The Jail Cell Slammed Shut Tuesday Afternoon 5/25/04

It is clear after my prayer time this morning that I am in jail at this moment. The cell is closed and the key given to the jailer as far as the judge and prosecuting attorneys are concerned. My motion to ‘Correct the Complaint’ to include contributing damage done to me by GBRA which they knew about at the time of filing which led directly to my actions was denied by judge Folis. My Motion to ‘Permanently Set Aside the Information’ containing 5 factors including extraordinary damage done by delayed prosecution costing me in excess of $1.5 Million was also denied. This motion also included evidence that GBRA has a surviving motive of stopping my RV Park development on the subject land.

Judge Frank Folis of County Court at Law #2 has now limited the relevant evidence for trial to issues directly related to whether or not Ronald F. Avery broke a window at the office of GBRA. Any other evidence is now irrelevant.

 

Evidence will be limited to:

1.     Facts related to where I was at the time of the window damage.

2.     Police and sheriff reports etc.

Questions to the Jury to find will be limited to:

1.     Did Mr. Avery damage the window at the office of GBRA on the night in question?

 

I am looking at a conviction unless God intervenes as I have prayed for him to do as he has done in the past for the apostles. To avoid a conviction the jury must find that I did not break the window at GBRA in spite of the fact that I have admitted to it and called the sheriff on myself immediately upon doing so. But this is exactly what I am praying for that the jury find that I did not break the window. I need for the jury to find that GBRA broke their own window out by damaging my property to $13,000 and refusing to pay for it in arrogance and sovereign immunity they do not lawfully possess.

Can I presume that the judge will ask the jury if they found extenuating circumstances that lead them to believe that Mr. Avery should not be penalized to the full extent of the law?

It would be absolutely foolish for me to presume that the judge will ask the jury any other question, besides did he do it, in light of the fact that he has denied my motions to have a fair trial by correcting the misleading complaint and information prior to trial.

In light of the fact that I have sued the State (GBRA) in civil court for $6 million, the State (County Prosecutor) will seek the maximum one year in jail and $4,000 fine and payment for the $678 window against me. The judge has shown his willingness to assist in that unjust effort by denying both of my motions last Tuesday afternoon. He had an opportunity at that time to limit the power and ability of the state prosecutor and he chose to give them full power to prosecute to the fullest extent. Why then should I hope in a fair judge?

Further, GBRA is failing to recognize that they have defaulted and waived immunity in the civil suit by having their motion denied. They will be returning with a motion to have my new pleadings thrown out based upon the same material they filed before and lost. All immunity (lawful or not) is an affirmative defense and can be waived by not showing up to defend pleadings of same. If that had been me that missed the hearing do you think I would be allowed to bring up anything about sovereign or official immunity again? Courts simply are not fair anymore because no one does anything about all the abuse and injustice.

 

My purpose in writing is to ask you the following regarding sovereign immunity:

1.     Do you believe that the State of Texas and all its many agencies have lawful immunity from any invasion and damage they do to your property?

2.     If so, where did they derive that power?

3.     Did that power come from the people of Texas who delegated it to them?

4.     If so, what individual or group in Texas has power to invade and do any property damage to another?

5.     If the State of Texas is to protect the property of its citizens against other citizens how can it derive power and immunity to damage any of your property themselves?

6.     Therefore, do you really believe our representatives can vote themselves into sovereign immunity to damage our properties without recourse?

7.     Is that what democracy is?

8.     Don’t you think then that we should return to a republic in Texas?

 

The following Questions regard the window incident:

1.     The prosecutor said that Avery was open to the court for a redress of grievances and that instead he pursued revenge. Do you see the court open to Avery’s redress of grievances even now?

2.     Can Avery not sense this prior to a suit by the arrogance of the state growing out of unlawful sovereign immunity?

3.     Then was Avery’s act one of lawful defense when earthly recourse is not available, or revenge?

 

When a person has suffered property damage and there is no court open to him for his damages he has only an appeal to heaven. Therefore, that is where I am appealing and I now ask you to appeal to heaven with me on my behalf. An appeal to heaven with me benefits your own rights on earth which at one time were secure in America but are not now. We have reverted back to a state of feudalism under an oligarchy instead of a monarchy. The Lord is the state and they have all property, all power, all prerogatives and all immunity except for where they have waived it and purchased insurance to cover motor vehicles and ‘slip and falls’ in their halls.

In short the state of Texas cannot obtain Sovereignty over the people of Texas. The state of Texas is sovereign in relation to the federal government, other states in the union and other nations. But the people of Texas hold absolute sovereignty forever. Please help me maintain that truth for all mankind. This is explained on page one of the Texas Constitution Art. I Bill of Rights Sec. 1, 2, & 3.

Therefore, I ask you to join me, Ronald F. Avery, in my appeal in prayer to heaven that the keys to my present cell be given to an angel to open at will in the jury, in the court room, or in the jail itself, if necessary, to deliver me and return all other Texans to sovereignty over the state we created for our benefit.

Sincerely,

 

Ronald F. Avery