Trifflin ass day yesta-DAY!!!!!!!

Ok I don't even know where to begin with the freakin fisaco yesterday. So I'mma start with the cream of the crop.........well I guess it depends on if it floats..... One of my teachers yesterday called me on my extenstion and told me I needed to get to her classroom ASAP. I knew something was wrong when she called me by my first name.

so I dashed upstairs and I smell this nasty order and she is on the outside of her door holding it close. She informs me that someone took a dump and peed on her seat. i didn't believe so I had to see it for myself. YEP sure enough someone did do the nasty deed. Also that day a teacher and student almost came to blows because the male student went into the teacher's classroom and proceed to try to choke a female student out oh and did I mention it was his girlfriend.....Ike and Tina......Ike and Tina.....

So today the teacher in question who was left the crap in the seat came into today and quite frankly I was surprised. I told her yesterday I would understand if she called off and she sure was thinkin about. Yet she took the high road and wrote a letter to students in her class letting them know that she is here to stay and there is nothing they can do about. I of course told her that she handled it with class, but I'm pretty sure I would have pulled out a can of whoop ass.

Update on school. I have a science test on May 7, so pray for me and then of course I finally was able to do my paper for my communication class and as we speak my dad is proofreading for me. It really helps when you parents and relatives who happen to be geniuses.

I just came back into the house after chillin out in the back yard for an hour. The weather is just simply amazing and it couldn't be any better. well I hope you are enjoying yourselves. I'm about to log on to Second Life and kick it at the Junkyard Blues Club. Peace Out

what a weekend

Well this weekend was something of a dream good and bad. Good because I was able to have the weekend off from my part time job. Bad because I had to prepare for a funeral Sunday evening and the burial Monday morning. On Saturday I went to work for a morning meeting and was out by 10am. Afterwards I went home and helped my mom get our house ready for family that was coming in from out of town for the funeral. Pretty much I was home all of Saturday without a damn thang to show for it. yippeee.

Now on Sunday by this time, the family had arrived and the funeral was held around 5pm and service was concluded by 7pm. I left with my mom and relatives and when I got back home I changed clothes and a friend of mine invited me over to his place for dinner. So once I got over there, I enjoyed some baked chicken, mixed vegetables, and mac & cheese.

Afterwards he gave me a tour of his new home which was beautiful. We ended up chillin out on his couch in the family room area watching different cop shows. i nodded off a few times but around 11:30pm we parted ways and I went back home to catch some zzzzzzzz's.

Then this morning (monday), my mother, father, and I got dressed and met up at the funeral home along with other close family members to take the body of my uncle to his final resting place. Of course nothing ever goes off without a problem, which was the case this morning. One of my cousins decided to act dumb, so my dad had to chin check her severly. After that we went on to Jefferson Barracks to take my Uncle willie's body home....

After the service some family came back to the house and my mother whipped up some serious cooking. Baked and Fried chicken, green beans, rolls, and some homemade mac and cheese. I left the house around 4pm to run errands and deal with school (umsl) business. I'm at home now and just finished up one assignment for one class. So tomorrow I go back to work, back on the hunt to meet deadlines and back to the crazy insantiy which is......my life.

Make it an Italian and Salsa night!!!

Well yesterday I had work as usual but later on that evening I was meeting up with co-workers from my part time meeting at a Restuarant called Bar Italia in the Central West End. I picked up Danielle from her house because she only lives 5 minutes away and we found some parking and did you know I am starting to get the hang of the parallel parking thang? Good for me. So we had to park on Euclid because the street was just packed with cars and there was any way to find a closer parking spot. So we finally make it to the resturant and we are greeted by our GM and some other coworkers from other stores. I also noticed that a former RK alum whom I didn't care for in high school happen to be a bartender. So by the time our full party was assembled there were around 20 of us and we ended up eating upstairs.

We had a grand ole time talking about work, personal life and of course the reason that we were there to begin with. Our District wants to make our Pride pack offical so we were talking about the different positions that we available as well as our intentions for participating in the Pride Fest coming up this Summer. So with the food, drink, and ambiance we had one hell of a time. Of course ya girl had a few drinks and I was so lit I was looking at cars going by left and right and my co-workers were laughing their ass off at me. Not to mention my someone asked me a question and I made the mistake of saying I was the princpal and then it tooke me forever to realize I had made a mistake and tried to correct myself. So my co-workers told me that I gave myself a self-promotion and I just nodded my head in agreement.

After the food we went downstairs into an adjoining room and they had salsa night going on and this couple was just getting DOWN. I was like damn I really need to get back in shape so I can learn how to dance like that. So we ended up dancing and having a great time and didn't leave until 11:15pm. I dropped Danielle off at home and made my way to my bed and let me tell you something that liquor had me so knocked off my feet that I didn't get up until 6:30am good thing to because I had around 40 minutes to get ready and be there.

Then by the time I get to work today. I'm still a bit out of it and had to put my head down on my desk. Oh well it's about 12:45pm and I must say I'm feeling MUCH better now:) LOLOLOLOL

a 2 piece punch I wasn't expectin

Well this past Tuesday and today have dealt me some serious blows. One of my elderly cousins on my mother's side died yesterday from a massive heart attack. What scary is that while I was at work I clutched my chest because of some chest pains and I thought to myself that something was wrong and just not with myself. So I kept thinkin about it until I got home and was taking a nap. My younger sister calls me and lets me know the bad news. I feel so sorry for my cousin Jean (his wife) because she just lost her older son a few years ago and now has to deal with this.

Then today I had work as usual and when I got home my mom informed me that another cousin (again on my mom's side) who was in his early 30's and lived in Chicago had finally passed away from his battle from Leukemia. So I went to my room and sat on my bed and just thought damn. Normally when people I die, it happens in 3's. So all I day long I'm thinkin damn I just lost 2 family members within 48 hours. I pray to god for once that I'm wrong and nothing worse happens in the next 24.

So now it's so weird that funeral arrangements are being made in different states. I know definitely I will be attending the funeral for my cousin who lives here, but I'm not sure as well as with my family if we will be able to make the one in Chicago. I always wondering how Tony was doing and the rest of my Chicago family but I hadn't been there since my grandparents passed away back in 1994. I just didn't have a desire to go there anymore. Now with these events having passed I really wish I had.

Quick Post: Earthquakes

What in the world is up with these quakes. Around midnight I just felt one and it was a mild tremor but again it was STILL part of an earthquake. Of course the news made it headlines on the few that hit on Friday that morning and also probably that afternoon. Yet while I was watching a movie (30 days of night) and also trying to do homework. I could feel the tremor and thought here we go again. Hopefully this won't become normal. Yet with also this crazy ass weather, now and days i don't put anything off.

A day of rememberence, dancing, and of course working;)

On Saturday I had a very intersting day. That morning around 11am I along with some other fellow part co-workers volunteered our services at a Martin Luther King Rally called THE DREAM KEEPERS FAIR that was being held on Saint Louis University campus. It was gathering to promote strength and togetherness among different cultures. It was a pretty nice gathering for this being a first time event. There were different vendors that provided food. Mainly The Pasta House and another place called Mi-Hungry. All of my co-workers could smell the excellent bar-bq from Mi-Hungry so we decided to get our grub on over there. Here is some info on the restuarant if you want to check it for yourselves.


Mi Hungry
2812 N. Grand Ave.
St. Louis, MO
63107
314-535-3368

http://mihungry.tripod.com/id2.html
Cuisine(s): Bar & Grill, Barbecue, Jamaican
Hours: 10-1:30 a.m. Mon.-Sat., 10-12 a.m. Sun.
Price: $
Serving: Lunch, Dinner
Alcohol: Full bar
Reservations: Accepted
Parking: Lot Available, Meters, Street
Attire: Casual
Features: Takeout, Delivery, Catering, Wheelchair Accessible, Smoking


Before we could eat though we did go over to the main stage so we could hear the presentation and observe a moment of silence. Let me tell you something, that food was off the chain. They had a pit that was so damn big to do their meat in I couldn't believe it and took pictures of them and sent them to my flickr account. they were kind enough to make me a plate without bar-bq sauce because I can't STAND bar-bq sauce, so after we were done eating, we participated in activites with the kids that happen to be high schoolers and we just had a blast. The music was simply off the chain and honey I was shakin it like I had some salt and pepper in my step. Name of the fine ass head player was Lamar Harris, it was his group that was jammin and baby he is FINE!!!!!

We did different games and we eventually did a Soul Train line and honey I have not danced the way I did this past Saturday in 10 years. We had a great time and hopefully we will be able to volunteer again next year. Afterwards we went the Delmar Loop to get some ice cream. Then back to work for some of us (including myself), in which I did not get off of work until 10:30pm. Yet that was okay because i closed a $6500.00 sale in appliances. So when you think of it I was on my ass for my second gig from 10am to 10:30pm.

hooked up with a friend afterwards and saw Forbidden Kingdom AGAIN and yep it's still awsome.

Below is some info on the event.

SLU, Harris-Stowe Student Leaders Plan Fair Honoring MLK Saturday

Event Details: 11:00 a.m. - 5:00 p.m., April 19, Compton Avenue

Student leaders from Saint Louis University and Harris-Stowe State University will host a fair honoring the memory of Dr. Martin Luther King Jr. this weekend.

The Dream Keepers' Fair will be held 11 a.m.-5 p.m. Saturday, April 19, along Compton Avenue between the two universities. For the event, Compton will be closed from the eastern entry of the SLU garage to Laclede Street, providing access to the garage and the delivery area of Chaifetz Arena.

Part of the street will be closed for the day, but there will be access to the University's Olive garage as well as to Harris-Stowe.

Centered around the 40th anniversary of King's assassination, the fair officially begins at noon with a two-minute moment of silence.

Following the tribute, attendees will have the opportunity to enjoy a variety of festivities, which are listed below.

The student governments of Harris-Stowe and SLU formed the Dream Keepers Partnership last April to raise $10,000 for the Dr. Martin Luther King Jr. National Memorial Project in Washington D.C.

Since then, student governments from every college and university in the St. Louis metropolitan area, as well as a couple of young professional associations, have joined the effort. Collectively, they call themselves the St. Louis Dream Keepers.

Their work has drawn much attention. The St. Louis Board of Aldermen, Missouri State House of Representatives and the U.S. Congress have passed resolutions endorsing Saturday's event.

The students' efforts got an additional boost earlier this week as the St. Louis Cardinals agreed to participate in Saturday's moment of silence before their game against San Francisco. They announced their support during a press conference Wednesday. Former Missouri Gov. Bob Holden and SLU student government president Andrew Clifton spoke at the event.

whole lot of shakin going on

Well this past Friday if you were in the midwest, you might have felt the Earthquake tremors that hit around 4:30 am that morning. When I first felt the shaking I thought it was just my imagination, but when I felt the second one a few minutes laters, then I knew i wasn't dreaming. The walls were shaking, my bed was bouncing, and I was holding on to my covers for dear life.

Then when was at school, my principal opened up his door and came outside with someone else and he asked if I felt a tremor. I told him no but apparently other people in the building did and they were rushing into the office to confirm it. Yet this was around 12pm.

After school since it was raining all day I went home to take a nap but I had plans to meet up with my boy Trenton and his fiance and go to the movies to go see FORBIDDEN KINGDOM. Yet we decided not to meet up until 7:45pm . So I ran a few errands and finally met up with at the West olive AMC theater. Overall this moving was off chain. Excellent story line and of course the fighting was just amazing. Jet Li and Jackie Chann gave a kick-ass performance.

Afterwards we both went our seperate ways and I went home and relaxed.

SHADY COPS R US

Today I was talking with some coworkers and they were relaying to me a story about a St. Louis County cop that had pulled over a lady because something had flown out of her window. Then they proceeded to tell me about his record and how notoroious he was known throughout not only Missouri but possibly even some other states. They told me he is so shady that other police departments don't want to have anything to do with him. Damn that is not the reputation I would want to have.

Story 1:

FOX Files: St. Louis Gypsy Cops
Last Edited: Monday, 12 Nov 2007, 11:48 PM CST
Created: Monday, 12 Nov 2007, 6:33 PM CST
Gypsy Cops

-->By: Chris Hayes
(KTVI-myFOXstl.com) --
Officer Michael Waisner was hired this summer by Warson Woods police, despite being run out of Webster Groves after reports of affairs with teenaged girls. In administrative procedure, the Missouri Department of Public Safety -- or DPS -- found Waisner kissed a 16-year old girl while off duty and kissed an 18-year old in his squad car. He asked the older girl to be his 'tarpot,' someone who gives "sexual favors to Police Officers."
Chris Hayes asked, "How do you respond to DPS calling your actions in Webster Groves gross misconduct? Do you have any response? [Officer Waisner] No I don't have any response."
Officer Waisner is a classic case of what some call “gypsy cops”. He was fired from Webster Groves, but was able to find work in Pine Lawn and now Warson Woods, an upscale community between Rock Hill and Kirkwood.
In another case, Wellston Resident, Theresa Hubbard, was assaulted by an officer who's hopped around -- Avron Riggins.
"How can they hire somebody like that?" She told us, "and then when it happens to you, you're like okay, hopefully I'm on TV and this is part of a TV show because this can not be real."
Hubbard says she was with several relatives on the front porch when Officer Riggins, who was with Kinloch police at the time, threatened them with his gun and shot at their dog.
Hubbard said, "We all thought she was hit."
It was Riggins second assault conviction as an officer, according to court records. He even lost his police license-- but we found him working for Uplands Park as a Corrections Officer. He refused to comment and his superiors seemed surprised.
Another officer told us, "I haven't checked that information. [Chris Hayes followed up] Has anybody checked it? [The officer responded] You're asking the wrong person."
Uplands Park Trustee Charles Gamble said it's a problem he's been trying to get the Department to deal with for a while.
Gamble told us, "We hadn't screened these people." He continued, "You wonder about anybody if he keeps changing jobs to the next because the salary I think is pretty consistent. I think most of them only pay ten dollars an hour."
We even found a police Chief with a questionable past. Ricky Collins has switched jobs -- from Beverly Hills, to Pine Lawn, to Wellston and back to Pine Lawn. Collins is currently on probation with the State of Missouri. An administrative court document shows DPS's finding of fact -- that he committed "non consensual sex" in 1985. It didn't stop his promotion to chief.
Chris Hayes asked, "How can you discipline one of your officers if you have a record? [Chief Collins] Well having a record and having a past is two different things. Again Pine Lawn is going forward. What someone done in the past is just what it is -- in the past.
Collins was never prosecuted in criminal court. An Administrative Judge found that Collins had an ongoing relationship with the accuser but that there was also one incident of non-consensual sex. DPS went after his license as as a civil matter.
"It was an incident that occurred more than 20 years ago. It was a he said she said incident."
Reporter Chris Hayes followed up, "Despite that explanation, the State believes you committed a sexual assault, so can you lead this department? [Chief Collins] Well I have lead the Department. I have lead the department in a very positive way."
SLU Law Professor Roger Goldman tracks problems with officers who move around and pushes for tougher licensing standards all across the country.
He says it's easy for Departments to hire from another city because they're getting an officer who's already been through the academy.
"Therefore, you're tempted to wink at that previous misconduct and cross your fingers that he won't do the same thing at your Department. Furthermore as I mentioned, the salary is going to be able to command is not nearly what it would have been before he was quote damaged goods."
There are plenty of cities who need officers for about ten dollars an hour. In fact, nearly 50 cities in St. Louis County are less than one square mile. Put them all together and you have nearly 50 different, low paying police departments that serve an area smaller than the City of St. Louis.
Goldman added, "It's very likely if you've got a Department with the chief and two or three people that you don't have the command structure to handle issues of discipline."
Uplands Park Board Member Charles Gamble thinks a solution may be to combine a lot of the small departments into one district -- similar to what the Normandy Fire District does.
"We cannot do this alone. We've got to bring in some outside advisors to help us operate an efficient and well operated police department."
In some cases, the County can take over a failing Police Department. St. Louis County took over patrolling Kinloch several years ago.



Story 2:


Before the
Administrative Hearing Commission
State of Missouri
DIRECTOR OF DEPARTMENT )
OF PUBLIC SAFETY, )
)
Petitioner, )
)
vs. ) No. 99-1265 PO
)
RICKEY O. COLLINS, )
)
Respondent. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Director of the Department of Public Safety (Director) filed a complaint on May 3, 1999, seeking this Commission’s determination that the peace officer certificate of Rickey O. Collins is subject to discipline for several incidents of gross misconduct indicating an inability to function as a peace officer. On December 8, 2000, the Director filed an amended complaint seeking this Commission’s determination that Collins’ peace officer certificate is subject to discipline for only one of the incidents contained in the original complaint, that being the alleged sexual abuse of a co-worker, M.S., in 1984 and 1985.
This Commission convened a hearing on the complaint on January 12, 2001. Assistant Attorney General Andrea Spillars represented the Director. Freeman R. Bosley, Jr., represented Collins. The matter became ready for our decision on February 8, 2001, when our reporter filed the transcript. We find that Collins’ certificate is subject to discipline.
Findings of Fact
Collins holds peace officer Certificate No. ###-##-####. That certificate was current and active at all relevant times.
Collins has been employed by the Pine Lawn Police Department since 1994.1 During 1984-85, the years at issue in this case, Collins was employed by the Beverly Hills Police Department in St. Louis County.
In 1983, M.S. started to work as a cashier at the Schnucks store in Beverly Hills.
Collins also worked at Schnucks as a security guard as a second job.
The employees of Schnucks sometimes went out together for drinks after the store closed. M.S. went sometimes, as did Collins. They sometimes were at a bar together after work, with other co-workers.
Collins and M.S. had a friendly and flirtatious relationship. On several occasions, M.S. gave Collins a ride home. His residence was near the store.
Collins invited M.S. into his home several times. She accepted his invitation once. When he made advances to her, she left.
After that incident, Collins became increasingly aggressive toward M.S. in his sexual advances. Although M.S. resisted, he frequently put his hand down her pants. All these incidents took place at the store.
One evening in 1985 after the store closed, M.S. went to the women’s restroom in the back of the store. The other cashier on duty had gone to the women’s restroom in the front of the store. The only other people in the store were Collins, the manager, and the senior cashier.
As M.S. emerged from the restroom, Collins was in the doorway. He pushed her back into the restroom, pulled her pants down, and raped her. During the rape, she cried and told him not to do it. Afterward, M.S. pulled her pants up and ran out of the store.
M.S. did not immediately tell anyone about the incident. She was afraid her brothers would react violently and that “somebody was going to get hurt.” Collins’ brother, Joe Collins, was, and still is, the chief of the Beverly Hills Police Department. This relationship contributed to her feeling of intimidation. She testified at our hearing under subpoena.
Another security guard who worked at the store also began to harass M.S. One day several months after Collins raped her, the other security guard approached her when her mother and sister were in the store, and M.S. “lost it.” She told the senior cashier she was quitting, and told her mother and sister about the rape and harassment.
After M.S. told her family about the incident, she reported it to the St. Louis County Police.
M.S. filed a civil lawsuit against Collins, but she dropped it. Criminal charges were never filed against Collins for the rape incident.
Conclusions of Law
We have jurisdiction to decide whether Collins’ peace officer certificate is subject to discipline. Section 621.045.2 The Director has the burden to show that Collins has committed an act for which the law allows discipline. Missouri Real Estate Commission v. Berger,
764 S.W.2d 706, 711 (Mo. App., E.D. 1989). As this is an administrative proceeding, the Director must meet its burden only by a preponderance of the evidence. State Bd. of Nursing v. Berry, 32 S.W.3d 638, 642 (Mo. App., W.D. 2000).


The Director argues that Collins is subject to discipline under section 590.135.2(6), which allows discipline for “gross misconduct indicating inability to function as a peace officer.”
Misconduct is defined as “the willful doing of an act with a wrongful intention[;] intentional wrongdoing.” Missouri Bd. For Arch’ts, Prof’l Eng’rs & Land Surv’rs v. Duncan, No. AR-84-0239 (Mo. Admin. Hearing Comm’n Nov. 15, 1985, aff’d, 744 S.W.2d 524 (Mo. App., E.D. 1988). The term “gross” indicates an especially egregious mental state or harm. Id. at 533. The duties of a peace officer include “maintaining public order, preventing and detecting crimes, and enforcing the laws.” Baer v. Civilian Personnel Div., St. Louis Police Officers Ass’n, 747 S.W.2d 159, 161 (Mo. App., W.D. 1988) (citing Jackson County v. Missouri Bd. of Mediation, 690 S.W.2d 400, 403 (Mo. banc 1985)).
If M.S.’s testimony is credible, Collins’ sexual abuse of his coworker was indeed gross misconduct, particularly when he was acting in a quasi-public safety capacity as a security guard. The “testimony of a single witness may be sufficient to constitute substantial evidence to make a submissible case.” State v. Sumowski, 794 S.W.2d 643, 645 (Mo. banc 1990). However, the credibility of M.S. and the other witnesses is unquestionably the pivotal issue in this case. Thus, we examine that issue at some length.
M.S. testified to the facts above. The most troubling aspect to her version of the events is her failure to tell anyone about the sexual assault for months after it happened. However, she presented evidence that (1) she was intimidated by the facts that Collins was a police officer and his brother was the chief of police, and (2) she was afraid her brothers would react violently to her story and that someone would get hurt. She repeatedly denied having a consensual sexual relationship with Collins or any of the other security guards she worked with. Her demeanor was credible.
Collins attempted to impeach M.S.’s credibility through the testimony of Betty Jean Smith. At the hearing, the Director objected to the admissibility of Smith’s testimony on the grounds that Collins had not disclosed her as a potential witness, asking that her testimony be excluded as a sanction for failing to comply with the rules of discovery. At the hearing, we requested copies of any interrogatories and answers to interrogatories relevant to this issue. The parties were unable to produce either at the hearing. We allowed Smith to testify and stated that we would take the objection under advisement, allowing the parties five days after the hearing to supplement the record with copies of either interrogatories or answers to interrogatories. Neither party furnished any.
We cannot impose sanctions for failing to comply with the rules of discovery without any documentation relating to the discovery. We include Smith’s testimony in the record and consider its impact on M.S.’s testimony.
Smith testified that M.S. often returned to the store after her shift so that she could be with Collins, that she talked with co-workers about having gone to his house, and that “it was known” that they had a consensual sexual relationship. On cross-examination, she admitted that she had never seen signs of physical intimacy between the two, nor had she heard M.S. talk specifically about a sexual relationship with Collins, nor had M.S. ever told her she was returning to the store in order to see Collins. Weighing the impact of her testimony on M.S.’s, we find that she did not successfully impeach M.S.’s veracity.
Collins also attempted to impeach M.S. through the testimony of Joe Collins, his brother, the Beverly Hills chief of police. M.S. testified that Joe Collins had tried to pressure her into not pressing charges against his brother, and that in conversations and meetings with her he asked her what it would take for her not to press charges. Chief Collins denied this. The Director then offered a rebuttal witness, Harold Klein, a retired St. Louis County investigator, who testified
that he wired M.S. prior to a meeting, observed officers go in the building for the meeting, and listened to a tape of the meeting after the fact. The tape was not produced, and Collins objected to Klein’s testimony insofar as it covered what he heard on the tape. We took the objection under advisement.
We sustain Collins’ objection to Klein’s testimony as to the contents of the tape. We find that evidence of the contents is not necessary to support a finding that M.S. felt intimidated after the occurrence and that her feeling could have contributed to the fact that she did not follow through with legal action against Collins. The mere fact that Klein and St. Louis County investigators wired her and conducted surveillance on her meeting with Chief Collins and his associates lends credence to her claim that she felt intimidated; presumably these measures would not have been taken had she not complained of such concerns at that time.
Collins presented character witnesses on his behalf to which no objection was made. The Director subsequently offered evidence to undermine and impeach the credibility of those character witnesses. Collins objected to the admission of that evidence on the basis that it was closer to the present than to the 1985 incident and was therefore of questionable relevance. We
overruled Collins’ objection on the grounds that his character evidence was, similarly, related to the present and the recent past. For that reason we deemed the Director’s evidence relevant for purposes of determining the credibility of the witnesses, but also for that reason we deem both parties’ evidence on the issue of Collins’ character to have minimal relevance to the issue at hand, which is whether he sexually abused M.S. in 1984 and 1985.3
Finally, we note, as did the Director in closing, that Collins himself, although present at the hearing, did not testify. “Failure of a party to call a witness who has knowledge of facts and circumstances vital to the case generally raises a presumption that the testimony would be unfavorable to the party failing to offer the testimony.” Kelly by Kelly v. Jackson, 798 S.W.2d 699, 701 (Mo. 1990); see also Piper v. Missouri Pac. Ry., 847 S.W.2d 907, 910 (Mo. App., E.D. 1993).4 We note that Collins’ failure to testify is not the only reason we find for the Director, nor could it be.5 It merely adds weight to the Director’s case.
Collins argued in closing that the alleged incident was too remote in time to support a finding of cause for discipline now. We agree that remoteness in time may present problems of proof, but there is no statute of limitations on an action against a peace officer’s certification.6 The Director may consider intervening events, such as evidence of rehabilitation, in determining the level of discipline to impose. However, the mere passage of time does not affect our finding that Collins sexually abused M.S. and that he is therefore guilty of gross misconduct indicating an inability to function as a peace officer.


Collins’ certificate is subject to discipline under section 590.135.2(6).
SO ORDERED on March 15, 2001.
________________________________
KAREN A. WINN
Commissioner
1At the hearing, the Mayor of Pine Lawn, Adrian Wright, testified that Collins had been employed by Pine Lawn since 1983. Admitted exhibits, however, indicate that he became employed by Pine Lawn in 1994. Moreover, all other witnesses agree that during 1984 he was employed by the City of Beverly Hills.
2All statutory references are to the 2000 Revised Statutes of Missouri.
3After the hearing, Collins attempted to present additional evidence in the form of documents by and to Colonel G. Thomas Walker, the former Pine Lawn Chief of Police. We assume that these are intended as rebuttal to the impeachment evidence offered by the Director. Although the Director did not object to the admission of the documents, we decline to admit them because we deem our record to be closed at the close of the hearing unless we have expressly left it open, or a party petitions to reopen for good cause and we grant the petition. Neither occurred here. Nevertheless, we note that the exclusion of these documents does not affect the outcome of the case for the reasons discussed above.
4In general, a party may request the finder of fact to draw an adverse inference from the failure of the opposing party to produce a witness who is not “equally available” to the first party. “Equal availability” depends on (1) one party’s superior knowledge of the existence of the witness; (2) the nature of the testimony the witness would be expected to give; and (3) the relationship of the witness to the party. The witness must also have knowledge of facts and circumstances vital to the case in order for the concept of equal availability to be applicable. Piper, at 910. We have not found a Missouri case in which this concept was applied to a party who fails to testify on his own behalf, but it would seem to apply.
5Cf. Pagel, Inc. v. S.E.C., 803 F.2d 942, 946-47 (8th Cir. 1986) (while silence alone is insufficient to support an adverse decision against one who refuses to testify, it was permissible to draw adverse inference from failure of broker who had invoked fifth amendment to testify in civil proceeding), citing Baxter v. Palmigiano,
425 U.S. 308 (1976).
6Compare section 620.154, which imposes a three-year statute of limitations on an action against a person or entity licensed or certified by one of the boards assigned to the Division of Professional Registration within the Department of Economic Development.


Story 3:


DIRECTOR OF DEPARTMENT OF )
PUBLIC SAFETY, )
)
Petitioner, )
)
vs. ) No. 04-1479 PO
)
RICKEY O. COLLINS, )
)
Respondent. )
DECISION
Rickey O. Collins is not subject to discipline for violating the conditions of his probation agreement.
Procedure
On November 5, 2004, the Director of the Department of Public Safety (“the Director”) filed a complaint seeking to discipline Collins. On May 12, 2005, we held a hearing on the complaint. Assistant Attorney General David F. Barrett represented the Director. Stanley E. Goldstein and Eli Karsh, with Liberman, Goldstein & Karsh, represented Collins. The matter became ready for our decision on September 8, 2005, the date the Director waived filing a reply brief.
Findings of Fact
Collins is, and was at all relevant times, licensed as a peace officer.
On March 15, 2001, in Case No. 99-1265 PO, this Commission issued a decision finding cause to discipline Collins. On July 11, 2002, on remand from the Circuit Court of
St. Louis, we issued a decision and again found cause for discipline.
On December 10, 2002, Collins and Charles Jackson, the Director at that time, entered into a probation agreement. The probation agreement contains the following provisions:
Pursuant to 590.080.5, RSMo, Mr. Collins agrees that his license as a peace office [sic] is on indefinite probation. This probationary period is subject to review, by petition to the Department, but no such petition may be submitted sooner than five years from the date below. Mr. Collins voluntarily submits to the following conditions of probation:
* * *
(2) Mr. Collins agrees that his license is only valid for commission as a peace officer with the City of Pine Lawn Police Department. The City of Pine Lawn Police Department is under no obligation, however, to employ Mr. Collins as a peace officer. While on probation, Mr. Collins agrees that he will obtain the Department’s approval before accepting a commission as a peace officer with any other law enforcement agency.
(3) Mr. Collins agrees not to be employed as a security guard or in a similar capacity while on probation.
The probation agreement does not define or otherwise describe what constitutes “employed as a security guard.” There are no Missouri laws or regulations that define the position of security guard.
The basis for the finding of cause for discipline was an incident that took place in 1985 while Collins was working as a security guard at Schnucks. The incident involved a co-worker and took place while Collins was on the job.
By letter dated December 26, 2002, Collins asked Jackson for permission to seek employment with another police department because his position had been filled at the Pine Lawn Police Department.
By letter dated December 31, 2002, Jackson granted the request on the condition that Collins notify the other police department of his probationary status.
Through referral from an unemployment office, Collins learned of a part-time position at Allied Security (“Allied”), a company that provided security-monitoring services for office buildings.
Collins did not want to violate his probation agreement and did not know whether accepting the Allied position would violate the agreement.
On December 18, 2003, before Collins accepted the position, he called Jackson to determine whether he could accept the position. Collins explained that he had been unemployed for six months and described the details of the Allied position. In response, Jackson told Collins: “I would not do anything to prevent you from supporting your family . . . I’ll have no problem with that.”1
During December 2003, Collins also spoke to Gayla Kempker, Program Representative for the Department of Public Safety’s (“the Department”) Police Officer Standards and Training Program, about his continuing education hours.
In order to work for Allied, Collins was required to get a license as a security officer from either St. Louis City or St. Louis County. In January 2004, Collins attended a three-day class and was licensed as a security officer by St. Louis County.
In his position at Allied, Collins answered telephones and gave name tags to visitors. He watched parts of the building on security monitors. He did not patrol the facility and did not carry a gun. If Collins noticed a potential security problem, he notified the building management or the local police. He did not investigate the matter himself. Collins was paid $11.00 per hour and worked 20 hours per week.


By letter dated September 16, 2004, Collins informed Jackson that he had received an offer to return to work as a police officer with the City of Wellston. Collins asked Jackson if he could continue working part time with Allied.
After the Director received this letter, the Department’s staff informed Collins that he was working as a security guard in violation of the probation agreement.
Collins immediately terminated his employment with Allied and surrendered his security officer license.
At the time of the hearing, Collins was a police officer with the City of Wellston. Collins has an opportunity to return to Pine Lawn in an administrative position.
Conclusions of Law
We have jurisdiction to hear the complaint.2 The Director has the burden of proving that Collins has committed an act for which the law allows discipline.3 This Commission must judge the credibility of witnesses, and we have the discretion to believe all, part, or none of the testimony of any witness.4
The Director argues that there is cause for discipline under § 590.080, which states:
1. The director shall have cause to discipline any peace officer licensee who:
* * *
(5) Has violated a condition of any order of probation lawfully issued by the Director[.]5
* * *


2. When the director has knowledge of cause to discipline a peace officer license pursuant to this section, the director may cause a complaint to be filed with the administrative hearing commission, which shall conduct a hearing to determine whether the director has cause for discipline, and which shall issue findings of fact and conclusions of law on the matter.
The Director argues that Collins violated the probation agreement because he worked for Allied as a security guard. Collins denies that the position was that of a security guard as that term is used in the agreement.
I. Telephone Call to Jackson
Collins testified that he contacted Jackson and was told that there would be no problem with taking the position. To refute this direct testimony, the Director offered Jackson’s testimony that he does not remember such a conversation.6 During cross-examination, Jackson testified:7
Q: Can you sit here today and swear under oath that a conversation with you did not occur?
A: No, sir, I cannot. There’s a possibility.
The only other evidence is a copy of phone records showing that Collins contacted the Department on several occasions in November and December 2003. The Director argues that Collins could have been talking to anyone at the Department, and this is true. Kempker testified that Collins spoke with her about his continuing education hours during the same time period. But there is no direct evidence to contradict Collins’ testimony that he spoke with Jackson and his testimony about the contents of that discussion.
When there is a direct conflict in witness testimony, we must make a choice between the conflicting testimony.8 We are not required to make such a choice in this case because there is


no direct conflict between Collins’ and Jackson’s testimony. We do not have to find Jackson to be a less than credible witness to believe Collins. We accept Collins’ testimony and have made our findings of fact accordingly.
II. Alter Terms of Agreement
The probation agreement is a contract.9 The Director argues that even if Collins spoke with Jackson, the Director did not have authority to alter the terms of the probation agreement. Under the agreement, Collins can seek permission to be employed as a peace officer, but the prohibition against working as a security guard is absolute and is not subject to waiver. The Director does not explain why his predecessor – who had signed Collins’ probation agreement – did not have the authority make a subsequent oral amendment to the contract.10
Settlement agreements are not required to be in writing unless the subject matter of the agreement is within the statute of frauds.11 Section 432.010, RSMo 2000, states:
No action shall be brought to charge any executor or administrator, upon any special promise to answer for any debt or damages out of his own estate, or to charge any person upon any special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon any agreement made in consideration of marriage, or upon any contract made for the sale of lands, tenements, hereditaments, or an interest in or concerning them, or any lease thereof, for a longer time than one year, or upon any agreement that is not to be performed within one year from the making thereof, unless the agreement upon which the action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person by him thereto lawfully authorized, and no contract for the sale of lands made by an agent shall be binding upon the principal, unless such agent is authorized in writing to make said contract.


We find that the subject matter of the settlement agreement is placing Collins’ license on probation for a period of five years. By setting the specific period of time of five years, the settlement agreement cannot not be fully performed in one year.12 Therefore, the settlement agreement and any subsequent amendments were required to be in writing. Therefore, we agree with the Director that Jackson could not orally alter the terms of the contract.
III. Probation Agreement/Contract Law
a. Ambiguous Contract
Because the probation agreement is a contract, we use contract principles to determine whether the Director properly interpreted the terms of the contract. The principle for contract interpretation is to determine the intention of the parties and “to give effect to that intent.”13 The terms of the contract are reviewed as a whole, not in isolation.14 If a contract is ambiguous, then extrinsic or parole evidence is admissible to determine the parties’ intention.15 An ambiguity arises in a contract:16
if there is duplicity, indistinctness, or uncertainty in the meaning of the words used, or if the contract promises something at one place and takes it away at another. The test is whether the disputed language, in the context of the entire agreement, is reasonably susceptible to more than one construction, giving words their plain and ordinary meaning as understood by a reasonable person.
In Lacey the court found such an ambiguity in Lacey’s settlement agreement with the Board of Healing Arts. The court found that the provision in a “First Disciplinary Order” or


“FDO” requiring a female chaperone to be present during gynecological examinations was ambiguous. Lacey, after consulting with his attorney who had spoken with the Board’s attorney, did not utilize the chaperone while taking medical histories, but did so during the actual physical examinations. Later the Board decided that the FDO meant that Lacey had to have the chaperone in attendance at all times during the female patients’ visits. The Board attempted to discipline Lacey for violating the terms of his probation.
The court determined that the FDO was simply a settlement agreement and was to be viewed as a contract with the same principles applicable to the interpretation of any other contract.17 The court stated: “It is readily apparent to this court that reasonable people could fairly and honestly differ in their construction of the term “during” as used in the phrase ‘present during all female patient visits.’”18 The court allowed extrinsic evidence, including prior interpretation of the terms by the parties, to resolve the ambiguity, and resolved it in favor of Lacey.
In the case before us, the probation agreement – a contract between Collins and the Director – does not define the term “security guard,” which creates the potential for ambiguity as discussed below.
b. Security Guard Position
Collins telephoned Jackson to determine whether the Allied position was the type that would be considered a security guard under the probation agreement. At the hearing, Jackson testified that he did not think it would be. This is consistent with Collins’ statement that Jackson told him the same thing approximately a year earlier. In response to questions by the Commissioner, Jackson testified:19
Q: Mr. Jackson, what is a security guard?
A: It’s one that to me provides security at an office or a business or some type of complex in various capacities.
Q: All right. What is the providing of security? What does that mean?
A: To make sure that the building or complex, whatever the person is watching over, is secure, be they an armed security guard or someone, you know, just monitoring equipment.
* * *
Q: Do you know what the purpose was for including that provision in the probation agreement, the prohibition of acting as a security guard?
A: Because the offense in which he was disciplined, he was acting in a security guard capacity at that time, and I did not want him back in that environment.
Q: And was the job that you -- do you understand the position now that he held at Allied?
A: I understand what he was doing now.
Q: Is that position the same type of position that he had in this previous --
A: No, it is not. I don’t believe he interacted with people. And this is my speculation, that he was simply dealing with equipment, electronic surveillance.
Q: Does being a security guard necessarily entail interacting with people?
A: I believe most of them do.
Q: Does the job --
A: Well --
Q: The job that you’ve heard -- did you hear Rickey Collins describe the position he had at Allied?
A: That he was a monitor. He monitored equipment.
Q: Based on your experience, is that a security guard position?
A: To me it’s a lower form of security guard, lower responsibility type security because you get someone else to respond to any incidents, that you’re strictly there to monitor and to -- it’s more of a watchman than a security guard.
Q: Does the Department have regulations that define what a security guard is or did it at the time you were Director?
A: No, we do not.
While Jackson’s testimony would not prevent us from finding that the Allied position was that of a security guard, the Director offered no evidence of the functions and duties of a security guard. As noted above, the probation agreement does not define the term and is vague concerning what Collins can and cannot do.
The Director argues that because the Allied job required a security officer license, it must be a security guard or similar capacity position. State law is not helpful. Security guards are not licensed on a state-wide basis, and the one Missouri statute defining “security guard” is vague. Section 71.195, RSMo 2000, discussing municipal security guard licenses, states:
2. For the purposes of this section, the term “security guard” is defined as any person who is not authorized to carry a firearm and who is paid to protect the person or property of another, but shall not include law enforcement officers or any other public official or employee.
This definition clearly does not apply in this situation because Collins, although on probation, was still licensed as a police officer. The court in Parrish v. Kansas City Security Service, 682 S.W.2d 20 (Mo. App., W.D. 1984), described a security guard’s duties that included listening for the phone, reporting emergencies, and turning a clock key each hour at different locations within a building. There was an element of patrolling the facility in that case. We find no clear definition of a security guard in statutes, regulations or case law.
Similarly to the contract in Lacey, reasonable people could differ as to whether Collins’ position at Allied fell within the definition of a security guard. We find that the probation agreement is ambiguous as to what is meant by “employed as a security guard.” Because we find no clear definition of “security guard,” we look to the common sense, dictionary meaning. State v. Trotter, 5 S.W.3d 188, 193 (Mo. App., W.D. 1999). “Security” is defined as:20
4 a : something that secures : PROTECTION b (1) : measures taken to guard against espionage or sabotage, crime, attack, or escape[.]
“Guard” means “one assigned to protect or oversee another . . . a person or a body of persons on sentinel duty[.]”21 These definitions carry with them the idea of interaction between people – patrolling or physically acting to protect. Having someone sit in a room and watch monitors that show different locations in a building is clearly a measure taken to guard against crime or some other offense. Collins was involved in the building’s “security.” It is more problematic whether he was acting as a guard. He could not act to protect anything; he called someone else to perform that function.
Looking to evidence outside the probation agreement, Jackson could not testify that Collins’ job duties at Allied were definitely those of a security guard. While Collins did watch monitors showing different parts of the building, many of his duties more closely represented that of a receptionist – answering the telephone and checking in visitors. As in Lacey, Collins had a representation from the Department that his interpretation of the term in the probation agreement was correct – that the position would not be considered a security guard position. Finally, we determine the parties’ intention by examining the purpose of the prohibition in the probation agreement. The parties sought to avoid the situation that was the subject of the


finding of cause for discipline. The prohibition was about potential involvement with people while working in a supposedly protective “guard” position.22
Finally, even without such extrinsic evidence, we could find in his favor as noted in Lacey:23
[W]e would still find in his favor under the well-established default rule of Missouri contract interpretation that “‘if a contract is fairly open to two interpretations that construction must be adopted which is against him who prepared it and favor him who merely signed it.’”
We find that the Director failed to prove that Collins worked as a security guard in violation of his probation agreement.
Summary
We find that the Director failed to prove that Collins worked as a security guard in violation of his probation agreement. We do not find cause for discipline under § 590.080.1(5).
SO ORDERED on December 20, 2005.
________________________________
JUNE STRIEGEL DOUGHTY
Commissioner
1Tr. at 25. Collins asserts that these were Jackson’s “exact” words.
2Section 621.045, RSMo 2000. Statutory references, unless otherwise noted, are to the 2004 Supplement to the Revised Statutes of Missouri.
3Missouri Real Estate Comm’n v. Berger, 764 S.W.2d 706, 711 (Mo. App., E.D. 1989).
4Harrington v. Smarr, 844 S.W.2d 16, 19 (Mo. App., W.D. 1992).
5Absent this statute, the issue of whether a licensee violated a probationary agreement would be determined by the licensing agency. State Bd. of Reg’n for the Healing Arts v. Masters, 512 S.W.2d 150, 161 (Mo. App., K.C.D. 1974).
6Tr. at 50.
7Id. at 53.
8Smarr, 844 S.W.2d at 19.
9Lacey v. State Bd. of Reg’n for the Healing Arts, 131 S.W.3d 831, 838 (Mo. App., W.D. 2004).
10Unlike many professional licensing cases, there is no board authorized to seek discipline. Section 590.080.1 gives that authority to the Director of the Department of Public Safety.
11Vulgamott v. Perry, 154 S.W.3d 382, 390 (Mo. App., W.D. 2004) (settlement of lawsuit for injury from a car accident did not have to be in writing); Bolander v. City of Green City, 35 S.W.3d 432, 440 (Mo. App., W.D. 2000) (settlement agreement involving condemnation pursuant to local ordinances did not have to be in writing).
12Mayer v. King Cola Mid-America, Inc., 660 S.W.2d 746 (Mo. App., E.D. 1983) (three-year employment contract was within statute of frauds because it could not be fully executed within one year). Cf. Kaiser Foundation Health Plan of the Northwest v. Doe, 903 P.2d 375 (Or. App., 1995) (promise never to reapply for employment was not within statute of frauds because it would be fully completed if ex-employee died within one year).
13Butler v. Mitchell-Hugeback, Inc., 895 S.W.2d 15, 21 (Mo. banc 1995).
14Tuttle v. Muenks, 21 S.W.3d 6, 11 (Mo. App., W.D. 2000).
15Lacey, 131 S.W.3d at 841; Coale v. Hilles, 976 S.W.2d 61, 66 (Mo. App., S.D. 1998). See also Sells Rest Home, Inc. v. Dept. of Social Services, No. 92-1238 SP (AHC June 1, 1993) (we found that the term “amount” in a stipulation could mean any one of three different things).
16Rathbun v. CATO Corp., 93 S.W.3d 771, 778 (Mo. App., S.D. 2002) (citations omitted).
17Lacey, 131 S.W.3d at 838.
18Id. at 841.
19Tr. at 60-62 (emphasis added).
20MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY 1056 (10th ed. 1993).
21Id. at 516.
22Tr. at 61-62.
23Lacey, 131 S.W.3d at 842 (citations omitted).

A bit of family history

Alice Windom (my aunt)

Biography Favorites
Color: Red
Food: Chicken
Time of Year: Summer
Vacation Spot: Africa

Africanist and social worker Alice Mary Windom was born on March 30, 1936 in St. Louis, Missouri. From a family of educators, Windom's grandfather, C.C. Jones was Southern Illinois University's first black student. Windom's parents, Frances Louise Jones Windom and Dr. John Henry Windom met at the University of Illinois and raised their daughter on black college campuses at Albany State College and Prairie View A&M University. She attended Prairie View Training School in Texas and Cote Brilliante Elementary School in St. Louis. Windom graduated from Sumner High School in 1953. Offered half tuition at Central State University (CSU) in Wilberforce, Ohio, Windom was exposed to black historian and school president Dr. Charles Wesley and lectures by Thurgood Marshall, J.A. Rogers and others. She started and organized a successful sit-in of Xenia, Ohio's Geir's Restaurant in 1957. Graduating that year with her B.S. degree in social work, Windom went on to earn her M.S.W. degree from the University of Chicago in 1959.

From June 1958 to August of 1962, Windom worked as a social worker and as a child welfare worker for the State of Illinois Department of Mental Health Division of Family and Children's Services. From 1962 to 1964, Windom made a decision to live and work in Ghana, West Africa. Working as a secondary school teacher and secretary to the Ethiopian Ambassador, Windom was a part of an historic group of diverse African American expatriates in Ghana which included John Henrik Clarke, Maya Angelou, Curtis "Kojo" Morrow and the elder W.E.B. DuBois. In 1964, Windom helped plan the itinerary for Malcom X's trip to Ghana. Windom served as administrative assistant for the United Nations Economic Commission for Africa from 1964 to 1968, organizing international conferences in seven countries. From 1969 to 1972, Windom was social welfare organizer for the Department of Social Welfare in Lusaka, Zambia. In the United States, she served as director of social services for the St. Louis Medium Security Institution from 1973 to 1974. In 1977, Windom sued the City of St. Louis for racial and sexual discrimination and the denial of free speech.

Known for her many well-documented excursions to the African world, Windom is director of the James T. Bush Center at the University of Missouri. The Bush Center initiates research and workshops in employment, education, housing, and law. A sought after lecturer, Windom is a member of a number of organizations including the Association for the Study of Classical African Civilization and the African Heritage Studies Association.

Windom lives in St. Louis.

Windom was interviewed by The HistoryMakers on December 19, 2006.

An evening out

Yesterday I had school at UMSL, after class I went to the Library to use the Computer Lab area. Before school I had gotten a few calls and text messages from the guy that I had met earlier a few weeks ago on campus. He asked my plans after class, I told him nothing for real and wanted to know if we could meet up at the Library to meet up with him. Now mind you my class is done by 8:10pm. So as I'm chilling out I am on Youtube.com watching some Dave Chappelle skits, checking email, and also downloading latest study guides from UMSL.edu for my science class. By 9pm I become just a tad bit annoyed. I hadn't heard back from him except for a few text messages stating that he was on his way. the last one had said I'll be there in 5 minutes....that was 15 minutes before.....so Im looking at the clock as its hitting on 9:30pm.

So...I'm thinkin....ok he is not anywhere near so I'm just gonna go home. As soon as I'm walkin out the area....here he comes. I told him he got lucky because I was about to go home. So he apologizes and he asked if I had eaten yet and I told him no. So we decide to leave my car up at UMSL and we end up driving all the way out to Bridgeton to Culpeppers. We sit in a curved booth area in the back and I make a run to the ladies room and aske him to order me a Sprite.

So I'm in the ladies room looking at myself in the mirror and I just bust up laughing. Don't know why maybe it's nerves or simply just don't have a phucking clue. So I get myself together and make my way out to the dining area. I take a seat and luckly we have a tv in the area and we conversate between the different sports and other subjects. Our waiter comes over and takes our orders. I order Toasted Ravioli and he orders some buffalo wings.

As I'm watchin the TV, I notice my hair is moving.....and not by itself.....so I look over and he asks me if this is my real hair and I told him yet. He makes the statement, "wow that's so rare", I'm thinking why? He states he's not used to seeing black woman with long hair. Now personally I don't consider my hair long. Yet others do, so to each their own. He strokes it a couple of more times and I just turn back to the TV thinking, "Ok" and continue to watch ESPN NBA news. Then he asks me about my eyelashes, he asks me if I have a on a full set or are they real. First off I'm thinking how in the hell do you now about a full set? So I tell him that they are mine. He again is astonished and I just chuckle to myself and laugh.

Then our food makes it to the table. Our waiter had been conversating with us from time to time and we were just joking about how Wrestling is fake but still entertaining, NBA players and their drama, and anything else that would come to mind. As I'm enjoying my toasted ravioli, my friend is trying to make small talk while eating his buffalo wings. Now to me personally the reason I ordered my food because I didn't want to look crazy while eating my food not to mention I've never eaten with this person before so I wanted to minimize as many embarrasments as possible. Small chested.....I am not.

So as we are talking....everynow and them I might catch something foriegn hit me on the side of my cheek from time to time...So I'll discretely wipe it off and participate in the conversation. Not to mention from time to time he would touch my arm and I'm thinking please tell me he did wipe his hands before doing that. Which by the way when I did get home, unfortunately.....he did not. Also another pet peeve of mine is if I just met you, I'm not really into the touchy feeling thing so I do notice he was trying to put his arm around me but I would purposely lean into the table and put my elbows up while still talking to him.

Also sometimes he would jsut simply stare at me....I could be looking at the TV and just know he is staring at me. I would look over at him and ask him if he is okay and he would say, " I think you are just so beautiful". I would say thank you and look right back at the tv.

Afterwards we left and he asked me questions about the guys in my past (How long had I known them, what happened between us, if I still spoke with them or thought about them, and other questions). I answered them honestly and he kept nodding his head as though he understood and then he took me back to my car. I told him have a good night and I drove home. Got there around 11:30pm. He seems to be a cool guy but at this time he seems as though he would just be a good friend. Yet you never know right?..

Funny thang that happened this past Saturday

You know what I have such a bad memory I forgot the FUNNYthing that happened this Saturday. Well I had a morning meeting that day from 7am to 9am and I picked up Danielle so we could both make it there on time. Well afterwards I take Daniell back home and I stay for a lil bit under an hour to help her with something. Afterwards I leave and realize my lights on my car have been on the whole time.

I get in the car, put the key in the igniation and turn......nothing.....turn it again.....nothing.... so I'm like.....shit......I'm stuck......

So remember my dad was going out of town that day for a while and I called the house to see if he had left yet and spoke with my mom and she tells me YEP he's gone. So I call AAA and inform them of my situation and ask for a jump. A guy gets out there within 2o minutes and he is just such a nice guy and proceeds to tell me that my battery is offically dead and the only thing that can be done with it is give it it's last rights.

So here comes a bigger dilema, what do I do? The AAA guy informs me that he has batteries on his truck but here comes the bigger kick.......they cost $113 dollars. I'm like.....huh....yep I'm royally phucked. So I call Danielle in the house who has yet to realize that I'm still outside of her house to see if she has change for 20 bucks. Because thankfully even though I had cashed my check from my main gig I had yet to put it in the bank. So unfortunately Danielle didn't have change and neither did the mailman or neighbor across the street.

So I got a new battery, told the guy to keep the change and was finally home about 2 hours later after that ordeal. When I got home I told my mom about it and she looked at me as though I grew another head and asked what in the hell was up with a $120 car battery? I told her that the guy informed me that it had a 3 year warranty and an addtional 36 months some other crap warranty. When I my dad finally made it back in town I told him what had happened and he had the same look on his face that my mom had.

I guess car batteries shouldn't charge so much. But damn if my car doesn't get up better than it used to....vroom vroom. hehehehe

my test

this is just a test.

Mobile post sent by msjazz79 using Utterz.  Replies.

When the chips stack up they really know how to fall

Well today is Sunday and last week really packed a punch for me. I've always believed when people die, it comes in three's. If you recall my post in regards to one of my former high school classmates, her husband was murdered. They have made progress and arrested 2 suspects in the case.

I found out last midweek that one of my former co-workers from my part-time job lost his 4 yr old son to his battle with cancer back on April 6, 2008. I do remember the lil angel, his nickname was 'lil man' his real name was Charles Lattier. I wasn't able to make the wake or the funeral unfortunately. My prayers are with John (his father). John did so much for his son and daughter especially since he was raising them both himself. Unfortunately the mother didn't want to have anything to do with her son. You couldn't help but admire John's strength. I know lil man is in a better place and not suffering anymore. you can read more about him on KMOV.com. They did a story on him back in Feb. 2008.

Update on April 10, 2008

Then I found out yesterday last night from my mom that a cousin of mine who lives in Chicago and is just a few years older than me was released from the hospital and sent home because they can no longer help him with his fight against luekemia. They say it's just a matter of time before he goes.

So I sit here now in my bed watching cartoons and think to myself. Death has no boundaries and never discriminates.

hey hey hey

Well this past week has had it's ups and downs. Well to start off that Science test that I thought I did well was NOT a highlight. Yet I found out from other people in my class it was NOT a highlight for them either. So that really sucked......MOVING ALONG My other class I'm still doing okay.

On a brighter note My Kansas Jayhawks, brought the fire last night in one of the most amazing games played in my eyes. I was jumpin on my bed after the OT session. Now tonight the ladies are going for the title and even though I have not kept score and I have it recorded on my DVR I refuse to check who has won and I'm gonna wait until I get home and watch the game for myself to see the results.

Work is well.......work at both jobs. I go I clock in I work and then I clock out. This Thursday I made plans with coworkers like 2 weeks ago to get some drinks and then go to the Moulah Theater to see a moivie called Leatherheads. Then on Friday I have to be at the main job for Parent/Teacher Confrence. That will be from 11am to 5pm, but I originally had a hair appointment so I'm like WHAT IN THE HELL AM I GONNA DO!!!!

In just one month my girls (Kai and my god-daughter) from Florida will be here and I miss them like crazy. Looking forward to it.;) Also met a guy a couple of weeks back and we have been talking on and off just figuring each other out. I swear it's the most I've used my Sprint phone in well......ever since I've had it. He seems pretty cool and we have a lot of interests. We were suppose to hook up Sunday night but our signals got crossed, he wanted to hang out last night but I was too tired from all the excitement I generated watching the Men's basketball game so maybe this weekend we might hook up.;) You never know. It's kinda weird going back out on hanging out with a guy scene. I need to do it more often huh?