Wednesday, September 20, 2017

When my brothers' bogus reports to our health-care provider didn't result in much, they contacted cops directly to claim Carol and I were mentally unstable

David Shuler
How desperate were my brothers to portray Carol and me as threats to law enforcement regarding our unlawful eviction in September 2015?Documents obtained via discovery in the bogus "assault" case against Carol reveal they were pretty darned desperate.

My brothers contacted Burrell Behavioral Health to report a "threat" we had never made -- and on top of that, we likely had withdrawn permission for Burrell to communicate with any of my family members. According to 911 records, that resulted in a finding that I had no significant call history, and "no other police action [would be] taken at this time." To be precise, there probably was no call history at all on me, and no police action ever was taken -- much less "other" police action.

So, it seems my brothers' efforts to cause a stir failed, but they didn't stop there, according to police documents. What would make David Shuler (an attorney, with an apparently busy divorce practice) and Paul Shuler (who long has worked as a radiology technician at Mercy Hospital Springfield) spread word that we were dangerous, without any evidence to support that?

The scary and disturbing question in my mind is this: Were they trying to get us killed, and if so, who put that notion in their minds? If that was their plan, it damn near worked. A thuggish cop almost ripped Carol's left arm apart at the elbow, requiring trauma surgery. And another cop barged into our home and pointed an assault rifle at my head, with his finger on the trigger. The slightest bump or flick could have caused my brains to land all over the wall behind me.

Calling our health-care provider did not accomplish much, so David and Paul apparently tried calling cops directly. (Documents are embedded at the end of this post.) This is from Deputy Debi Wade's written report, dated 9/10/15, the day after our eviction:

On August 30, 2015, we received the Writ of Execution to post at the residence. It was posted by Deputy Harrison on the morning of September 1, 2015, with a deadline date of 09-09-15 @ 9 a.m. given. Between the 1st and the 9th of September, two deputies with our agency were contacted by two different brothers to Roger Shuler. The brothers . . . both wanted to warn deputies that their brother was mentally unstable. They both stated that they feared for our officer's safety during the eviction. I was told that one of the brothers stated that Roger's wife Carol had the same mental instability and belief system as Roger and would more than likely go along with whatever her husband did or said. We were not aware that Roger had a wife in the home up to that point.

This is pretty mind-blowing stuff, so let's try to digest it:

(1) Between Sept. 1-9, roughly three weeks after the 911 call from Burrell hadn't accomplished much, both of my brothers contacted deputies to claim I was mentally unstable. What evidence did they present of that? We have no idea.

(2) Why did my brothers consider it their concern to worry about officer safety? Most officers have the equipment and training to take care of their own safety, right? Were my brothers at all concerned about the legality of the planned eviction or danger to OUR safety that their call was causing? Doesn't sound like it. Perhaps they wanted us to be in danger.

(3) Carol and I have a "belief system" that makes us a threat? What the hell belief system is that -- being a Democrat, expecting courts and law enforcement to act without corruption? Has our country dropped into such a hole that these "beliefs" and expectations are considered unusual, even threatening? Sheesh.

What about the words of Deputy Scott Harrison, who seems to have been involved in this up to his eyeballs? The first word of a 911 call came via an e-mail from David Shuler, based on information supposedly provided by Scott Harrison -- and it claimed I had issued a threat via 911, which even officers now seem to admit was false. Harrison notes the "threat" was issued via a 911 call from Burrell Health, and then writes:

Roger's brothers, David Shuler and Paul Shuler, had also both independently expressed concerns for our officers' safety due to this threat made by Roger to harm the Law Enforcement officers tasked with enforcing the eviction. David Shuler and Paul Shuler both advised that they were unaware of whether or not Roger owned any guns or other weapons, but both felt he was capable of carrying out his threats given his current mental state and psychological issues. We were . . . told that Roger Shuler's wife Carol also suffered from mental illness.

What jumps out here?

(1) Harrison fails to mention that, based on records of the 911 call, David and Paul created the "threat" out of thin air. There is zero evidence that I made such a threat.

(2) David and Paul admit they have no idea whether I have any weaponry to carry out a "threat." In fact, I didn't and never have. Ironically, Paul is the gun nut in our family; he has taken several trips out west to shoot moose, elk, and other animals. But he thinks I have an issue with guns?

(3) What makes Paul and David experts on my mental state, or Carol's? Since we've been in Missouri, we've barely spoken three sentences to either of them. Neither ever has voiced the slightest concern about Carol's shattered arm, or that I came close to having my head blown off with an assault rifle.

Let's not leave out the words of Officer Jeremy Lynn, who also referenced the 911 call, noting supposed "violence" that seems to have grown from David and Paul's fertile imaginations:

In addition to the above information, two of Mr. Shuler's brothers, one of which is an attorney, had contacted members of the Sheriff's Office to share the fear they had of what he may do during the eviction process to law enforcement.

Probably unknown to Officer Lynn -- it's a matter of public record, via a vicious ex parte letter to the judge in our eviction case -- is that David Shuler was working against us and in favor of landlord Trent Cowherd. And he was doing so, even though Cowherd's eviction action was unlawful on four grounds at the time, with two more (a. acting before rent was at least one month late; b. acting contrary to Missouri's Castle Doctrine Law) discovered later.

The actions of my brothers, according to law-enforcement records, were so outrageous that I'm left with two alarming questions: (1) Were they trying to get us killed? and (2) On whose behalf were they working? It certainly wasn't ours.

If there are other explanations for their actions, I can't think of any.


Anonymous said...

If anyone has issues mental or otherwise it sure is hell is not you or Mrs. Shuler. It is them!!!

Anonymous said...

Your brother, the gun nut, is concerned about you having a gun? He probably doesn't see the irony in that.

legalschnauzer said...

The irony is particularly rich when you consider that neither brother ever has seen me touch a gun, much less shoot one -- other than my BB gun as a kid.

legalschnauzer said...

@8:40 --

What is your point? Do I accuse anyone in the post of having mental issues? If so, it seems to escape my vision. I do point out that my brothers -- for reasons that escape me -- called health-care providers and cops about concerns that I was a threat to whoever might evict us, or they claimed I had threatened to shoot someone. Given that I've never discussed such issues with them, and they generally have not been a part of our lives in ages, that's troubling. I think you would be troubled, too, if someone made such calls about you, with no reason to think they know what they are talking about.

Anyway, their calls are a matter of public record, and I've published the documents that show they made such calls. With that in mind, what's your problem?

Anonymous said...

@6:40 am can correct me if I'm wrong, but I read his or her comment as being totally supportive of you and Carol, and questioning your brothers' mental health in light of their blatantly immoral (and possibly illegal) actions.

legalschnauzer said...

@3:46 --

I think you mean 8:40, not 6:40? Yes, I wish @6:40 would clarify if I interpreted his comment the wrong way. I took it as a sarcastic slam at Carol and me, but rereading it after getting your comment, I see how you could take it the other way. Maybe we will find out for sure.

Anonymous said...

I meant it exactly as it sounds, they are back stabbers and traitors. I am a big fan of you all and your real journalism.

Anonymous said...

Here's what I don't get. Why do your brothers see it as their responsibility to be concerned about police safety? Cops do this kind of stuff every day, and they are trained in self defense. It was just you and Carol. It's not like you were holed up with a motorcycle gang or a 25-member religious cult. Why do your brothers think cops need their help with this kind of stuff?

legalschnauzer said...

@4:12 --

You raise a very good point, one I touch on briefly in the post, but you do a good job of expounding on it. My answer to your question is that my brothers weren't really concerned about police safety, they knew I hadn't threatened anyone, they knew Carol and I were not a threat to anyone, and they knew we didn't have guns.

I think the whole 911/threat business was a ruse to give Sheriff Jim Arnott an excuse to be on the scene so he could oversee an eviction without a court order. I've yet to see a judge-authorized court order that allowed for this eviction, stayed by law, to move forward. I think certain people knew there would be no court order, but they were determined to evict us anyway, for terrorism purposes that likely grew from the imagination of someone in Alabama. Here is URL to a post I've written on the subject.

Anonymous said...

Agree with 4:12. Whenever cops appear at a residence, for an eviction or anything else, they should assume there are guns on the premises. They should know how to handle such situations, without the assistance of the Shuler Brothers (who are not nearly as funny as the Smothers Brothers).

Anonymous said...

Maybe you have a defamation case against your brothers.

legalschnauzer said...

@4:03 --

Thanks for the clarification and for the kind words. My apologies for failing to read it correctly the first time around. I'm glad @3:46 raised the question because my reading of it certainly was off target.

Anonymous said...

I am not a great or eloquent writer, I write simply. I just call it like I see it. Keep up the great writing.

Anonymous said...

LS . . . I missed the post about your theories re: the 911 call the first time around. But I caught it this time, and I think you might be on target. If you are, doesn't that mean your brothers have been part of a scheme to hurt Carol and you? Must be sobering.

legalschnauzer said...

@7:20 --

Yes, that's exactly what it means. And yes, it is sobering -- also infuriating.

Anonymous said...

Then I remembered a few other old LS posts which mention one or both of your brothers:

Wednesday, October 7, 2015 My family in Missouri is trying to have my wife and me declared incapacitated in the wake of assault by Missouri deputies that left her with a broken arm

Wednesday, October 12, 2016 Was my Missouri-lawyer brother, David Shuler, blowing smoke up my fanny when he suggested it was fine for a landlord to shut off utilities on tenant? (Updated at 11:15 a.m., 10/12/16, to include extended version of e-mail between Roger Shuler and his brother, Missouri lawyer David Shuler.)