COM 0564.002 1996-1998 - Laserfiche WebLink

Home

14. A dispute arose about the price ($1.23 as indicated on the coughdrop rack and $1.69 on the computerized scanner) which led to an unnecessary loss of time at the customer service office and Ross (then age 73) asked Schulte (age 22) to hurry it up. Schutte (much heavier than Plaintiff) was uncivil and became more enraged for having to wait at the customer service office while her supervisor inside remained on the phone for a long time. She yelled twice that she was going to hit Ross, raised her right arm and did hit Ross, who In self defense moved his left arm to his face to fend the blow at his head off. But when her arm went up again he tried to hold her arm for a moment to prevent yet another blow. There were no witnesses. It happened at 8:35AM, 20 minutes later. 15. The female supervisor/customer-service-clerk, Merlyn Botelho, in front of whose office the altercation occurred, while she was on the phone, finally came outside, sent the cashier to an office upstairs to cool off, and rang up the coughdrops for Ross, at the indicated sales price. Ross paid with a credit card and also gave her his name, address and phone number in exchange for the cashier's name, so he could complain to the management later. Then he left the store at about 8:40AM. 16. Another female clerk in the upstairs office, Patricia Schwarz, made a 911 call from the upstairs office and on behalf of the Schutte lodged a false complaint, at about 8:46AM, stating that Ross had attacked the cashier. For further details see Civil No. 97- 264 in this Court. COUNT 1 -INCOMPETENT AND UNWARRANTED START OF POLICE ACTION 17. At 8:55AM on 9/14/95 Defendant Steven S. Clark, a policeman on duty at the Kamuela Police Station was assigned by "Central Dispatch" to a reported "domestic" at the Kamuela KTA store and arrived at the store at 9:OOAM, as stated by him in police report E-76105. 18. He spoke to supervisor Merlyn Botelho (item 15 supra) for 2 minutes, who had NOT seen Ross hit Schutte in front of her glass office-window and then for a couple of minutes spoke to cashier Beau Schulte. He did not report seeing any blood or bruises, or other signs of violence and Schutte refused medical attention. He did not record any conversations on tape, although the Kamuela police station has tape recorders. He also 4