July 18th, 2011

Santa Clara County Department of Correction

ATTN: James Alan Bush (DWF967-08086698)

885 North San Pedro Avenue

San Jose, CA 95110

In re filing of complaint against city police officer for assault and/or

battery in violation of Penal Code § 149

To the Santa Clara County Office of the District Attorney:

I would like to file a criminal complaint against San Jose Police Officer

Miguel Flores (#3881), who committed battery against me on December 13th,

2008, which resulted in severe and substantial injury, including a shattered

and broken rib, an avulsion to a shoulder bone (see enclosed X-ray), and

cardiac arrhythmia.

My injuries were diagnosed by Dr. Cazmo J. Lukrich, M.D., an employee of the

Santa Clara County Department of Correction, who can verify that my injuries

were sustained as alleged in the enclosed amendment to a civil complaint, in

which the claims made therein were deemed reliable enough to warrant

settlement proceedings in a related civil matter now being adjudicated in the

United States District Court for the Northern District of California, San

Francisco Division, under docket number 09-CV-01024 (PR) RS [Bush v. Flores,

et al.], as shown in the enclosed Order Denying Defendant Flores' Motion for

Summary Judgment and Notice and Order Setting Settlement Conference.

Long Thang Cao, who resides at 1211 East Santa Clara Avenue #4, in San

Jose, which is where the incident occurred, witnessed a portion of the

incident, and may be able to provide a limited account of events. He has

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already provided testimony in a related criminal proceeding, specifically,

case number EE605073 [People v. James Alan Bush], in which he contradicts the

version of events provided by the arresting officer in both his testimony and

the police report in several key areas. Mr. Cao can be reached at (408)

661-7415.

Additional witnesses include Robert Malnburg, Jr., whose date of birth is

December 4th, 1980, and who is a resident of San Jose, and Daniel Anthony

Napolitan, who obtained a California ID card in 2006 using the address 1220

Tasman Drive SPC 379, Sunnyvale, California 94089. (This is the only

identifying information I now have for these two persons.) In a recorded

conversation, Mr. Malnburg, Jr., tells Mr. Napolitan that he was apprised of

the police officer's intent to assault me prior to the event by other police

officers, stating that, "[w]hen James gets to jail, they're going to beat him

like a motherf*cking dog." This recording is available on a data-DVD marked,

"Secret Conversation," which was filed before the assault occurred, at the

Office of the Clerk of the United States District Court for the Northern

District of California, San Jose Division, under docket number C 08-01354

(PVT) JF, located at 280 South First Street, Room 2112, in San Jose.

Similarly, Jack Lynn Bush, in his letter to me dated February 11th, 2010

(enclosed), recounts the fact that I also demonstrated foreknowledge of the

impending assault by making it known to him prior to the incident. In it, he

writes, "I agree, you saw your situation coming and clearly communicated the

outcome ... These police officers have clearly wronged you." Mr. Bush resides

at 11027 War Admiral Drive, Union, Kentucky 41091, and can be reached by phone

at (919) 619-6471.

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Furthermore, I have enclosed copies of two articles by the San Jose Mercury

News that report an unusually high number of excessive force complaints made

against two of the other officers who were involved, namely, Officer Eric

Dragoo (#3889) and Officer Steven Payne, Jr. (#2951), who was put on leave

four months after the aforedescribed incident for similar conduct. Clearly,

these news articles infer a propensity towards violence on the part of the

aforesaid officers, lending credence to my claim and to witness accounts.

Accordingly, I am requesting that an investigation be instituted. If you

require additional information, such as medical records, please contact me at

the above-stated address.

Sincerely,

James Alan Bush

Enclosure(s): X-ray of broken shoulder

Amendment to complaint, describing incident

Order Denying Flores' Dispositive Motion

Notice and Order Setting Settlement Conference

Letter from Jack Lynn Bush

The San Jose Mercury News articles

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