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Howell Highlights from GoAshe.com

“I noticed after the primary election that Phil Howell had put up these small red signs that said Thank You and drilled them on his big signs. It was a large part of my decision to vote for him (in the general election). I thought it said a lot about his character and people at my office and church said the same thing. Several actually said that they had planned to vote for Bucky until they saw those signs.

I wondered if he’d put them back up if he won the big election. I thought if he did then he’d be doing it out of genuine appreciation since the election would be over. Well those signs are back. A few friends said they saw some the VERY NEXT MORNING after the election. I must not have paid attention but friends and family say he had them up Wednesday morning befor the sun was even up. That means this guy won the election and then headed out in the dark to thank the voters. I think even Bucky supporters have to see that that’s a good sign for how Sheriff Howell will run his department. It shows that he knows who he works for and that he appreciates us.”

“A politician thanked his supporters? That’s unheard of. This guy really is cut from a different cloth.”

“Phil has also closed his business High Country Guns and Conceal carry, figuring it would not be ethical for him to instruct public conceal carry classes since he will be signing the back of all conceal carry permits. Now thats a upstanding gentleman for sure.”

“My point the post was simply to say I thought the Thank You signs were a nice gesture that many people I know appreciated. I said nothing initially about Bucky or partisan politics but the bitter Bucky voters had to tear this thread down to their level yet again.

I’m glad we have a Sheriff that recognizes the people. That’s all. Leave t to bitter Bucky people to derail a positive topic.”

“wonder if Phil will steep up and get rid of all the ones in the jail that you all say needs to go???”

“I think it’s pretty obvious what the opinion of the voters were this time, we the people are simply not going to have the good ol boy system anymore.

If the jail captain and other jailers who have been caught on camera and posted on this site are not terminated by Sheriff Howell, then to me that’s a personal insult for my vote! The choice is a clear one, Sheriff Howell needs to fix the jail.”

“Howell should give SPrice & the Lt. from Virginia & GCalloway & couple of other’s an opportunity to resign – but under no circumstances should he keep them as they will certainly work to undermine Phil and his administration. Those officers worked hard attacking Phil because they knew if Bucky lost, their party of misconduct would come to an end.

Voters who trusted their eyes over those officers lies and rumors, most people saw first hand what these officers done while wearing a badge in the pictures. When they were exposed, everyone waited for Bucky to fire those officers – but when it became apparent that Bucky wasn’t going to end the corruption or even acknowledge the problem, They voted against him.”

“She may try but it won’t do her any good Bucky is done thanks to the ppl of Ashe county! It’s going to be very interesting to watch how many walk out when Phil is sworn in on December 1st..wonder who he has in mind to take over as Jail captain if or when SP resigns.

Let’s all hope he doesn’t make the mistake of bringing the other SP back she was just as bad as this administration when it came to Mr.Rivera and his “freedom” to roam and have contact visits etc.”

“I can’t wait for the change of sheriffs hopefully this will be the change Ashe has long needed! This is not going to be Phil’s easiest project probably the hardest of his life. That place is in shambles thanks to Buchanan and his bunch of crooks then Hartley, Bucky and his bunch of corrupt Aholes.

Oh yeah let’s not forget the wonderful Mr.Rivera and his best friends from the jail they sure helped Bucky LMAO! Around of applause for SP, GC, KM and the other detention staff that seems to think it’s cool to be friends with former inmates on social networks! Let’s pray Phil puts a stop to the detention staff and the rest of the SO being friendly with former inmates on social pages. Ethics and how not to intermingle with inmates is a few topics that needs to be taught to the jail staff.”

“Phil is now the highest elected official in the County. Bucky could have been a decent Sheriff had it not of been for Sharon, Calloway, Miller and a few others. Those handful of people talked trash about Phil behind his back while kissing up to him to his face while in the background they done as they pleased which included allowing inmates to break laws, etc.

They thought Bucky would remain in as Sheriff and nothing could shake his popularity. Despite the release of those pictures, Bucky never took control or done what should have been done. Fired those employee’s and tell the County that he was running that he doesn’t support that kind of conduct. Instead he arrogantly believed everyone would ignore the pictures and what his “buddies” were doing to him and his reputation. It was a serious miscalculation on his part which ended up costing him hundreds of supporters.

Hopefully Phil will take charge and remove the bad apples and get the detention center and department back on track.”

“The commissioners have no authority over the sheriff. They can talk all they want, but Howell was elected by the people. That’s who he answers to, not the commissioners. And as the rightfully elected sheriff, he has full authority to do anything he wants, as long as it’s legal.”

“Ever seen the original Joe Don Baker movie “Walking Tall”? Law enforcement officials are supposed to have character and pride and walk a certain line. Deputies/Policeman/Highway Patrol all have a certain standard! Why should our Detention/Jailers be any different? Some Ashe Jailers are pathetic, why do you ask? Look at the Head Jailer/Captain WAFJ…. Sheriff Howell will only have success in his office if he surrounds himself with officers who walk tall. His chief deputy Houck knows all about that being a military man, hope he personally gives high and tight cuts, clean shaved instructions first thing. And for goodness sakes get some dental insurance for the county employees.”

“First thing he needs to do when he steps in his role is remove the toothless one. Her and the others pictured have tarnished the jail and the department.”

“I told you this county was tired of the good ol boy system! LMAO Howell congratulations, hope your first oder of business is to fire S. Price and get your jail in order. You promised good change let us the voters see you keep your word! Go Howell, make Ashe great again!”

“When the Colorado state legislature banned 30rd ammunition magazines in that state, who stood up and refused to enforce that unconstitutional law? A few sheriffs. ALL of the sheriff’s who refused were Republican sheriff’s. None were Democrats. This made gun owners in one county have to drive several counties away to a jurisdiction with a Republican Sheriff just to go to the shooting range with their previously-legal guns. Ask those gun owners if the party of their Sheriff mattered. Same thing has happened in Mass and NY I voted for Howell. The guy owns a federal firearms license. I know where he stands.”

“Well goodbye, now if that lying S.Price and the rest of that corrupt non professional jailers will resign maybe Sheriff Howell can get that jail in order. Goodbye ” Good Ol Boy System”!”

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New Sheriff in Town

Yesterday, the good people of Ashe County took to the polls, and it’s official:  The grotesquely degenerate and predictably leftist Good Ol’ Boy Club will lose the protection of their crooked Sheriff’s Office on December 3rd, when “outsider” Sheriff-Elect Phil Howell is sworn in – and begins to clean house.

In his first race, Phil narrowly beat the G.O.B. Club’s pick by a narrow 208 votes – with almost 13,000 votes cast.

The elephant in the room, and question on everyone’s mind:  Will the resignations come faster than the lawsuits?  I heard Chief Jailer Captain Sharon Price didn’t show up for work today…

Brian has a Grand Jury Hearing next Thursday.

Discovery #2 of 3 – and Counting

This won’t be the last discovery; Motions to Compel notwithstanding, still missing are the lab results from the mushrooms, i.e. the probable cause for the original arrest.  Interestingly about the mushrooms that Brian harvested from his front yard, while they likely contained no psilocybin, they absolutely contained DMT.

Brian has truth and righteousness on his side, ACSO has search and seizure warrants based on hearsay if anything at all, and the public is witness to how they could be treated by ACSO.  As for the spectacle of how ACSO handles its business, certainly its “Grievance Process”:  I bet Sheriff Hartley is looking forward to December 31st.

Brian has his biggest “hearing” to-date tomorrow.  His third in as many weeks, in as many months.

Fish or Cut Bait

Brian caught the court with their pants down last week with his Pro Se defense; so this week, at his second appearance, the court accepted his dire motion to preserve evidence and then granted the DA’s request for a continuance – until the end of November!  Brian is already waiting for another hearing which is currently scheduled for October.

By the time I talked to Brian that afternoon, he was preparing for another two months inside the Ashe County Detention Center.  He’s already been there for three months.

Case Number:  2018050638 CR  (Offense Codes on the left, Statutes on the right):

  • 3522      Felony FELONY POSSESSION SCH I CS               90-95(A)(3)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (3) To possess a controlled substance.

Case Number:   2018050658 CR

  • 3346       Felony PWIM PRECURSOR-NOT METH             90-95(D1)(1)A
    (d1)(1) Except as authorized by this Article, it is unlawful for any person to:
    a. Possess an immediate precursor chemical with intent to manufacture a controlled substance;

    9968       Felony MAINTN VEH/DWELL/PLACE CS (F)      90-108(A)(7)

    (a) It shall be unlawful for any person:
    (7) To knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this Article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Article;

Case Number:  2018050892 CR

  • 3501      Felony MANUFACTURE SCH I CS                      90-95(A)(1)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;
  • 3522      Felony FELONY POSSESSION SCH I CS           90-95(A)(3)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (3) To possess a controlled substance.

Case Number:  2018050893 CR

  • 3515       Felony PWIMSD SCH I CS                                  90-95(A)(1)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;

 

Here’s the short-list of the charges, color-coded for clerical error/maliciousness:

2018050638 3522  Felony FELONY POSSESSION SCH I CS  90-95(A)(3)
2018050658 3346  Felony PWIM PRECURSOR-NOT METH  90-95(D1)(1)A
  9968  Felony MAINTN VEH/DWELL/PLACE CS (F)  90-108(A)(7)
2018050892 3501  Felony MANUFACTURE SCH I CS  90-95(A)(1)
  3522  Felony FELONY POSSESSION SCH I CS  90-95(A)(3)
2018050893 3515  Felony PWIMSD SCH I CS  90-95(A)(1)

 

 

Tiger by the Tail

Officer Chris Eldreth never called me back, but Sheriff Jim Hartley did:  He advised that I put my grievance in writing and mail it to him, so I did:  Certified mail goes out tomorrow, and emails have already been dispatched.  I post my grievances here for the record, and because I’m concerned about Brian’s safety and well-being.

My first grievance concerns the abjectly unprofessional treatment I received from Officer Chris Eldreth on the morning of Friday, September 7, 2018:  I agree with Officer Chris Eldreth’s assessment that if I was physically in Ashe County, I would be unable to oppose the violence of ACSO – I hope my 1,500 mile distance is enough of a firewall to keep the boots of ACSO off my neck.

My second grievance concerns the incomplete and out-of-date contents of the legal library at the ACSO detention center:  By all accounts, the condition of the law library, and possibly the detention center as a whole, is abysmal.

How the ACSO Grievance Process “Works”

I called the ACSO this morning to file a grievance with them about the condition of their legal library in their detention center:  Their library is grievously out-of-date and incomplete.

After calling them back (they put me through to voicemail first), I was transferred to and greeted on speakerphone by at least one person who identified himself as Officer Chris Eldreth.

I introduced myself to Officer Eldreth and thanked him for helping me to file a grievance.  I explained to him the nature and substance of my complaint, and I told him I am looking for two things from the grievance:

  1. I’d like to know who is responsible for the legal library in the detention center.  If it’s not ACSO, then who?
  2. I’d like to have an inventory list of the legal library in the detention center.

When I asked Officer Eldreth how the grievance process gets started, he didn’t answer my question and instead began to aggressively interrogate me.  For a few minutes, I answered his barrage of questions, despite his repeated and hostile interruptions.

Officer Eldreth refused to answer every single question I asked him – so I finally asked him if he was also going to refuse to accept my grievance.

Silence.

So I asked the question again:  “Are you refusing to accept my grievance?”

Still no answer.

I asked him if we were on a recorded line, and for a third time, “Officer Eldreth, are you refusing to accept my grievance?”  Finally, he answered my question – by hanging up the phone.

The secretary sounded confused when I greeted her for the third time – I called back; maybe the call got disconnected…  She put me through to Officer Eldreth – and I got his voicemail.

How’s THAT for a grievance process?

Breakthrough Hearing

Brian’s two new felony cases – retaliation and punishment for a complaint to the Department of Health – were slipped into the Add-on docket of today’s Regular docket of the Main Courtroom.  The Add-on docket is for last-minute, unplanned cases – Brian’s case, as of today, is 77 days old – and he is still being held at the Ashe County Detention Center.

There are no transcripts or audio recordings from the District Court so only those present witnessed Brian wisely represent himself Pro Se, thus forcing the court to finally recognize him; he has thus far been denied an appearance before a court – in fact, he has not even been indicted on the first two felony cases.

Finally in the presence of public court, Brian reiterated his motions and filed them again with the Clerk of the Court and the District Attorney, which are republished again here:

“September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion To Preserve Evidence. Specifically, the laptop that was confiscated by ACSO contains my research work.  I research and publish in BOTH technology and medicine forums on the internet promoting academic and industry advancement.  My technology work is published at CodeProject.com under the project titled XMLFoundation and my medicine research is published at ResearchGate.net under the project titled “Neurodegenerative Disease Cure 2018”.

I need the laptop returned in the same condition it was taken – specifically do NOT wipe the hard disk and do NOT erase browser cookies containing website login information.

In the interest of justice and honest defense, as explained to the court on September 6, 2018 please order this Motion To Preserve Evidence and return the property to the defense since the prosecutorial team has had it in their possession for 77 days and had ample opportunity to seek for evidence of narcotic sales which I know for certain does not exist on the laptop because I do not sell the small amounts of research items I experiment with.

September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion for Discovery.  This motion was presented orally to the court on September 6 after asking the District Attorney if the 3 new felony charges were based on new evidence.  The District Attorney refused to answer the question, therefore I pray the court orders prosecution to release all evidence to myself without further delay.  The delays to date have been unacceptable and can no longer be tolerated because we are now under the time restraints of the Motion for a Fast and Speedy Trial which was also spoken orally to the court on September 6 and served in writing to the District Attorney, the copy served to the DA was marked received by the Clerk of Court on August 7, 2018.

September 6, 2018
Now comes Brian Aberle, represented Pro Se with this Motion for a Fast and Speedy Trial.  This motion was first filed in a letter dated August 1, 2018 and received and filed with the Clerk of Court on August 7, 2018 along with my motion to represent myself Pro Se pursuant to 15A-1242.  This motion asserts and reaffirms intentions filed on August 7, 2018.

September 6, 2018
Clerk of Court:
On September 6, 2018 Brian Aberle was before the court and on that day the District Attorney claims he did not receive documents that were marked received by the Clerk of Court on August 7, 2018.  I served him with my only copy of these documents other than the handwritten originals which are still in my possession.  Please mail me copies of these documents and copies of all Motions, Statements, and Letters on file with the Clerk of Court for the case of Brian Aberle who is represented Pro Se.

Thank you for your time on this important matter.”

In Brian’s own words:

I just got back from court.  I hope to God that the news was there.  I elected to represent myself in front of the courtroom.  I asked what my maximum sentence was:  130 months on just the three felonies that were before the judge.

First things first – Motion to Preserve Evidence – I told the court I am a medicine researcher and that the laptop contains evidence essential to my defense.  The judge said that the motion must be served to the DA’s office, I said “I thought that a motion filed with the Clerk of the Court is serving the DA.”  The judge was unsure of the procedure.

I said, “Since there were three new felonies filed, was there any new evidence?”  The District Attorney could not say or did not know?  WTF?  So I filed a Motion for Discovery of Evidence.  The judge said that the motion must be filed with the DA, I said it already was, and I have that motion right here stamped ‘received’ by the Clerk of the Court.  I served my copy to the DA right there.

The judge recommended that I use appointed-counsel.  I asked if I could retain my previously-appointed counsel as standby counsel.  The judge said, “I don’t think that North Carolina allows that anymore.”  I told him that the jail only gives me access to a law book that is 25 years old – and that book says that the court can appoint counsel as standby.  I asked the court to have the jail give me current legal reference – the judge said, “I don’t know what the jail must provide you with.”

See if the court proceedings were recorded, and if can you obtain the transcripts.

I hope the news was there.

God was with me.”

 

Discovery?

The DA finally met Brian’s request for discovery – with eleven partial pages of at least five different documents, two pages of which are virtually duplicate.  Click here to read for yourself what the DA intends to introduce as evidence against Brian:  A search warrant based on hearsay is included, but notably missing is any reference at all to a bag of mushrooms – which was the probable cause for the June 21 arrest.

Brian’s laptop, which was also seized, is missing from the discovery, as is the chain-of-custody for their evidence.

The DA is prosecuting Brian for three felony charges in two separate cases:

  • 3346      Felony PWIM PRECURSOR-NOT METH            90-95(D1)(1)A
    (d1)(1) Except as authorized by this Article, it is unlawful for any person to:
    a. Possess an immediate precursor chemical with intent to manufacture a controlled substance;
  • 9968     Felony MAINTN VEH/DWELL/PLACE CS (F)     90-108(A)(7)
    (a) It shall be unlawful for any person:
    (7) To knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this Article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Article
  • 3522     Felony FELONY POSSESSION SCH I CS              90-95(A)(3)
    (a) Except as authorized by this Article, it is unlawful for any person:
    (3) To possess a controlled substance.

The DA claims that SBI produced LESS than .1 (that’s point one) grams of DMT from the entire destruction of Brian’s lab and its contents.

How much is LESS THAN .1 grams?  And how is the DA is going to argue that Brian’s WHOLE LAB AND INVENTORY was set up to manufacture DMT?

Did the Ashe County Sheriff’s Office have Brian Aberle’s entire lab destroyed – ahead of any hearings or trials – just to prove that plants have DMT in them?  Is the DA savvy to argue 116 grams of liquid DMT?

If you want to offer your expertise, Brian needs expert testimony.

 

Notes from the investigation

The Ashe County Sheriff’s Office just got served a lawsuit.  Seems like the felonious problems with their last sheriff won’t just end in public outrage and a sweetheart plea – there is now the civil matter of “flagrant and unlawful abuse of power” wherein “former employees who dared to speak truth to power faced unlawful consequences in the form of retaliatory firings, malicious prosecution, and a defamatory public relations smear campaign.”  If that’s how the ACSO treats its own employees, how does it treats its prisoners who try to speak truth to power?  And what was going on that one of the plaintiffs is a four-year-old child?

1.  They found two 10 kilo bags of peganum harmala – almost gone – evidence suggests that this was NOT a DMT lab but an Acetyl-cholinesterase-inhibitor (AChI) medicine lab – which is consistent with the research publication he has made at ResearchGate.net.

2.  Brian is also researching anti-depressant alternative natural medicines.  DMT is an analog of serotonin.  SSRI’s and sNRI’s work by indirectly raising serotonin levels.  Yopo seeds and some grasses contain serotonin (and DMT) – one extraction pulls both but then they must be split.

3.  Brian has posted very detailed answers about extraction and splitting of the medicines found within Syrian rue (peganum harmala).  He is looking forward to using evidence from his laptop for his defense.