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“However, in Victorville [family] court…” (Mind-reading by a judge leads to 2 deaths…)

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This follows up to the Twin Peaks murder-suicide of a father and his 9 month old son, in the Tagle, Garcia case.

A newspaper article relates the sequence of events….

Family say courts shut down restraining orders

By Stacy Moore
Hi-Desert Star
Published: Wednesday, February 3, 2010 3:01 AM CST
TWIN PEAKS — Sunday’s murder-suicide was the culmination of months of threats and online and text rants from Stephen Garcia to Katie Tagle of Yucca Valley and her family.
The mother of a 9-month-old boy, Wyatt, with Garcia, Tagle was never able to secure a restraining order against him for herself or an order for supervised visitations for their son.

“This was preventable. This didn’t have to happen,” Tagle’s mother, Maria Brown said the day after Wyatt’s death.

“The system failed Wyatt. It cost him his life.”

Her family said Garcia abused Tagle throughout their two-year relationship, which ended in August 2009, when, her family said, he punched her in the face, knocking her unconscious.

Tagle brought Wyatt back to her family house in Yucca Valley, but frequently took him to visit Garcia’s parents in Piñon Hills.
 

Garcia, her family said, did not seem especially interested in Tagle or their son until December 2009, when he discovered she was involved with another man.

 

At the risk of losing some colleagues here, and not that it diminishes the bad treatment of the courts, this does show lack of judgment.  It also appears to me (from the court records) that Garcia himself was a rebound relationship (at least within 2 years of the last one) from a marriage to Ricardo Tagle (Jr.?)  Maybe there was overlap, but this woman does have an active love life, and producing children, too.
With men getting less and less accountability for knocking around pregnant women (seems to me), relationships, per se, it seems, are going to become more and more dangerous for women.  The word is apparently already out, at least in the newspapers, that you might get a slap on the wrist.  OR, you might get a judge like Mazurek, who says, “that’s just what you’re saying to get an edge in the custody battle.” 
That is, by the way, the attitude in the Family Law Venue to start with!  Our job as on-lookers (and taxes funding this) is to find out WHY judges go deaf, dumb, and blind, and unconsciously identify with the men, too much.  For that, I think we have to look at the cash flow in the court system…

 

“That’s when he wigged out,” Tagle’s sister Andrea Rodriguez of Hesperia said. 

In letters on a Web site he set up to chronicle his communications to her and her friends, Garcia cursed at Tagle and told her to return to him.

During one custody exchange with Wyatt, he proposed to her, then knocked her to the ground.

Judge denies first restraining order

On Dec. 15, Tagle asked for an emergency restraining order against Garcia, telling Judge Debra Harris in a Joshua Tree courtroom that Garcia had threatened Wyatt.

“He had sent me text messages before that if his son was around certain people … that he would kill him,” Tagle told the judge, according to transcripts of the hearing.

“And that if I wasn’t where I was supposed to be, he’d find me and kill me.”

“What about the threat to shoot you, where did that occur, to hunt you down and shoot you with a gun?” the judge asked.

“That was in a text message, Tagle replied.

When Harris asked for copies of the text messages, Tagle said she had no way of printing them out and her phone was shut off.

The judge denied the emergency order and set a hearing.

Garcia ‘doesn’t pose a threat’

At that hearing, on Jan. 12, Tagle went before Judge David Mazurek in the Joshua Tree courthouse to show cause for a restraining order.

“…On Dec. 31, we were doing our exchange, and he proposed to me, and I said no. He got angry and stole my phone and pushed me down. I made a police report about that,” Tagle told the judge, according to a transcript.

Garcia told the judge the report was “falsely made up.”

Mazurek denied Tagle the restraining order.

“If I grant the restraining order, how do you think that’s going to help with respect to you two being able to raise Wyatt together or work together to make sure Wyatt grows up happy and healthy?” the judge asked, according to the transcripts.

{{Pause for my blood pressure to go down . . . .   WELL, the judge had his way, and no NOW one is going to raise Wyatt.  That’s the benefits of the shared-parenting presumption when mixed with bad examples, like a man knocking down a pregnant woman.  What kind of potential do you think a man knocking down a pregnant woman because she didn’t accept his marriage proposal, and before that punching her in the face, might be for a Dad?  Great start in life, eh?}}

{{Go back to NOMAS and read Jack Straton, “what’s fair for children of abusive men?”   Like staying alive to at least adolescence???}}{{See Lundy Bancroft’s “The Batterer As Parent” book…}}  {{Well, what kind of society do we want?  Violent?  OK then, get those batterer Dads back in the action}}.

{{Consider if she’d punched HIM in the face!  Would she be in jail, AT ONCE?  Or would the father be put in a parenting class to teach him how to get along with her?  Yeah, sure…}}

“He would have both of us still,” Tagle responded. 

Asked about an e-mail in which he confessed to hitting Tagle, Garcia told the judge he had slapped her during a fight, but it was Tagle’s fault for “pushing and pushing and pushing until she could get something from me.”

Tagle pointed out she was nine months pregnant when Garcia hit her.

“I kind of get an idea of what’s going on,” Mazurek said.

So glad the judge “kind of got an idea.”  Are rulings from ideas, or from facts, and patterns of behavior?  He kinda forgot that assault and battery (which this was) is either an (A) misdemeanor or (B) felony.  …


He denied the restraining order, saying, “I don’t think that Mr. Garcia poses a threat to Ms. Tagle.”
 

Mazurek went on to suggest Tagle might have ulterior motives for alleging domestic violence.

{{That sure beats looking for evidence, or listening to witnesses, or knowing squat about how abuse goes…}}
“I get concerned when there’s a pending child custody and visitation issue and in between that, one party or the other claims that there’s some violence in between. It raises the court’s eyebrows because based on my experience, it’s a way for one party to try to gain an advantage over the other,” he said, according to the transcripts.

 

WHICH CAME FIRST?  THE SEPARATION BECAUSE OF THE VIOLENCE, AND THEN BECAUSE OF THE SEPARATION, A CUSTODY/VISITATION ORDER (KNEE-JERK REACTION)?  OR THE CUSTODY/VISITATION ORDER AND then THE ALLEGATIONS OF VIOLENCE?  THE WOMAN SEPARATED TO START WITH BECAUSE OF VIOLENCE, IT SAYS!

WHAT NORMAL SINGLE MOTHER WITH ANOTHER CHILD AND A NEWBORN IS GOING TO SEPARATE FROM THE DAD?  SHE’D NEED THAT DAD’S HELP TO SOME EXTENT…  THERE IS GOING TO BE A REASON SOMEWHERE. 

Story predicts real-life ending

The day after the hearing in Mazurek’s courtroom, Garcia sent a text message telling Tagle to check her e-mail. In it was an anonymous message containing a story called “Necessary Evil.”

The story describes in detail Tagle’s and Garcia’s relationship, from their fights over his video-game addiction, to their breakup, to her new relationship and his failed proposal.

In the end, the story has two endings. In “Happy Ending,” the female character returns to the man.

In “Tragic Ending,” the character takes his son to a lake, puts him to sleep with Benadryl and the baby dies. “He will have a better life with you then (sic) we can give him here,” the man tells God before taking his own life.

Criminal Venue vs. Family Court Venue

Tagle called 9-1-1 after reading the story, and the responding deputy immediately went to the courthouse and obtained an emergency restraining order for her, signed by Mazurek.“Just from the very beginning, he didn’t want to listen,” said Rick Tagle, who was in the courtroom. “He started out by saying, ‘One of you is lying and I think it’s you,’ and pointing at Katie.”

The judge also allegedly warned Tagle there would be consequences for lying.

Lemkau did not respond to an e-mail request for comment; the county does not provide judges’ office telephone numbers.

The following Sunday, when Garcia missed his arranged custody transfer with Tagle, she had to call a deputy to get Wyatt back from Garcia’s house.

However, in Victorville court Jan. 14, Judge Robert Lemkau would not uphold the restraining order and ordered Tagle to immediately give Wyatt to Garcia, as it was the day his scheduled visitation was to begin.

Transcripts from that hearing are not yet available, but family and friends who were in the court that day with Tagle said the judge appeared not to have read the evidence she presented, including the “Necessary Evil” story and the emergency restraining order obtained by a sheriff’s deputy.

{{Been there, done that…}}
Friends say discouraged and frightened by her last appearance in court, she did not seek another restraining order or custody change.

“She was afraid she would go before the judge who called her a liar,” her sister said.

{{Had that feeling too, and hesitated because of it.  I have limits to my traumas…}}

 

Thanks to her family and friends, and Rick Tagle, for getting this information out to the papers, so the rest of the world can see the bad attitude women leaving violence get in these courts, as if the initial violence wasn’t bad enough.  Do you think Mazurek is going to say “oops!” and apologize to her family?  Or suffer some severe consequences for that screwup?

He DIDN’T screw up, from one point of view.  It’s simply one less set of customers for family strengthening classes, or parenting classes.  There are more where these came from….

 

As I’m blogging this — surprise, surprise — here’s another one in the papers, involving a restraining order.  No children, that I’m aware of, just some blood.

 Oy!!!, here’s the google search for that one.  As usual, it shows more than one:

Claw Hammer Restraining Order Ex Boyfriend

And the one in question:

Feb. 5–ANTIOCH (California)– Prosecutors charged a man with attempted murder and numerous other crimes Thursday, more than a week after a woman was severely beaten with the claw side of a hammer and pushed from a car outside a hospital.

The 39-year-old victim, whom police did not identify, had a fractured skull and a broken neck when she crawled inside the emergency room at Sutter Delta Medical Center at 2:20 p.m. Jan. 26 and suffered a seizure in the lobby. Doctors placed her in a medically induced coma.

She recently awakened and identified her attacker as ex-boyfriend Bradley Ruffin. She told police he had beaten her during an argument over a $1,000 winning lottery ticket.

Police reviewed surveillance video footage of her being pushed from a vehicle in the hospital parking lot. Officers then searched her court history and found that she had a restraining order against Ruffin, 47, stemming from a 2007 assault for which he was convicted.

A warrant was out for Ruffin’s arrest for violating probation, Antioch police Lt. Scott Willerford said.

Police drove to Ruffin’s home in the 2300 block of Peppertree Way and arrested him on the probation violation.

“He was in custody within a couple of hours,” Willerford said.

Now, let’s look at that info.  He assaulted her in 2007 (about 3 years ago, if that, right?) and went to jail.  Now he’s out again. . . . . Restraining orders around there, if I’m not mistaken, last about 3 years… 

Why was she around him at all?  For a damn LOTTERY ticket?

The victim told police that Ruffin had given her three scratcher lottery tickets, One of which was a winner of $1,000.

In the ensuing argument over how the winnings were going to be split, Ruffin allegedly struck her head six times with the claw side of a hammer.

When her head began to bleed, he at first told her to go wait in the street while he called an ambulance, the victim told police. When she could not move, he loaded her into a car and reclined her seat so no would see her.

When they arrived at the hospital and she could not exit the car on her own, he used his feet to push her out, police said. He then drove away, leaving her alone.

He didn’t want to go back to jail, obviously.  Maybe he thought she’d just die, and he’d not be nailed?  But why the hospital, then?

Ruffin is charged with attempted murder, battery with great bodily injury, assault with a deadly weapon, robbery, violating a restraining order and enhancements for the use of a deadly weapon and causing brain injury.

That’s why I call the restraining order process a JOKE.  And women, get smart!  JUST SAY NO (if possible, safely….)  Because this is the direction it’s going…Whether or not the person is actually punished for the prior violence.

He remained at the County Jail in Martinez without bail.

Roman Gokhman covers public safety. Contact him at 925-945-4780.

Read more: http://dailyme.com/story/2010020500002110/woman-beaten-hammer-fight-winning-lottery.html#ixzz0egref6du

In the Garcia case, the Family Court judge was, in his mind, obviously smarter than the sheriff who issued the EPO.

I actually READ some of the junk Garcia posted.  It’s volatile, for sure. 

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  5. First, thanks on your astute post. I love your blog and find it fantastically informative. I love your skill of pointing out (by blogging) little things that other people never take the time to say. I found it by doing a search on Bing and I positively will come back here when I have more time.Thanks

    {{Reply: Thank you. The habit of pointing out little things comes from having been through experiences that cause me not to take them for granted, plus a healthy dose of “WHY,” some probably from family background, and the rest from those experiences, and seeing the trauma, drama, and news headlines..}}

    Ray Hunderlach

    February 11, 2010 at 7:29 am

  6. […] « “However, in Victorville [family] court…” (Mind-reading by a judge leads to 2 deaths…) […]

  7. i am going thru a hell similar to what poor katie and her baby were going thru. i hope to God that he is watching over my baby and doesn’t let this tragedy happen to her.

    thank u for the blog, for pointing out the flaws and the wrong done by the courts. these judges need to stop being sexist and make their decisions based on the evidence not on their biases.

    {{Katie’s hell is not halfway through, yet. She’s being slimed through the internet, false pictures (claiming to be of her) spread, and some of my fellow-bloggers are taking note of this. You are welcome for the blog — and judges aren’t going to stop being sexist under the present status quo. If you want to contribute, do some research on the grants programs, find out who in your court system is on the take from some of them, and pay a visit to your local legislator. Easier said than done, I know. I found, once I got internet access, that most of the relevant information is already on the internet, if you know where to look.}}

    xo

    March 15, 2010 at 2:56 pm

  8. I too, had to go through the Victorville Family courts for my divorce. Without having to go into all the details, I felt from the beginning, the judge was a Woman-Hater, from his non-caring remarks, to his demeanor, and without having an attorney(Didn’t have the money, my ex planned his escape very well), this judge just went ahead and took to a liking to my ex’s young and hot-shot attorney. I didn’t stand a chance…..

    kim

    December 12, 2010 at 1:50 pm

    • Kimme.k —

      How the judge decided probably wasn’t on the spur of the moment about your ex’s attorney. There’s a lot more behind the scenes, and to tell the truth, most custody decisions are made (I believe) outside the courtroom. You didn’t mention whether any domestic violence or child abuse was involved in your case (Let’s hope not), but I looked up Victorville again, and notice that it’s in San Bernadino County.

      You didn’t mention whether children were involved or you lost custody etc. It turns out San Bernadino County (where Victorville is, I just learned) has some various scams going on, including relating to probate takeovers also. Some interesting links on this comment here, at “rightsformothers.com”

      http://rightsformothers.com/2010/12/04/dr-richard-warshak-parental-alienation-promoter-gets-a-lesson-from-the-countess/#comments.
      My long comment (it talks about RICO and such) may be hard to process, but it’s how I view this system, presently. Legalized “RICO” run through the courts. It may be about personalities, some — and look like it is– but there’s always an operating system within which people function. One such operating system is that children going into foster care appears to bring finances in. Tehama County family court services site link that says “Children First” is actually about foster care.

      Well, these got snapped up by police. No one seems to have spent much time in figuring out what was going on in the household. Whatever was going on in those kids lives now, they are likely to be further bounced around til they age out.

      I put a lot of research (these days) on this website, for one, because am having technical access challenges with my wordpress site & internet access.
      Only you can decide whether to move from observer to participant, if a custody fight is going on. Best help I can say is, some information is more relevant than others, and a lot of what the VAW sites put out is describing effects not causes. A system approach is more helpful. My blog, and others such as nafcj.net, or (good, though not new, summary) at nafcj.blogspot.net tell about what’s up in family law system. Also one has to look at the role of the AFCC.

      Evaluate information you get critically (skeptically incuding mine) and look at more than one system at a time, and you’ll begin to see how things work. Much of what’s going on in the courts is about money (i.e., greed), and relates back also to the welfare system, PWORA, and backlash against feminism. I’ve found it’s necessary to be far more savvy than most of us have had to who aren’t in custody battles, to survive this culture. America (N. America/USA) is getting meaner and meaner — and it’s from the systems people have to live in a lifetime…

      Last night I did a docket research (a little) on a Red Bluff, CA couple (father + girlfriend) with multiple children where the little kids were wandering around outside while a mother (probably; article is unclear) was at work. Dad was asleep neglecting little ones, and police arrested him for felony endangerment, the woman came home from work (whether called home because of his arrest, or her shift was up, I DNK) and SHE got arrested also. Now CPS has 6 nice kids to deal with.

      This article (link available, a recent article):
      Here we go: Red Bluff (6 kids into custody based on police opinion) in Tehama County, CA (+ some dockets)

      Red Bluff Police: Children in custody after girl found wandering
      By JULIE ZEEB -DN Staff Writer
      Updated: 12/11/2010 07:39:25 AM PST

      Six children were taken into protective custody after their 8-year-old sister was found wandering by herself at 8:53 a.m. Thursday near her family’s residence in the 1300 block of Second Street in Red Bluff.

      Officers responded to the area and attempted to contact the parents by knocking on the front door, but were unable to get a response, said Sgt. Michael Graham.

      Walking around the side of the house they found a 3-year-old boy outside, also unsupervised, a Red Bluff Police Department release said.

      Officers entered the residence through an open door in order to make a welfare check on the parents and found Ronald McNamara, 27, of Red Bluff asleep on the couch.

      After waking McNamara, officers learned there were three other children, ranging from 4 months to 4 years old, in the home and a 10-yearold boy who was in school and that McNamara’s girlfriend, Katherine Beam, 29, of Red Bluff was away at work.

      Officers determined, due to unsanitary conditions, the residence was unsafe and unfit for children and that the couple had been placing their children in a harmful environment, the release said.

      With the help of Child Protective Services, officers took the six children into protective custody and placed McNamara under arrest.

      McNamara was booked into Tehama County Jail on six counts of felony child endangerment.

      Bail was set at $25,000.

      A short while later, Beam arrived at the residence and as officers tried to take her into custody for child endangerment. . . .

      There is always a background story to news articles. In this one, no one says whose kids they were. I looked up Katherine Beam. No criminal record. She divorced, she filed for child support. Well, she had a criminal record as to unregistered car — i.e., there are financial issues. Tehama county is Northern Calif. and the income level is generally low. Then I looked up McNamara — and while I can’t vouchsafe that the court dockets I looked at were the same one, chances are maybe (it’s a small county). He’s got all kinds of issues from prior relationships. I am wondering if he was a father who got custody, got a girlfriend (with her own children), and she was doing the work. Somewhere among those six children who just went into CPS care, are biological mother(s) who most likely were not contacted to get custody back after neglect. It shows that the police also arrested the woman for felony endangerment also (based on her boyfriend was asleep on the couch and neglectful?).

      Katherine Beam now has a more serious criminal record. To me, working is responsible. Her docket says she divorced, and who knows if child support was coming in. Poor choice of men, evidently, in Mr. McNamara. Then again, Tehama county doesn’t seem like it’s got a whole lot of work available….

      I can’t speak to their situation (don’t know it), and certainly that many little kids wandering around with an asleep father is neglect. Nevertheless, sometimes police don’t arrest when there’s been serious violence. They have a lot of discretion. Now, CPS has some more children.

      That’s all for now, but it’s definitely possible to learn what’s up in the courts if one looks at similar cases, and does some checking.

      Tehama County Courtsite: “Family Services” link.
      http://tehamacourt.ca.gov/family.html

      Have a nice holiday season, somehow — I tend to ignore them any more (since no access to children). Again –it’s less about you (or your ex) personally than systems. Get informed and then if possible active. This is your country. ….

      familycourtmatters

      December 12, 2010 at 11:23 pm


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martinplaut

Journalist specialising in the Horn of Africa and Southern Africa

Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

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