lstAmendment Criminal Complaint by Victim and Witness

against Timothy Rasmussen

Black's Law Dictionary 6
th
Ed. Defines "Criminal malversion" A broad category of corrupt official
practices.
Black's Law Dictionary 6th Ed. Defines "Dulocracy" A government where servants and slaves
have so much license and privilege that they domineer.
Oxford Dictionary defines "Domineer" Assert one's will over another in an arrogant way.
Merriam Webster Dictionary Defines "Domineer" To exercise arbitrary or overbearing control,
to tyrannize over.
Former Missouri Senator Carl Shurz in the mid 1800'spenned these historic words:
liMy country, right or wrong. If right, to be kept right; and if wrong, to be set right."
I, the undersigned, being one of the people of the posterity of the blessings of the Declaration of
Independence and this Country's founding documents, take very seriously and recognize the solemnity
of the filing of this criminal complaint. When persons like Timothy Rasmussen are elected to public
office, they are required to timely subscribe and properly file an Oath of Office according to the
mandates of state law and the state supreme court's interpretation of those laws. Rasmussen swore an
oath before God and the people he serves that he will uphold the Constitution and Laws of the United
States and the Constitution and Laws of the State of Washington and the Laws of Stevens County.
fll, Timothy D. Rasmussen, do solemnly swear and affirm that I am a Citizen of the United
States of America and the State of Washington; that I will support the Constitution and
Laws of the United States of America and the Constitution and Laws of the State of
Washington, and the laws of Stevens County, and will to the best of my judgment, skill,
and ability, faithfully, diligently and impartially perform and discharge the duties of the
office of Prosecuting Attorney in and for the County of Stevens, Washington, as such
duties are prescribed by law. "
In our country, the people are guaranteed a republican form of government flof the people, by
the people and for the people" (res publica). It is we the people of the posterity who are the responsible
party to hold the instruments of our creation - those we employ to serve us - accountable to the law.
Criminal Complaint against Timothy Rasmussen Page 1 of 3
When the people call upon their elected, appointed or otherwise employed servants to exercise
their duties of their office, we expect them to faithfully discharge those duties without claiming some
imagined discretionary authority. Failure to duly exercise a prescribed duty is official misconduct.
The living men and women bringing this criminal complaint pay either state and county sales
taxes or property taxes or both. The deprivation of rights (Iife['s energies} and property) through the
misuse of the people's property in the form of taxes and the illegal raid (theft) on the people's treasury
by persons having failed to "duly qualify" for office, deprives the people of their trust and their property
that was entrusted to their public servants only for proper use and benefit of the people.
Therefore, this complaint is submitted under a 1s
t
Amendment Right to redress of grievance as
interpreted in United States v. Hylton, 710 U.S. 1102 (1983) and Bill Johnson's Restaurants Inc., v. NLRB
461 U.S. 731, 108 S. Ct. 2161, 2161, 76 L. Ed. 277 (1983) "Moreover the supreme court has held expressly
that the first amendment right to petition protects the individual's right to file an action with a
"reasonable basis" in a state tribunal."
This Right is further supported by your former RCW 10.16.010, which was superseded - not
repealed in 1984 by court rule JCrR 2.02 which has now been replaced by CrRU 2.2 and CrR 2.2.These
court rules only superseded a portion of the former statute leaving the remaining portion intact and in
effect.
Malott v. Randell (1974) 11 Wash. App. 433, 523 P.2d 439 "When portions of a statute are
superseded by the rule, other portions of the some statute dealing with matters upon which the
comparable rule is silent are not overruled and remain in effect." See also attached copy of RCW
10.16.010 and code revisers comments.
Demand is also made for a hearing in which this victim and witness can give oral testimony and
present witnesses in support. CrR 2.2 (a) or other appropriate rule.
First Charge - RCW 9A.80.010 Official misconduct.
(1) A public servant is guilty of official misconduct it with intent ta obtain a benefit or
to deprive another person of a lawful right ar privilege: (b) He or she intentionally
refrains from performing a duty imposed upon him or her by law. (2) Official
misconduct is a gross misdemeanor.
Timothy Rasmussen, a person, occupying the office of STEVENS COUNTY PROSECUTOR, has
intentionally refrained from performing a duty imposed upon him by law. It is self authenticating that
Kendle Allen falsely personated a public officer (RCW RCW 42.20.030) when his own hand subscribed an
untimely "Oath of Office" (see copy attached) in the presence of, and acknowledged by, Tim Gray,
STEVENS COUNTY AUDITOR, on March 12, 2014, more than 3 years and 2 months after (RCW
42.12.010(6)) assuming the office of STEVENS COUNTY SHERIFF.
To date, Allen continues to criminally personate, represent and wilfully exercise the functions
and perform the duties of such officer, without having duly qualified therefore, as required by law and
Criminal Complaint against Timothy Rasmussen
Page 2 of 3
who, having been elected to serve as an executive officer has willfully exercised the functions of that
office after cessation of any right to do so. Rasmussen has now refused to charge and prosecute Allen
according to state law.
"No man in this country is so high that he is above the law. No officer of the law may set
that law at defiance with impunity. All the officers of the government, from the highest
to the lowest, are creatures of the law, and are bound to obey it. It is the only supreme
power in our system of government, and every man who by accepting office participates
in its functions is only the more strongly bound to submit to that supremacy, and to
observe the limitations which it imposes upon the exercise of the authority [and
requirements to exercise the duties] which it gives." United States v. Lee, 106 U.S.at
220, 1 S. Ct. at 261 (1882)
"Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn
officer of the law." In re McCowan (1917), 177 C. 93,170 P. 1100.
"Right to hold public office is subject to qualifications imposed by legislature." State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 148, 377 P.2d 421 cert. den. 83 S. Ct. 1698,
374 U.S. 808, 10 L. Ed. 1032.
"Vacancy occurs in office by operation of statute at time event takes place." State ex reI.
Austin v. Superior Court of Whatcom County (1940) 6 Wash.2d 61,106 P.2d 1077.
On February 24, 2014, in an open public meeting in the Stevens County Commissioner's office,
you stated: "In many ways my judgment functions as a grand jury. In the state of Washington, a grand
jury - the functions of a grand jury are vested in the prosecuting attorney. I have the power and the
responsibility, and I am the only one in this county who has that power vested in me by the election of
the people to bring a criminal charge against someone. 1/
Mr. Rasmussen is not a "grand jUry". Only 25 people have discretion among themselves to make
a determination if a presentment should be brought against a person or not. Rasmussen's Office is a
creature of the law and he is bound by the limitations and duties of that office. Discretion is not a
prerogative to the Office of STEVENS COUNTY PROSECUTOR or any other elective or appointive office.
For the foregoing reasons and according to state law, Timothy Rasmussen should and must be
further investigated and brought to trial to answer to the charge(s) brought against him.
By the attached Declarations, we the people on Stevens County, on the state of Washington, do
hereby formally submit this 1st Amendment Criminal Complaint against Timothy Rasmussen, a person,
believed to have committed the offense of Criminal Misconduct.
See attached Declarations for signatories.
III
III
Criminal Complaint against Timothy Rasmussen Page 3 of 3
DeclarationinSupportof1
st
AmendmentCriminalComplaintbyVictimandWitnessagainst
StevensCountyProsecutor,TimothyRasmussen.
I,theundersigned,Declarant,beingoflawfulage,qualifiedandcompetenttotestifytoandhaving
firsthand knowledge of the following facts do hereby swear or affirm that the following facts are
true,correctandnotmisleading:

1. That Declarant makes this Declaration in support of the 1

st
Amendment Criminal
ComplaintbyVictimandWitnessandtakesveryseriouslyandrecognizesthesolemnity
ofthisfiling.
2. Declarant states that Rasmussen was provided originals of the peoples Declarations
accompanied by a copy of Allens Oath of Office taken over 3 years late on March 12,
2014;DeclarantbelievesthiswassufficientevidencetosupporttheclaimthatAllenhas
failed to duly qualify for office according to the mandates of the state legislature in
RCW 42.20.030, which states: "without having duly qualified therefor, as required by
law".
3. Declarant states that Timothy Rasmussen refrained from performing a duty imposed
uponhimbylaw,namelythedutytofilecriminalchargesagainstKendleAllen.
4. Declarant states that Allens untimely subscribed Oath of Office is Allens sworn
confession that he acknowledged he was required to subscribe an Oath of Office and
thathefailedtodulyqualifytoholdofficeasofJanuary1,2011.
5. Declarant has been harmed by the actions of Kendle Allens usurpation ofthe office of
StevensCountySheriffbecauseDeclarantisataxpayer.
6. DeclarantstatesthatthedeprivationofDeclarantsrights(life[senergies]andproperty)
through the abuse/misuse of the peoples property in the form of taxes and the
unauthorized takings (theft) from the peoples treasury by Kendle Allen deprived
Declarant and all otherssimilarly situated of their trust, their life in the form of their
energiesthatcanneverberecoveredormadewholeandpropertythatwasentrusted
totheirpublicservantsonlyforproperuseandbenefitofDeclarantandothers.
7. Declaranthasreasontobelievethatadditionalviolationsofstatelawmaybebroughtto
lightuponfurtherinvestigationbyappropriatestateorfederalauthorities.

AdozenpeopleonStevensCounty
completedadeclarationsimilartothis.
AndfurtherDeclarantsayethnaught.

IdeclareunderpenaltyofperjuryunderthelawsoftheUnitedStatesofAmericathattheforegoing
istrueandcorrect.

Executedonthis____dayof__________________,2014.

PrintedName:_________________________Autograph:________________________
Declarant

Address:___________________________,_________________,Washington,Zip[__________
DeclarationinSupportof1
st
AmendmentCriminalComplaintagainstTimothyRasmussen Page1of1

Mycountry,rightorwrong.Ifright,tobekeptright;andifwrong,tobesetright.CarlShurz