Thanks For Continuing to Read the Blog. The Newspaper has not done justice to this case at all. It reads more likea Version done with a bunch of Editting.
Court Case 07-047 &
May 2,2008r 10:15 am
DA O'boyle VS. Talford
Judge Robert Wing
1st- State Charge- Illegal Phone Use
Not leaving callers name
2nd- County Ordinance Disorderly Conduct
Intentionally provoking a disturbance
Going 3 blocks out of way to go by suspects home
DA Witnesses- Pierce County Deputy Michael J. Vodinelich 2734
Suspect of Assault Case & Elmwood Village Board Member Robert Rupakus
Court Attendance- Rick and Kris Talford, DA O'boyle, Deputy Vodinelich, Robert
Rupakus, DA Victim Services Pam Bellrichard, Pregnant Stenographer,
Court Clerk, DA Clerk, Pierce County Herald Reporter Jason Schulte
Prior to the Court starting - DA O'boyle offered both the Suspect and Victim a deal,
this deal would wipe out the charges against both individuals completely.
He stated that if both of us agreed, he would place us into a County
Restorative Justice Program and they would facilitate the issues between
us. There would be no costs to either of us for this program.
Robert Rupakus "I see no value in that, I did not instigate the incident"
DA O'boyle " I have already spoke to the head of the program over this, and again
added that this would drop all charges against both of us."
Rick Talford " I would have years ago, when I was requesting help through the DA
office for all the things that continued to happen. Now my family and
I have to move out of Elmwood and away from him anyways, I wont have
to deal with him anymore"
10:15 am - Judge Entered Courtroom
10:16 am - Judge called the cases vs. Talford and noted no council, as well as the DA present.
10:17 am - Judge Called for DA O'boyle, to call his first witness-
Note- Judge did not allow any "Opening Statements by either DA or Talford"
10:18 am - DA called Robert Rupakus to the stand-Robert then went to the Judges
Clerk and raised his right hand and the clerk asked Him to tell the
truth, the whole truth and nothing but the truth so help him god,
and he said "YES"
10:19 am- He then took his seat on the stand- stated his name, and spelled it.
Then stated Where he lived. 109 W Winter Ave., Elmwood
Questions marked with a (Q), and the answers are marked with (A)
Then stated Where he lived. 109 W Winter Ave., Elmwood
Questions marked with a (Q), and the answers are marked with (A)
Q- Where were you on that day?
A- I was at the Tiffany Tavern on or about noon, or 1 pm for a card tournament.
Dick Tiffany then answered a phone call, and that was about 1/2 hour or 45 min.
after I got there. About l:30pm
NOTE- false time of call- it was 2:30 pm
Dick then handed the phone to me, and there was no one on the other end.
Dick then said " It must have been Talford" recognizing his voice. He then said
the caller stated "tell Bob to go home to his family"
Q- Did you say Hello
A- yes, 2 or 3 times. I then dialed *69 and a number came up, that I did not recognize.
NOTE- He has called my number and has rec'd numerous calls from my home.
I then called the number and got an answering machine. I left a message to the
degree of "You have crossed a fine line bringing my family into things"
degree of "You have crossed a fine line bringing my family into things"
Q- Did you know that was there phone ?
A- yes, he said his name on the machine.
Q- So you have had contact with Talford as a Village Board Member?
A- Did
Q- Where did you leave then?
A- About 1 hour later, I went straight home. It is 2 blocks to get home.
NOTE- Rupakus lives 3 blocks from the bar, but his testimony was that he drove
up Wilson Ave. which would then make his trip 5 blocks traveled. He also
states That this was at 2:30 pm, 2 hrs before Incident by his timeline.
Q-When did you have contact with Talford?
A-I was home about 3:30 pm, I called my wife from the bar to watch for Talford.
I called Bill Stewart, and I was only home about 15 minutes, when I went outside
immediately Rick came from around my garage.
Note- Timeline is off, 3:30 home, 3:45 went outside- Incident was 4:20 pm
Closing the door, I heard Rick say " So you think I crossed the line"
I then told him " He needed to leave"
Q- Then what happened?
A- He then said " What are you gonna do, now that I crossed the line"
Q- Did you tell him to leave?
A- I got within 2 feet of him, and seen my kids were coming home from across the
road from The church hill.
Q- How far away where they now?
A- 15-20 feet away
Q- Did Talford see them?
A- Yes, He stepped between them and me.
Q- How far away where they then?
A- 10 feet -1 then pushed him in his head with my right arm, and knocked his hat off.
He Picked up his hat, and leaped back in front of me. I punched him with about 1/2
my strength To his face, and knocked his glasses off. I seen him bleeding and he
was back within 2" of me. I then punched him as hard as I could with my left arm.
Q- Where did this happen?
A- Next to my garage
Q- Did Rick swing at you?
A- His arms where moving
Q- Did he try to hit you?
A- NO
Q- Did he have any objects in his hands?
A- His glasses and his hat
Q- Did he make any physical contact with you?
A- NO
Q- You then spoke with the Deputy?
A- Yes
Q- You also wrote a statement for him?
A- Yes
Exhibit 1 - Robert Rupakus 1st written statement-- (saying that we had a argument and then I left)
.
Q- Did the Deputy ask you if you had hit Talford?
A- Yes
Q- Did the Deputy ask you if you had hit Talford?
A- Yes
Q- In you statement's Written and verbal, there is nothing in regards to you hitting Talford?
A- No
Q- You then had a 2nd interview?
A- Yes
Exhibit - 2 - Rupakus 2nd written statement - claiming threats to kids, as well as arms flailing about,
all on his property.
Q- Your attorney told you to speak with the Deputy again?
A- Yes
Q- You did not allow the Deputy to talk to your kids though?
A- No
Q- Why?
A- I was nervous. I had not been in a fight since school. I was worried and
I had not had any Contact with council with a lawyer and I wanted council first.
Q- Did the Deputy tell you he seen blood in the roadway, but none in your driveway?
A- The Deputy checked the area
Q- Did you see Talford bleeding?
A- I seen his nose bleeding
Q- After being hit, did Talford leave then?
A- Yes, about 5 seconds, he left running towards his home
Q- Have you had any prior run ins with Talford?
A- Yes, the most recent was with the Village Clerk and some gestures and a Restraining
Order this past summer.
Q- Has he come to your residence before?
A- Yes, and Rick is known to be a frequent walker
Q- Have you invited him before to come to your home?
A- No, or I do remember 1 time, I invited him to come over and look at some items
to See if they had any value.
Q- Any physical contact before?
A- No
Q- Was there any return call by Talford to the bar?
A- No
Q- Was there any call made to your wife or home?
A- No, but when I left the bar, I seen his boy across the street at the post office.
He then Followed me about 1/2 block and then went home and told his dad I went home
Q- That is your assumption, right?
A- Yes
DA - That is all I have for questioning-
Judge asked Talford if he had any question of the witness?
Talford said "NO"
DA 2nd Witness was Deputy Michael J. Vodinelich Deputy was sworn in and took the stand
Q- Did you have contact with Talford?
A- Yes, at his home. He called into the Sheriff Dept. and stated he was assaulted
by a Village Board Member.
NOTE- Kris called 911. I did not call the assault in.
Q- Did you see marks on Talford?
A- Yes, he had cuts on his nose, cheek, and lip
Q- Did you discuss what happened?
A- Yes
Q- Did the bar come up?
A- yes, Talford said he called the bar, he said he wanted to call the bar and
tell Rupakus To get his ass home to his family
Q- Did he speak with Rupakus?
A- no, he stated he spoke with the bartender
Q- Did Talford say he told the bartender who he was?
A- I do not recall him stating who he was
Q- Did Talford tell you where the incident happened?
A- Yes, the injuries happened in the roadway, in front of Rupakus home, when
Talford was Walking past his house, Talford stated that Rupakus said
"come over here to me"
NOTE- Incorrect-I said Rupakus pointed to the ground behind his van, and
stated for me "Why don't you step over here" Talford then said that Rupakus came to him in the
roadway where he was standing and Assaulted him.
Q- How far away from the garage from the roadway?
A- 15-20 feet
Q- How far away from the garage from the roadway?
A- 15-20 feet
Q- How far to the Roadway?
A- about 12 feet
Q- Did you see blood?
A- Yes, on the roadway, but not in the driveway
Q- Did Talford deny being by the garage?
A- Yes, he said he never left the roadway
Q- Did you go back to Talford after speaking to Rupakus?
A- No
Q- Did you have any other communications with Talford then?
A- A couple of days later. I got to remember why. I was sent to a roll over accident
NOTE- Deputy spoke with me at 9:30 that same night, and the next day as well.
Q- Did you ever go back to speak to Talford?
A- No
Q- After getting the 2nd round of information from Rupakus, did you speak to
Talford again?
A- No
Exhibit # 3 Deputy Vodinelich created a Map of the locations in question.
1- Talford home 2-Rupakus home 3-Daddy Day Care 4-Cenex\
Q- Why did you make this?
A- To help show the route that Talford would take
Q- You did this after the 2nd interview with Rupakus?
A- Yes
Q- Where was Talford going?
A- Daddy Day Care and Cenex for a soda
Q- Map labeled by color, right?
A- Yes
Q- This map is incorrect as far as where the Talford home is, right?
A- no, it is on May Ave., isn't it?
Q- Talford lives on Shaw Ave., doesn't he?
A- Oh, I guess
Q- Did Talford say why he went past the Rupakus house?
A- Yes, he went that route normally and commonly with his wife
Q- Is there a different route that he could take?
A- He said he did not take the call as a threat, so he did not think twice
about going that way.
Exhibit 4 Talford Statement
Q- Was there blood in the driveway or on Rupakus property?
A- I could not prove that. He was shoveling the driveway, when I arrived.
DA- no further questions
Cross questions by Talford- Yes, Your Honor-
Q- Do you recall a phone call with me after I returned home from the ER, around 9 pm
Or so, I called dispatch to make contact with you?
A- vaguely
Q- Your map is off by a block for where my home is, correct? It is on Shaw, not May
A- yes
Q- Do you recall how many houses there are on the South side of Shaw Ave.?
Our home Is the 2nd home from Public Ave.
A- I do not recall how many houses there are on the street
I noted to the Judge that Our home is closer to Public, (only 110 feet) then it
is to Clark (3 houses from the stop sign).
Judge Wing said- "We understand that the map is not correct"
No further questions then your honor
Judge Wing then asked "Would you like to testify then Mr. Talford"
Talford response was "Yes"
I was then sworn in and took the stand-While at Daddy Day Care, doing snowplowing,
Robert Rupakus came driving by, staring at me as usual. I continued to plow snow
and when I finished, I went to the Cenex for a soda, and then headed up main street
towards my home. I seen the Rupakus car in front of the bar, (this is an uncommon
car in the village) so when I got home, I called the bar and spoke with the bartender.
I asked him if Bob Rupakus was there, and he replied yes. I then told him to give Bob
a message for me, to go home and spend time with his family, instead of sitting in
the bar. I then hung up the phone, and proceeded to listen to my voice messages.
The phone rang, while I was listening to messages, so I did not answer it, but
instead, when I got to the most recent message left, I heard Bob Rupakus on it,
(I could recognize his voice) stating that I had crossed a fine line with him.
He then hung up. It could have been perceived as a threat, but I took it as normal
Bob mouth. I then explained my call to the bar, and his response to my wife. I
then left to go snowplow for a 2nd resident in the village. About 1 1/2 hours later,
I returned home, and was told by my wife, that Daddy Day Care had called the house.
I figured that was to pay me for the services. I decided that I would walk down to
his place and to Cenex to get another soda. I only made it 2 blocks, when I was in
front of the Church, that is across the alley from the Rupakus home, I looked out
at the snow hill, and seen 2 kids walking. I then seen 2 more kids sitting on a snow
hill across the road from the Rupakus home. I thought nothing of them, and continued
to walk. I then got in front of his place, and I seen Bob coming from his house down
the sidewalk towards the street, As he got beside his car and van, he pointed to the
ground behind his van, and stated "Why don't you step over here?" He continued to
walk towards me as he stated that. I stopped where I was, in the street. I felt that
he was trying to intimidate me. He came right up to me, as close as he could without
touching me, and without a word being said, he struck me with his right fist in the
side of my head, striking my ear, and knocking my hat off. I leaned over and picked
up my hat, and as I faced him again, he took a 2nd swing at me with his right fist,
striking me in the nose, forcing my glasses to cut my nose, as they fell off. I
leaned over and picked my glasses up, and as I was standing back up, I stated to
him "What the hell is wrong with you?" Now I was standing there with my glasses in
one hand, and my hat in the other.
Just as I finished stating that, he hit me a 3rd time with a fist in the nose a
2nd time. Now I was bleeding heavily from my nose, I turned and started walking
home. When I got home, I called for my wife from the front door, and asked her
to bring me a rag. She then came to the door, and seen me. She asked me what
happened, and then she called 911 and reported the assault.
NOTE-
The Deputy stated that I called the incident in, but it was my wife that called 911.
The Deputy arrived at 5:23 pm, just about an hour after the 911 call. The EMT and
Deputy was dispatched at 4:30 pm for the call. The EMT stayed with me until the
Deputies arrived. The EMT had called the ER and they wanted me to come in, and I
denied any transport by the Ambulance. I then spoke to the Deputies and when they
went to speak to Rupakus, I went into the ER. Upon returning home, I called the
Deputy to find out if they had arrested him for assault, or gave him a breath test,
or if they spoke with the witnesses that where out there. I did not know who they
where, but knew there was 4 kids outside across the road. His answers were no to all
the questions, and he stated that they where called away for an accident.
Judge Wing then stated that I have explained the incident pretty much,
so I did not need to go on any further. He asked me if I told the bartender my name, when I called the bar, and I replied, "No, I believed that he knew who I was"
The Judge then told me to go ahead and step down.
Judge Wing-I find you guilty of making the phone call, and not leaving your name.
"You do not have the right of free speech to annoy someone"
On the Disorderly Conduct, "I see no evidence to say that Talford did any of that"
The DA Clerk left the courtroom just that quickly.
Judge Wing then stated "Rupakus impeached himself with his testimony"
Judge Wing then stated that the fine for the phone call is $249.00 with in 60 days,
or 5 days in jail. He said "That is all, Thank You" and left
Note-1 spoke to DA after and he stated to not worry about $20 fee for Discovery
Documents and told me to get a hold of Pam to set up an appointment to speak with
him, over the Trial for Rupakus coming up on the 14th. The DA then told me that he
felt I was a very smart guy, but what I have been doing has not come across the
right way with some people. I then explained that I would never understand the
small town politics, and he said, no one ever will, and that is a problem everywhere.
Robert Rupakus Lies
12-2-07 Intentionally Lied to the Investigating Deputies in a written statement,
and Verbally while questioned. (He claimed he did not want to go to jail)
12-5-07 Rupakus called the Deputy and asked for a 2nd interview, and sent an Email
to the Deputy that again, Lied about the situation. This statement was
also used to get a Restraining Order. Verbal and Written statements = Lies
12-12-07 Verbally Lied to Deputy in face to face interview at the Sheriff Dept.
Stated he was advised to tell a different story by his Attorney, who
gave him the information from the DA. This was to get charges against
the victim of the assault.
12-17-07 During the Restraining Order and While Under Oath, Rupakus verbally Lied
to the Court Commissioner to get the order in place. (Perjury Committed)
5-2-08 During the Trial vs Talford for Illegal phone use, and disorderly conduct
Rupakus again, Verbally Lied while Under Oath a second time, now with the
Court Judge. (perjury a 2nd time)
NOTE- Deputy and Village President Bill Stewart was called by Rupakus the day of the
incident and told about what had happened. He then advised Rupakus that he was guilty
of Felony Bodily Harm and Obstruction and he could go to jail as well. Bill helped
Rupakus cover this up, by telling him to get a hold of the Village Attorney. His
responsibility should have been to notify the Sheriff of the Information at the minimum.
