This is the full text of the document regarding a public hearing request for the city of santa clara code enforcement - it was written by santa clara police officer GABBY SEAGRAVE:
I work in the Community Policing / Nuisance Suppression Unit of the Santa Clara Police Department. One of my tasks in this assignment is to deal with neighborhood complaints between residents and problematic locations causing a nuisance to otherwise peaceful neighborhoods.
On June 25th, I received a call from Fred Olenak regarding an ongoing problem with a neighbor that feeds the ducks in the neighborhood. The resident, Mr. Lik Roper is constantly feeding ducks in the neighborhoods of Santa Clara. Currently, Roper is feeding ducks in a small compartment surrounding a city light standard. The following is a brief history of prior events, along with the details of the event that occurred on 7/23/07 at 1411 hours leading up to Admin Citation # 7468 being issued to Roper.
FACT: early on the morning of May 24th 2006, Mr. Fred Olenak attacked Mr. Lik Roper (to hear Mr. Olenak's admission of guilt, go to: or go to: )
History of Events:
1) On 4-11-06 - Officer Terrones responds to Lake Terrace Apartments at 3665 Benton Street on report of Roper throwing birdseed on the property without permission. Roper is admonished about feeding ducks on the property and informed he is trespassing. Officer Terrones believes that Roper will not stop feeding the ducks until he is served with a restraining order. Roper claims a resident (Tom Foley) from Lake Terrace Apartments assaults him on his property in Sunnyvale. Officer Terrones informs Clefstad that he should contact Sunnyvale DPS for that information. It is documented as event EV06-10024, however, no report is taken by DPS.
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WHAT ACTUALLY HAPPENED: First off; Mr. Roper was given case number 06-03997 for the 4-11-06, not EV06-10024 as stated in the report (go to: - Also; there were two officers who responded to the 4-11-06 911 call made by Mr. Roper. These officers then went to the Lake Terrace Apartments to further investigate the attack on Mr. Roper by Tom Foley, which was reported by Mr. Roper to the responding officers.
Mr Roper was then informed by the officers that the man in question (Tom Foley – see: SUPPRESSED EVIDENCE go to: in fact has a criminal record which the officers would not disclose.
INTERESTING FACT: neighbors who witnessed this particular attack were not contacted by the police despite Mr. Roper’s request for them to do so – these same neighbors who had lived in the same house for over 30 years, moved out the very next day to an unknown location!? –
The man in question (Tom Foley) continued to stalk and harass Mr. Roper at his place of residence for many weeks after this event, and threw duck food on Mr. Roper 's lawn which eventually caused the replacement of a large percentage Mr. Roper's lawn (this stalking, harassment and menacing was witnessed by others as well).
Officer Terrones came to the scene with prejudgement and a bad attitude towards Mr. Roper; a man who had just been attacked. But then; Officer Terrones is the same officer who responded to a call in which two people from Mr. Roper’s neighborhood came to Mr. Roper 's door at around 2 am one morning a few years back - NOTE: Officer Terrones chose to make no arrests.
(see: SUPPRESSED EVIDENCE @
One of the people who is seen in the photo at the front door of Mr. Roper 's house lives at the intersection of Lillick Drive and Thunderbird Avenue. This same individual raced by Mr. Roper 's house at high rates of speed (70-80 mph) almost every day for about a year after this initial event -- as witnessed by both Mr. Roper and others in the community -- and the Sunnyvale Police Department refused to respond despite repeated attempts to bring this situation to their attention.
Mr. Roper has also been repeatedly harassed by the sister and friends of one of the people seen in the IMG_0528.gif over the past year, and vandalism was also recently done to Mr. Roper 's vehicle; including boulders thrown through the back window of his vehicle (two days before receiving a rejection letter regarding his lawsuit against the City of Santa Clara and/or Officer Lopez) and his windshield shot at night by a gun recently as well. One of the Officers who responded mentioned that someone must be angry at Mr. Roper, could it be someone like Officer Lopez, or the aforementioned suspects?)
> Similarly; Mr. Roper was attacked by another neighbor named Mr. Struble back in 1998…
For months back in 1998, Mr. Roper sent email messages to the City of Sunnyvale complaining about the excess speeding in his neighborhood, and nothing was ever done about it, that is not until he received a message from the City of Sunnyvale (go to: Shortly after receiving this message, Mr. Roper almost got run over and then attacked by a neighbor named Mr. Struble who was one of the speeders Mr. Roper had complained about to the City of Sunnyvale.
Mr. Roper called the Sunnyvale Police (see 911 readout), and three officers responded to the scene. The officers on the scene spoke to Mrs. Struble, who claimed to know nothing of the event at the time. Mr. Struble corroborated the story of his attack, and Mr. Roper perhaps mistakenly instructed officers not to file charges against Mr. Struble. The officer assigned to Mr. Roper (then rookie officer Discher) took no police report (because of this misunderstanding, the Sunnyvale City Council has since passed a law mandating all police officers do a report no matter how small or seemingly insignificant the incident - Officer Terrones did not take a police report).
Sunnyvale neighborhood police officer Matt Beninger eventually ended up serving Mr. Roper with a temporary restraining order that if taken seriously would have prohibited Mr. Roper from standing in the same spot in the street where he was attacked by Mr. Struble!? In fact; Mr. Roper could not even be in his own house if he took this laughable temporary order seriously, and Officer Beninger had the gall to show up in court to 'protect' and/or represent Mr. Roper 's attacker Mr. Struble (who actually admitted to attempting to run over ducks on his deposition).
Mr. Beninger even seemed to be coaching the Struble's as witnesses as well. Mr. Roper repeatedly called the Sunnyvale Police Department after being attacked by his neighbor, and was rebuffed after asking them to file charges against Mr. Struble, as this man was acting increasingly hostile after the attack on Mr. Roper, who finally left a note on Mr. Strubles' doorstep, for which he wrongfully received a restraining order. After Mr. Roper received the order, he asked Officer Beninger about the original incident with Mr. Struble, and whether Officer Beninger even spoke to rookie Officer Discher, Officer Beninger then said in front of two witnesses: “who’s Officer Discher?”
IN RETROSPECT: 1) the Sunnyvale chief of police resigned from his postion shortly after the restraining order was issued to Mr. Roper; 2) accepting the restraining order was not an admission of guilt and did not go on Mr. Roper’s record (if not; Mr. Roper would not have accepted it); 3) the judge knew that something was wrong, but feeling intimidated by the questionable actions of Officer Beninger; Mr. Roper failed to speak up at the time; 3) Officer Matt Beninger no longer works for the Sunnyvale Police Department; and 4) Mr. Struble and his wife have since relocated – also; 5) the initial temporary restraining order received by Mr. Roper had no official stamp on the back; and 6) Mr. Struble admitted to trying to run over ducks in the neighborhood in his deposition (which ultimately contradicted his wife’s deposition enough to put the truth surrounding their two stories in question)
Note: this sequence of events occurred a few months after Mr. Roper worked with both the city of Sunnyvale and Santa Clara to have duck crossing signs installed in his neighborhood.
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2) On 5-15-06 - Officer Leipelt responds to Lake Terrace Apts. on report of Roper being embroiled in an argument with a resident (Peck aka Pecker) due to his feeding ducks again in the area. Roper has fled to his house in Sunnyvale, and officers contact him at home. As officers attempt to investigate, Roper returns to the scene to antagonize the other party and is ordered to leave by Officer Leipelt. Officer Leipelt is informed that Roper has been cautioned not to trespass at Lake Terrace Apartments and informs Roper of the order.
WHAT ACTUALLY HAPPENED: On the day of 5-15-06, Mr. Roper went to visit his best friend (who has since relocated) on Wood Duck Avenue, and after being out of his vehicle for a few seconds, an unknown person (Pecker) unexpectedly jumped out from behind Mr. Roper 's vehicle saying "go home", causing Mr. Roper to quickly jump back into his vehicle and flee the attack, just as his driver’s side door was kicked in by Pecker. (Mr. Roper never entered the Lake Terrace property in the process) Mr. Roper then returned to his residence and called 911.
Officer Leipelt responded with another officer, and viewed the damage on Mr. Roper 's right side driver's door. Officer Leipelt assessed that there was not enough evidence to prove this occurred. Both officers then went back to where the original incident occurred (by Mr. Roper’s request) with a photo of Pecker given to them by Mr. Roper.
The photo [go to: was from a previous unusual encounter with Peck a few months before, and because he had a readily available witness who lived at the corner of Wood Duck Avenue and Benton Streets, Mr. Roper then returned to the scene of the crime as well to bring this evidence and witness forward to these two officers.
Mr. Roper merely drove up to the scene and displayed no anger in doing so, just obvious newfound confusion when he unsuccessfully attempted to exit his vehicle due to the massive damage to his driver's side door - Mr. Roper was then waved on and told to leave the scene, ignoring the available witness. And while this may have been an unconscious act on the part of the officers, it still is in dereliction of duty and constitutes ignoring exculpatory evidence.
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3) On 6-14-06 – Nazi Santa Clara Police Officers Lopez and Fitting respond to speak with Roper. Upon their contact, they see Roper depositing feed and water under a tree in a yard in Santa Clara. This is in direct violation of Officer Lopez and my warnings the previous week. Roper was contacted and (note: illegally) detained by Officers Lopez and Fitting for SCMC 6.15.020(a).
During the contact, the suspect admitted to placing a sticker on a city owned light post, which is a violation of SCMC 18.80.030. He did not obey commands to remain at the scene and stay for the entire detention. Roper began to back into the street away from the officers, resisted handcuffing attempts, and was eventually arrested and transported to SCPD for booking on charges of obstructing and delaying officers (148 PC) and 6.15.020(a) Keeping or Feeding of ducks near a dwelling. (the ordinance actually reads as follows: 6.15.010 - KEEPING OF CERTAIN ANIMALS AND FOWL, not 6.15.020 - KEEPING OR FEEDING OF DUCKS NEAR A DWELLING - the ducks cannot be realistically 'kept' as stated, therfore this ordinance clearly does not apply)
When the police officer arrived in your neighborhood on the day in question, they observed you carrying a plastic container from your house into the yard at 3806 Dunford Way. He then observed you pouring feed under the tree at that residence. Following that observation, the officer contacted you and he reports that you began to shout at him that you were not breaking the law by feeding the ducks. As we stated previously, that, in fact, is not true as feeding and watering ducks is “keeping” them which is in violation of the Municipal Code.
Shortly thereafter, as the officers were attempting to issue you a citation for violation of the Municipal Code section, you attempted to leave the scene which is an interference with the officers doing their duty. You then refused officers instructions and physically attempted to break their hold on you which is another violation of the law. As a result of your continuing resistance and interference with the officers doing their lawful duty, necessary force was applied to gain control over you. Apparently, during that struggle, you were injured.
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WHAT ACTUALLY HAPPENED: Mr. Roper finished practicing his musical instrument as usual and went across the street to feed the ducks as he had done for the last 10 + years without incident; a) with official permission from ex-Santa Clara Mayor Judy Nadler, and b) right under a duck crossing sign he had installed through both the City of Sunnyvale and Santa Clara.
He then went outside and crossed the street in the crosswalk, and just then an unmarked car came up from behind Mr. Roper. Two men jumped out and flashed a piece of paper which they did not bother explaining, then almost immediately threw Mr. Roper down in the same crosswalk which he had just requested a sign to be installed (go to: WHAT CROSSWALK SIGN? blog post in evidence blog @
These overzealous officers ridiculously thought that a small side gate lock was a possible ‘weapon’, and even though Mr. Roper agreed to go with them after he snuffed out a candle which was burning in his house, the excessively unreasonable officers then threw Mr. Roper to the ground, and this excessive use of force caused injury to Mr. Roper(see: SUPRESSED EVIDENCE –
Then, about eight Santa Clara and Sunnyvale police officers suddenly showed up at the scene out of nowhere and helped in this Nazi-like abduction of Mr. Roper – Then, as Mr. Roper lay on the ground bleeding profusely, Mr. Lopez said in front of all the officers on the scene; "Do you want your daddy?!".
(NOTE: Mr. Roper had just received a letter from a property manager who managed property right next to the property where he had permission to drop feed, and just a few days before this, seed had in fact been dropped there by Mr. Roper right under a tree and just over the property line where he had permission to do so [due to competition for food from other mating duck pairs, it is best to leave food in two areas instead of one, as the ducks tend to put each other at risk and chase each other into the street otherwise while competing for one spot] - but after receiving the letter, he stopped leaving it under that particular tree. Officers Lopez and Fitting never even let Mr. Roper leave the sidewalk to see where in fact he was about to leave the food. The officers were at the scene to deliver a complaint from the Lake Terrace Apartments, but Mr. Roper was no longer leaving duck food at the Lake Terrace Apartments at the time, and in fact had permission to do so at the time across the street on private property.
Mr. Roper was being confronted by an officer who had shown obvious hatred towards him from the first minute they met at his front door, and after being attacked by several people with no arrests made (including an attack on Mr. Roper by Mr. Olenak which Mr. Lopez could have prevented) why should Mr. Roper be required to respect someone who obviously has no respect for him? Mr. Roper believes that the arrest was a way to quickly criminalize him to avoid any possible lawsuits against the City of Santa Clara (see below)
read this excerpt dated 10 jun 2006 from -
> 10 jun 2006 / UPDATE - since posting the above segments, i have been attacked by 3 separate people, and in a massive cover-up, both the sunnyvale and santa clara police departments have failed to arrest even one person!?! - luckily i have civil rights laws that protect me and i have 5 years to file a lawsuit, so this is the calm before the storm - i'm gonna take it easy this summer and wait until the political climate changes; i'll get to it later on down the line when we have a legitimate federal government in power, ect (NOTE: exactly 4 days after posting the UPDATE segment above, i was thrown to the ground, bloodied up and arrested).
> Similarly; a note left on Mr. Struble’s front porch regarding his attack on Mr. Roper made references to an ensuing lawsuit on the part of Mr. Roper - shortly after this; two Sunnyvale Police Officers came to Mr. Roper’s front door and said “There’s a skirmish down at city hall!” (which was witnessed by two people) The officers then gave Mr. Roper a temporary restraining order to quickly criminalize him and destroy his chances at winning his lawsuit against the city.
Mr. Roper sent emails to the Sunnyvale City Council as LIK ROPER for many months, and with no little or no response – then one day John almost got run over, and John then informed the city that they were being tested; as John was really LIK ROPER, the guy who had been emailing them for many months about speeding in his neighborhood!?! This not only caused a skirmish down at City Hall, but also a bogus restraining order to cover up the negligence on their part.
And as previously mentioned; this all came just a few months after Mr. Roper worked with both the City of Santa Clara and Sunnyvale to have duck crossing signs installed on his street.
Mr. Roper was then whisked off to the police station and held for approximately 45 minutes, with no rights read to him until just before his release. Mr. Lopez looked pale and troubled as he apologized to Mr. Roper before releasing him, and said he was "a nice guy" then let him go in front of an obviously perturbed commanding officer.