July 18th, 2011 Santa Clara County Department of Correction ATTN: James Alan Bush (DWF967-08086698) 885 North

San Pedro Avenue San Jose, CA 95110 In re filing of complaint against city police officer for assault and/or battery in violation of Penal Code 149

To the Santa Clara County Office of the District Attorney: I would like to file a criminal complaint against San Jose Police Officer Miguel Flores (#3881), who committed battery against me on December 13th, 2008, which resulted in severe and substantial injury, including a shattered and broken rib, an avulsion to a shoulder bone (see enclosed X-ray), and cardiac arrhythmia. My injuries were diagnosed by Dr. Cazmo J. Lukrich, M.D., an employee of the Santa Clara County Department of Correction, who can verify that my injuries were sustained as alleged in the enclosed amendment to a civil complaint, in which the claims made therein were deemed reliable enough to warrant settlement proceedings in a related civil matter now being adjudicated in the United States District Court for the Northern District of California, San Francisco Division, under docket number 09-CV-01024 (PR) RS [Bush v. Flores, et al.], as shown in the enclosed Order Denying Defendant Flores' Motion for Summary Judgment and Notice and Order Setting Settlement Conference. Long Thang Cao, who resides at 1211 East Santa Clara Avenue #4, in San Jose, which is where the incident occurred, witnessed a portion of the incident, and may be able to provide a limited account of events. He has

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already provided testimony in a related criminal proceeding, specifically, case number EE605073 [People v. James Alan Bush], in which he contradicts the version of events provided by the arresting officer in both his testimony and the police report in several key areas. 661-7415. Additional witnesses include Robert Malnburg, Jr., whose date of birth is December 4th, 1980, and who is a resident of San Jose, and Daniel Anthony Napolitan, who obtained a California ID card in 2006 using the address 1220 Tasman Drive SPC 379, Sunnyvale, California 94089. (This is the only In a recorded Mr. Cao can be reached at (408)

identifying information I now have for these two persons.)

conversation, Mr. Malnburg, Jr., tells Mr. Napolitan that he was apprised of the police officer's intent to assault me prior to the event by other police officers, stating that, "[w]hen James gets to jail, they're going to beat him like a motherf*cking dog." This recording is available on a data-DVD marked,

"Secret Conversation," which was filed before the assault occurred, at the Office of the Clerk of the United States District Court for the Northern District of California, San Jose Division, under docket number C 08-01354 (PVT) JF, located at 280 South First Street, Room 2112, in San Jose. Similarly, Jack Lynn Bush, in his letter to me dated February 11th, 2010 (enclosed), recounts the fact that I also demonstrated foreknowledge of the impending assault by making it known to him prior to the incident. In it, he

writes, "I agree, you saw your situation coming and clearly communicated the outcome ... These police officers have clearly wronged you." Mr. Bush resides

at 11027 War Admiral Drive, Union, Kentucky 41091, and can be reached by phone at (919) 619-6471.

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Furthermore, I have enclosed copies of two articles by the San Jose Mercury News that report an unusually high number of excessive force complaints made against two of the other officers who were involved, namely, Officer Eric Dragoo (#3889) and Officer Steven Payne, Jr. (#2951), who was put on leave four months after the aforedescribed incident for similar conduct. Clearly,

these news articles infer a propensity towards violence on the part of the aforesaid officers, lending credence to my claim and to witness accounts. Accordingly, I am requesting that an investigation be instituted. If you

require additional information, such as medical records, please contact me at the above-stated address. Sincerely,

James Alan Bush

Enclosure(s):

X-ray of broken shoulder Amendment to complaint, describing incident Order Denying Flores' Dispositive Motion Notice and Order Setting Settlement Conference Letter from Jack Lynn Bush The San Jose Mercury News articles

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