Water Utility Tampering Defense

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE GATES COUNTY DISTRICT COURT DIVISION STATE OF NORTH CAROLINA FILE NO. 24CR349964-* V CHARLES BRIAN EDWARDS * WILLEYTON ROAD GATES, NC * I. CASE BACKGROUND Charles Brian **** faces criminal charges related to alleged tampering with the water utility system in Gates County, NC. The charges are a culmination of a series of unlawful actions by the Gates County Water Department, retaliatory behavior from local law enforcement, and harassment by the landlord, William Paul Rountree Sr. Key Court Dates Continued Pass Grand Jury Date: */*/* Time: *:* AM Location: Gates County Courthouse, Superior Court, Courtroom * Judge: Robert P. Trivette Disposition Hearing Date: */*/* Time: *:* AM Location: Gates County Courthouse, District Court, Courtroom * Judge: Chief District Court Judge Edgar L. Barnes Complainant: Deputy Elizabeth Ward, Gates County Sheriff’s Department II. PRELIMINARY STATEMENTS Presumption of Innocence Charles Brian **** is presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof rests entirely on the prosecution, which has failed to provide sufficient evidence to support the charges. The case is marred by significant procedural violations and questionable motivations behind the charges. Lack of Criminal Intent Charles Brian **** did not reconnect or tamper with the water utility on or about June *, nor at any time before June *, *. The reconnection on June * was a necessary action taken to prevent the death of livestock suffering from severe heat stress, not an act of criminal intent. Under NC General Statute *-*, for a reconnection to be considered unlawful, the water must have been “lawfully disconnected.” The initial disconnection on June *, *, was not lawful, thereby invalidating any claim of criminal intent in reconnecting the water during an emergency. Procedural Violations and Retaliation The charges against Mr. **** appear to be retaliatory, following complaints made to a state senator about law enforcement misconduct. The timing, sequence, and nature of these charges strongly suggest they were brought in retaliation for the **** family exercising their legal rights and reporting misconduct. This constitutes a violation of established legal principles against prosecutorial retaliation, as recognized in North Carolina v. Alford and United States v. Goodwin. Constitutional Violations Law enforcement’s actions, including entering private property without a warrant, failing to provide proper notification, towing a vehicle without authorization, and employing intimidation tactics, violated Mr. ****’ constitutional rights to due process and legal representation. These actions infringe upon protections guaranteed under the Fourth, Fifth, and Fourteenth Amendments, as established in key cases such as Mapp v. Ohio and Katz v. United States. Failure of Proper Investigation The Gates County Water Department and law enforcement failed to properly investigate the circumstances surrounding the alleged tampering. The water department removed the meter and later severed the water line without legal authority, and without considering the emergency circumstances that prompted the reconnection. The towing of the ****’ vehicle without proper notification further highlights the lack of proper procedure and potential abuse of power. These failures have led to unjust charges against Mr. ****. III. DETAILED DEFENSE FOR EACH CHARGE Count *: June *, *: M-RECONNECT UTILITY * Charge Description: Unlawful reconnection of the water utility. Defense Argument: Miscommunication and Procedural Failures: The Gates County Water Department’s removal of the water meter on June *, *, was done without proper notice or legal justification, making the disconnection unlawful. No Tampering by Defendant: Charles Brian **** did not reconnect the utility on June *, *. The meter was still calculating water usage, indicating no intent to injure or defraud. Easement Rights and Fourth Amendment Protections: Utility companies in North Carolina are granted easements to maintain and service their utilities. However, this easement does not extend to investigating suspected tampering without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, making any entry onto the ****’ property by the water department without a warrant unlawful. Termination of Service Contract: The unauthorized removal of the meter on June *, *, effectively terminated the service contract between the property owner and the utility, altering the rights granted under the easement and limiting the water department’s ability to enter the property without a warrant. Count *: June *, *: F-RECONNECT UTILITY 2ND/SUB OFF * Charge Description: Felonious reconnection of the water utility. Defense Argument Necessity Defense: The reconnection on June *, *, was done out of necessity to prevent the death of livestock suffering in extreme heat. The water was used sparingly and only for essential needs. Lack of Notification: The water department failed to provide proper notification and follow disconnection policies. The disconnection on June *, *, was unlawful due to procedural violations, including the lack of proper notification and the unlawful entry onto private property. Inconsistent Actions by the Water Department: The water department’s inconsistent actions and failure to communicate contributed to the situation that led to the emergency reconnection. Lawful Disconnection Requirement: Under NC General Statute *-*, the statute specifically refers to “water lawfully disconnected.” If the water was not disconnected lawfully—due to procedural violations, lack of proper notification, or unlawful entry—then when Mr. **** reconnected the water during an emergency, he did not do so unlawfully. The disconnection on June *, *, was not lawful, invalidating the subsequent felony charge. IV. LEGAL BASIS AND PRECEDENTS Relevant Case Law North Carolina v. Alford, * U.S. * (*): Establishes the principle of not prosecuting based on retaliatory animus. United States v. Goodwin, * U.S. * (*): Protects against retaliatory prosecution, ensuring that charges are not brought in bad faith. Mapp v. Ohio, * U.S. * (*): Introduces the exclusionary rule, prohibiting the use of illegally obtained evidence in a criminal trial, emphasizing the need for a warrant in any search or seizure. Katz v. United States, * U.S. * (*): Requires law enforcement to obtain a warrant before entering private property for investigative purposes, ensuring Fourth Amendment protections are upheld. Statutory Interpretations NC General Statute *-*: This statute requires that the water must have been “lawfully disconnected” for a reconnection to be considered unlawful. If the water was not lawfully disconnected, then the reconnection, particularly under emergency circumstances, cannot be considered unlawful. The initial disconnection on June *, *, was not lawful due to the absence of proper legal procedure and a warrant. Retaliatory Prosecution: The timing of the charges, coming shortly after a complaint and appeal, raises significant concerns about retaliatory prosecution. Such actions undermine the integrity of the judicial process and violate the constitutional rights of the accused. Constitutional Protections Fourth Amendment: Protects against unreasonable searches and seizures, requiring a warrant for any investigative action on private property. Fifth and Fourteenth Amendments: Provide protections against procedural and substantive due process violations, particularly in cases involving retaliatory prosecution and unlawful deprivation of property. V. EVIDENCE AND WITNESSES Documentation Statements: Present statements from the **** family detailing the events and their motivations. Communication Records: Highlight communication records with the water department, demonstrating the lack of proper notification and the procedural failures. Retaliatory Evidence: Document the timeline of events, showing the correlation between the complaint to Senator Hanig, the appeal of the eviction, and the subsequent filing of charges against Mr. ****. Witness Testimonies Character Witnesses: Include testimonies from those who can attest to Mr. ****’ integrity and good faith actions, particularly during the emergency situation. VI. CIVIL RIGHTS CLAIMS Explore Civil Rights Claims: Consider filing claims under * U.S.C. § * for violations of Mr. ****’ constitutional rights, including due process violations under the Fourteenth Amendment and unlawful search and seizure under the Fourth Amendment. The pattern of harassment and the retaliatory nature of the charges further support these claims. VII. LITIGATION PREPARATION Drafting Necessary Motions Motion to Dismiss: Argue for dismissal based on lack of evidence, procedural violations, and constitutional violations. Motion to Suppress Evidence: If any evidence was obtained unlawfully, argue for its suppression. Motion for Injunctive Relief: Seek an injunction to prevent further harassment and retaliatory actions. Discovery Requests Requests for Production: Obtain all documents, communications, and records from the Gates County Water Department and Sheriff’s Department related to the charges. Interrogatories: Pose specific questions to uncover details about the procedural violations and retaliatory actions. Depositions: Depose key witnesses, including Deputy Elizabeth Ward, Sergeant Mike Burkett, Sheriff Ray Campbell, and water department officials. VIII. PRAYER FOR RELIEF Dismissal of Charges: Request dismissal of all charges under Rule *(b) of the North Carolina Rules of Criminal Procedure, emphasizing the lack of substantive evidence, absence of criminal intent, retaliatory nature of the charges, and multiple violations of constitutional rights, including the unlawful disconnection and subsequent reconnection of the water supply. Expungement of Record: Pursue expungement of all records related to these charges, given the retaliatory nature of the prosecution and significant procedural violations. Legal Costs and Fees: Request reimbursement of all legal costs and fees incurred, including expenses for expert witnesses on easement law, statutory interpretation, and constitutional rights. Injunctive Relief: Prevent further retaliatory actions or harassment, particularly any unauthorized entry onto the ****’ property without a warrant. Investigation and Sanctions: Seek an investigation into the conduct of the Gates County Water Department and Sheriff’s Department, focusing on the unauthorized entry onto private property, the failure to obtain proper legal authorization for their actions, the unlawful disconnection of the water service, and the retaliatory nature of the charges. IX. CONCLUSION The evidence and legal arguments presented demonstrate that the charges against Charles Brian **** are based on retaliatory actions, procedural violations, and significant constitutional infringements. The water was not lawfully disconnected, and thus the subsequent reconnection during an emergency cannot be deemed unlawful under NC General Statute *-*. Additionally, the timing and nature of the charges suggest they were brought in retaliation for lawful actions taken by Mrs. ****, further undermining the legitimacy of the prosecution. The court should dismiss the charges, expunge Mr. ****’ record, and hold the responsible parties accountable to prevent further abuses of power. X. FINAL APPEAL We urge the court to consider the broader implications of this case for the integrity of the legal system in Gates County. The actions of the Gates County Water Department and Sheriff’s Department have undermined public trust and highlighted serious concerns about the abuse of power. By granting the requested relief, the court can help restore justice and ensure that such abuses do not continue unchecked. TIMELINE OF INCIDENTS April *, *: Lease Signing Under Duress The **** family faced intimidation and pressure during the lease signing with their new landlord, William Rountree. The presence of the previous owner, Lisa Cabral, who had no legal right to be there, added to the coercive atmosphere, which led to an illegal late fee clause and unaddressed habitability issues, including a hazardous septic system. May *, *: Landlord Files for Eviction William Rountree filed for eviction against the **** family, falsely claiming an amount owed that did not match the ****’ records, indicating fraudulent intent and an attempt to wrongfully evict the family. May *, *: Rent Payment Accepted Despite pursuing eviction, the landlord accepted a rent payment, which legally affirmed the lease’s continued validity, contradicting the eviction filing and undermining the basis for the eviction. June *, *: Aggressive Deputy Behavior Sergeant Mike Burkett of the Gates County Department used excessive force and made threats during a visit to the ****’ home, traumatizing the family’s autistic and transgender son, Evan, raising concerns about the legality and appropriateness of law enforcement’s conduct. June *, *: Magistrate K Hall Continuance The ****’ court hearing was unexpectedly continued without their request, raising concerns about procedural irregularities, potential bias, and coordination between the magistrate and the landlord. June *, *: Meter Removed/Billing Dispute The Gates County Water Department removed the ****’ water meter without proper notice, leading to a dispute over billing and the legality of the disconnection. This action violated NC General Statute *-*, as the disconnection was not lawful. June *, *: Rountree Dominated Court During a court hearing, William Rountree dominated the proceedings, making inflammatory statements while the magistrate suppressed the ****’ defense, showing clear bias and collusion. June *, *: Emergency Reconnection In response to extreme heat and drought, Mr. **** reconnected the water supply to save livestock. This action was driven by necessity and did not constitute a criminal act, as the original disconnection was unlawful. June *, *: Pipe Removal & Car Towed The water department returned to the property, disconnected the water line, and towed the ****’ vehicle without proper notice or legal authority, constituting an unlawful seizure and violation of due process. July *, *: Complaint to Senator **** **** filed a formal complaint with State Senator Bobby Hanig about the misconduct of Sergeant Burkett and Deputy Ward during the June 1st incident. This complaint likely triggered retaliatory actions from local authorities. July *, *: Ed Stiles Contact and Voicemail Ed Stiles, Senator Hanig’s assistant, assured **** **** that her complaint would be investigated, but instead, she received a threatening voicemail from Sheriff Ray Campbell, indicating a pattern of intimidation. July *, *: Warrant Issued: Ward & Saunders Following the complaint to the senator, a warrant was issued against Mr. ****, signed by Magistrate George Saunders. The timing raises concerns about retaliatory actions by law enforcement. July *, *: Sheriff Campbell Calls Employer Sheriff Ray Campbell contacted Mr. ****’ employer about the warrants instead of notifying Mr. **** directly, leading to Mr. **** being placed on unpaid leave and further highlighting the retaliatory nature of the actions. July *, *: Ms. **** Calls Sheriff **** **** called Sheriff Campbell, who dismissed her concerns, defended his deputies’ actions, and further intimidated the family. July *, *: Sheriff Calls to Threaten Sheriff Campbell called **** **** again, issuing veiled threats and pressing for Mr. **** to surrender, demonstrating continued harassment and abuse of power. July *, *: Mr. **** Turns Himself In Mr. **** turned himself in, and while one deputy treated him with compassion, the magistrate made callous remarks, further demonstrating bias and lack of impartiality. July *, *: Continued Harassment Sheriff Campbell continued to harass Mr. **** through his employer, maintaining constant contact and applying undue pressure. July *, *: Conflict of Interest Deputy Ward, the complainant in Mr. ****’ case, served subpoenas to the Gates County Water Department, raising serious concerns about conflict of interest and the fairness of the investigation. August *, *: Confirmation of Illegal Towing The towing company confirmed that the Gates County Water Department had falsely claimed authority to tow the ****’ vehicle, further demonstrating unlawful actions against the family. August *, *: Water Bill Received The **** received a questionable water bill with exaggerated usage figures after their meter had been removed, suggesting further manipulation and mismanagement by the water department. August *, *: Obstruction The water department obstructed the ****’ attempts to obtain records, providing misleading information instead, supporting claims of a retaliatory campaign against the family. August *, *: Court Date - DA Influence During a court hearing, the sheriff’s private conversation with the DA led to a change in the DA’s stance, indicating undue influence and further bias against Mr. ****. August *, *: Septic Technician Visit A septic technician was sent by the landlord without prior notice, causing distress to the family and adding to the ongoing harassment and neglect by the landlord. I. Case Background Charles Brian **** is facing criminal charges related to alleged tampering with the water utility system in Gates County, NC. Continued Pass Grand Jury Gates County Courthouse Superior Court Courtroom * */*/* *:* AM Disposition Hearing Judge Robert P Trivette Gates County Courthouse District Court Courtroom * */*/* *:* AM Chief District Court Judge Edgar L Barnes Complainant: Deputy Elizabeth Ward - Gates County Sheriff Department OFFENSES COUNT * JUNE *, *: M-RECONNECT UTILITY-M * On or about the date of offense shown and then the county named above the defendant unlawfully and willfully did willfully and with the intent to injure or defraud Gates County water department reconnect water connection when it had been lawfully disconnected and turned off by the utility provider, Gates County Water Department. COUNT * JUNE *, *: F-RECONNECT UTILITY 2ND/SUB OFFENSE * On or about the day of offense shown and then the county named above the defendant unlawfully, willfully, and feloniously did willfully and with the intent to injure or defraud Gates County water department reconnect water connection when that had been lawfully disconnected and turned off by the utility provider, Gates County Water Department. II. PRELIMINARY STATEMENTS Presumption of Innocence Charles Brian **** is presumed innocent until proven guilty beyond a reasonable doubt. The prosecution bears the burden of establishing guilt, which remains unmet due to a lack of evidence, significant procedural violations, and the questionable motivations behind the charges in this case. Lack of Criminal Intent Charles Brian **** did not reconnect or tamper with the water utility on or about June *, nor at any time before June *. The reconnection on June *, *, was done solely out of necessity to prevent the death of livestock suffering from severe heat stress, and not with any criminal intent. Furthermore, under NC General Statute *-*, the water must have been "lawfully disconnected" for the reconnection to be considered unlawful. The initial disconnection was not lawful, thus invalidating any claim of criminal intent in reconnecting the water during an emergency. Procedural Violations and Retaliation The charges against Mr. **** appear to be retaliatory, following complaints made to a state senator about law enforcement misconduct. The timing, sequence, and nature of these charges strongly suggest that they were brought in retaliation for Mr. and Mrs. **** exercising their legal rights and reporting misconduct. This retaliation violates established legal principles against prosecutorial retaliation, as recognized in cases like North Carolina v. Alford and United States v. Goodwin. Constitutional Violations Law enforcement’s actions, including entering private property without a warrant, lack of proper notification, towing a vehicle without authorization, and employing intimidation tactics, violated Mr. ****’ constitutional rights to due process and legal representation. These actions infringe upon protections guaranteed under the Fourth, Fifth, and Fourteenth Amendments, as established in key cases such as Mapp v. Ohio and Katz v. United States. Failure of Proper Investigation There was no proper investigation into the allegations against Mr. ****. The water department failed to consider the emergency circumstances under which the reconnection was made and trespassed on private property without proper legal authority. Additionally, the water department’s actions, including the removal of the meter and the towing of a vehicle without notification or legal justification, further highlight the lack of proper procedure and the potential abuse of power in this case. The failure to investigate the true context of the events has resulted in unjust charges against Mr. ****. III. DETAILED DEFENSE FOR EACH CHARGE COUNT * JUNE *, *: M-RECONNECT UTILITY-M * Charge Description: Unlawful reconnection of water utility. Defense Argument: The reconnection was not done by Charles Brian ****. Miscommunication and Procedural Failures: Significant miscommunications and procedural failures by the water department contributed to the situation. No Tampering by Defendant: The meter was still calculating water usage, indicating no intent to injure or defraud. Easement Rights and Fourth Amendment Protections: Utility companies in North Carolina are granted easements to maintain and service their utilities. However, this easement does not extend to investigating suspected tampering without a warrant. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, making any entry onto the ****' property by the water department without a warrant unlawful. Termination of Service Contract: When the water department removed the meter on June *, *, without a warrant, this action terminated the service contract between the property owner and the utility, altering the rights granted under the easement and limiting the water department's ability to enter the property without a warrant. COUNT * JUNE *, *: F-RECONNECT UTILITY 2ND/SUB OFF * Charge Description: Felonious reconnection of water utility. Defense Argument: Necessity Defense and Lawful Action Emergency Situation: The reconnection on June *, *, was done out of necessity to prevent the death of livestock suffering in extreme heat. The water was used sparingly and only for essential needs. Lack of Notification: The water department failed to provide proper notification and follow disconnection policies. Inconsistent Actions by the Water Department: The water department’s inconsistent actions and failure to communicate contributed to the situation. Lawful Disconnection Requirement: Under NC General Statute *-*, the statute specifically refers to "water lawfully disconnected." If the water was not disconnected lawfully—due to procedural violations, lack of proper notification, or unlawful entry—then when Mr. **** reconnected the water during an emergency, he did not do so unlawfully. The disconnection on June *, *, was not lawful due to the lack of a proper warrant and the improper actions taken by the water department, which means the subsequent reconnection by Mr. **** on June * was lawful under the circumstances. Retaliatory Prosecution: The charges against Mr. **** appear to be retaliatory in nature. After Mrs. **** filed a complaint with State Senator Bobby Hanig regarding misconduct by local law enforcement on June *, *, and appealed the summary ejectment ruling, the timing and nature of the charges filed on July *, *, strongly suggest they were brought in retaliation for exercising her legal rights. This pattern of retaliation violates principles established in cases like North Carolina v. Alford, * U.S. * (*) and United States v. Goodwin, * U.S. * (*), where the courts held that the state must not bring charges as a result of retaliatory animus. IV. LEGAL BASIS AND PRECEDENTS Relevant Case Law North Carolina v. Alford, * U.S. * (*): The principle of not prosecuting based on retaliatory animus. United States v. Goodwin, * U.S. * (*): Protection against retaliatory prosecution. Mapp v. Ohio, * U.S. * (*): The exclusionary rule prohibits the use of illegally obtained evidence in a criminal trial, emphasizing the need for a warrant in any search or seizure. Katz v. United States, * U.S. * (*): The requirement for law enforcement to obtain a warrant before entering private property for investigative purposes, ensuring Fourth Amendment protections are upheld. Statutory Interpretations NC General Statute *-*: This statute requires that the water must have been "lawfully disconnected" for a reconnection to be considered unlawful. If the water was not lawfully disconnected, then the reconnection, particularly under emergency circumstances, cannot be considered unlawful. This statutory interpretation is critical to the defense, as the initial disconnection on June *, *, was not lawful due to the absence of proper legal procedure and a warrant. Retaliatory Prosecution: The timing of the charges, coming shortly after a complaint and appeal, raises significant concerns about retaliatory prosecution. Such actions undermine the integrity of the judicial process and violate the constitutional rights of the accused. Constitutional Protections Fourth Amendment: Protects against unreasonable searches and seizures, requiring a warrant for any investigative action on private property. Fifth and Fourteenth Amendments: Provide protections against procedural and substantive due process violations, particularly in cases involving retaliatory prosecution and unlawful deprivation of property. V. EVIDENCE AND WITNESSES Documentation Statements: Present statements from the **** about the events. Communication Records: Highlight communication records with the water department. Retaliatory Evidence: Document the timeline of events, showing the correlation between the complaint to Senator Hanig, the appeal of the eviction, and the subsequent filing of charges against Mr. ****. Witness Testimonies Character Witnesses: Include those attesting to Mr. ****' integrity and good faith actions. VI. CIVIL RIGHTS CLAIMS Explore the possibility of filing civil rights claims under * U.S.C. § * for violations of Mr. ****’ constitutional rights. This includes claims for: Due Process Violations: Under the Fourteenth Amendment. Unlawful Search and Seizure: Under the Fourth Amendment. Retaliatory Prosecution: Based on the pattern of harassment and abuse of power. VII. LITIGATION PREPARATION Drafting Necessary Motions Motion to Dismiss: Lack of evidence, procedural violations, and constitutional violations. Motion to Suppress Evidence: If any evidence was obtained unlawfully. Motion for Injunctive Relief: To prevent further harassment and retaliatory actions. Discovery Requests Requests for Production: Obtain all documents, communications, and records from the Gates County Water Department and Sheriff’s Department. Interrogatories: Pose specific questions to uncover details about the procedural violations and retaliatory actions. Depositions: Depose key witnesses, including Deputy Elizabeth Ward, Sergeant Mike Burkett, Sheriff Ray Campbell, and water department officials. VII. PRAYER FOR RELIEF Dismissal of Charges: Request dismissal of all charges under Rule *(b) of the North Carolina Rules of Criminal Procedure, emphasizing the lack of substantive evidence, the absence of criminal intent, the retaliatory nature of the charges, and the multiple violations of constitutional rights, including the unlawful disconnection and subsequent reconnection of the water supply. Expungement of Record: Pursue expungement of all records related to these charges, given the retaliatory nature of the prosecution and the significant procedural violations. Legal Costs and Fees: Request reimbursement of all legal costs and fees incurred, including expenses for expert witnesses on easement law, statutory interpretation, and constitutional rights. Injunctive Relief: Prevent further retaliatory actions or harassment, particularly any unauthorized entry onto the ****’ property without a warrant. Investigation and Sanctions: Seek an investigation into the conduct of the Gates County Water Department and Sheriff’s Department, focusing on the unauthorized entry onto private property, the failure to obtain proper legal authorization for their actions, the unlawful disconnection of the water service, and the retaliatory nature of the charges. Conclusion The evidence and legal arguments presented demonstrate that the charges against Charles Brian **** are based on retaliatory actions, procedural violations, and significant constitutional infringements. The water was not lawfully disconnected, and thus the subsequent reconnection during an emergency cannot be deemed unlawful under NC General Statute *-*. Additionally, the timing and nature of the charges suggest they were brought in retaliation for lawful actions taken by Mrs. ****, further undermining the legitimacy of the prosecution. The court should dismiss the charges, expunge Mr. ****' record, and hold the responsible parties accountable to prevent further abuses of power. Final Appeal We urge the court to consider the broader implications of this case for the integrity of the legal system in Gates County. The actions of the Gates County Water Department and Sheriff’s Department have undermined public trust and highlighted serious concerns about the abuse of power. By granting the requested relief, the court can help restore justice and ensure that such abuses do not continue unchecked. Introduction: The Truth About Brian **** From the Perspective of His Mother, Joyce ****: “My name is Joyce ****, and while I left this world when my son Brian was just five years old, I have never truly left him. Though I couldn’t be there in person to watch him grow, I have been with him in spirit at every important moment of his life—at his wedding, at the birth of his children, at every birthday party, and most especially, during those times when he felt most alone. I have watched him, with immense pride, become the man I always knew he could be.” Early Years: “Brian was just a little boy when he lost me, and I know that my absence left a deep void in his life. He faced challenges that no child should have to face, growing up without his mother’s guidance and his father’s presence. But even in those early years, he showed a resilience and strength that set him apart. He was a boy who had every reason to give up, but instead, he fought to find his place in the world, even when it seemed there was no one to guide him.” The Man He Became: “As Brian grew, I watched him navigate life’s difficulties with courage and determination. He could have easily let his hardships define him, but he chose a different path. He chose to be a man of integrity, a man of love, and a man who stands by his values. When he met his wife, I was there, and I saw the beginning of a journey that would bring him the sense of belonging he had always searched for. Together, they have built a family that is the heart of his world, and in them, he has found the love and support he always deserved.” Values and Character: “Brian’s life has been guided by the values that I hoped to instill in him, even in the short time we had together. He is selfless, compassionate, and kind. He is strong in his convictions and steadfast in his commitment to his family. He has faced every challenge with dignity and grace, and he has become a man who is respected and loved by all who know him. He is not just a good man—he is an extraordinary one.” The Challenges He Faces Now: “Seeing the challenges my son faces now breaks my heart, but I know the strength that lies within him. The accusations against him are so far from the truth of who he is that it is almost unimaginable. But Brian is not one to back down in the face of adversity. He is fighting for the truth, and I know that he will continue to stand tall, no matter how difficult the road ahead may be.” Pride and Love: “If I could speak to Brian today, I would tell him how proud I am of the man he has become. I would tell him that I have been with him through every step of his journey, that I have seen his struggles and his triumphs, and that he has made me prouder than I ever could have imagined. I know that he sometimes feels alone, but I want him to know that he has never been alone. I have always been there, watching over him, guiding him, and loving him.” Closing: “My son, Brian ****, is a man of remarkable character and strength. Though I could not be there in person to raise him, I have seen the man he has become, and I am so proud of the life he has built. He is a devoted husband, a loving father, and a man who fights for what is right. I know that no matter what comes, he will continue to live by the values that define him, and I will always be with him, every step of the way.” A Continuation of Joyce’s Legacy: My Own Words Brian **** is a man of immense integrity and strength, but more than that, he is my husband, my partner, and the father of our children. We have built a life together, one filled with love, joy, and an unbreakable bond that has only grown stronger through the years. I like to think that Brian is such a good man and father because I am such a good woman, wife, and mother. Together, we have saved each other in ways that are difficult to put into words. I gave him a place where he belongs, and he gave me the family I never imagined I would have. When we met, I was *, and Brian was *. At the time, some might have called him a “bad boy,” but I saw something much deeper. I saw a boy who was lost, who desperately wanted to belong, and I knew that with the right opportunity, he would grow into a truly great man. And I was not wrong. Over the past 25 years, I have been privileged to witness that boy transform into an amazing husband, a phenomenal father, and one of the greatest men I’ve had the privilege of knowing. Despite the hardships of his upbringing, our children and I gave him a place where he truly belonged—a family that loves him deeply and unconditionally. Brian is a selfless man who always puts others before himself. He is not easily angered, and he’s never shy about telling our children that he loves them. They know it without a doubt because he shows them every day with his words and actions. Over the past seven years, I have faced serious health challenges that have taken me in and out of hospitals, with numerous specialists and endless treatments. There were times when I was not the loving, sweet woman he married, but Brian never wavered. He stood by me with unwavering strength and support, always putting my needs before his own. His dedication to me, even in the most difficult times, is a testament to the depth of his character. We also have an autistic and transgender child, a journey that could have been challenging for anyone, especially for Brian, who was raised by his grandparents in an environment that didn’t necessarily teach the acceptance I grew up with. But Brian embraced our child with unconditional love and support, showing him every day that he is loved no matter what. Brian has become the father our children need—someone who puts their well-being and happiness above all else. Brian’s goofy and funny nature brings so much joy to our lives. He has a sarcastic sense of humor that fits him perfectly, but beneath that humor is a heart that is always open to others. He is smart, kind, and brave, with a strength that lies not just in his resilience but in his unwavering dedication to our family. His ability to bring joy and laughter into our lives, even during the hardest times, is one of the many reasons why he is the glue that holds us together. However, the past few months have been nothing short of a nightmare. I have watched as strangers—people who do not know him and have no understanding of his character—have tried to tear this wonderful man down. They have unjustly portrayed him as a criminal on the run, sought to ruin his reputation, disrupt his employment, and cast a shadow over his future. It has been one of the most unfathomable and painful things I have ever had to witness. Most men would crumble under such relentless pressure, and while I can see that on the inside Brian is shaken, what sets him apart is his unshakable faith in who he is, in who our family is, and in what we stand for. Even as these accusations have tried to tear him down, Brian’s unwavering resolve to stand up for what is right has only strengthened. That faith is far more powerful than anything those who believe they hold power over him could ever wield. He remains steadfast, holding onto the truth of his character and the strength of our family. His resilience in the face of such adversity is a testament to the incredible man he has become. To see someone try to tear down a man as good as Brian is beyond heartbreaking, but through all of this, I have never been more certain of his greatness. His integrity, his love, and his strength are unbreakable, and I know that no matter what, he will continue to stand tall, not just for himself, but for all of us who love him. To those who seek to understand the truth, I ask that you look beyond the accusations and see the man we know and love. Brian **** is not defined by these charges; he is defined by the life he has lived and the love he has given. We have built a life together that so many are now trying to destroy. When they hurt him, it hurts me, and I know that he feels the same about me. But our love and our family are stronger than anything that can be thrown at us. We will get through this, just as we have gotten through everything else—together. It is our deepest hope that those who hold the power to judge will see the truth of Brian’s character and allow justice to prevail. TIMELINE OF INCIDENTS April *, *: Lease Signing Under Duress The **** family faced intimidation and pressure during the lease signing with their new landlord, William Rountree. The previous owner, Lisa Cabral, was present without legal right, adding to the coercive atmosphere. May *, *: Landlord Files for Eviction William Rountree filed for eviction against the **** family, falsely claiming an amount owed that did not match the ****' records, indicating fraudulent intent. May *, *: Rent Payment Accepted Despite pursuing eviction, the landlord accepted rent payment, which legally affirmed the lease's continued validity, contradicting the eviction filing. June *, *: Aggressive Deputy Behavior Sergeant Mike Burkett of the Gates County Sheriff’s Department used excessive force and made threats during a visit to the ****' home, traumatizing the family's autistic and transgender son. June *, *: Magistrate K Hall Continuance The ****' court hearing was unexpectedly continued without their request, raising concerns about procedural irregularities and possible bias. June *, *: Water Meter Removed and Billing Dispute The Gates County Water Department removed the ****' water meter without proper notice, leading to a dispute over billing and the legality of the disconnection. June *, *: Rountree Dominated and Owned Magistrates Court During a court hearing, William Rountree dominated the proceedings, making inflammatory statements while the magistrate suppressed the ****' defense, showing clear bias. June *, *: Emergency: Life or Death In response to extreme heat and drought, Mr. **** reconnected the water supply to save livestock, arguing that this was a necessity, not a criminal act. June *, *: Water Pipe Removal & Car Towed The water department returned to the property, disconnected the water line, and towed the ****’ vehicle without proper notice or legal authority, constituting an unlawful seizure. July *, *: Complaint to Senator (June * incident) **** **** filed a formal complaint with State Senator Bobby Hanig about the misconduct of Sergeant Burkett and Deputy Ward during the June 1st incident. July *, *: Ed Stiles Contact and Sheriff Ray Campbell Voicemail Ed Stiles, Senator Hanig’s assistant, assured **** **** that her complaint would be investigated, but instead, she received a threatening voicemail from Sheriff Ray Campbell. July *, *: Warrant Issued: Ward & Saunders Following the complaint, a warrant was issued against Mr. ****, signed by Magistrate George Saunders, raising concerns about retaliatory actions. July *, *: Sheriff Ray Campbell Calls David Cullipher Sheriff Ray Campbell contacted Mr. ****’ employer about the warrants instead of notifying Mr. **** directly, resulting in Mr. **** being placed on unpaid leave. July *, *: **** **** Called Sheriff Campbell **** **** called Sheriff Campbell, who dismissed her concerns and defended his deputies' actions, further intimidating the family. July *, *: Sheriff Calls Just to Threaten Sheriff Campbell called **** **** again, issuing veiled threats and pressing for Mr. **** to surrender, further demonstrating harassment. July *, *: Charles Brian **** Turns Himself In Mr. **** turned himself in, and while one deputy treated him with compassion, the magistrate made callous remarks, indicating bias. July *, *: David and the Sheriff Texted All Week Sheriff Campbell continued to harass Mr. **** through his employer, maintaining constant contact and further pressuring Mr. ****. July *, *: Subpoenas Deputy Ward, the complainant in Mr. ****' case, served subpoenas to the Gates County Water Department, raising conflict of interest concerns. August *, *: Confirmation of Illegal Towing (June *) The towing company confirmed that the Gates County Water Department had falsely claimed authority to tow the ****' vehicle, adding to the unlawful actions against them. August *, *: Water Bill Received The **** received a highly questionable water bill, with exaggerated usage figures after their meter had been removed, suggesting further manipulation by the water department. August *, *: Obstruction of Justice by the Water Department The water department obstructed the ****' attempts to obtain records, providing misleading information instead, which supports claims of a retaliatory campaign. August *, *: Court Date At a court hearing, the sheriff’s private conversation with the DA led to a change in the DA's stance, suggesting undue influence and further bias against Mr. ****. August *, *: Unannounced Septic Technician A septic technician was sent by the landlord without prior notice, causing distress to the family and adding to the ongoing harassment and neglect by the landlord. INCIDENT *: APRIL *, *: LEASE SIGNING UNDER DURESS On April *, *, **** and Charles **** faced a series of unfair and deceptive practices during the lease signing with their new landlord, William Paul Rountree Sr. The event involved unexpected intrusion, intimidation, and abrupt financial changes. Unexpected Intrusion and Intimidation: Mr. Rountree brought the previous owner, Lisa Cabral, who had no legal right to be in the ****' home. This unauthorized entry, allowed out of shock and confusion, constituted an invasion of privacy and an intentional intimidation tactic. History of Unaddressed Issues: The **** had previously provided a list of unresolved problems, including septic issues, to Lisa Cabral, which were consistently ignored. Mr. Rountree’s dismissive attitude towards these ongoing issues, particularly the septic problem, exacerbated their concerns. Abrupt Financial Changes: The **** were suddenly informed of a significant rent increase from $* to $* per month and a newly required security deposit, placing them at a financial disadvantage. Coercive Environment: The intimidating presence, implied threats of eviction, abrupt rent increase, and new financial demands created an atmosphere of fear and pressure, depriving the **** of the opportunity to thoroughly review the lease terms. Illegal Lease Terms: Upon later review, the **** discovered the lease included an illegal late fee clause and did not address their previously raised habitability concerns, especially the septic problem. INCIDENT *: MAY *, *: LANDLORD FILES FOR EVICTION On May *, *, the landlord, William Paul Rountree Sr., filed an eviction notice against the **** family, falsely claiming an amount owed of $*,*.*. However, the ****' records, including a receipt dated April *, *, indicated a balance due of $*,*.* plus $*,*.* for May, bringing the total to $*,*.*. The discrepancy in the claimed amount highlights the fraudulent nature of the eviction filing. False Information: The eviction filing falsely claimed an amount owed that did not align with the ****' records, which showed a balance of $*,*.*, not the $*,*.* claimed by Mr. Rountree. Fraudulent Filing: By submitting this false information, Mr. Rountree attempted to mislead the court and improperly evict the **** family. Violation of Rights: The false eviction claim not only sought to wrongfully remove the **** from their home but also caused significant emotional and financial stress. INCIDENT *: MAY *, *: RENT PAYMENT ACCEPTED On May *, *, landlord William Paul Rountree Sr. accepted a rent payment of $*,*.* from the **** family and provided a receipt showing the payment was for the period from May * to May *. Acceptance of Rent: By accepting the rent payment while pursuing eviction, Mr. Rountree demonstrated a waiver of the alleged lease breach, affirming that the lease was still in effect. Legal Implications: Generally, if a landlord accepts rent from a tenant while knowing that the tenant is in breach of the lease, the landlord waives the breach and must wait for a new violation to declare a breach and enforce rights. INCIDENT *: JUNE *, *: AGGRESSIVE DEPUTY BEHAVIOR Excessive Force and Threats: Sergeant Mike Burkett banged on the door with excessive force for approximately * minutes, using an object believed to be his flashlight or nightstick. As he left, Sergeant Burkett stated, "Good, now I have a reason to pull this car over every time I see it on the road," and "I’ll be back every day," which were clear threats and intimidation. Impact on Autistic and Transgender Child: The incident traumatized the ****' *-year-old son, Evan, who is autistic and transgender. The aggressive behavior violated the sensory-friendly environment needed for his well-being. Evan was found curled up in a ball, having cried himself to sleep, while Gavin, the *-year-old son, was also distressed, apologizing for not knowing how to help his brother. Deputy Ward’s Complicity: Deputy Elizabeth Ward witnessed Sergeant Burkett’s excessive force and threats but failed to intervene or de-escalate the situation, making her complicit in the misconduct. False Statements and Justification: Sergeant Burkett falsely claimed to Sheriff Ray Campbell that he knew the family was home because he heard "running through the house." In reality, the sound was Evan running to his room to escape the deputy's aggression. The Service of Summons contains a false statement: "male subject has *'s and won't answer," which was untrue as the children were home alone and frightened. Parallel to Elijah McClain’s Case: The tragic case of Elijah McClain, a *-year-old autistic man who died due to excessive force by law enforcement, highlights the critical misunderstandings that can occur with autistic individuals. INCIDENT *: JUNE *, *: SUMMONS RECEIVED June *, * - Summons Received: Received the summary ejectment summons and complaint through first-class mail. Proper protocol requires the deputy to post the summons if first-class mail is used, which was not done. The Service of Summons was not filed until June *, four days after the court date and 23 days after the attempt by Deputy Ward and Sergeant Burkett. INCIDENT *: JUNE *, *: CONTINUANCE MAGISTRATE K. HALL Procedural Irregularity: The **** arrived at the Magistrates' Court for a scheduled hearing at *:* AM, checked in * minutes early, and were directed to the Sheriff's department. Shortly thereafter, they were informed by the magistrate that the case was continued to June *, *, without a request for continuance from either party. Lack of Transparency: Mr. Rountree was not present at the courthouse, raising questions about prior knowledge of the continuance. This procedural irregularity caused further distress and confusion. Incident *: June *, * - Meter Removal & Billing Dispute The events surrounding the removal of the water meter on June *, *, and the subsequent billing dispute highlight significant procedural violations and communication failures by the Gates County Water Department. These actions are crucial in challenging the validity of the charges against Charles Brian **** and expose extreme measures taken by the department, exacerbated by **** ****’ desperate attempts to restore water service. Removal of Meter On June *, *, the Gates County Water Department, directed by Brad Arnold and Daphne Walker, removed the water meter from our residence. As a government entity acting under color of law, the water department was required to adhere to legal protocols, including obtaining a warrant. The removal of the meter was conducted under allegations of tampering, which effectively constitutes a criminal investigation. Such actions necessitate adherence to constitutional protections and legal procedures to ensure that the removal of property from private premises is lawful. In an effort to expedite the restoration of water service, **** **** misrepresented her marital status. Daphne Walker responded to ****’s request by demanding a document from the landlord confirming **** as the sole occupant and a $* deposit. During this interaction, Walker mentioned that the water usage readings were unusually high but failed to investigate or address these concerns further. Billing Dispute The Gates County Water Department claims an outstanding balance of over $*,* accumulated over several months of service. This claim is complicated by procedural errors and a lack of clear communication. The department’s policy required them to provide notice and allow time for resolution before disconnecting service. The department had allowed 20 months of nonpayment without disconnecting, which contradicts their own policies. **** ****’ attempts to resolve the issue, including providing alternative documentation on June *, *, were met with inaction from Walker, leaving the matter unresolved and exacerbating the billing dispute. INCIDENT *: JUNE *, * EMERGENCY RECONNECTION The events surrounding the emergency reconnection on June * and the subsequent actions on June *, *, reveal a pattern of procedural violations, negligence, and abuse of authority by the water department and sheriff's office. These factors are pivotal in defending Charles Brian **** against the charges levied under NC General Statute *-*. Emergency Situation: On June *, the water tanks ran completely dry during extreme heat and drought conditions, posing a life-threatening risk to farm animals, especially pigs, suffering from severe heat exhaustion and dehydration. Pigs, unable to sweat, were lying on the ground, gasping for breath, without access to water or a mud pit to cool themselves. Immediate intervention was necessary to prevent their imminent death. Mr. **** reconnected the water supply to provide drinking water and create a lifesaving mud pit for the pigs. No Criminal Intent: The reconnection was driven by the urgent need to save the animals’ lives and meet basic hygiene needs, not to steal water service. The valve was turned off after these temporary needs were met, and the line remained connected solely for potential emergencies. The **** kept track of the water used showing that no attempts to defraud or injure the water department were made. Limited additional water use was restricted to essential sanitation and hygiene: Creating a mud pit for the pigs: * gallons Filling up * water troughs: * gallons Flushing three toilets: * gallons Brief showers for two children: * gallons Quick showers for **** and Brian ****: * gallons Washing accumulated dishes: * gallons Total Estimated Water Usage: * gallons INCIDENT *: JUNE *, *: DISCONNECTION & PROPERTY SEIZURE At approximately *:* AM, a water department employee entered the ****' private property without leaving any written notice or explanation. Around *:* AM, two sheriff's deputies arrived, knocked on the door, and left a yellow note under the windshield wiper of a vehicle parked in the driveway. Upon returning home, the **** discovered that their personal vehicle had been towed without their knowledge or consent, and the area around the water meter had been dug up, severing the water line. The only explanation provided was a note stating, "here to assist the water dept." The **** were not informed about the towing until August *, *, when **** **** reached out to Casper's Sales and Service herself. The car was mysteriously returned on July *, *, without any prior notification. Constitutional Violations and Overreach of Authority The actions of the water department and sheriff’s office constitute an unconstitutional deprivation of property without due process, violating the 14th Amendment. The easement rights granted to the water department do not include conducting criminal investigations, which legally requires a warrant. By involving the sheriff's department, the requirement for a warrant became absolute. No formal notice, hearing, or legal justification was provided before these punitive actions were taken, representing a clear overreach of authority. Abuse of Power Under "Color of Law" Both the water department and the sheriff's office exceeded their legitimate powers, using their positions to unlawfully deprive the **** family of essential services and personal property. These unilateral and unannounced actions constitute an abuse of authority under the "color of law." Standard procedures for utility disconnections and property seizures were disregarded, with no proper notice or opportunity given to the **** to address any alleged issues. The towing of the vehicle and disconnection of the water service were done without proper notice, amounting to improper and unlawful seizures of property. Obstruction of Justice and Destruction of Evidence The removal of the water meter and severing of the pipe infrastructure potentially destroyed or concealed evidence that could support Mr. ****' innocence regarding the June 13th charge. These actions deprived Mr. **** of the ability to investigate and present exculpatory evidence, further violating his substantive due process rights under the 5th and 14th Amendments. Access to water is a fundamental human right, essential for life, health, and sanitation. The unlawful deprivation imposed life-endangering conditions on the entire family, including children and animals. Suspicious Activities and Intimidation Tactics Suspicious activities and intimidation tactics further compound the issue. Security cameras recorded * separate instances of motion within * hour and * minutes on June *, despite the cameras only detecting motion within * feet of the house, while the water meter is approximately * feet away. This suggests that individuals were in areas where they had no legal right to be. The immediate action taken by the water department, without a meter to record readings, raises suspicions of surveillance, potentially orchestrated by the landlord, William Rountree, who coincidentally texted Mr. **** within * minutes of the incident. Additionally, three men in three different trucks blocked access to the driveway for * minutes, further intimidating and instilling fear in **** ****. False Statements and Mismanagement by the Water Department The water department also made false statements to Casper’s Sales and Service to get the vehicle towed, falsely claiming they had permission from the sheriff’s department and that they had notified the **** to move the car. These falsehoods facilitated the unauthorized removal of the ****' personal property. Billing Discrepancies and Intimidation Tactics The recent water bill received on August *, *, shows significant discrepancies. The bill states a usage of *,* gallons from May *, *, to June *, *, which is implausible given that the meter was removed on June *. The bill was sent almost two months after the meter's removal, violating the water department’s policy, which stipulates that a final bill should be mailed promptly. The delayed billing and exaggerated usage figures suggest potential intimidation tactics and further mismanagement. Legal Implications Under NC General Statute *-* Under NC General Statute *-*, which pertains to unauthorized utility connections, Mr. **** faces charges. Notably, subsection (d)(*) elevates the offense to a Class F felony if it results in significant property damage or public endangerment. Ironically, the water department's actions—towing the ****' personal vehicle without proper authority and severing their access to water—constitute significant property damage and pose a risk to public health and safety, especially considering the presence of children and livestock. These actions could themselves be interpreted as violations of the same statute, highlighting a double standard and potential misconduct by the authorities. Abuse of Power Under Color of Law and Statutory Violations Governing Authority and Statutory Violations (N.C. General Statute 162A-*) Under N.C. General Statute 162A-*, the board of county commissioners is established as the governing authority responsible for overseeing significant actions taken by the water department, particularly those affecting essential services provided to residents. On June *, *, the Gates County Water Department, under the direction of its officials, removed the water pipe from the ****' property, depriving the family of access to water—an essential utility—without any due process or prior approval from the county commissioners. This action raises serious legal concerns under both procedural and substantive due process rights, as protected by the U.S. Constitution and state law. Legal Framework and Due Process Violations Procedural Due Process mandates that before the government deprives an individual of life, liberty, or property, it must provide notice and an opportunity to be heard. The removal of the water pipe, which deprived the **** family of access to a basic human necessity, was carried out without any such notice or opportunity. There was no chance for the **** family to contest or rectify the situation, nor was there any indication that the action was subject to the required oversight by the county commissioners. Substantive Due Process protects individuals from arbitrary and egregiously unjust government actions. The removal of the water pipe without just cause, particularly given the presence of children and animals on the property, constitutes an arbitrary and egregious abuse of power. This act shocks the conscience and is a clear violation of substantive due process rights. Abuse of Power Under "Color of Law" The actions of the Gates County Water Department on June *, *, represent a significant overreach of authority under the guise of legal authority—referred to as "color of law." By removing not only the water meter but also the water pipe, the department engaged in punitive measures without lawful authority or due process, which typically follow from such enforcement actions. The absence of oversight from the county commissioners further exacerbates the severity of these actions, constituting a clear abuse of power under color of law. Failure of Oversight by County Commissioners N.C. General Statute 162A-* places the legal responsibility for overseeing the actions of the water department on the county commissioners. The extreme actions taken by the water department on June *, *, should have been subject to review and approval by the county commissioners. The lack of such oversight suggests a failure to fulfill their legal responsibilities, potentially exposing them to liability for the harm caused by the water department's actions. Additional Legal Violations The Gates County Water Department's actions, combined with those of law enforcement, constitute multiple violations under North Carolina law: NCGS *-*: False Representations of Authority The water department and law enforcement falsely represented that they had the authority to disconnect services and tow the vehicle without possessing a valid warrant or legal basis. NCGS *-*: Unlawful Dispossession of Property The water department and towing company unlawfully dispossessed the **** family of their property by disconnecting water services and towing their vehicle without legal authority. NCGS *-*: Deceptive and Unfair Practices The actions on June *, including unauthorized entry, disconnection of water services, and towing of the vehicle, represent a pattern of deceptive and unfair practices intended to intimidate and coerce the **** family. NCGS 99A-*: Exceeding Authorized Access and Interference with Property Water department employees and law enforcement personnel entered the ****' private property without proper authorization, substantially interfering with the family's possession and use of their property. Accountability of the County Manager (NCGS 153A-*) The county manager is statutorily responsible for overseeing all county departments, including the water department and law enforcement. The unauthorized actions taken on June *, *, demonstrate a failure in proper oversight and administration. The county manager's failure to ensure lawful conduct by these departments directly contributed to the violations of the **** family’s rights. Legal Analysis and Implications The actions of the Gates County Water Department on June *, *, constitute several legal violations, including: Violation of Due Process Rights: The removal of the water pipe without proper notice or opportunity to be heard violates both procedural and substantive due process rights under the U.S. Constitution. Abuse of Power Under Color of Law: The department's actions exceeded lawful authority and deprived the **** family of essential services. Failure of Statutory Compliance: The lack of involvement by the county commissioners in approving such drastic measures is a violation of N.C. General Statute 162A-*. Potential Liability: The county commissioners’ failure to oversee these actions may expose them to legal liability for the damages incurred by the **** family. Conclusion The unauthorized and unlawful actions taken by the Gates County Water Department and law enforcement on June *, *, represent a clear failure in governance and an abuse of power under color of law. These actions violated both statutory and constitutional rights, reflecting a broader issue of accountability within the county government. The **** family has grounds to seek accountability from the county manager and county commissioners and hold them liable for the damages incurred due to these violations. Exceeding Authorized Access and Governance Failures Exceeding Easement and Legal Authority Unauthorized Entry and Actions (June * and June *): Gates County Water Department employees and law enforcement personnel flagrantly exceeded their legal authority by entering nonpublic areas of Mr. ****' property, removing the water meter, disconnecting services, and excavating the water pipe—all without prior notice or due process. Unauthorized Towing (June *): The water department, in cooperation with Casper’