Se based upon income. That application was dismissed as MOOT.

PETITIONER requests the Court provide proper application forms for requesting permission from the Court to proceed PRO SE until such time PETITIONER can achieve legal counsel.

PETITIONER request necessary forms to apply for Court permission to have documents served by the U.S. Marshalls.

PARTIES

PETITIONER, Timothy Charles Holmseth, is a citizen of the State of Minnesota and resides at 320 17^th Street N.W, Unit 17, East Grand Forks, Minnesota.

RESPONDENTS all reside in the State of North Dakota.

1. City of Grand Forks/Grand Forks Police Department, 122 South 5^th Street, Grand Forks, North Dakota
2. University of North Dakota/University of North Dakota Police Department, 300 Twamley Hall, 264 Centennial Drive, Grand Forks, North Dakota
3. Altru Health Systems, 1000 South Columbia Road, Grand Forks, North Dakota
4. Grand Forks County Sheriff’s Office, 122 South 5^th Street, Grand Forks
5. Grand Forks Public Service Access Point, 122 South 5^th Street, Grand Forks, North Dakota
6. Grand Forks States Attorney, 124 South 4^th Street, Grand Forks, North Dakota
7. North Dakota Highway Patrol, 1100 North 47^th Street, STE 200, Grand Forks, North Dakota.

JURISDICTION

PETITIONER believes all wrongful acts, crimes, and torts set forth herein have taken place in the State of North Dakota.

PETITIONER is a resident of East Grand Forks, Minnesota.

PETITIONER believes the United States District Court, District of North Dakota has jurisdiction over the aforementioned Parties and the subject matter stated herein.

PETITIONER believes the North Dakota Federal Court has Venue per 28 U.S. Code 1391.

PETITIONER’S BACKGROUND

PETITIONER is a journalist, author, publisher, songwriter, and media specialist.

PETITIONER has been interviewed by the Minneapolis FBI regarding the kidnapping of HaLeigh Ann-Marie Cummings based upon the FBI’s request for information from PETITIONER’S recorded journalistic interviews with suspects in that case.

PETITIONER was deemed “credible” by Special Agent A.J. Eilerman, Minneapolis FBI.

PETITIONER has received security clearance through the United States Department of Agriculture to enter the secure spaces of a federal facility.

PETITIONER has received first place award from the North Dakota Newspaper Association for reporting and writing.

PETITIONER has participated in a large scale documentary production regarding FBI information pertaining to mass-shooting attacks on Planned Parenthood facilities; and the murder of JonBenet Ramsey.

STATEMENT OF FACTS

PETITIONER believes the facts and circumstances that surround this civil action potentially affect the very safety and well being of the national public and national security.

PETITIONER has been notified by the Grand Forks Police Department that said agency intends to destroy police body-cam and dash-cam public records regarding the pursuit and shooting of David James Elliott (hereby referred to as the Elliott Event) that occurred on February 27-28, 2015 in the State of North Dakota.

PETITIONER seeks for the Federal Court to halt any and all destruction of files pertaining to the Elliott Event.

PETITIONER has standing requests for public records from multiple agencies.

PETITIONER is being improperly denied public records by DEFENDANT CITY OF GRAND FORKS/GRAND FORKS POLICE DEPARTMENT (hereby referred to as GFPD).

PETITIONER is seeking the fulfillment of his Public Records requests from all agencies.

All the aforementioned Parties were involved in the Elliott Event and accumulated records regarding the pursuit and shooting.

PETITIONER has been regularly requesting public records from involved agencies regarding the Elliott Event. PETITIONER has paid many applicable fees for said public records.

PETITIONER has been regularly reporting on the Elliott Event at www.writeintoaction.com and https://www.facebook.com/profile.php?id=100009187154735 and https://haleighcummingsdotme.wordpress.com/ and https://eastgrandforks.wordpress.com/ and https://www.youtube.com/watch?v=To6NCQ9npr8

PETITIONER has received police-cam evidence from the GFPD that has clearly been altered using a video editor to prevent PETITIONER, and the public, from knowing the true facts and circumstances surrounding the pursuit and police shooting of David James Elliott.

PETITIONER has published a short video that serves as Prima Facie evidence that criminal alterations of police-cams have occurred. PETITIONER is enclosing a CD with this Petition that features the video showing how the body-cams have been altered.

DEFENDANT GFPD via Police Chief Mark Nelson, set forth a “Special Order” on June 26, 2016 to change the retention dates on police-cam evidence in the GFPD’s custody after PETITIONER discovered cam evidence and had been altered to hide criminal and nefarious acts.

PETITONER asserts the “Special Order” was made in bad faith and was done in the act of a Criminal Conspiracy.

RESPONDENT UNIVERSITY OF NORTH DAKOTA – UNIVERITY OF NORTH DAKOTA POLICE DEPARTMENT (hereby referred to as UNDPD) has provided PETITIONER public records that appear to be altered and/or tampered with.

PETITIONER has been threatened by anonymous persons using voice changing software over the telephone and Web and warned to remove all of his websites or suffer serious consequences. PETITIONER’S children and grandchild have also been threatened.

PETITIONER has obtained evidence that shows RESPONDENT(S) are involved in the commission of state and federal crimes including Conspiracy and Attempted Murder.

RESPONDENT GFPD is planning to destroy evidence for the express purpose that it shows RESPONDENT(s) attempted to murder an unarmed man, David James Elliott; and for the purpose of destroying evidence to avoid prosecution.

PETITIONER argues the following supports an Injunction:

Irreparable Harm: If RESPONDENT destroys the files in question, they will never again be retrievable through RESPONDENT’S Keeper of Records.

Clear Legal Right: PETITIONER has a clear legal right to the files, which are public record.

Consideration of Public Interest: There exists a clear public safety issue connected to this case and the files.

Legal Challenge: The stated basis for RESPONDENT’S decision to destroy the files is subject to legal challenge.

CONCLUSION

PETITIONER respectfully requests the United States District Court issue an Injunction forbidding the destruction of GFPD IR#201501332 and/or any police-cam evidence until further order of the Court.

The Order further forbids the destruction of any related files held by the University of North Dakota Police Department, Grand Forks County Sheriff’s Office, Grand Forks County States Attorney’s office, North Dakota Highway Patrol, Altru Health Systems, and Grand Forks County PSAP.

Very Respectfully Submitted,

Timothy Charles Holmseth

Pro Se

 

 

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Official complaint provides details of police ‘Altering a public record’ in Grand Forks shooting

You, Mr. Nelson, sat alongside Grand Forks County Sheriff Bob Rost and University of North Dakota Police Chief Eric Plummer during a televised joint press conference several days after the shooting and announced the shooting occurred around 12:45 A.M.

That fact alone proves that YOU KNOW the shooting did NOT happen at 12:35 or 12:36 A.M. as shown in the tampered with Body-Cam files.

by Timothy Charles Holmseth on July 26, 2016, 8:07 A.M.. CST

Timothy Charles Holmseth
320 17th Street N.W.
Unit# 17
East Grand Forks, MN
56721
218.773.1299
218.230.1597 (cell)
http://www.writeintoaction.com
tholmseth@wiktel.com
https://www.facebook.com/profile.php?id=100009187154735

In Re: COMPLAINT

July 25, 2016

Mark Nelson
Chief of Police
Grand Forks Police Department
Grand Forks, North Dakota
58201

Chief Nelson,

I am filing this Complaint against your Keeper of Records in regards to open records request I made to the Grand Forks Police Department regarding the pursuit and shooting of David James Elliott, which occurred on February 27-28, 2015.

I am confident you are familiar with this on-going issue because I have notified Grand Forks City Administrator Todd Feland, Grand Forks States Attorney David Jones, Grand Forks City Council, North Dakota Attorney General Wayne Stenehjem, University of North Dakota President Mark Kennedy (and Ed Schafer), Altru Health Systems, and others.

The City of Grand Forks is also aware I have motioned the United States District Court for an Emergency Injunction against your Department’s professed plans to completely destroy the aforementioned files based upon a ‘Special Order’ you created on June 26, 2016 at the height of my journalistic investigation and review of public records.

You also provided an on-camera sit-down interview to the Grand Forks Herald recently to discuss “body-cams”.

I have produced and published a You Tube video that provides an audio/visual guide to the basics of this Complaint, which you can view at: https://www.youtube.com/watch?v=To6NCQ9npr8

I think were on the same page.

TAMPERING WITH EVIDENCE

I have evidence the Grand Forks Police Department violated the law, breached the public trust, and defrauded my publication.

According to North Dakota Code 12.1-11-05 Tampering with public records, it is a felony for a public servant to “Knowingly makes a false entry in or false alteration of a government record.”

I have received Body-Cam evidence from your Department that has clearly been tampered with to create an optical illusion and trick the public into believing the shooting of David James Elliott occurred at a time that it did not.

The illegal alterations may have been motivated in part by an attempt to conceal a ‘first failed attempt’ by a police officer to shoot David Elliott, which makes every single action taken to alter these public records part of a serious conspiracy crime.

In short, the time stamps on multiple Body-Cams I purchased do not even remotely coordinate to the events being observed in corresponding officer squad car Dash-Cams.

The Body-Cam video shows the shooting happening at 12:35 A.M. (and 12:36 A.M.); Dash-Cam shows the shooting happening at 12:47 A.M.

• AVI file 623117GI (BODY CAM)

This video file begins with a very quick flash of video image that shows David James Elliott sitting atop the Columbia Road Bridge in his vehicle at 12:27 A.M., February 28, 2015.

After the quick flash showing David Elliott at 12:27 A.M., 623117GI is then REDACTED and is completely black. After two minutes and forty nine seconds (2:49) of redaction, audio returns but no image can be seen because it appears the police officer has placed his coat over the camera lens. It remains that way until 7:50 on the file procession in my media player when gun shots can be heard at time-stamp 12:35 A.M.

When seven minutes and fifty seconds are added to the clock time of 12:27 A.M., the shooting appears to occur at around 12:35 A.M.

That orchestrated timing is evidence of the very careful and methodical work put into altering these files to create a false reality in the mind of the public about this shooting.

• AVI file G23117GK (BODY CAM)

In AVI file G23117GK the same method of editing is used as was in AVI file 623117GI.

At the beginning of the file there is a quick flash that shows police and a deputy’s car sitting behind David Elliott’s vehicle atop the Columbia Road Bridge at 12:27 A.M.

After the quick flash, the file is immediately REDACTED and remains that way for about four minutes and ten seconds (4:10). Body-Cam footage then appears of an officer in his car. The gun-shots can be heard when the time-stamp says 12:36 A.M.

Notably, the shooting does not even happen at the same minute marker on the two Body-Cams – probably because faking cam evidence and time-stamps is difficult to line up.

THE BODY-CAMS DON’T MATCH EACH OTHER OR MATCH SQUAD CAR DASH-CAMS

Dash-Cam video from the squad car of GFPD Chris Brown shows David Elliott rolling along on flat tires in front of Altru hospital’s Emergency Room and shots can be heard at 12:47 A.M.

Dash-Cam video from the squad car of GFPD Dan Harvala also reveals the shooting occurred at 12:47 A.M.

Obviously, that time does not match the shooting times on the Body-Cams – not even close.

Notably, the Harvala squad car Dash-Cam video that is trained onto the shooting scene in the distance has been converted from color to black and white, which obscures the details.

• AVI file G76117LY (BODY CAM)

AVI file G76117LY is the Body-Cam of GFPD Sgt. Mark Ellingson. It begins at 12:39 A.M. The shooting has already happened.

But – as I have already pointed out – the Dash-Cam shows the shooting took place at 12:47 A.M.

It appears ALL of the Body-Cam files I received have been tampered with and altered.

TRUE TIME OF THE SHOOTING

The true time of the David James Elliott shooting is most likely 12:47 A.M. when the shooting can be heard over Dan Harvala’s Body-Cam microphone as his Dash-Cam reads 12:47:22 A.M.

According to squad car Dash-Cam, David Elliott is sitting atop the Columbia Road Bridge in his vehicle long after 12:35 A.M. – so he was NOT shot at that time.

Dash-Cam shows squad cars following David Elliott slowly down the Columbia Road Bridge and into the Altru parking lot where he is shot at 12:47 A.M.

OFFICIAL TIME OF THE SHOOTING

You, Mr. Nelson, sat alongside Grand Forks County Sheriff Bob Rost and University of North Dakota Police Chief Eric Plummer during a televised joint press conference several days after the shooting and announced the shooting occurred around 12:45 A.M.

That fact alone proves that YOU KNOW the shooting did NOT happen at 12:35 or 12:36 A.M. as shown in the tampered with Body-Cam files.

Strangely, after three days, and access to all the camera evidence, you and your law enforcement colleagues couldn’t/wouldn’t even tell the public the exact time of the shooting. Instead, you provided an approximate time for the shooting, which was two and a half minutes off, when you can actually hear the gunshots begin at 12:47:22.

ATTEMPTED MURDER

I have evidence that UND Police Officer Jerad Braaten attempted to shoot David James Elliott while they were atop the ColumbIa Road Bridge but Braaten’s gun jammed. It is a matter of ND BCI records that a cartridge from Braaten’s firearm was found on the bridge.

It is also a matter of ND BCI investigative records that Braaten’s Body-Cam was found by investigators underneath his squad car after the shooting where he attempted to hide it; his Dash-Cam disappeared completely; not available at all.

UNDPD records show Braaten was disciplined in writing by Eric Plummer for his actions involving camera evidence.

You, Mr. Nelson, subsequent to all of this, hired Jerad Braaten onto your Department to the exception of other candidates.

NORTH DAKOTA STATE LAW

North Dakota state law guarantees me the right to un-edited/un-altered public records.

Regards,
Timothy Charles Holmseth
Journalist/Author/Publisher

Cc: Todd Feland, University of North Dakota President Mark Kennedy, Ed Schafer, Grand Forks States Attorney David Jones, UND Chief Eric Plummer, Altru Health Systems/Safety Commission, ND AG Wayne Stenehjem, PSAP Director Becky Ault, Grand Forks City Council, Steve Wagner/Herald

 

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Wayne Stenehjem BCI cover-ups reported by media for years

Candidate for North Dakota Governor has hidden and dark agenda

by Timothy Charles Holmseth on May 2, 2016, 9:31 A.M. CST

The well coordinated cover-up of a police shooting in Grand Forks, North Dakota is revealing a very disturbing back-story to the ND Attorney General who is now seeking the State’s highest position.

The North Dakota Bureau of Criminal Investigation (BCI) cover-up of the attempted murder of David James Elliott by a UND police officer in the Altru hospital parking lot in Grand Forks is nothing new.

ND Attorney General Wayne Stenehjem

Multiple news reports over the years reveal ND Attorney General Wayne Stenehjem’s old-boy network of covering-up crimes is a pattern and practice. The Elliott shooting cover-up is merely the ‘same story’ ‘different chapter’ in the career of Stenehjem and his network.

 

The extent of the corrupt activity within North Dakota law enforcement is enough for a larger agenda to emerge and reveal an established group seeking to become autonomous from the U.S. Constitution.

Write Into Action continues to investigate.

READ ALSO —

Grand Forks PSAP confirms GFPD officer entered false information into police report on night of police shooting – – – Cover-up leads to Somalian man charged with attempted murder

University of North Dakota police department implicated in attempted murder cover-up

Official alibi of cops crumbling after police shooting in Grand Forks, North Dakota – – – Police shooting of unarmed man connected to transnational drug trafficking in North Dakota?

Did North Dakota police officer tamper with body-cam shortly before police shooting?

UND football team operating interstate drug trafficking ring

Abracadabra! – BCI investigation into police shooting of unarmed man contains impossibilities and absurdities – – – Wayne Stenehjem’s BCI uses magic to justify police shooting

GFPD records clerk could not provide ‘Time’ of the 911 call she was transcribing – – -Official narrative regarding police shooting of unarmed man in serious question

Altru shooting 911 records: ‘Second person’ and ‘thousands of pills’ cast doubt upon official narrative of Altru police shooting – – – Did call to police by Wells Fargo cleaning lady interrupt drug activity involving law enforcement?

VISIT WWW.WRITEINTOACTION.COM

Official alibi of cops crumbling after police shooting in Grand Forks, North Dakota

Police shooting of unarmed man connected to transnational drug trafficking in North Dakota?

by Timothy Charles Holmseth on April 11, 2016, 12:27 P.M. CST

Were law enforcement officers really where they said they were; and doing what they said they did; on the night an unarmed man was shot by a cop in a Grand Forks, North Dakota hospital parking lot?

Or…

Will the truth about what happened that night reveal players in a transnational drug trafficking operation that has saturated the region with illegal drugs and nurtured its lucrative economy in North Dakota?

The efforts of ND Attorney General Wayne Stenehjem and Grand Forks County States Attorney David Jones have both failed to bring any charges, or, any meaningful media attention, to the thousands of pills confiscated from the vehicle of David James Elliott after he was chased down and shot in the Altru parking lot.

ND Attorney General Wayne Stenehjem

The actual root source supplying narcotics to the trafficking apparatus seems to be of little interest to Stenehjem and Jones despite overdose deaths occurring at a very alarming, and, suspicious rate.

On April 10, 2016, the Grand Forks Herald published an article entitled ‘Keeps them alive’ Administering naloxone could save lives of those who overdose’.

“Across North Dakota, the heroin and opioid epidemic has seeped quickly and silently into our communities—claiming the lives of more than a dozen people in just the Grand Forks region since 2014,” said Sen. Heidi Heitkamp, D-N.D., who visited Mercy Hospital in Devils Lake March 31 to talk about the issue. In addition to Grand Forks’ fentanyl deaths, Fargo saw three overdose deaths in one week in March, possibly related to heroin laced with fentanyl. – Grand Forks Herald

The Herald article effectively side-steps the root source and supply of the drugs coming into the area, and simply focuses on how to stop somebody from dying after they have already overdosed.

That way – the drug dealers still get to make their money.

Write Into Action is filling the public’s need for information pertaining to the serious public health and safety issues facing North Dakota, through an independent journalistic investigation.

But there is a curious reluctance by government record keepers to allow the process to flow.

Basic public records requests are yet to be filled by the Grand Forks Police Department (GFPD); records that will help to answer very important questions regarding statements made to the North Dakota Bureau of Criminal Investigation (BCI) by officers from the GFPD, Grand Forks Sheriff’s Office, University of North Dakota Police, and North Dakota Highway Patrol.

The officers were all questioned following the pursuit and shooting of David Elliott on February 27-28, 2015.

The reason the pursuit and shooting of Elliott is significant is because thousands of pills were found in his vehicle the night he was chased around for hours by police while he was on 911 asking for help.

The limited amount of video available from the chase has been redacted so nothing David Elliott was saying to police about his situation can be heard.

No criminal charges were ever brought against anyone regarding the drugs in Elliott’s vehicle.

Elliott was shot by UND police officer Jerad Braaten, a cop not scheduled to work that night; not wearing his regular uniform; not activating his dash-cam; and not recording the event with his body-cam.

Write Into Action is seeking all the 911 records of the night in question.

Additionally…

On March 31, 2016, Write Into Action requested police logs concentrating on an entry in the BCI report regarding GFPD officers Dan Harvala and Matt Bullinger.

PARAGRAPH B: Grand Forks Police Department Officer Dan Harvala and Grand Forks Police Department Officer Matt Bullinger responded to a loud party complaint. Grand Forks Police Department Officer Dan Harvala indicated there was a suspicious vehicle complaint from the Public Safety Answering Point (PSAP) pending and that once he cleared the loud party complaint he responded to the suspicious vehicle complaint. Grand Forks Police Department Officer Dan Harvala said that the suspicious vehicle was for a black pickup in the parking lot of the Wells Fargo Bank, Grand Forks, North Dakota. The cleaning woman inside the bank called in the complaint around 11:30 p.m., to 11:40 p.m. – SA Michael J. Ness / Interview with GFPD Dan Harvala

“The request is for any Police Report, PSAP transcript, telephone call, officer log, officer notes, and/or ledgers pertaining to the aforementioned,” Write Into Action’s request said.

“Simply put – I am requesting the public records that record the two police officers receiving information about a “loud party complaint” as well as them receiving information about a pending PSAP for a “suspicious vehicle” at “Wells Fargo Bank” on February 27, 2015,” Write Into Action said.

The Harvala interviewed is already hopelessly flawed.

Harvala’s statement that the call from the cleaning lady at Wells Fargo Bank came in at “around 11:30 p.m., to 11:40 p.m.” completely contradicts statements by Lt. Derik Zimmel, GFPD, and Becky Ault, PSAP director, who state the call from Wells Fargo was at 10:41 P.M.

GFPD officer Matt Bullinger told the BCI his shift began at 10:00 P.M. on the night in question. He said “at the beginning of the shift” he and Harvala “responded to a loud party complaint on the west side of South 34th Street, Grand Forks, North Dakota, at the beginning of the shift.”

It continued.

“After clearing from the call, Grand Forks Police Department Officer Matt Bullinger was in his vehicle doing paperwork when Grand Forks Police Department Officer Dan Harvala responded to a suspicious vehicle complaint at the Wells Fargo Bank, Grand Forks, North Dakota,” the BCI report said.

Write Into Action is requesting all records regarding the “loud party complaint” on the west side of 34the Street the officers say they handled.

Why?

Here’s one reason.

Write Into Action obtained records from UND police that show UND police officer Jerad Braaten, the officer that shot David Elliott that night, was handling a ‘Traffic Stop” at South 34th Street at 10:30 P.M.

That’s the same time-window Bullinger places himself and Harvala at South 34th Street, as well.

But it gets even more suspicious.

GFPD officer Chris Brown told the BCI he was in the Altru emergency room and witnesses the police pursuit of Elliott heading north on South Columbia Road at around 10:30/10:35 P.M. on the night in question.

But – even the earliest version for the time of the 911 call from Wells Fargo Bank that resulted in the police chase of Elliott is 10:41 P.M.

Harvala’s dash-cam shows he started following Elliott at 10:57 P.M. and then attempted to stop him – whereupon he fled.

So what police pursuit did Brown see at 10:30 P.M.?

The next questions is; what exactly was going on at the UND police department at the time Harvala began pursuing Elliott?

According to dispatch logs, here’s what the UND cops were doing.

UND officers Mark Thorpe, Jayson Waltz, Jerad Braaten, Danny Weigel, and Frank Lanasa ALL responded to a “Suspicious Person” call of “Male Subject Knocking on Door” at a residence on University Avenue.

The telephone number the ‘suspicious person’ call came from was 701.740.4411 which is traced back to Molstad Contracting, 115 Reeves Ct., Grand Forks.

Write Into Action continues to investigate.

READ ALSO –

Did North Dakota police officer tamper with body-cam shortly before police shooting?

UND football team operating interstate drug trafficking ring

Abracadabra! – BCI investigation into police shooting of unarmed man contains impossibilities and absurdities – – – Wayne Stenehjem’s BCI uses magic to justify police shooting

GFPD records clerk could not provide ‘Time’ of the 911 call she was transcribing – – -Official narrative regarding police shooting of unarmed man in serious question

Altru shooting 911 records: ‘Second person’ and ‘thousands of pills’ cast doubt upon official narrative of Altru police shooting – – – Did call to police by Wells Fargo cleaning lady interrupt drug activity involving law enforcement?

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Did North Dakota police officer tamper with body-cam shortly before police shooting?

by Timothy Charles Holmseth on April 7, 2016, 11:08 A.M. CST

Body-camera footage from a police officer during a pursuit in North Dakota contains signs the camera lens was purposely covered shortly before an officer shot the unarmed man in the parking lot of an emergency room.

The select footage was originally released to WDAZ TV by the Grand Forks Police Department (GFPD) four days after investigative journalist Timothy Charles Holmseth, Write Into Action, set up a Go Fund Me to obtain the video and 911 transcriptions of the event.

Write Into Action has obtained the video WDAZ received that starts five minutes before the shooting and ends one minute after the shooting.

The video begins at approximately 12:42 A.M., February 28, 2015.

The implications of the video of the David James Elliott pursuit and shooting are profound.

Here’s why.

It would eventually become known through an investigation by the North Dakota Bureau of Criminal Investigation (BCI) that:

1. Elliott possessed thousands of pills in the truck with him on the night in question
2. Elliott was very angry about being chased by police
3. Elliott arranged to meet with the police officer he’d been talking to on 911 (but was shot before the officer arrived)
4. The UND police officer that shot Elliott:
   1. Was not scheduled to work that night
   2. Was not wearing his regular uniform
   3. Did not have his dash-cam operating
   4. Did not properly use his body-cam (did not capture the shooting on video)
5. No criminal charges were ever brought regarding the thousand of pills found in Elliot’s truck.

While Elliott was alone when he was shot at the conclusion of the second of two pursuits that took place, evidence suggests he may have originally had an unidentified passenger in his vehicle when the initial high-speed chase began at approximately 11 P.M.

for more on the second passenger read – – – Altru shooting 911 records: ‘Second person’ and ‘thousands of pills’ cast doubt upon official narrative of Altru police shooting – Did call to police by Wells Fargo cleaning lady interrupt drug activity involving law enforcement?

There is evidence to suggest the passenger got out of the vehicle at some point after police terminated the first pursuit, due to Elliott’s calling 911 during the chase and telling the police to back off or he would run his vehicle into a bridge.

Facts and circumstances of the entire event suggest Elliott personally knew specific law enforcement officers involved in the pursuit(s) and shooting, including:

1. ND State Trooper Matthew Peschong
2. GFSO Sgt. Any Schneider
3. UND police officer Jerad Braaten

Facts and circumstances indicate Elliott was aware specific officers intended to kill him and he was trying to avoid close contact with those officers until he could meet with GFPD officer Matt Bullinger.

Documents and records reveal subtle clues that what was occurring was personal. For instance, in the BCI interview of Trooper Peschong it says:

“ELLIOTT saw Trooper Peschong pointing his weapon at him and said, “Come on shoot me mother fucker. You’re too big of a pussy to do it. Let’s end this now.” Trooper Peschong also remembered ELLIOTT point at ELLIOTT’s neck and tell Peschong, “Right here, shoot me mother fucker,” the BCI report said.

However, all verbal exchanges between Elliott and law enforcement were redacted so only select quotes are available to the public through the BCI records.

It is also very significant that Peschong and deputies had been ‘following’ Elliott down I-29 in a rural area without emergency lights activated. The activation of emergency lights automatically turns on a police dash cam.

After pulling away from approaching police that were pointing guns at him, Elliott then says something very interesting.

“DAVID ELLIOTT told Grand Forks Police Department Officer Matt Bullinger that he had ran over the spike strips and his tires were going flat. Grand Forks Police Department Officer Matt Bullinger said that DAVID ELLIOTT was upset that his tires were flattened, and told Grand Forks Police Department Officer Matt Bullinger what the tires were worth,” the BCI report said.

Would a suicidal man be worried about the cost of his tires? Elliott’s expression to Bullinger about the tires indicates a relationship or familiarity between them.

Documents and records of the event indicate that at approximately 12:42 A.M. on February 28, 2015, Elliott was sitting atop the Columbia Road Bridge in Grand Forks; he was attempting to wait for Bullinger to arrive.

However, officers were approaching Elliott and pointed their guns at him, which caused him to again proceed forward. There are indications Elliott believed he was going to be killed.

THE VIDEO

The editor of the video allowed a split-second view of David Elliott to be seen at the very beginning of the video to establish the time, circumstances, and location of the video.

After the quick blip of crystal clear quality video showing Elliot sitting in his pick-up and talking to police through his window, the editor redacted everything for two minutes and forty-eight seconds; thus concealing absolutely everything that what was being said.

At the time of the video clip, Elliott is on the PSAP call that he initiated to 911 shortly after the GFPD began pursuing him at around 11 P.M.

When the video resumes from the redacted mode at 2:48, the digital perfect quality picture is no longer visible. It is replaced with darkness although audio can still be heard.  It appears the officer may have placed the video camera underneath his coat.

At 6:40 in the video file the dispatcher can be heard saying “six twenty-seven is on his way”.

BCI records suggest 627 is GFPD officer Matthew Bullinger who had been talking to Elliott over PSAP for over an hour about something.

The radio transmissions that follow indicate officers knew they needed to shoot Elliott before Bullinger arrived.

At 4:46 the dispatcher tells an officer over the radio, “He is willing to talk to 627 in person – he said to give him a little time to get over that.”

The reference to Elliott needing to time to “get over that” may be a reference to something that has taken place that has Elliott angry and/or scared.

The officer responds, “He needs to pull into Altru if that’s going to happen”.

At 6:38 on the video the dispatcher says, “Six twenty seven is on his way”.

At 6:46 on the video an officer on the radio can be heard saying “Is anybody talking to him?” The dispatcher replies and says, “10-4 we still have him on the phone but he requested to speak to six twenty seven in person – he’s the only one he’ll talk to.”

The man on the radio then says, “I understand that [inaudible] stop.”

At 7:48 a flurry of gunshots can be heard and the officer with the body cam says, “Shots fired! Shot’s Fired!”

For a split second the officer’s coat appears to open and video is seen for a second, which proves the camera works properly.

The officer wearing the body-cam is heard screaming “Get your hand’s up! Get em’ up! Get your hands up! Get your hands up!” as another officer says “going to tazer”.

The officer then resumes screaming “Get your hands up now! You’re going to get tazed if you don’t get your hands where we can see them! Get em’ up!”

The officers then declare they are ‘going to tazer’ and another officer is heard saying “stop resisting – stop resisting.”

The officer then says “put your hands behind your back. Do it now!”

It is not known what was driving the nearly maniacal screaming of commands by the officers to Elliott, who had just been shot six times, including three times in the head.

Elliott was unarmed.

No released video shows the actual shooting.

Police would not provide the media any information about the shooting for three days in what may have been a waiting game to see if Elliott would die.

Elliott did not die and the State eventually reached a plea with him. Elliott, who had no prior criminal history, pled guilty to two felony counts surrounding his dangerous and reckless driving.

He was sentenced to one year in jail; sentence suspended with two months home monitoring.

He claims he can’t remember the event.

Write Into Action continues to investigate.

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