On August 15, 2020, at 8:30 pm, I went to Chocolate at 3896 Fifth Avenue, Hillcrest, San Diego, 92103. I had left at 913om to head home. I was waiting for the route 10 bus on the corner of Fifth and University.
At 9:17 pm, I entered the bus, # 1306. I sat in the front row of the bus, on the left. A white male, light colored pants, pushing an empty baby stroller, approached me that he was going to sit there.
I got up, apologized, and sat in the disabled seat behind the bus driver. The man said I was rude. He started calling me a sissy in a high pitched voice with his fingers pointed in my face. He looked like he was going to lunge at me. I asked the bus driver to call 911. As the driver called for assistance, the man asked to get off the bus. ( The bus had never moved from the stop). As the man left said "Fu**ing *aggot"
Only witness was a woman in a wheelchair, opposite of me. She wore a bright multi color outfit with a sombrero type hat. When the bus reached the end of the route, I asked the bus driver for his name or badge number. He said it was only his second week working for MTS and didn't want to get involved.
I got home and called police non emergency. At 9:59pm, I was told I would get a call back. I called a friend who was helping me calm down.
At 12:18am, August 17, 2020, I called back and was given event # e20080025218. I was told to call back during non busy times.
Of note, I am disabled due to PTSD, recurrent and diabetic nuerothopy. I had to take an extra tranquilizer . I reported the incident to my doctor.
The following day, Officer E. Rickert, badge # 7818 responded. He said that the man was exercising his freedom of speech and there was no crime.
This report is about my incident with MTS transit 'officer' Mr. Austin Marshall.
In April 2016, I found myself at the 12th & Imperial transit center petitioning the California state petitions directly between the clock tower and Imperial Ave. I was approached by Mr. Marshall and told in no uncertain terms that I was not allowed to petition there. Considering that it's a private property, and the fact that I was in it's main thoroughfare, I was well within my rights and continued with what I was doing. It was then that Mr. Marshall decided to deprive me of my liberty by placing me "under arrest" while we waited for a state officer to come and issue a citation for my 'illegal' petitioning. I would like to point out that I attempted to leave no less than three times during this ordeal but was blocked by Mr. Marshall each time.
Upon the arrival of the state officer, there seemed to be some confusion as to whether or not a petitioning citation could be issued.
The officer contacted his superiors by phone and I was then forced to answer a very thorough series of questions befoire it was decided by the powers that be that no petitioning citation would be issued.
If they had apologized for their actions and gone about their business, I would not be posting this report today. What actually happened was an injustice I will never forget because Mr. Marshall instructed the officer to write a citation for not having a valid fare even though I was not in a fare zone. Austin Marshall is well aware of where the fare zones are and therefore falsely accused me of that infraction.
Outraged by this incident, I went to MTS's office the following Monday to discuss my grievance. I spoke with one of their supervisors and although I pointed out that the area is not signed and obviously not a fare zone, I was told that there was nothing they could do and it was suggested that the infraction was minor and I should just pay the fine and move on with my life. Being accused of what essentially amounts to theft is not minor to me.
Knowing that I was wronged, I went to court to fight the citation and what was done on the day is something that just boggles the mind. The area in question is not and has never been a fare zone and there are no fare signs posted there. Mr. Marshall presented the judge with a close up picture of one of their signs and claimed that it was clearly visible to me. Seeing as there are no fare signs posted in the area, he could only have taken his photograph elsewhere on the property therefore presenting the court with false evidence while lying under oath by claiming I was in a fare zone all for the purpose of duping a most honorable San Diegan judge into convicting me of a crime I did not commit. Knowingly giving a false statement while testifying in a criminal or civil court proceeding is perjury according to California law.
The claims made in this report are proven by the San Diego Superior Court record case Z551059.
San Diego Metropolitan Transit System Reviews
On August 15, 2020, at 8:30 pm, I went to Chocolate at 3896 Fifth Avenue, Hillcrest, San Diego, 92103. I had left at 913om to head home. I was waiting for the route 10 bus on the corner of Fifth and University.
At 9:17 pm, I entered the bus, # 1306. I sat in the front row of the bus, on the left. A white male, light colored pants, pushing an empty baby stroller, approached me that he was going to sit there.
I got up, apologized, and sat in the disabled seat behind the bus driver. The man said I was rude. He started calling me a sissy in a high pitched voice with his fingers pointed in my face. He looked like he was going to lunge at me. I asked the bus driver to call 911. As the driver called for assistance, the man asked to get off the bus. ( The bus had never moved from the stop). As the man left said "Fu**ing *aggot"
Only witness was a woman in a wheelchair, opposite of me. She wore a bright multi color outfit with a sombrero type hat. When the bus reached the end of the route, I asked the bus driver for his name or badge number. He said it was only his second week working for MTS and didn't want to get involved.
I got home and called police non emergency. At 9:59pm, I was told I would get a call back. I called a friend who was helping me calm down.
At 12:18am, August 17, 2020, I called back and was given event # e20080025218. I was told to call back during non busy times.
Of note, I am disabled due to PTSD, recurrent and diabetic nuerothopy. I had to take an extra tranquilizer . I reported the incident to my doctor.
The following day, Officer E. Rickert, badge # 7818 responded. He said that the man was exercising his freedom of speech and there was no crime.
This report is about my incident with MTS transit 'officer' Mr. Austin Marshall.
In April 2016, I found myself at the 12th & Imperial transit center petitioning the California state petitions directly between the clock tower and Imperial Ave. I was approached by Mr. Marshall and told in no uncertain terms that I was not allowed to petition there. Considering that it's a private property, and the fact that I was in it's main thoroughfare, I was well within my rights and continued with what I was doing. It was then that Mr. Marshall decided to deprive me of my liberty by placing me "under arrest" while we waited for a state officer to come and issue a citation for my 'illegal' petitioning. I would like to point out that I attempted to leave no less than three times during this ordeal but was blocked by Mr. Marshall each time.
Upon the arrival of the state officer, there seemed to be some confusion as to whether or not a petitioning citation could be issued.
The officer contacted his superiors by phone and I was then forced to answer a very thorough series of questions befoire it was decided by the powers that be that no petitioning citation would be issued.
If they had apologized for their actions and gone about their business, I would not be posting this report today. What actually happened was an injustice I will never forget because Mr. Marshall instructed the officer to write a citation for not having a valid fare even though I was not in a fare zone. Austin Marshall is well aware of where the fare zones are and therefore falsely accused me of that infraction.
Outraged by this incident, I went to MTS's office the following Monday to discuss my grievance. I spoke with one of their supervisors and although I pointed out that the area is not signed and obviously not a fare zone, I was told that there was nothing they could do and it was suggested that the infraction was minor and I should just pay the fine and move on with my life. Being accused of what essentially amounts to theft is not minor to me.
Knowing that I was wronged, I went to court to fight the citation and what was done on the day is something that just boggles the mind. The area in question is not and has never been a fare zone and there are no fare signs posted there. Mr. Marshall presented the judge with a close up picture of one of their signs and claimed that it was clearly visible to me. Seeing as there are no fare signs posted in the area, he could only have taken his photograph elsewhere on the property therefore presenting the court with false evidence while lying under oath by claiming I was in a fare zone all for the purpose of duping a most honorable San Diegan judge into convicting me of a crime I did not commit. Knowingly giving a false statement while testifying in a criminal or civil court proceeding is perjury according to California law.
The claims made in this report are proven by the San Diego Superior Court record case Z551059.