Now that's one hell of a good report! --- On Tue, 3/29/11, Sal Sunshine <salsunsh...@lisco.com> wrote:
> From: Sal Sunshine <salsunsh...@lisco.com> > Subject: Re: [FairfieldLife] no charges in Fairfield "hate crime" case > To: FairfieldLife@yahoogroups.com > Date: Tuesday, March 29, 2011, 10:00 PM > Here is the final report from the > county attorney: > > March 28, 2011 > Final Report Regarding the Assault reported During the > Early Morning Hours of March 6, 2011 > During the weekend of March 5 and 6, 2011 Fairfield > resident, Usama Alshaibi, sustained some injury > following a night out with a friend. Shortly thereafter he > posted a blog online that discussed his ordeal and > described it as a hate crime. This report will detail the > investigation and its findings. It will also discuss the > conclusions reached by this office based on that > information. > The Fairfield Police Department, with the help of the Iowa > Department of Criminal Investigations, > conducted a thorough investigation that began at 12:19 a.m. > on March 6, 2011. The investigation involved the > interviews and discussions with dozens of people. This > office has reviewed over 20 written statements and > watched a dozen recorded interviews. We have also reviewed > photographs and medical records and have had > countless discussions with the primary investigators. Based > on all of this we can piece together the following > timeline of events: > On Saturday, March 5, 2011, Usama Alshaibi and his friend > Manuel Tsingaris went out to a restaurant > and bar called Vivo’s. They arrived between 8:30 and 9:00 > p.m. and sat in the bar area. They consumed some > alcoholic beverages and enjoyed themselves. Mr. Alshaibi > was quite forthcoming about how much he had to > drink and that it definitely had an effect on him. Sometime > between 11:00 and 11:30 p.m. a different group of > people, including Canaan Rice and Jason Byers, entered the > bar and sat down. Shortly thereafter Mr. Byers > observed another friend enter the bar and he called out to > him. Mr. Alshaibi looked at Mr. Byers and shouted > obscenities at him. Although nothing else occurred at the > bar the patrons said that Mr. Alshaibi appeared > impaired and was acting in a way that could be > problematic. > At approximately midnight Mr. Alshaibi and Mr. Tsingaris > left Vivo’s and began walking home. They > walked west on West Broadway on a sidewalk across an > abandoned railroad spur to either 8th or 9th Street. > They turned north and at either Broadway or Briggs they > separated. Mr. Alshaibi lives at 1104 West Briggs so > he was only a few blocks from home. Mr. Tsingaris continued > walking north towards his home and assumed > his friend was walking the remaining few blocks home. > Mr. Alshaibi claims to have heard music as he was walking > towards his house. As he approached this > music he claims to have met a young woman who told him that > the party was upstairs. Although the officers > were unable to canvas this area immediately they did check > the neighborhood within the hour after the assault > report was received. The police were unable to locate any > noticeable music in that area. Throughout the > investigation the police were unable to verify or identify > the young woman. As a result we cannot say with any > certainty whether there was any music or whether there was > any young woman. > OFFICES OF > JEFFERSON COUNTY ATTORNEY > 117 WEST BROADWAY > FAIRFIELD, IOWA 52556‐3217 > PHONE (641) 472‐9201 > FAX (641) 472‐9202 > email address: jeffcoa...@lisco.com > JEFFERSON COUNTY ATTORNEY > TIMOTHY W. DILLE > Direct email address: t...@lisco.com > ASSISTANT JEFFERSON COUNTY ATTORNEY > PATRICK J. McAVAN > Direct email address: p...@lisco.com > What is clear is that Mr. Alshaibi actually got himself > turned around and wound up walking in the > opposite direction of his home. Sometime around 12:15 a.m. > he entered a home located at 50 South 5th Street. > This home is a block and half east of Vivo’s and would > have required Mr. Alshaibi to backtrack past Vivo’s to > get there within the timeline. This house is the residence > of Joshua Bishop and his teenage son Gabe. > Joshua Bishop was asleep on the couch in the living room > while Gabe was upstairs in his room with four > other friends. The others were Samantha Fischer, Brian > Jennings, Heath Nevins, and Blaze Strickland. Nevins > is 20 years old and all the others were under 18. They > report that they had just finished watching a movie when > they heard footsteps on the stairs. They assumed that they > had awakened Joshua and they were going to be in > trouble. However, the footsteps stopped just outside of the > closed door. The kids reported seeing a shadow > under the door and they knew someone was standing outside > of the door. Investigators confirmed that the > lighting in the hall would allow a shadow to be seen under > the door. > The door was opened a crack, either by Gabe or by Mr. > Alshaibi. It is clear that there was a brief > exchange between Mr. Alshaibi and Gabe where they said hi > to each other and Mr. Alshaibi indicated that he > had returned to the area from Chicago. The door was opened > a little further and Mr. Alshaibi was able to look > into the room and the other kids were able to see him. Gabe > finally told him goodbye in an attempt to get him > to leave. Mr. Alshaibi backed out of the room and Gabe shut > the door. > Ms. Fischer has a graduated driver’s license which > prohibits her from driving after 12:30 a.m. As a > result she needed to leave and drive home. The kids heard > footsteps back downstairs but did not hear the door > so they went downstairs to see what was going on. Everyone > admits it was dark downstairs as the front door > opens into the living room where Joshua Bishop was > sleeping. The kids found Mr. Alshaibi just standing in the > living room. He began speaking with Ms. Fischer and asked > her what she was doing later that night. The kids, > especially the two girls, reported that this type of > question was creepy and made them uncomfortable. The kids > also reported that Mr. Alshaibi never took his right hand > out of his coat pocket which made them a little > nervous. This office also believes that the content of the > movie the kids had just completed added to their > concern about this person in the house. They had just > watched The Strangers which is a horror/suspense movie > about a young couple who are terrorized by three home > invaders. When Mr. Alshaibi still did not leave Mr. > Jennings grabbed Mr. Alshaibi by the lapel and pinned him > against the door frame as Jennings tried to open the > door. Once the door was open Jennings spun Alshaibi around > and forcefully shoved him out the door. It > appears that Jennings used his hands and a foot to force > Alshaibi out the door. > The kids report that when Mr. Alshaibi was thrown out he > fell and landed face first. As he tried to > regain his feet he fell again, this time down the stairs > landing on a concrete landing. They then shut the door > and watched him through the door and windows. The kids also > report that he fell at least one more time as he > was walking away to the north when he stepped in a pothole > in the alley next to the house. > The kids also report that after he was outside they began > asking him questions about why he was there > and what his name was. When he responded that his name was > Usama the kids responded to that comment. > Although they report they thought he was joking. This > office believes it is likely that Mr. Alshaibi heard some > words and phrases that could be considered racial slurs. > This conclusion is based upon the statements of the > witnesses, items located on social networking sites, and > some of the behaviors observed prior to and during the > interviews. > Mr. Alshaibi reported that he told the partygoers his name > inside the house on the second floor. As soon > as he told them his name he was hit and beaten by four > young men. His glasses were knocked off his face and it > was hard for him to see. He reported attempting to protect > his face with his arms. He reports he continued to > be struck as he was trying to get out of the residence. > The investigation reveals that the only physical contact > inside the house was when Mr. Jennings threw > Mr. Alshaibi out of the house. This is corroborated by the > fact that Joshua Bishop did not wake up when Mr. > Alshaibi was inside the house even though the front door > accessed the room he was sleeping in. In addition, no > blood was found inside the residence. It was not possible > for Mr. Alshaibi to have been beaten by four young > men as there were only three present at the time. All of > the kids report that Mr. Alshaibi had his glasses on > when he was thrown out of the house. Finally, Mr. Alshaibi > did not have any injuries on his arms. Those types > of injuries would be expected if he were protecting his > face and head with his arms and are commonly called > defensive wounds. > The investigation further revealed a high likelihood that > the kids followed Mr. Alshaibi outside after he > was thrown out. It is unlikely they could have seen him > fall multiple times from inside. Plus, Joshua Bishop > reported that he woke up when the kids came back into the > house. As stated earlier it is likely that Mr. Alshaibi > heard some very harsh language at that time. It is unknown > when he lost his glasses. Ms. Strickland > remembers hearing him ask where his glasses were after he > fell outside near the stairs. However, Mr. > Alshaibi’s glasses were not located until Thursday, March > 10. They were found lying on the ground next to the > sidewalk in the 500 block of West Broadway. This is about > half a block north and around the corner from the > Bishop house. They were in the grass next to a green > sweater. During his interview with police Mr. Alshaibi > reported losing a green sweater he was carrying in his > pocket sometime during or after the altercation. The loss > of this sweater was not publicly disclosed. When asked by > police the occupants of both houses nearest to where > the sweater and glasses were found said that they had seen > it there for several days, but less than a week. They > assumed that whoever lost it would walk by again and pick > it up. It is unknown how the glasses and sweater > each ended up in that location. > Mr. Alshaibi eventually walked to the parking lot of Family > Video located approximately ½ block south > and 4 blocks west of the Bishop residence. Once there he > called Mr. Tsingaris on his cell phone and Mr. > Tsingaris walked to this location. As the two of them were > in the parking lot the manager of the video store > placed a 911 call at 12:19 a.m. and reported that there was > one male and one female in the parking lot crying > and screaming. The manager assumed this to be a domestic > dispute. Officers arrived in 1 minute and located > Mr. Alshaibi and Mr. Tsingaris in the parking lot. It is > clear from the investigation that the manager simply > misidentified one of the men as a female in his initial > call and that these are the only two people who were in > the parking lot. > We are charged with examining these facts and determining > if a crime has been committed. It is our > opinion that no charges should be filed in this situation > as the facts do not demonstrate criminal behavior > beyond a reasonable doubt. > To prove assault we must show that a person did an act > intending to cause pain or injury to another and > that that act was done without justification. In this case > the only person who we can prove made contact with > Mr. Alshaibi was Mr. Jennings. Mr. Jennings did not do > anything intending to hurt or injure Mr. Alshaibi. On > the contrary Mr. Jennings was just trying to get Mr. > Alshaibi out of the house. It is also difficult to know how > Mr. Alshaibi received his injuries. It would clearly be > assault if the injuries were a result of a beating. Here it > is just as likely that the injuries were caused by the > multiple falls outside of the home. If the evidence is not > clear, we cannot prove a crime took place. > In addition, it appears that Mr. Jennings was justified in > his behavior. Iowa law recognizes the “castle > doctrine” which states that a person has no duty to > retreat from his residence. Rather, a person has the right > to > protect themselves inside their own house. The only > requirement is that the act be reasonable. Mr. Jennings did > not use a weapon or anything excessive. He simply pushed > Mr. Alshaibi out of the Bishop home after hearing > Gabe say he was not welcome and should leave. > There has been much public discussion of this incident as a > possible hate crime. A hate crime is not a > separate offense. It is an additional series of elements > that must be proven to enhance a crime. Since we don’t > have an assault or any other crime, we can’t have a hate > crime. Even if we had the evidence to file some > charge, we would not file a hate crime enhancement under > these facts. A primary element of a hate crime is > that the crime was committed because of the victim’s > race, national origin, ancestry, or other listed > characteristics. In this case the only physical contact was > motivated by the desire to get an uninvited guest out > of the house. It is our belief that this physical contact > would have happened to any person regardless of national > origin or race. > We have also been asked to review the facts for possible > trespass or public intoxication charges against > Mr. Alshaibi. These charges are also not appropriate. To > prove a trespass we must show that Mr. Alshaibi > entered the house without permission with the intent to > commit an offense. Mr. Alshaibi has consistently stated > that he met a woman who told him where the party was and > that he took her comments as an invitation. > Although that young woman cannot be identified or even > verified it is clear that Mr. Alshaibi believed himself > to be invited. He did not have any intent to commit any > offense inside the home. He was not looking through > drawers or attempting to take or damage anything. > He could also be charged with trespassing if he remained on > the property after being told to leave. It is > clear that he was told to leave. It is also clear that he > walked downstairs following that statement where he was > found just standing in the living room. By all accounts it > was dark and a very little time passed before he was > thrown out. Mr. Alshaibi was not given the time to > demonstrate he was simply ignoring the request to leave. > He just as likely was unable to find the door in the dark > and only was able to get out when he was shoved out. > As for public intoxication Mr. Alshaibi was never tested to > determine his level of intoxication. We > believe it would have been inappropriate to have done so. > When officers encountered him in the Family Video > parking lot he was clearly bleeding from the head and had > sustained some injury. He was complaining of an > assault and was obviously of age to legally consume > alcohol. He was treated as a victim as he should have > been. > Although not an element of any crime we also consider the > motivation for the requested charges. No > one at the Bishop house called the police to report an > intruder. In fact, the kids indicated that it was creepy > and > weird but also over pretty quickly. They felt like they > handled it. Once it was clear that the police were trying > to find the location where this incident occurred the > police still were not contacted by anyone who had been at > the Bishop residence. Only after the police found them and > invited them to be interviewed was there a > suggestion that Mr. Alshaibi should be charged with > something. > There are also problems with the information that would be > fatal if we pursued prosecution. Mr. > Alshaibi has been very cooperative and understanding > throughout this investigation. However his version of > the events is full of gaps potentially caused by his > injuries, his alcohol consumption, and the trauma he feels > from that night. These gaps leave room for other reasonable > explanations and make prosecution impossible. > There has been public speculation that this was some > publicity stunt orchestrated by Mr. Alshaibi. > There is zero evidence of that. He presents as very sincere > and it is our belief that he is simply hoping to fill in > some of the gaps for himself so he can have a better > understanding of what happened. > Another problem is the amount of publicity in this matter. > The internet had both a positive and negative > impact on this investigation. Officers were able to > determine the location of this incident as a result of > postings > on social networking sites. That helped officers focus on > the correct neighborhood and interview the right > people. On the negative side the kids had read the claims > made by Mr. Alshaibi and discussed them before they > were ever interviewed. That creates the possibility of the > kids trying to get their story straight before meeting > with the police. There are some obvious inconsistencies in > all the stories that cannot be reconciled with the > known facts. The publicity also caused the kids to want to > rebut what they had read rather than simply giving a > statement. These are all factors that were considered in > reviewing the evidence and considering how any > information may be presented and attacked in a trial. > With the release of this report this office considers this > matter closed unless further, undiscovered > evidence is found. It is our hope that Mr. Alshaibi will > not be vilified for suffering injuries and posting his > immediate perceptions in a blog. It is also our hope that > the diverse citizens of Fairfield and Jefferson County > continue to respectfully live, work, and play together as > has been our tradition. > We would like to thank the people who came forward with the > information that helped us to determine > the location of this incident and in helping to get the > investigation on track. It says a great deal about our > community when people are willing to step forward and do > the right thing. > We would also like to thank the Fairfield Police Department > Officers who worked on this matter for all > their hard work, dedication, and professionalism while > handling a delicate situation. We would also like to > thank Iowa Division of Criminal Investigation Special Agent > Rick John for his assistance and work on this > matter. He was a true asset to a thorough investigation of > all matters. > We would also like to thank the press for their patience > while this matter was thoroughly investigated to > determine the appropriate handling of this matter. > Please contact the Jefferson County Attorney’s Office as > set out above with any questions. > > ------------------------------------ > > To subscribe, send a message to: > fairfieldlife-subscr...@yahoogroups.com > > Or go to: > http://groups.yahoo.com/group/FairfieldLife/ > and click 'Join This Group!'Yahoo! 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