GoLiOriSoAct9-16

Twilah Yvonne Freberg, Pro Se Defendant

P.O. Box 12765

La Jolla CA 92039-2765

Ph: (858) 452-7990

 

November 06, 2013

 

SAN DIEGO SUPERIOR COURT

Kearny Mesa Branch, Court ‘B’

 

 

 

Twilah Yvonne Freberg,

Pro Se Defendant “TYF”

}‘Trial by Written Declaration’

}‘Citation’: UC 77414 10/29/13

}(UCSD ‘N. Garcia’: “ID 605”)

}Form TR 205 (2); Bail $194

}Evidence: ‘A/Aa-J/Jj’ (12)

 

                        vs

 

     People of the State of CA

University of California San Diego

            Police Department

         “UCSD Police Patrol”

 

}8 photos, copy citation/patrol

}“Supervisor” card; bail payments

}USPS Registered Mail (POS-030)

}Pleading (7) Pages: NOT Guilty

}‘21955’. CVC 21949-21971.

}SD Municipal Code Chapter 8,

}Article ‘3’: ‘83.0201-83.0202’

}Evidence of $380 Bail(s): ‘J/Jj’

}Notary/POS Declarations: 3

}Declarations signed/dated: 7

}Total Pages: 24

 

 

__________________________________________________________________

 

 

1. Crossing a road at an intersection or crossing a road centered

between two other distant intersections is LEGAL: CVC 21949-21971

declares it is legal to cross a road; San Diego Municipal Code Chapter

8, Article 3, Sections 83.0201-83.0202. It's “not prohibited” to cross a

San Diego City street/drive/road outside or inside a marked crosswalk:

if it is safe.

 

It is legal to walk on the either side of a traffic lane: even if businesses at

the street are to the left of a person walking at the side of roads/drives/

row/boulevards (or by any other names) if designated parking is at either

curbs to the left/right side of vehicular traffic. And especially, if it is self-

defense (to avoid an attacker).

 

Crossing/walking on a center median (graded) walkway that tolerates

pedestrian traffic is legal or not “jaywalking”. Twilah Yvonne Freberg

“TYF” Pro Se Defendant has NOT “jaywalked”. TYF is NOT GUILTY of

a CVC ‘21955’ (and not a) “VC-Jaywalking” (or otherwise) infraction.

Declaration byknowledge of the penalty (CA Penal 118) for perjury:

 

November 06, 2013; Twilah Yvonne Freberg (CA IDB)  _______________________________________

 

 

2. The area or intersections of Regents Garden Row (the north side of

La Jolla Village Drive between Genessee/Regents Road) and Costa

Verde Blvd (the south side of La Jolla Village Drive between

Genessee/Regents Road) is divided by a wide (at least 10

feet) graded, double-sided sidewalk walkway,

lined with trees.

 

The sidewalks on the center median walkway (grade) are not for decoration:

pedestrians can’t only arrive to walk on center median sidewalks by being

dropped from airplanes! The closest marked crosswalks at stoplight (east/

west) intersections are about 1/4 mile (either direction) from the north

corner of Regents Garden Row, nearly five hundred (500) yards away to

the east or west on La Jolla Village Drive.

 

The sidewalks on the center tree-lined walkway at that center

intersection area on La Jolla Village Drive—two way traffic

entering/exiting both Regents Garden Row and Costa Verde

Boulevard—cannot be reached from either of the two distant

stoplight marked crosswalk intersections: it cannot be reached

at all from the intersections of Genessee and Regents Road)

approximately one quarter (1/4) away in either directions

(east/west).

 

Those center median walkway sidewalks can only be reached by crossing

La Jolla Village Drive (east or west bound lanes) between Regents Road

and Genessee: the wide sidewalk walkway median at the center of La

Jolla Village Drive is distanced about (1/4 mile) a quarter of a mile

from—or between—Genessee andRegents Road  intersections,

where intersections Costa Verde Boulevard/Regents Garden

Row are on both sides of La Jolla Village Drive.

 

Cars are allowed to park on either side of La Jolla Village Drive

(with the exception of thered curbs areas marked for fire lanes);

there are nearby shopping businesses on both sides of La Jolla

Village Drive.

 

CVC 21949-21971: it is LEGAL to cross that area of La Jolla Village

Drive. San Diego City Municipal Code: Chapter 8, Article 3, section

83.0201-83.0202 declares it is LEGAL “not prohibited” to cross that

road to access a center median walkway. Evidence: ‘C’,‘D’,‘E’,‘F’,‘G’.

Declaration with knowledge of the penalty for perjury (CA Penal 118):

 

November 06, 2013; Twilah Yvonne Freberg (CA ID B)  _______________________________________

 

 

                                                Page Two

 

3. Walking on the side of the road is LEGAL if—no bike lane—parking

at the roadside curbs is designated at the sides of those curbs: it is legal

to cross at the front or end of a ‘T-Intersection’ with/without a marked

crosswalk. If a center median sidewalk walkway is about (10) ten feet

wide—even less under certain conditions—to support pedestrian traffic:

walking on it is LEGAL or NOT JAYWALKING; NOT a CVC ‘21955’

infraction.

 

If it is SAFE: a painted crosswalk does not guarantee safety nor right of

way pedestrian crossing. Pedestrians must always attempt to yield to

motorists—even at a marked crosswalk and stoplight—to avoid

injury and to not instigate traffic stalling: CVC 21954.

 

I’m dedicated to this proper legal restraint. October 29, 2013: about

4:00 pm, there was no oncoming traffic; I sprinted across the westbound

traffic lane of La Jolla Village Drive (at the side of the Marriott La Jolla

Village Drive)—crossed the wide center median sidewalk walkway and

even though there was no (-0-) oncoming traffic at that moment—I

started to sprint (fast) across the eastbound lane of La Jolla

Village Drive.

 

The second I stepped off the center median walkway to cross

the eastbound lane: a UCSD SUV patrol—facing east outside

Costa Verde Apartments—turned on the top patrol light and

drove away from the south side curb to increase speed rapidly

onto La Jolla Village Drive. The UCSD patrol officer turned

south onto Costa Verde Boulevard to the west side curb: that

curb is marked red; there is a fire hydrant four feet to the

frontal side of where he parked. Evidence ‘A’.

 

I was already on the east side sidewalk of Costa Verde Boulevard

—before he completed his turn—walking south towards the USPS

(Costa Verde), to buy a money order with weekly legitimate self-

employment business cash for deposit at a local bank branch.

 

UCSD (?!) patrol officer, ‘N. Garcia’ shouted for me to walk—called

out to me as an orderacross Costa Verde Boulevard to speak to him.

There was no oncoming traffic: it is legal to cross that corner area at the

front of that ‘T-intersection’ or cross the boulevard.  I obliged: he asked

“Don’t you see the crosswalks at the stoplights?!”  Those stoplights with

a marked crosswalk are almost four hundred (400) yards away from that

point: nearly one-fourth (1/4) of a mile away in either direction and are

actually NOT VISABLE from that angle (at that distance).

 

He said, “You were jaywalking.” I said: “I was not jaywalking; crossing

the road is not jay-walking.” He said: “I’m writing you a citation for arguing.”

UC 77414 is not for a citation for arguing: it is declared as a CVC 21955 “vc-

jaywalking”. But I am (TYF) not guilty of such infraction! Evidence: (copy of

the citation) ‘H’. Declaration by knowledge of (CA Penal Code 118) a penalty

for perjury:

 

November 06, 2013; Twilah Yvonne Freberg (CA ID B) _______________________________________

 

 

Page Three

 

4. ‘N. Garcia’ would not state his full legal name: he refused to write the (his)

same patrol identification tag number pinned to his uniform onto the citation

form. “I’m not going to write my identification down for this; that’s [pointing

to a numbered identification tag on his uniform] only for when I’m writing

DUIs for the state.” I asked him what was his full legal name or for what

was the ‘N’ on his name tag: he said “Manuel”. He wrote ‘Nel’ onto the

citation: Evidence ‘H’.

 

With other words: it was at least an armed robbery attempt after he stalked

me; it was premeditated stalking attack. Their intention was (felony) battery

abduction assault through the course of armed robbery, ‘under the color of

law’ (felony false pretense). ‘N. Garcia’ was parked waiting for me to exit

my residence: he stalked me (specifically) outside the front area of the

entrance (or exit) to my home.

 

He did not call the San Diego Police Department (“SDPD”): if apprehending a

person suspected of a moving vehicle violation or other infraction—even when

being illegally off the UCSD campus radius (their only jurisdiction is the actual

one mile radius of  the campus)—UCSD police patrols are obligated to call the

SDPD. ‘N. Garcia’ radioed his “supervisor” ‘Detective John Smart’:

Evidence ‘I’.

 

Over the radio ‘Detective Smart’ could be heard saying a citation had been

issued against me during 2011 for jaywalking. UCSD ‘John Smart’ was also

stalking the front corner of my home: he drove a UCSD patrol car onto the

scene and parked behind the UCSD patrol SUV (at the same red curb to

block a fire hydrant too) within less than five (5) minutes; he could not

have driven from the UCSD campus—or even from a one mile

radius—in such a short bit of time.

 

He intentionally delayed me while he paced, seemingly to contemplate a

way of physically grabbing me: he explained senselessly and repeatedly

of how any complaint about their criminal behavior to the SDPD

would do no good, “We handle complaints about us ourselves;

the SDPD is separate from us: do you understand? Don’t

interrupt me, let me finish…”

 

They stalked me to cause confrontation deliberately to gain opportunity for

violence: to handle my complaint themselves?! They are both psychotically

absurd and too anxious to explain criminal insanity is/was consistent as their

behavior. ‘N. Garcia’ pointed towards the Marriott La Jolla Village Drive and

said, “I have an office right over there.” Declaration (CA Penal Code 118) by

knowledge of penalty for perjury:

 

November 06, 2013; Twilah Yvonne Freberg (CA ID B) _______________________________________

 

 

Page Four

 

5. It seemed obvious to me they intended—while standing at the sidewalk

curb—to try physically grabbing (abducting) me and to shove me into the

back of the UCSD patrol SUV. They insinuated to me about how they had

already committed the same crime against another victim: a woman shoved

into the back of a UCSD patrol SUV and then beaten (to death/murdered?!)

during an abduction (false arrest by physical force trauma, without any legal

authority nor cause) after repetative accusations or (from UCSD patrol?!)

“citations” for DUI. An India heritage female PHD/Author…‘N. Garcia’

does not always drive a UCSD patrol SUV vehicle: and he did/does know

the area where I live, too.

 

He was stalking me specifically by parking at a curb nearby my residence

(and it is likely someone from my residential building called him after seeing

me leave my home): when I left to go do what I typically—as known by many

persons: leave my rental residence to buy a postal money order with my weekly

business cash—do on a Tuesday or Wednesday afternoon and by crossing that

area of the road.

 

Otherwise?! Why would he be parked more than a mile off the UCSD campus

at the eastbound lane of La Jolla Village Drive (facing east), waiting—outside

of his jurisdiction—at that south side curb, 4:00 pm on a Tuesday afternoon?!

Why would he suddenly turn on the SUV top patrol light when seeing me start

to legally cross the road?! My business and personage information is listed

on the Internet: I’m a ‘Limited Public Figure’. I’ve lived at the La Jolla area

for 21 years.

 

I have previously complained against UCSD patrol stalking/harassing

assaults and false accusations. But they persist with perpetuating (inciting)

more crime at this area. October 29, 2013: I was composed (calm) at the curb

while speaking to them; they had a chance to throw their punches or to do their

kicks! It was obvious they psychotically plotted to attack me by false pretense

to do violent assault abduction (felony battery or worse).

 

I accused them of “harassing/assaulting/stalking”. I told them I was going

to write complaint about them to the CA State Attorney, SDPD, DMV:  I

asked if they were going to pay damages for my having to take off time

from work to write a legal brief to file at court (at my expense).

‘N. Garcia’ said he never misses court.

 

At that time: a primary reason for their pretension as law enforcers

was to steal the cash they knew (TYF) I had—own—by legal earning.

Declaration with knowledge of the penalty for perjury (CA Penal 118):

 

November 06, 2013; Twilah Yvonne Freberg  (CA ID B)   ______________________________________

 

 

Page Five

 

6. On October 17, 2103; at approximately 9:10 am—after I had just completed

a deposit at a bank—as I was walking west on the north side of La Jolla Village

Drive sidewalk just east of the Genesee stoplight: there was a UCSD patrol car

parked with its (top) patrol light flashing on the opposite side of the road (facing

east near the front of the bus stop to illegally block a fire lane). A UCSD (bald,

overweight) patrol officer was standing at the driver’s window of a small, red

car—as if he was issuing a citation—and it was ‘N. Garcia’ (“Manuel” or

‘Nel’) who chased the car off the UCSD campus to that intersection (over

a mile or way outside UCSD patrol jurisdiction)!?

 

It was odd for a UCSD patrol car all the way over at this (UTC Mall) area;

it’s more than a mile off the UCSD campus which exceeds the jurisdiction

of UCSD patrol’s authority to write citations. I took IPhone photos and at

one point, the hunched or slumping officer looked across the street to see

me taking his photograph. Evidence ‘B’.

 

The morning of October 23, 2013: La Jolla Village Drive between

Genessee/Town Center Drive (where ‘N. Garcia’ was seen on the

17th) the road was blocked; an India heritage female PHD/Author

supposedly ran a red light (article by La Jolla Light, Editor ‘Susan

Di Maggio’) which allegedly resulted a man being declared as dead

after rescue workers could not revive him at the scene?!

 

(A man already deceased and by a murder that happened elsewhere

is possible according to the news.) Because the car of the female PHD/

Author ran the red light?! She allegedly had a “history of DUIs” issued

by UCSD patrols! Declaration with knowledge of the perjury penalty

(CA Penal Code 118):

 

November 06, 2013 ; Twilah Yvonne Freberg (CA ID B)   ______________________________________

 

 

  7. January 22, 2011: UCSD patrol ‘Fittsimmons’ and his partner

intimidated a vicious assault; a demonic stalking that resulted a woman

from this area being murdered and robbed. The woman was also stalked

but at a Del Mar nightclub; she allegedly was responsible for doing bank

deposits for the nightclub’s cash earnings?! She was stopped or forced to

pull over/off at an area to the side of the ‘101’ at about 2:00 am.

 

She refused to roll down her car window or to even get out of the car:

she was shot through the driver’s side window. Her car was forcibly

entered and looted, then set on fire; two UCSD patrol officers

(UCSD news published online) were reported as returning/

arriving at the scene a few hours later…

 

 

Page Six

 

January 22, 2011, ‘Fittsimmons’ and his UCSD patrol partner did yet

another hold-up: absurd, ridiculous or psychotic and to attempt armed

premeditated battery and robbery of my personage. Alleged UCSD

patrol ‘Fittsimmons’ excuse (justification) was criminal defamation

or a “jay-walking citation” UC 73248 to justify violence against TYF.

 

Defendant (Pro Se) Twilah Yvonne Freberg responded to plead

properly to the court: NOT GUILTY. During November 2010:

a UCSD patrol accused me (TYF) of “jaywalking” on the

UCSD campus, but he did not issue a citation.

 

It was clearly listed as an incident—not by a guilty plea—within the filed

(not guilty of jay-walking pleading for UC 73248) legal brief at Kearny

Mesa San Diego Superior Court: to protest that UCSD “citation”.

 

Walking across a short space on a 10 foot wide center area grade designated

for pedestrian traffic—not an adjacent intersection—between two wide grass

knoll graded walkways without stop signs, is also not CA Veh Code 21955 (a)

violation. It’s not “jaywalking” infraction either. It’s not the middle of a road

divided by lane lines: it is where the crosswalk would be if one were (painted)

marked!   

 

According to CVC 21949-21971, the San Diego City Municipal Code

Chapter 8, Article 3, Section 83.0201-83.0202: Defendant (Pro Se)

Twilah Yvonne Freberg CA ID B is NOT GUILTY (HAS NEVER

BEEN GUILTY) of the false accusations of a CA V Code ‘21955’

‘21955 (a)’ infraction.

 

The only marked crosswalks are distant (1/4 mile) 400-500 yards away

from where the north end of Regents Garden Row/Costa Verde Blvd

are on opposite sides of La Jolla Village Drive; the median walkway

sidewalks can’t be reached from those crosswalks: it is a passage

area clearly designed to allow pedestrian crossing to the center

median walkway sidewalks between either sides of the roadway.

Parking is allowed on both sides—other than where the curbs are

painted red—of La Jolla Village Drive.

 

UCSD patrol citation UC 77414—10/29/13—is criminal defamation by non-

authorized persons ‘under the color of law’ (felony assault) in order to

justify aggravated battery “false arrest” or an abduction/robbery plot

against Pro Se Defendant; Twilah Yvonne Freberg NOT GUILTY of UC-

77414 (nor UC 73248; 01/22/11): is not guilty of “jaywalking” either!

 

‘N. Garcia’ was outside UCSD jurisdiction when demanding I show

identification to him; I offered my CA identification card but I also

have a CA driver’s license card and he couldn’t benefit by stealing

only one.

 

Declaration by knowledge of a penalty for perjury (CA Penal Code 118):

 

November 06, 2013; Twilah Yvonne Freberg (CA ID B) _______________________________________

 

 

Page Seven

 

 

EXHIBIT (s) OF EVIDENCE

 

 

Evidence Exhibit                       Page One                                 ‘A-a’

 Psychotic Pretentious UCSD Patrol N. Garcia

 

Evidence Exhibit                       Page Two                                 ‘a-A’

 Psychotic UCSD Patrol N. Garcia

 

Evidence Exhibit                       Page Three                               ‘B’

Criminally Insane UCSD N. Garcia