Officer Debi Wade apparently was too ignorant of the law to get it correct in her statement. But she essentially admits that I was right -- the eviction was stayed. Here are her words, and we will straighten things out after that:
Mr. Shuler was being very argumentative and was adamant that there was a court ordered stay on the case but otherwise appeared to be following the deputies' directives once outside of the residence.
Although I had checked Case.net for any changes in the case earlier that morning, I told [Mr. Shuler] that I would check on it again to ensure nothing had changed. I looked up the case on Case.net and found no change to the case since I had last looked. Mr. Shuler had made a motion to stay, but the judge had not ruled on it yet. therefore there was no court ordered stay at that time. I called into the office and asked our paralegal to contact our attorney's office to verify that they were not aware of any changes to the case and was told to proceed with the execution. I came back and attempted to tell Mr. Shuler my findings, but he did not want to listen to reason, only to argue with us.
This is a textbook example of police ignorance and incompetence, so let's briefly address each highlighted section above:
(1) Wade confirms what I've reported on this blog multiple times -- that I stated repeatedly the execution was stayed because we had filed a Notice of Appeal;
(2) Wade must have checked case.net while wearing a blind fold. Anyone can click on case.net, key in my name, and click on case number 1531-AC04535 (Trent Cowherd v. Roger Shuler). There is a docket entry on 9/8/15, the day BEFORE Wade checked, saying "Notice of Appeal Filed." There was an entry on 9/9/15, "Correspondence Filed" -- stating the Missouri Court of Appeals had filed correspondence to acknowledge receipt of our notice of appeal. Based on Wade's statement and the docket, both of those items were present when she looked, clearly showing there WAS a significant change in the case. Debi Wade either didn't see it, or she never looked and is lying about that.
(3) I don't recall ever exchanging a word with Debi Wade. I communicated about the stay with Sheriff Jim Arnott, who repeatedly turned his palms upward and shrugged his shoulders -- doing a nice imitation of a baboon, although most baboons are smarter and better looking than he is.
(4) Wade says she found no changes when she double checked, but as we show in Item No. 2 above, two key changes were in the record. Jose Feliciano could have seen them.
(5) Wade claims "Mr. Shuler had filed a motion to stay," but that's not what I had done; I had filed a Notice of Appeal, and under Missouri law, such a notice (with a bond) stays execution. In our case, there was no money judgment, so there was no bond. This is a sickening lie on Wade's part, the kind that should put her behind bars. She couched it as a motion, upon which a judge typically must rule. But it was a notice of appeal, requiring no action from a judge. Once it's filed, execution is stayed, and no court order is required. Wade has proven she is a dim bulb, but I doubt this was an innocent mistake. It's an intentional effort to misstate Missouri law.
(6) Wade states she called a paralegal to check with an attorney in the office. No one made me aware of this, and I doubt it is true. All the attorney or paralegal had to do was look up RSMo. 534.350. Anyone who deals with evictions regularly should know that law by heart. Wade's own words indicate no one in the office was smart enough to even look up the correct law. And it's mind blowing that deputies who apparently work evictions regularly had to ask about the relevant law, and I had to make them aware that execution was stayed.
(7) Wade says someone in her office told her to proceed with the execution, even though the record at the time clearly showed we had filed a Notice of Appeal. Not only that, the record showed the Missouri Court of Appeals had received our notice and placed it on the docket. It's going to be fun to find out who instructed Wade to go ahead with the eviction; that person is going to have some splainin' to do.
(8) This last nugget tells us that many cops not only are stupid, they aren't very good people. Wade resorts to smart-aleck mode, claiming I didn't "want to listen to reason." It wasn't a matter for "reason" or "debate." I just wanted the facts (that we had filed a notice of appeal) and the law (that the notice had put a stay on execution) to be applied correctly. Debi Wade takes her own ignorance and frames it as my unwillingness to reason. Here we are, almost two years later, and Wade's own words prove I was right.
Other documents in the record show that we timely filed a Notice of Appeal, and Missouri deputies had every reason to know the eviction was stayed. We will examine them next.
(To be continued)