To: Jimmy Berry Facts of Case 7/16/05

I have been studying all these cases of "self defense" and it is amazing how many innocent people there are in prison and many have been put to death, that killed in self defense. Self defense in not a crime according to the law, but this inept system convicts almost all of these people anyway.

How well I know that self defense is not a crime! Yet look at what has happened to me. My actions were supported by self defense. That is why I picked up this Crossbow that was leaning against the wall in my bedroom, after this psycho B from H had already assaulted me and committed aggravated battery and then she assaulted me again and threatened me in my own home! I had every right to pick up this Crossbow. The fact is it was not cocked or loaded as she claims it was and I have and expert witness that will testify to this fact. In fact I never pointed this unloaded Crossbow at this nutcase and held it pointing at the floor, and I just picked it up out of a reaction to protect myself and used it as a means to have some power over her (and it still did not work and she laughed and said, "What are you going to do shoot me with that?," and then while still laughing and smiling from ear to ear, she said, "What are you going to do shoot me with the Crossbow?"--and continued to laugh as I sat it back down and went to the phone and called 911. She grabbed at the phone and grabbed my arm and told me not to call the police---Yet I was charged with Obstruction of 911. Even in her description of this incident in a taped interview with Massey, Jackie Wagner is laughing during this entire rambling and inaccurate description of this incident. She also states that I called 911 as well, and that she was not sure who's call got through!!!

In the least case scenario her threats and forceful demands and the fact that she violently jabbed her fingers into my chest, already bruised by her in Cedartown, would constitute Simple Battery. In the worse case scenario they would constitute a Forcible Felony. I described this incident to Deputy Johnson when I filed a report and when I got the report this incident was not described in it, although the incident in Cedartown was described. I attempted to contact Deputy Johnson several times and could never get him to return my call. I also attempted to file a “supplemental Report” at the Jail and I was threatened with arrest. (I’m not implying that I can prove that this deputy intentionally did this. I remember him asking me if I wanted to press charges on her for this, and I said, “No. I just want to go on with my life.” We then spent the rest of the time talking about skydiving, as he told me about Skydive Monroe. He just probably forgot about it since I said I did not want to press charges.) It is a note of interest that William Bret Painter was the officer that reviewed this report. I have had nothing but prejudice against me by this man in dealing with him. He was always on the side of the woman and would not give a damn about what really went on. . I know for a fact that William Bret Painter, the Deputy that reviewed this report, does not care for me and has made it clear in some other dealings that he was never on my side. I wrote a pamphlet on the facts of the case with Tena McDonnald and Jacky W. on January 12, 2002. I stated in my story the statement, “I have had to deal with what I feel is extreme prejudice by the State, especially by Cpl. William Bret Painter. His reports are full of untruths as to what happened and his reports misrepresent the truth about the facts in the case.” Maybe he had something to do with it not getting in there, but I don’t know. I should also note that on May 19th 2001, I called 911 to file a report on Tena McDonald for Felony False Swearing in a TPO and other Warrant Applications and on harassment by Ms. McDonald and Deputy Kenneth Johnson responded to this call. Deputy Johnson refused to do a report based on the information that I was supplying him. He kept telling him that I want certain facts to be put into the report and he continued to refuse to do this report and told me several times that he could only put information into a report that he could verify and substantiate. I told attempted to explain to him that this was not the case, and that an Incident Report was done based on the information the witness gave him. He continued to refuse to put this information of False Swearing in this report and as he states in this his report on Case Number I 01 50665, “Each time I informed him I could only put in my report things that were substantiated; things that I saw, heard, or could prove, and it was not permissible for him to dictate what words he wanted a deputy to write in their report.” I never dictated anything, and I looked into this and his statement is not correct or accurate, and a person does have the right to file an Incident Report on any incident, and it does not have to be anything the deputy “saw, heard, or could prove.” This would be the very reason why he left this information out of this report that I filed on September 16, 2001, because it was not anything that he “saw, heard, or could prove.” This report was also reviewed by William Bret Painter. 

The thick layer of dust on the shaft of this Crossbow is proof, according to an expert witness, beyond a mathematical certainty that this Crossbow was never cocked or loaded at the time of this incident. If it had been cocked the string would have cleaned off this dust on the shaft as it was pulled back (of course this is the dust an officer of the State cleaned off before it getting to my Nov. 19, 2002 trial).  If a crossbow is not cocked it cannot be effectively loaded. I am an Archery Champion and I was saluted by the City of Atlanta for being an Outstanding Champion in Archery (and awarded a plaque stating this fact), so I know how to use this equipment!!!

I have been doing a take off from her fabricated Police Report she filed four days later and from her statements and her ramblings and contradictions, and I am doing a detailed analysis of them. There are so many contradictions in her crazy ramblings in these two separate interviews with two different detectives that it is overwhelming!!! She contradicts her own statements 30 times 'till Sunday!! In fact virtually every statement that she made in her initial Police Report that was filed on 09/19/01 from an incident on 09/16/01 is contradicted in her interviews with these two detectives (Peavy and Massey).

If I was a detective on this case and had done either one of these interviews with this woman, I would have asked the charges to be dropped against this man on this evidence alone!!-- And then there is so much other evidence that is proof of my innocence!!! And the there have been so many crimes committed against me by officers of the State to cover up the proof of my innocence!!!!!

Kerry