Monday, September 23, 2019

Goofy 911 call in Missouri focuses mostly on a threat I never made and a gun I never had -- and that's because my lawyer-brother, David Shuler, made it all up

A 911 call that started with an allegation that I had threatened to shoot any law-enforcement officer who tried to evict Carol and me, quickly changed to an admission that I had said no such words -- and ended with the revelation that my lawyer-brother David Shuler instigated the call and made the whole "threat story" up.

The call, from Burrell Behavioral Heath case manager Joshua Davis, starts veering off the tracks with the claim that I had a gun. (Video/audio of 911 call is embedded at the end of this post.) Other than a BB gun I received as a Christmas gift at about age 12, I had never owned a gun in my life, up to the time of the call. Kathryn Mays, who had been assigned as my social worker, can be heard whispering to Davis throughout the call, and much of the misinformation apparently comes from her.

In fact, Davis does not seem to know what he's doing, or why he's even placing a 911 call for a matter he admits up front is a "non-emergency." The 911 dispatcher, a young woman named Maggie, seems to be saying, "Why are you calling me, and what on earth do you want us to do about it?" She really would have been dumbfounded if she had known almost everything she was told was false.

The call includes moments that are downright comical. Davis tries to explain that he is calling because Burrell has a "duty to warn."

That prompts Maggie to say, "I'm not sure what 'warrant' you're talking about."

"I said 'duty to warn.'" Davis explains.

"Oh . . . OK," says Maggie, in a tone that suggests she still has no idea why he's calling.

Does Burrell actually have a "duty to warn" under Missouri state law? If so, I haven't been able to find it. There is this little item called medical confidentiality in many jurisdictions, and Burrell didn't seem to have a problem trampling mine -- going so far as to make up things I didn't say. Here's how the call begins:

Josh: I work with case management, and we have a client with Burrell who threatened to shoot anyone if they came to evict him from his house.

Maggie: Is he being evicted?

Josh: Yes, there has been an eviction notice posted at the house. Part of our duty to warn, according to one of my supervisors, is that I need to let the Greene County Sheriff's Office know, in case they send somebody out there, that he has threatened to shoot anyone . . . or not . . . well he's threatened to protect his home, I believe is his words. And he has a gun.

Notice that in the span of a minute or so, I've gone from threatening to shoot anyone who comes to evict to threatening to "protect my home." These people apparently don't realize there are a lot of steps you can take to "protect your home" that don't involve shooting anyone -- including legal steps, in court, that are supposed to ensure you are not unlawfully evicted. Do the people at Burrell think it's unlawful to protect your home against intruders? Apparently they do. Did any of them think to ask, "Is this threatened eviction unlawful, as Roger says?" Apparently not.

Trust me when I say it's otherworldly to hear people talking about you on a 911 call -- about a threat you never made and a gun you never had.

It gets even more bizarre when Maggie asks Davis if I have any tattoos. Me, a tattoo? I wouldn't be caught dead with one. But you can tell Maggie is making the assumption that I'm a criminal, so I must be covered in tattoos. Then, there is this:

Maggie: He has a gun, you said. Any other weapons that you know of?

Josh: None, that we know of.

Maggie: Would he be under the influence of anything? (Oh great, I'm a criminal AND a druggie.)

Josh: He takes medication for his mental illness that we work with him, but no other drugs . . . (Hey, you forgot my crystal meth. I love me some crystal meth!)

Maggie: What kind of mental illness does he have?

Josh: PTSD and major depression. (You aren't going to mention I was thrown in jail five months for blogging in Alabama? That doesn't qualify as trauma? And depression is considered mental illness? Hell, 7/8 of the country must be mentally ill then.)

Maggie: Is he a veteran?

Josh: No ma'am.

Maggie: Do you think he is at home, at that location, now.

Josh: Yes, most likely.

Remember, all of this hullabaloo -- on what is supposed to be a phone line for emergencies -- largely is about a threat I did not make and a gun I did not have. So who was at the heart of all this baloney? We will address that in an upcoming post.

(To be continued)


Anonymous said...

Aside from anything about you, LS, this was a totally inappropriate use of the 911 system. I believe it's a crime in most states to use 911 in A fraudulent or abusive fashion.

Anonymous said...

Hard to believe employees of a mental-health facility don't know better than to use 911 this way. Do they train these people at all?

Anonymous said...

Burrell must be a very poorly run place -- or it has some bad actors in its hierarchy.

Anonymous said...

No wonder the 911 operator sounds confused on the audio. She's probably thinking, "Why are you tying up my emergency line with a non-emergency situation? Hang up and call the main sheriff's number if you think this will develop into a real crime, as opposed to something that currently seems to reside in your vivid imagination."

Anonymous said...

Your brother sounds like a seriously disturbed individual, and I think it's possible he's involved in organized crime.

legalschnauzer said...

@11:55 --

I am convinced a lot of lawyers, judges, and prosecutors are knowingly engaged in organized crime. In fact, our court system is little more than a cover for organized crime. U.S. Rep. Steve Cohen (D-TN) said on a weekend TV political show that he no longer trusts the U.S. Supreme Court. If the nation's highest court can't be trusted, imagine how bad lower courts must be.

Courts are a breeding ground for "theft of honest services" or "honest services fraud." That doesn't even touch on all the bribery and extortion that goes on.

Anonymous said...

I believe the whole purpose of this 911 call charade was to set you and Carol up to be killed. As I recall, the cops denied in court that they had assault weapons and SWAT gear, but I suspect you know an assault rifle when it's pointed at your head. I think that deputy was supposed to shoot you, and Carol, and he just wasn't able to pull the trigger.

legalschnauzer said...

@12:23 --

I think you are probably right. I was sitting in a chair with my hands folded, staring right at Scott Harrison, the cop with the gun. It's hard to shoot someone under those circumstances, particularly inside his own home. Had I moved in the slightest, I suspect I would be dead, and they would have had to shoot Carol, too.

Brian said...

Where did he get the impression that you had a gun?

It sounds like Josh was imparting his personal thoughts when he said that you threatened to shoot somebody and then quickly tried to take it back.

The question from Maggie asking if you were under the influence of drugs was from a script that run through to gather information. And I would expect there would be question asking about any criminal history which is were I would expect you imprisonment would have came up.

Anonymous said...


“When can I come over?” Martin Rivera, identified as the person Guyger was texting with, asked in his message.

“You can come over after this,” Guyger responded in an apparent allusion to her finishing up at work.

She then texted to Rivera: “super horny today too,” to which Rivera responded, “me too.”

That prompted Guyger to ask him in her next text: “Do you wanna touch?”


"Police partner who ex-cop Amber Guyger was sexting the day she shot dead her black neighbor admits he deleted all their text exchanges following the shooting but denies they had plans to rendezvous that night

Martin Rivera took to the stand during Amber Guyger's murder trial in Dallas on Monday where he was questioned by prosecutors about their relationship
Guyger, 31, is on trial for the fatal shooting of 26-year-old Botham Jean last year after she said she mistakenly entered his apartment thinking it was her own
Prosecutors said Guyger was on the phone with Rivera for 16 minutes as she headed back to her apartment that night in September 2018
They told jurors that Guyger and Rivera had plans to meet up later that night but he denied this during his testimony
Prosecutors had earlier revealed that the two had exchanged sexually explicit messages and images earlier that day
The pair both deleted their text message exchanges after the shooting"


Judge Frustrated Over Gag Order Violation in Guyger Trial
Judge Tammy Kemp grows visibly frustrated after the defense asks for a mistrial due to a possible violation of her gag order by Dallas County District Attorney John Creuzot. Kemp ruled against the mistrial. (Published Monday, Sep 23, 2019 | Credit: NBC 5 News)

legalschnauzer said...


The impression I had a gun apparently came from my brother, David Shuler, calling one of Josh's supervisors at Burrell. So yes, that false notion likely was planted in Josh's brain.

You make a good point about the 911 dispatcher working from a script. They apparently need to add something like this near the top of the script: "Your call is not an emergency, and we cannot tie up an emergency line with a call like this. You need to hang up and call the direct number for the appropriate law enforcement agency. The number for the Greene County Sheriff's Office is ______, and the number for the Springfield PD is ______ . . . "

As for any record regarding my imprisonment, I'm not sure one exists. Rob Riley asked the case file to be sealed, and I'm not sure it's ever been unsealed. Also, I wasn't arrested for a crime, I was arrested for blogging. I'm not sure how they handle that in the records department.