Provocation and Prosecution

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[Abuse] [Texas]

Provocation and Prosecution

On August 19, 2013 I was assaulted by TDCJ-CID officer K. McInnes. This officer sprayed me in the face with chemical agent for nothing. As a result, I defended myself and I was locked up for "assaulting an officer without a weapon with serious injuries." I was placed in 11 building, solitary cell, and not allowed to decontaminate myself. No investigation of the offense report (I-210) took place, no officer came and obtained my statement for the offense report, and I did not find out about the case until I was served by the substitute counsel. No one has brought up the fact that the officer assaulted me from the beginning by spraying chemical agent in my face for nothing, which resulted in my actions.

Additionally, facts show per policy that I was wrongfully charged with the offense of "serious" injuries when there were none. Policy states that serious injuries are sutures, stitches, fractures, or hospitalization. See AD 04.11 Security Precaution Designators. There were only bruises and a headache with no hospitalization.

As you should know I was found guilty by a biased disciplinary hearing officer. I was punished to the max, but as a result of this action I did over one hundred days in the same solitary cell, and refused my property even though I was not given property restriction. All grievances were denied, even though the answers and actions taken were against policy.

On 21 August 2013, I filed by sending my criminal complaint with affidavit to the Anderson County District Attorney against the TDCJ-CID Officer K. McInnes for assaulting me. On 3 October 2013, the District Attorney referred my complaint to the Office of Inspector General in Huntsville, Texas. As a result, I was read my rights by the Michael Unit OIG Officer Campos, which resulted in criminal charges being filed on me by TDCJ-CID or the State of Texas for "assault on a public servant." I was offered 17 years on this charge, but it is enhanced to 25-99 years or life, because of my priors. All this comes about because I filed criminal charges against the officer for her actions, which were unlawful.

I seek your assistance, because I have no family or friends that will help me, and I have no funds on which to hire an attorney on this matter. And I have no money to file a suit in this matter either, because I am barred from filing suit without the full payment, as a result of the Prison Litigation Reform Act. I need your help as soon as possible, because my next court date is set for 26 October 2015, and I have been notified by the state counsel that after this date the case will be set for trial.