Complainant Barry C. Drake, 100 Navaho Crt.#3, Radcliff, Ky. 40160, files this complaint of Criminal Activity Nuisance against Pin Oaks Acquisitions, 1584 West Lincoln Trail, Radcliff, Ky. 40160 in accordance with Radcliff City Ordinance Sec 13-1(a)(b)(e)(f).
On or about the first week in November 2007, a new tenant moved across the hall from Complainant, a Caucasian female, who appeared to live alone, however, she was observed engaging in the following activities:
(1) Daily, approximately 5-10 males would visit her during all hours of the day and night, wearing hooded sweatshirts in warm weather, which covered their faces.
(2) Upon entering the building, the individuals would use the front door to block Complainant’s view of their appearance, they would also cut off the light in the entrance at night, so that their identities could not be viewed. In essence, their behavior was of a highly suspicious nature, and they all wore combinations of blue and white, the same colors of a nationally known street gang. These individuals utilized both the front and rear entrance on a 24/7 basis, to handle their constant flow of people, going in and out. Some of the males would spend the night, others would speedily come and go.
(3) Within a few days, this obviously criminal operation, had taken over Complainant’s building of residence, as though they owned the building, wantonly endangering his existence, and disturbing the peace of the normally quiet environment.
(4) Several vehicles related to the activity festering in the building, would enter the complex continuously both day and night, they would conceal their license plates by parking at odd angles, and moving when observed, they would either enter the female’s residence, or she would get into their vehicle, leave-or go behind one of the adjacent buildings.
Based on the gang related colors they wore, and based on their boldly infiltrating the building by secretly moving in with the female neighbor, compounded by their suspicious behavior, Complainant contacted the Radcliff Police, and reported the activity to the head of the Gang Crimes Unit, who confirmed that a vehicle identified by Complainant was the property of a known gang member, confirming that gang related activity was in progress, a point of interest to law enforcement, which initiated an immediate investigation.. Based on information supplied by Complainant, it was determined that his neighbor was wanted by law enforcement due to outstanding warrants, a fact that Complainant’s Landlord would have encountered, had he run background checks on perspective tenants, it was foreseeable that something was going to happen, with a wanted criminal as his neighbor.
Following his conference with the Police, Complainant contacted his Landlord and informed him of the suspected criminal activity being perpetrated on his property. The Landlord’s response was one of wanton, malicious, reckless indifference, he said “don’t tell me, tell the Police”…His indifference to the situation, wantonly created a substantial danger of death or serious injury to Complainant , in violation of KRS 508.060.
At this point the Landlord, once he had knowledge of the ongoing criminal activity, and failed to handle the situation, he was knowingly providing an opportunity for the commission of crimes, in fact, aiding the criminal activity to flourish, in violation of KRS 506.080, criminal facilitation.
On or about the second Saturday in January, Complainant’s storage room was broken into and several items were stolen, however, the crime was not discovered until Monday morning when Complainant returned to his apartment. He immediately reported the crime and initiated an investigation by the Police. Two hours later, Complainant answered a knock at his door, it was the Police, they were there to arrest his neighbor who was not opening her door, after being assured that she was there, they arrested her on outstanding warrants, she was lodged in jail.
Following this episode, Complainant, once again informed his Landlord of criminal activity on his property in the form of the storage room break-in. The Landlord’s response was one of wanton, malicious, reckless indifference, he said “don’t tell me, tell the Police”…
Secondly, in 2007, on or about the end of August or the beginning of September, Complainant observed new neighbors moving into the apartment above him, within 48 hours based on endless traffic coming in and out of the building 24/7, it was obvious that a criminal operation was in progress.
Complainant informed his Landlord of the operation when he personally viewed a drug deal boldly going down directly in front of the building and in front of his residence, one of the residents from upstairs, had a plastic baggie in his hand, passing to a female in a parked vehicle, informing her that he could “get anything she wanted”, she then took the baggie, handed him money and left the area, he then turned around-looked at Complainant-and walked back into the building.
Instead of handling the situation, the Landlord informed Complainant as to what a “nice guy” the new tenant was, totally unaware that two couples lived there, not just one, and refusing to acknowledge the ongoing criminal enterprise flourishing on his property. Approximately two weeks later two cars containing 5-7 individuals, wearing clothing reflecting the same colors, caused a verbal altercation with the new tenant, they left the building screaming and cursing, disturbing the peace, only to return later and resume their argument, this time they were armed with baseball bats and smashed holes in the ceiling, the wall across from Complainant and broke the glass in the entrance door, three feet from his door, at least one of them had a firearm arm tucked down the back of his pants. The new tenant ran downstairs shouting “everything’s ok, the Police have been called”, a statement which was fictitious because the Police never came.
Complainant documented this incident with the Police, and complained to an Officer early the next morning, out of view in the parking lot, they discussed the drug operation.
Later that morning, Complainant heard a door being kicked in upstairs, and objects being moved, he then viewed the upstairs tenant being led away in handcuffs, and put in a patrol car.
Complainant informed his Landlord of the proceedings, enlightening him to the fact that his tenant WAS a drug dealer and was met with total indifference.
Furthermore, a well known drug dealer is currently residing in building 101 Navaho Court, he often frequents Complainant’s neighbor’s apartment, increasing suspicious traffic in the building on a constant basis.
He also brazenly and boldly, does business outside in the open, with cell phone in hand, he services drive through customers.
Complainant had to endure heavy traffic to and from his neighbor’s apartment this past weekend, people were constantly knocking on his neighbor’s door, entering and exiting quickly.
Confirmation and verification of the known dealer’s activities can be acquired from Sgt. Slack of the Gang Crimes Unit.
I hereby certify under penalty that the above Complaint is true to the best of my information, knowledge, and belief.
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Barry C. Drake
100 Navaho Court #3
Radcliff, Ky. 40160
270-352-3058