Investigation By INS
Tucson Police Department
270 S. Stone
Tucson, AZ 85701
To Whom It May Concern:
Your department last year on The 30th of October 1998 arrested my stepson Richard Dale McClure.
Case Number: CR98-821062A-IC and CR98-821044A-IC
Sup CT #: CR63715
After review of the original case and court documents I wish to file criminal charges against Border Patrol Agent Bob Stokes (badge Number 31050) and his investigative team. The evidence against Bob Stokes is a matter of public record and is contained in the original investigative report and in the court records of the trial. The claims I make are as follows:
13-3924. Unlawful procurement of search warrants without probable cause
A person who, with intent to harass and without probable cause, causes a search warrant to be issued and executed, is guilty of a class 2 misdemeanor.
The original case files list my stepson only as the boyfriend of Christina Ramirez who is the sister of Michael Ramirez the identified perpetrator of the crime. My stepson does not even resemble the descriptions of the three individuals who were positively identified by the victims, Michael Ramirez, and Meena Ramirez. All were described as being black males, between 5'8" and 5'10" tall with distinctive Negro features, and of medium build. My stepson is 6'3" and has Caucasian features. Incidentally these other suspects were never investigated. Michael Ramirez only identified my stepson as an accomplice when he was offered a plea bargain 4 days prior to my stepson's trial.
None of the personal property seized at my stepson's house has been used as evidence, forensic testing shows that none of the items was involved in the crime. During the trial the prosecution could not produce the compelling evidence or probable cause for issuance of a search warrant or the use of a swat team to break into my stepson's house. This is in the court records.
13-2802 . Influencing a witness; classification
A. A person commits influencing a witness if such person threatens a witness or offers, confers or agrees to confer any benefit upon a witness in any official proceeding or a person he believes may be called as a witness with intent to:
1. Influence the testimony of that person; or
2. Induce that person to avoid legal process summoning him to testify; or
3. Induce that person to absent himself from any official proceeding to which he has been legally summoned.
B. Influencing a witness is a class 5 felony.
13-2804 . Tampering with a witness; classification
A. A person commits tampering with a witness if such person knowingly induces a witness in any official proceeding or a person he believes may be called as a witness to:
1. Unlawfully withhold any testimony; or
2. Testify falsely; or
3. Absent himself from any official proceeding to which he has been legally summoned.
B. Tampering with a witness is a class 6 felony.
Christina Ramirez was approached repeatedly by Agent Bob Stokes prior to my stepson's trial in an attempt to secure a testimony that he had proscribed for her. She was told that if she did not testify in the manner that he said she should, he would see to it that her children would be taken from her by child protective services. On other occasions Agent Bob Stokes and his investigative team threatened her with threats of arrest for minor misdemeanors which could be overlooked if she cooperated in the manner so proscribed. This pattern continued up to the trial date. Christina Ramirez testified on the witness stand to the treatment afforded her by Agent Bob Stokes. Agent Bob Stokes admitted on the witness stand when confronted by the defense council that he had indeed harassed Christina Ramirez in the manner that I have described above. By his own admission he broke the law. This is a matter of public record and can be verified by reviewing the investigative package and the trial transcripts.
I have served my country faithfully for more than 20 years and find the actions taken by Agent Bob Stokes to be reprehensible. This matter needs to be investigated fully and impartially. It is time we broke the "Blue Wall of Silence" and restore justice to our legal system. My stepson is being prosecuted more for what they think he may be: than for what his actual involvement may have been. To date the evidence against my stepson does not even suggest he should be prosecuted let alone be jailed with bail as high as has been set for him.
I feel I covered my points please respond to my request as soon as possible, I can provide additional information upon request. I require positive and negative feedback so I can continue to escalate this matter to higher levels if need be for resolution of this matter.
Harold Weber ETC/ss USN/ret.
September 10, 1999