Tuesday, September 15, 2015

Missouri deputies break my wife's arm and aim an assault rifle at me during violent, terrifying "eviction"

This looks a lot like the assault rifle that was pointed at me.
It's called a BERYL 96.
Sheriff deputies broke my wife's arm and aimed what appeared to be an assault weapon at me during an "eviction" last Wednesday at the apartment where we've been living for the past year in Springfield, Mo.

Doctors told my wife, Carol, that the large bone in her upper left arm was broken when Greene County deputies assaulted her as she tried to retrieve some of our belongings from inside the apartment. She is scheduled for surgery tomorrow morning--and we are told it will be a five- or six-hour procedure--although it already has been postponed twice.

Damage to Carol's arm apparently is so severe that a trauma surgeon has been scheduled to operate. The procedure probably would have already been completed if doctors felt an orthopedic surgeon could handle it.

How severe are Carol's injuries? That's unclear at this point, but she was given oxygen, possibly because she was in danger of going into shock, and doctors treated her for possible blood clots. Her neck and shoulders are sore from apparent whiplash, and she shows signs of having a concussion from being thrown violently to the ground. At least three officers surrounded Carol during the assault, and I saw one officer yank both of her arms in an outward and upward motion. Her left arm, the broken one, is so badly bruised that doctors asked if she had been on blood thinners. Her right arm also is extensively bruised, and I'm still not sure how it wasn't broken, too.

The incident began when about six deputies burst through our door at about 1:45 p.m. on September 9. Jim Arnott, the sheriff of Greene County, was on the scene, and he yanked me out of a chair and placed handcuffs on me, even though I was sitting with my hands folded and posed no threat to anyone. Carol was looking out our peephole to see what was going on outside and was slammed against a wall when officers burst through the door.

One of the officers trained what appeared to be an assault weapon on me, and I think at least three or four handguns were pointed in my direction. A construction worker near the scene witnessed much of the incident and said he saw what appeared to be two AK-47s with officers on the premises. I'm not an expert on assault weapons, but I'm not certain this was an AK-47. It was, however, not your standard rifle, and it appeared to be the kind of automatic or semi-automatic weapon that is designed to blow away multiple people in quick order. The rifle looked a lot like the one shown above, which is a BERYL 96.

As officers mauled Carol on the ground, handcuffing her and breaking her arm, Arnott stood a few feet away and pointed at the violent scene and said, "She assaulted a police officer." That's a classic example of how far some law-enforcement officers will go to lie and cover up wrongdoing.

We're not aware of any charges filed against Carol, although she was taken to the Greene County Jail before someone finally realized that her complaints about soreness in her arm might be serious. She apparently was not booked into the jail, and she was transported to one hospital for X-rays that revealed the break and then to another, where the surgery is scheduled.

I witnessed the assault on Carol, and I feel certain none of the officers involved has a scratch on him (or her)--one of the officers was a woman. I was seated in our car in the driveway and could hear Carol say, "I'm trying to . . . . " I lost track of her words after that, but she told me that she was trying to get our cat's litter box. The notion that she assaulted anyone is preposterous.

Greene County Sheriff Jim Arnott
We were renting the apartment from a company called Cowherd Construction. As officers were busy assaulting and handcuffing Carol and me, a crew from Cowherd removed our possessions and placed them at the edge of the street. A neighbor told us that he witnessed multiple Cowherd crew members placing various items, which belonged to us, in their vehicles. Based on the neighbor's words, we were the victims of rampant theft.

A number of good-hearted individuals helped us place furniture and some of our valuables in the neighbor's garage. But a lot of personal belongings--clothes, wedding photos, my wedding ring, and much more--seem to be gone. As I type this, I'm not sure what Carol and I have left--the clothes on our back, our kitty kat Baxter, miscellaneous furniture, and not much else.

I put the term eviction in quotation marks above because the entire procedure that led to Carol's injuries was unlawful. I will explain further in an upcoming post, but I was the defendant in a rent-and-possession lawsuit styled Trent Cowherd v. Roger Shuler. I had timely filed a notice of appeal, and under Missouri law, that puts a stay on execution of an eviction notice. Neither officers nor the Cowherd crew members had lawful grounds to be on the property last Wednesday (September 9), but they broke through our door, pointed multiple weapons at me, and broke Carol's arm anyway. And if our neighbor's words are on target, they also caused many of our personal belongings to be stolen.

All of this explains why Legal Schnauzer has been quiet in recent days. I will update readers on Carol's condition and related events, hopefully in a few days. My access to a computer right now is limited, so I will not be able to post comments and respond to e-mails as quickly as I usually do.

Information about Trent Cowherd v. Roger Shuler, the underlying "eviction" case that led to all of this, is available at the following link:

Your Missouri Courts

You can click on "Litigant Name Search" and type in my name to call up both the trial-court case and appellate case that, by law, put a stay on the eviction. Most of the case information can be viewed by clicking "Docket Entries."

Here is a portion of the docket entry for the trial-court case. It clearly shows that I filed a notice of appeal on 9/8/15, and the eviction took place anyway on 9/9/15:

09/10/2015 -- Return Service - Other
Landlord Execution returned served/posted by the GCSD. /st

09/09/2015 -- Correspondence Filed
Missouri Court of Appeals files Correspondence to acknowledge receipt of a notice of appeal./bh

09/08/2015 -- Motion to Quash
Defendant filing pro se files Motion to Quash Execution. /kbt
Certificate of Mailing
Notice of Appeal saved and attached in PDF format for Attorney(s) to retrieve from secure case.net. Notice of Appeal sent electronically to Missouri Court of Appeals, Southern District/KC
Notice of Appeal Filed
Roger Shuler Defendant Pro Se Files Notice of Appeal. /KC
08/31/2015 -- Judgment Entered
Formal Interlocutory Judgment executed and filed. Rose/kj Judgment for possession. Rose/kj

I will explain the law behind this in an upcoming post. For now, I have a wife whose upper arm--in the words of her doctor--is "snapped in two." Getting her on the mend is priority No. 1. Meanwhile, many of our possessions have been lost or stolen, and the roof over our head might soon disappear.

Those familiar with my bogus arrest and incarceration in Alabama know that the price is high for journalists who dare to report accurately about legal and political corruption. The price has just gotten higher--and the terrorism campaign against us officially has crossed state borders.


daelv said...

So sad to hear this Roger. We are getting the word out.

Robby Scott Hill said...

Glad to hear you & Carol are alive. This is why folks need to inventory & photograph their belongings & get renter's insurance. People pretty much don't keep Documentarion on anything other than their house and cars. When anything else goes missing, you can't identify it.

Anonymous said...

How far behind are y'all on your rent? How much do you owe?

Anonymous said...

Very sorry to hear about this trauma. Hope your wife's arm heals soon. And for lack of anything better to say, I hope things get better soon.

Unknown said...

My thoughts and prayers are with you and Carol, Roger.

truthseeker said...

Roger there are no words to convey the ridiculousness of these people who attacked you and Carol. Would you or Carol mind photographing her arms and posting them on your blog? I think there needs to be a record in the minds of people as you both move forward to filing a lawsuit against Cowherd and the local sheriffs department. And also be aware that the hospital may have been ordered to jerk Carol around on getting her surgery. Maybe you should move her somewhere where the powers that be have not schooled the hospital.

Anonymous said...

Where did everyone go? I was expecting one or two comments from all of the informed out there.
I hope things get better for you soon and Mrs. Shuler.

legalschnauzer said...

My access to a computer is limited at the moment, @9:56, so it will take longer than usual for me to get comments posted and respond to e-mails.

legalschnauzer said...

That's a good idea about photographing Carol's injuries, @8:52. We've talked about that, but we only have a very low-end cell phone, and it doesn't take very good pictures. We might try it anyway. Carol is in surgery as I type this, so hoping for a good outcome.

legalschnauzer said...

Thanks for the kind thoughts and supportive words. Carol is in surgery right now, and I'm taking a break from waiting duties to try to get caught up in the digital world. Hope to have positive news to report in the next day or so.

Anonymous said...

Did they take your computer Roger?

legalschnauzer said...

We were able to save the computer, although I'm not sure about the wiring, etc. Right now, the computer is stored in our former neighbor's garage, but we don't have access to wi-fi in our current location, so that's a problem.

Anonymous said...

''In times of universal deciet, telling the truth becomes a revolutionary act.''
George Orwell

Anonymous said...

I'm confused. I work for a rental company. There are laws in Alabama that protect the landlord and the tenant. Did they ignore your appeal or did you miss the date for the hearing? The deputy that handles our evictions are there to enforce the eviction but don't touch anything. Employees of our company remove the tenants belongings, change locks, etc. I've never heard of this many deputies going to an eviction.

legalschnauzer said...

Most rational people would be confused, @6:06. Yes, they completely ignored my appeal, which put an automatic stay on the eviction. I notified the landlord's attorney, both by e-mail and voice message, so he had every reason to know that the eviction could not go forward. I've had others tell me they've never heard of this many deputies going to an eviction and bringing at least one, maybe two, assault weapons--plus multiple handguns. The sheriff of Greene County, Missouri, himself was there. How often does that happen? Not only did they touch stuff, they handcuffed both Carol and me, they assaulted her and broke her arm while she was trying to retrieve our cat's litter box, and a neighbor said he saw the landlord's crew stealing our belongings.

e.a.f. said...

I am so sorry to hear of the assault on Carol and the injuries she has sustained.

Eviction with cops and guns??? Thank heavens they don't "evict" any one like this in Canada. Renters in British Columbia at least have more rights than they do in your state.

I wish you and Carol the best and wish Carol a speedy recovery.

Anonymous said...

I think Missouri is the only state that gives the Landlord the right to evict you if you miss one payment on rent and other absurdities. I don't know if you're in the legal right or wrong.

legalschnauzer said...

There are a number of absurdities in Missouri landlord-tenant law, you are correct about that. But it's clear that a tenant has a 10-day window to file a notice of appeal, which puts a stay on any eviction. The record shows I did that, on day 8 of the 10-day window, so by law, the deputies had no lawful grounds to be on the property. I'm in the legal right, and there is nothing in the record--and you can view the docket at case.net--that disputes that.

Anonymous said...

The execution date was August 28. It appears on the face of it the start of the judgment for motion to quash execution was never filed within the limit by the 7th of September.

08/28/2015 Notice to Vacate Executed
Landlord Execution saved and attached in PDF format for Attorney to retrieve from secure case.net./bh

09/08/2015 Motion to Quash
Defendant filing pro se files Motion to Quash Execution. /kbt
Certificate of Mailing
Notice of Appeal saved and attached in PDF format for Attorney(s) to retrieve from secure case.net. Notice of Appeal sent electronically to Missouri Court of Appeals, Southern District/KC
Notice of Appeal Filed
Roger Shuler Defendant Pro Se Files Notice of Appeal. /KC

Mr. Edward said...

Would you be able to recognize the signs if you were having panic attack?
how long do panic attacks last

legalschnauzer said...

You apparently are not familiar with Missouri law or reading a docket, @4:03.

The 10-day window for filing a notice of appeal begins on the date judgment was entered. If you check the docket entry, you will see that date was 8/31. Under Missouri law, the first date is not counted in calculating time limits, but the final date is. That means the deadline for filing notice of appeal was 9/10. Again, a simple docket check shows the notice of appeal was filed on 9/8, two days inside the 10-day window.

Sorry to burst your balloon, but you have no clue what you are talking about. And you will notice that the docket shows no party disputing that the appeal was timely filed, and that it put an automatic stay on execution.