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Narrative Report of Officer Kenneth Schafer Compiled from this police report
On 03-15-2021, I was dispatched to a civil standby at [redacted] Upon arrival, I was met by Rhett Kalat. At the time of that call, the house was red tagged for unregistered rental. Kalat advised approximately 15 months ago he bought [redacted] through an auction. Kalat advised he spoke with the current resident, Robert Bain and explained to him that he had bought the house. In the time since, Bain has refused to vacate the property. Kalat advised he spoke with Code Compliance and the house was tagged for unregistered rental. Kalat wanted Bain to leave the home so he could begin working on it.
Bain advised he received a notice from the bank that the home had been foreclosed. Bain spoke with an attorney who told him that a mistake had been made and he did not need to leave his home. Bain advised he spoke with Kalat and told him he wished to reclaim the home and he and Kalat attempted to work things out. Bain stated Kalat was unwilling to work with him and demanded he leave the home.
On 03-15-2021, I contacted Amy Castillo from Code Compliance and asked her of the situation. Castillo advised that both parties stories sounded plausible, but because it was red tagged for unregistered rental, the only person with permission to access the home was the owner. Castillo advised she believed Kalat was the person that was able to prove ownership. I checked in the City Assessor site and found Kalat to be listed as the owner. I explained the situation to both Kalat and Bain. Bain agreed to leave the property, but asked that he be given time to gather belongings and find a place for his cat to stay. Kalat agreed to give him that time.
Several hours later Kalat again called stating Bain had not left. I returned to the home and spoke with Bain. I called Jerry Norris as I have a working relationship with him and know him to be able to help in situations where someone is looking for housing. Norris assisted in finding a place for Bain to stay for the night and Bain left with a friend. Kalat was told that Bain would be leaving the property. Kalat advised he would be changing the locks and moving Bain's belongings from the home. I conferred with Sgt. Vanbeek who stated Kalat was able to do so as he owns the house. Kalat offered to pay for storage and a UHALL for Bain to store his belongings. Kalat also stated he has personally offered to pay rent for Bain to live elsewhere and Bain refused. I called Bain and advised him of the situation. I told Bain Kalat was willing to pay for storage for his belongings. Bain was upset by this and stated he did not want Kalat touching his belongings. I explained to Bain that it was a civil matter.
On 03-23-2021, I responded to [redacted] and again spoke with Bain. Bain was upset as property was being moved from a garage on the property of [redacted] . Myself and Officer McNutt explained to Bain it was a civil issue. Bain asked for a supervisor, so I requested Sgt. Sorg respond to the scene. Sgt. Sorg agreed that the matter was civil and needed to be handled in court. Bain also advised City Attorney demanded the red tag be removed from the home and it was.
While on scene at this time, I walked to the garage and encounter two men working inside that work with Kalat. Kalat was on the phone with one of them and I was able to speak with him. Kalat advised another person used the garage to store items and agreed to let Kalat sell the items.
Later on 03-23-2021, I was called by Kalat. Kalat asked if the tag had been taken from the home and I explained that it had. Kalat expressed concern over exposed wiring in the house and asked if the home could be tagged for that. I asked for Code Compliance to respond to the house. I did not return to the scene; however, the house was tagged for unsafe living conditions.
On 03-26-2021, I was again called to [redacted]. Dispatch advised Bain had spoken with Lt. Osborn. I called Lt. Osborn and he explained that he has been working with City Attorney regarding the matter. Lt. Osborn stated we will not be taking enforcement at this time; however, he requested officers write reports for missing/potentially stolen property. I responded to [redacted] and found a cleaning crew working in the garage. I advised them of the situation and left. I called Kalat and advised him of the situation as well.
Later on 03-26-2021, I was again called to [redacted] Bain and Kalat were on scene at this time. Kalat was in the garage with the cleaning crew and Bain was standing in the alleyway. I spoke with Bain who advised he does not consent to items being taken from the garage. Bain explained property in the garage belonged either to him, or his friend Wally who keeps art and art supplies in the garage. Bain also stated there were items inside the house that he would like to retrieve.
I spoke with Kalat and advised him of the situation. Kalat provided me with a key and told me I could retrieve Bain's items, but he wanted Bain to stay out of the house. I went inside and spoke with Bain through a window in order to help me find the items. Bain expressed frustration when he saw many of his items inside had been placed in boxes. I retrieved multiple paintings, pictures, shirts, a cat bed, two bottles of liquor and two plastic storage containers full of items that Bain wished to have from inside. These items were turned over to Bain. Bain notice two large shelving units outside of the garage. Bain stated they were his and he was going to move them into a neighbor's garage. Kalat had no objections to this and allowed him to do so. Bain then left the scene.
TAKEN ITEMS: Bain stated there were many items belonging to either he or Wally inside the garage that he believes are now gone. They are as follows:
Bain was unable to give a more detailed description of the items without going into the garage and did not go into the garage while I was on scene. Bain stated he has several pictures of the items in the garage and stated he would email me the pictures. At the time of this report he has not emailed me. When he does, I will add the pictures to the report. Bain stated he advised Wally to file a police report. It is unknown if Wally has contacted police or not at this time.
Case closed - Civil |