THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA

Kay Kim,
Plaintiff, )
)
v. )
) Cause No. 1:08-cv-1644-SEB-DML
State of Indiana Attorney General, et al. )
Defendants. )

AFFIDAVIT OF CHARLES CHUANG

IN SUPPORT OF PLAINTIFF’S MOTION AND COMPLAINT
INCIDENT ON NOVEMBER 6, 2008.

1. I, Charles Chuang have personal knowledge of the matters contained in this affidavit.

2. Kay Kim is a non violent and law abiding person.

3. On November 6, 2008 at about 10am while I was walking my dogs I saw Rhonda Heath
parked her car at the first lot besides the trash bin far away from my building. She walked behind
the garages and went inside Linda's House. At about the same time I saw the Son of Susan
Sclipcea arriving in Linda's SUV. He then proceeded to Linda's house. When I was going into
my unit I saw Patricia Ladenthin going into Linda's House. They were having a meeting in the
house for a while. At about noon, the son of Susan Sclipcea was upstairs with his cellular phone.
Rhonda Heath was outside the building main door. She continuously pressed my buzzer, which
is clearly marked "#2 DO NO TRASPASS" several times. Linda Handlon's doorbell is marked
"L Handlon" in bold blue letters. Kay Kim went out to check who is at the main door. I stayed
at my door to see who is coming. Rhonda then abruptly pulled the door outward but Kay wanted
to close the door because she did not recognize the person at the door. Ronda then forced the
door open and claiming that she has the right to get in. He pushed Kay so that she can get inside
the door. Rhonda started to shout and call Kay crazy. Kay did not hit her because her hands
were on the door all the time. Then Linda and Patricia came out. Linda asked the person upstairs
for "camera". I did not know if anyone had video taped the entire incident. Linda started calling
Kay "psycho bitch" and tried to hit Kay with her fists many times but was suppressed by Rhonda
and Patricia. The Son of Susan Sclipcea (4250 #5) called James Waters and within minutes
Officer Gregory Wilkes arrived at the site. The officer who was dispatched by 911 was not there
at that time.

4. When the Kay Kim was getting into her house Officer Gregory Wilkes followed her and
repeatedly asked if she called 911. He also asked if Kay was on any medications. I answered
“no” twice to his questions. Officer Gregory Wilkes then forcefully pushed his foot inside my
door and his hand was on the doorknob. Kay asked him to get out of her property. He refused to
leave and claimed that he has a right to come into my apartment. While this was going on, Linda
Handlon (4250 #4) opened her door. Rhonda Heath and Patricia Ladenthin (4250 #3) were
standing next to her. In unison, the three of them alleged that Kay has hit Rhonda. At that instant
Officer Gregory Wilkes grasped Kay and lifted her out of the house. He then threw her down on
the floor. Kay suffered a severe concussion and appeared to have lost consciousness. Kay was
in pain but Officer Gregory Wilkes intentionally pressed his knee on her back to cause bodily
harm. He continued to handcuff her. Kay has never resisted arrest before and did not resist on
this occasion. Her face was numb for several days and is still suffering from the headache.

5. Officer Gregory Wilkes dragged Kay by the handcuffs to the outside the building.
Officer Gregory Wilkes claimed that the Kay was faking and could walk normally. He handed
her to another police officer. When asked by the other Officer Gregory Wilkes told him that the
wagon was already ordered at this point of time. Officer Gregory Wilkes came to my house
with the intention to arrest her without a proper probable cause or court warrant.

6. Officer Gregory Wilkes then went back to Linda's house to investigate. At the car park
the Son of Susan Sclipcea called Lt. James Waters on his cellular phone and Lt. James wanted to
talk to the police officer present. The officer later conveyed the James Waters messages to
Officer Gregory Wilkes. Patricia Ladenthin intentionally walked passed the Plaintiff on the way
to the trash bin. On her way back she "winked" to the policeman. Five other policemen arrived
and they "high five" each other for the arrest. When Officer Gregory Wilkes came out, he has
three empty sheets of Provable Cause Affidavit. He told me that the Kay Kim is arrested for (1)
Resisting arrest, (2) Assault and (3) Discharging bodily fluids. He stayed in his cab to complete
his records. I was with him at all times till he left the property. I did not see the EMT and
Rhonda Heath were still with Linda H. 4250 #4.

7. This is a case of conspiracy against Kay Kim. IMPD Officer Gregory Wilkes did not have
warrant or probable cause at the time he entered Kay Kim’s residence to arrest her. Officer
Gregory Wilkes used unnecessary force to arrest a petite handicapped Asian woman and
excessive and unwarranted force when he yanked her out of the house and threw her down on the
floor. As a result, Kay's face is still numbed when he was released from prison. Kay is still
suffering from severe headache and hurting from the joints on her hands.

I affirm under the penalty for perjury that the representations contained in this affidavit are true
to the best of my information and belief.

January 10, 2009

By Name : Charles Chuang
Address: 4250 Village Pkwy Cir E, Apt 2
Indianapolis, IN 46254
Phone# : (317) 522-5721