Stalking Away The First Amendment: Part 1

Homestead Police Department (HPD) has silenced the First Amendment with false stalking charges and restraining orders.

Their abuses leading to two of my three false arrest, and to me being served with four frivolous restraining orders.

Sadly, such abuses are not limited to Florida, and occur nationwide.

I have researched this new trick in the police playbook being used to stalk away the First Amendment.

PINAC presents this series as a case study on such stalking abuses in Florida and across the country.

Included are discussions on the federal subsidies which create disincentives to fixing the problem, and discussions on Florida stalking law related to the First Amendment and online activities.

The focus is on cops who violate the law, yet when exposed hide behind laws meant for the protection of battered and abused women.

COWARDS!

HPD’s actions inspired creation of the Coward of the Month award, with John Monaco being the first nominee.

**My Transgressors Choose To Invoke God**

Some may choose to skip over this section, but being a Christian I must oblige these officers with [__truth__](https://www.biblegateway.com/passage/?search=John+8:32) as they are lacking in [__knowledge__](https://www.biblegateway.com/passage/?search=Hosea+4%3A6&version=KJV).  

Generally, I leave the good Lord out of secular discussions, but HPD officers John Monaco (video above) and Alejandro Murguido ([__email__](https://www.documentcloud.org/documents/3141934-Murguido-McConough-Email-Chain.html)) blasphemously [__invoke__](https://www.biblegateway.com/passage/?search=Matthew%205:33-37) God.

They bear [__false witness__](https://www.biblegateway.com/passage/?search=Exodus+20%3A16&version=NIV) against their neighbors, [__not just me__](https://photographyisnotacrime.com/2016/02/16/florida-grandmother-fights-back-against-false-arrest-and-abuse/), breaking laws as ancient the Decalogue.

Swearing oaths to be the keepers of the law, they do not keep it themselves, instead lording it over others.

I am just waiting for them to abuse [__scripture__](https://www.biblegateway.com/passage/?search=Romans%2013), while claiming a [__blessed__](https://www.biblegateway.com/passage/?search=Matthew%205:9) status.

Like the Pharisees they lower their profession to one of sinful revenge and tax collection for their temple (City Hall), simultaneously claiming hero status and victimhood.

Hypocrites, [__Ye Brood of Vipers!__](https://www.biblegateway.com/passage/?search=Matthew+23)

This [__fight__](https://www.biblegateway.com/passage/?search=Ephesians+6%3A10-20&version=KJV) is not against flesh and blood, but against principalities.

I [__pray__](https://www.biblegateway.com/passage/?search=Matthew%205:43-48) for them, while [__rebuking__](https://www.biblegateway.com/passage/?search=Galatians+2:11-21) them, praying they would [__repent__](https://www.biblegateway.com/passage/?search=1%20John+1%3A9) of their sin, turning back to God.

Regardless, their intimidation will never force me into [__quietly__](https://www.biblegateway.com/passage/?search=Acts+16%3A37&version=NIV) walking away while they continue unrepentant in their crimes against humanity.

**OK Back To Secular Earthly Damnation**

This began when I asked HPD Officer Murguido to drive respectfully and obey the law on October 29, 2012,  fearing his driving would kill a child, possibly my own.

Since then HPD officers, including Chief Alexander Rolle, have retaliated against me with nine false stalking abuses alone.

Some of HPD’s stalking complaints got traction, jamming me up with [__ex-parte__](https://en.wikipedia.org/wiki/Ex_parte) injunctions and false arrest, others did not.

HPD officers claim filing complaints against them is stalking, and claim making YouTube videos about cops and/or criticizing them online is cyberstalking.

HPD officers have even retaliated against my family, making the comment below when I called them out for [__criminally libeling__](https://www.flsenate.gov/Laws/Statutes/2011/836.04) my wife on leoaffairs.com.

> “Jimmy, we all have families, and we protect them and our ability to feed and care for them; is called a job. Someone that is trying to take a person’s job is also hurting that person’s family, so it seems fit to get all the family members involved in this fight; don’t you agree?”

NO, I do NOT agree.

It is NEVER acceptable to attack innocent family members, period.

We expect the Mafia to do this, not police officers.

My [__wife__](https://www.youtube.com/watch?v=SMET5z0ib8Y) and the community, [__here__](https://www.youtube.com/watch?v=MM1q9soCBJk&t=1s) and [__here__](https://www.youtube.com/watch?v=syByl8vajfA), do not agree with this line of reasoning, and there is great doubt their families would either.

Rolle covered up these crimes, having the audacity to send my wife a [__letter__](https://www.documentcloud.org/documents/3227641-Letter-From-Rolle.html) stating his refusal to even look to see if his officers are involved.

Yet, with fists full’s of irony and their contrived statements, they call me the “stalker”.

**9 Stalking Law Abuses Personally Suffered At The Hands Of HPD:**

**Abuses 1-3**

The first three stalking abuses were felony aggravated stalking (**1**), misdemeanor simple stalking (**2**), and the first stalking injunction (**3**).

The felony was immediately no actioned, then the misdemeanor was brought in getting nolle prossed, and the injunction was dismissed when Murguido failed to show.

Dates are critical in this section, after the “initial” incident on October 29, 2012, I met with the FBI on October 30, 2012 who told me to go to IA, and was held against my will by HPD officers again on November 1, 2012.

Waiting for things to settle a bit, and in my gut greatly fearing retaliation, I waited until January 24, 2013 before first calling Internal Affairs (IA), and leaving a message with my contact information stating I wanted to make a formal complaint in person, for felony violations against me.

Then I made a [__return call__](https://www.documentcloud.org/documents/3227643-10-Internal-HPD-Email-Showing-They-Were-Not.html) to IA on February 13, 2013 as my call was not being returned, leaving another message with slightly more information, but still never mentioning any officer’s name nor the date, time, or place of either incident; I mentioned being held against my will more than once, and mentioned felony violations of state and federal law, and that Miami-Dade officers were included.

In response Murguido filed criminal charges on February 15, 2013.

Murguido filed his first injunction, see at bottom, on February 28, 2013, when he also unlawfully looked up [__my information__](https://www.documentcloud.org/documents/3229434-Murguido-DAVID.html) on D.A.V.I.D., though we have had no contact that he hasn’t initiated since October 29,2012 and this was all allegedly [__done as a private citizen__](https://www.documentcloud.org/documents/3229435-Murguido-Off-Duty.html).

Murguido claims I contacted IA, and that he was advised to file against me.

Murguido even claims I have a “history of clinically diagnosed mental health problems”, though I have never been to a mental health professional.  This is an obvious lie used to discredit me, that has been carried on by all other HPD officers attacking me.

Murguido alleges two incidents in his injunction, one incident (completely fabricated) occurring in June 2012 (in all other statements he says July 27, 2012 @ 8:00 pm) and the other incident occurring on December 22, 2012 (actually October 29, 2012).

I got served with the injunction on March 6, 2013, and was arrested on April 15, 2013.

IA Detective Antonio Aquino finally returned my call on March 19, 2013 and later sent me this [__letter__](https://www.documentcloud.org/documents/3227646-8-Letter-From-Aquino.html) as proof of date.

Why did Murguido wait four months from our last interaction to file these false criminal and civil complaints, and six months from the first alleged action where he was in great fear for his life?

The police [__report__](https://www.documentcloud.org/documents/3227647-6-MDPD-Report-121029412874.html) from the last incident says it was a simple neighbor dispute settled on scene.

Who advised Murguido to file these complaints?

How did Murguido know I had contacted IA (i.e. left two messages for Aquino) at least a month before Aquino returned my call?

Murguido later swore under oath in [__response__](https://www.documentcloud.org/documents/3227649-Murguido-Answers-to-Interrogatories.html) to my [__interrogatories__](https://www.documentcloud.org/documents/3227648-Plaintiffs-Interrogatories-Directed-to-Murguido.html) (See question and answer #7) that it was Aquino who told him this, confirming the suspected conspiracy of the head of IA.

Aquino wrote in his IA [__report__](https://www.documentcloud.org/documents/3228207-HPD-IA-R1.html) that I did not try to re-initiate my complaint until after Murguido filed against me first.

Aquino conveniently omits that he stalled my complaint by not calling me back for two months, and giving Murguido ample time to file his complaints first.

This is [__conspiracy against rights__](https://www.law.cornell.edu/uscode/text/18/241) at its finest, which Chief Rolle knows all about, and personally tried to cover-up by destroying public records.

Aquino repeatedly and falsely states that I took a plea deal.  Yet, the [__case dispositions__](https://www.documentcloud.org/documents/3228211-Court-Records.html) included in his own files show pleas of not guilty and charges dismissed, no actioned, or nolle prossed.

I recorded the meeting with Aquino and the Chief, what Aquino claims in his report is not the conversation we had, nor did he respond to the issues I busted him on in this [__letter__](https://www.documentcloud.org/documents/3227660-17-Letter-to-Aquino.html).

Further, Murguido committed perjury in his statements as proven by the recording, below, of our conversation from October 29, 2012 (or December 22).

In his statements the incident he claims occurred in June (or July 27th, 2012 @ 8:00 pm) never happened, and I have an alibi and witness.

I did talk to Murguido other times in March and May of **2009** respectively, in the latter conversation he begged me not file a complaint, and to come to him as a neighbor and gentleman if I had issues with him in the future.

In email correspondence Murguido initiated with me in May 2015, and in his earlier statements he falsely states he told me to go to IA and file a complaint, but he never did.

In the criminal [__complaint__](https://www.documentcloud.org/documents/3227650-7-MDPD-Report-130215060338.html) he filed two days after my last call to IA, he claims I blocked him in his driveway with my car, putting him in great fear for his life.

Though Murguido has been a traffic officer for two decades, he could give not description of the car I was driving, how convenient.

I am currently litigating the above abuses in federal and state court.

To be continued…

https://assets.documentcloud.org/documents/3226945/12-First-Stalking-Injunction.pdf

Homestead Police Department (HPD) has silenced the First Amendment with false stalking charges and restraining orders.

Their abuses leading to two of my three false arrest, and to me being served with four frivolous restraining orders.

Sadly, such abuses are not limited to Florida, and occur nationwide.

I have researched this new trick in the police playbook being used to stalk away the First Amendment.

PINAC presents this series as a case study on such stalking abuses in Florida and across the country.

Included are discussions on the federal subsidies which create disincentives to fixing the problem, and discussions on Florida stalking law related to the First Amendment and online activities.

The focus is on cops who violate the law, yet when exposed hide behind laws meant for the protection of battered and abused women.

COWARDS!

HPD’s actions inspired creation of the Coward of the Month award, with John Monaco being the first nominee.

**My Transgressors Choose To Invoke God**

Some may choose to skip over this section, but being a Christian I must oblige these officers with [__truth__](https://www.biblegateway.com/passage/?search=John+8:32) as they are lacking in [__knowledge__](https://www.biblegateway.com/passage/?search=Hosea+4%3A6&version=KJV).  

Generally, I leave the good Lord out of secular discussions, but HPD officers John Monaco (video above) and Alejandro Murguido ([__email__](https://www.documentcloud.org/documents/3141934-Murguido-McConough-Email-Chain.html)) blasphemously [__invoke__](https://www.biblegateway.com/passage/?search=Matthew%205:33-37) God.

They bear [__false witness__](https://www.biblegateway.com/passage/?search=Exodus+20%3A16&version=NIV) against their neighbors, [__not just me__](https://photographyisnotacrime.com/2016/02/16/florida-grandmother-fights-back-against-false-arrest-and-abuse/), breaking laws as ancient the Decalogue.

Swearing oaths to be the keepers of the law, they do not keep it themselves, instead lording it over others.

I am just waiting for them to abuse [__scripture__](https://www.biblegateway.com/passage/?search=Romans%2013), while claiming a [__blessed__](https://www.biblegateway.com/passage/?search=Matthew%205:9) status.

Like the Pharisees they lower their profession to one of sinful revenge and tax collection for their temple (City Hall), simultaneously claiming hero status and victimhood.

Hypocrites, [__Ye Brood of Vipers!__](https://www.biblegateway.com/passage/?search=Matthew+23)

This [__fight__](https://www.biblegateway.com/passage/?search=Ephesians+6%3A10-20&version=KJV) is not against flesh and blood, but against principalities.

I [__pray__](https://www.biblegateway.com/passage/?search=Matthew%205:43-48) for them, while [__rebuking__](https://www.biblegateway.com/passage/?search=Galatians+2:11-21) them, praying they would [__repent__](https://www.biblegateway.com/passage/?search=1%20John+1%3A9) of their sin, turning back to God.

Regardless, their intimidation will never force me into [__quietly__](https://www.biblegateway.com/passage/?search=Acts+16%3A37&version=NIV) walking away while they continue unrepentant in their crimes against humanity.

**OK Back To Secular Earthly Damnation**

This began when I asked HPD Officer Murguido to drive respectfully and obey the law on October 29, 2012,  fearing his driving would kill a child, possibly my own.

Since then HPD officers, including Chief Alexander Rolle, have retaliated against me with nine false stalking abuses alone.

Some of HPD’s stalking complaints got traction, jamming me up with [__ex-parte__](https://en.wikipedia.org/wiki/Ex_parte) injunctions and false arrest, others did not.

HPD officers claim filing complaints against them is stalking, and claim making YouTube videos about cops and/or criticizing them online is cyberstalking.

HPD officers have even retaliated against my family, making the comment below when I called them out for [__criminally libeling__](https://www.flsenate.gov/Laws/Statutes/2011/836.04) my wife on leoaffairs.com.

> “Jimmy, we all have families, and we protect them and our ability to feed and care for them; is called a job. Someone that is trying to take a person’s job is also hurting that person’s family, so it seems fit to get all the family members involved in this fight; don’t you agree?”

NO, I do NOT agree.

It is NEVER acceptable to attack innocent family members, period.

We expect the Mafia to do this, not police officers.

My [__wife__](https://www.youtube.com/watch?v=SMET5z0ib8Y) and the community, [__here__](https://www.youtube.com/watch?v=MM1q9soCBJk&t=1s) and [__here__](https://www.youtube.com/watch?v=syByl8vajfA), do not agree with this line of reasoning, and there is great doubt their families would either.

Rolle covered up these crimes, having the audacity to send my wife a [__letter__](https://www.documentcloud.org/documents/3227641-Letter-From-Rolle.html) stating his refusal to even look to see if his officers are involved.

Yet, with fists full’s of irony and their contrived statements, they call me the “stalker”.

**9 Stalking Law Abuses Personally Suffered At The Hands Of HPD:**

**Abuses 1-3**

The first three stalking abuses were felony aggravated stalking (**1**), misdemeanor simple stalking (**2**), and the first stalking injunction (**3**).

The felony was immediately no actioned, then the misdemeanor was brought in getting nolle prossed, and the injunction was dismissed when Murguido failed to show.

Dates are critical in this section, after the “initial” incident on October 29, 2012, I met with the FBI on October 30, 2012 who told me to go to IA, and was held against my will by HPD officers again on November 1, 2012.

Waiting for things to settle a bit, and in my gut greatly fearing retaliation, I waited until January 24, 2013 before first calling Internal Affairs (IA), and leaving a message with my contact information stating I wanted to make a formal complaint in person, for felony violations against me.

Then I made a [__return call__](https://www.documentcloud.org/documents/3227643-10-Internal-HPD-Email-Showing-They-Were-Not.html) to IA on February 13, 2013 as my call was not being returned, leaving another message with slightly more information, but still never mentioning any officer’s name nor the date, time, or place of either incident; I mentioned being held against my will more than once, and mentioned felony violations of state and federal law, and that Miami-Dade officers were included.

In response Murguido filed criminal charges on February 15, 2013.

Murguido filed his first injunction, see at bottom, on February 28, 2013, when he also unlawfully looked up [__my information__](https://www.documentcloud.org/documents/3229434-Murguido-DAVID.html) on D.A.V.I.D., though we have had no contact that he hasn’t initiated since October 29,2012 and this was all allegedly [__done as a private citizen__](https://www.documentcloud.org/documents/3229435-Murguido-Off-Duty.html).

Murguido claims I contacted IA, and that he was advised to file against me.

Murguido even claims I have a “history of clinically diagnosed mental health problems”, though I have never been to a mental health professional.  This is an obvious lie used to discredit me, that has been carried on by all other HPD officers attacking me.

Murguido alleges two incidents in his injunction, one incident (completely fabricated) occurring in June 2012 (in all other statements he says July 27, 2012 @ 8:00 pm) and the other incident occurring on December 22, 2012 (actually October 29, 2012).

I got served with the injunction on March 6, 2013, and was arrested on April 15, 2013.

IA Detective Antonio Aquino finally returned my call on March 19, 2013 and later sent me this [__letter__](https://www.documentcloud.org/documents/3227646-8-Letter-From-Aquino.html) as proof of date.

Why did Murguido wait four months from our last interaction to file these false criminal and civil complaints, and six months from the first alleged action where he was in great fear for his life?

The police [__report__](https://www.documentcloud.org/documents/3227647-6-MDPD-Report-121029412874.html) from the last incident says it was a simple neighbor dispute settled on scene.

Who advised Murguido to file these complaints?

How did Murguido know I had contacted IA (i.e. left two messages for Aquino) at least a month before Aquino returned my call?

Murguido later swore under oath in [__response__](https://www.documentcloud.org/documents/3227649-Murguido-Answers-to-Interrogatories.html) to my [__interrogatories__](https://www.documentcloud.org/documents/3227648-Plaintiffs-Interrogatories-Directed-to-Murguido.html) (See question and answer #7) that it was Aquino who told him this, confirming the suspected conspiracy of the head of IA.

Aquino wrote in his IA [__report__](https://www.documentcloud.org/documents/3228207-HPD-IA-R1.html) that I did not try to re-initiate my complaint until after Murguido filed against me first.

Aquino conveniently omits that he stalled my complaint by not calling me back for two months, and giving Murguido ample time to file his complaints first.

This is [__conspiracy against rights__](https://www.law.cornell.edu/uscode/text/18/241) at its finest, which Chief Rolle knows all about, and personally tried to cover-up by destroying public records.

Aquino repeatedly and falsely states that I took a plea deal.  Yet, the [__case dispositions__](https://www.documentcloud.org/documents/3228211-Court-Records.html) included in his own files show pleas of not guilty and charges dismissed, no actioned, or nolle prossed.

I recorded the meeting with Aquino and the Chief, what Aquino claims in his report is not the conversation we had, nor did he respond to the issues I busted him on in this [__letter__](https://www.documentcloud.org/documents/3227660-17-Letter-to-Aquino.html).

Further, Murguido committed perjury in his statements as proven by the recording, below, of our conversation from October 29, 2012 (or December 22).

In his statements the incident he claims occurred in June (or July 27th, 2012 @ 8:00 pm) never happened, and I have an alibi and witness.

I did talk to Murguido other times in March and May of **2009** respectively, in the latter conversation he begged me not file a complaint, and to come to him as a neighbor and gentleman if I had issues with him in the future.

In email correspondence Murguido initiated with me in May 2015, and in his earlier statements he falsely states he told me to go to IA and file a complaint, but he never did.

In the criminal [__complaint__](https://www.documentcloud.org/documents/3227650-7-MDPD-Report-130215060338.html) he filed two days after my last call to IA, he claims I blocked him in his driveway with my car, putting him in great fear for his life.

Though Murguido has been a traffic officer for two decades, he could give not description of the car I was driving, how convenient.

I am currently litigating the above abuses in federal and state court.

To be continued…

https://assets.documentcloud.org/documents/3226945/12-First-Stalking-Injunction.pdf

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