Prelude

My name is Mathew Tyler. As a surviving "crime victim" of the 2018 "Camp Fire" in Paradise, CA, I have researched and compiled this information into a list in an attempt to help and inform my community's recovery. Informing and uniting people in how I think best to proceed.

Please do not hesitate to contact me with comments or questions.

We are all crime victims of wanton and willful criminal acts. We are all in this together. We all must work together.

Information is subject to change; check back regularly for updates.

Disclaimer

I am not an attorney. This is not legal nor any other advice. Please consult with an accredited, qualified attorney that represents your best interests.

Disagree? Uncertain? Ask an accredited public highschool science teacher to explain. Not charter school. Not private school. Public school.

How to correct / rectify

  1. Until full restitution, disrupt / stop water from Oroville Dam to California Aqueduct; i.e., court injunction, "natural disaster(s)," etc...
  2. Indict / litigate, for allowing and/or causing the fire and/or failing to represent "crime victims":
    1. Officials in individual capacity pursuaint to "stripping doctrine"
      1. Federal officials
      2. State
        1. Kamala Harris, former California Attorney General and US Senator for California for failing to represent Calfironians with the "Water cycle" and failing to help "crime victims"
        2. Governor Edmund Gerald "Jerry" Brown Jr., former Governor of California which provided the fuel for the fire with his legislation
        3. Xavier Becerra, former California Attorney General failing to afford our California Constitutional rights as crime victims
        4. Governor Gavin Newsom, Governor for failing to afford our California Constitutional rights as crime victims
          1. California Governors seemingly committing "hate crimes"[A][B] (Federally and California) / "human rights violations"? Would these crimes be less morally turpitude/repugnant if they were being committed against Asian and/or Black persons rather than disabled persons?
      3. County officials for failing to have a fire break
      4. Paradise officials for failing to have a fire break, alert system, and for intentionally impeding the flow of traffic on Skyway Rd.
    2. Agencies
      1. CalFire
      2. Bureau Of Land Management
      3. US Department of Agriculture
      4. US Forest Service
      5. California Public Utilities Commission
    3. County of Butte
    4. Town of Paradise
    5. State of California and Federal Court systems
  3. Pursue in US Court of Federal Claims
    1. Debts incurred
    2. Salaries
  4. Petition news media for further investigation of possible collusion and/or Inverse condemnation.
  5. Petition DOJ and/or FBI to investigate possible collusion and/or Inverse condemnation.
  6. Petition United Nations for intervention of "Inverse condemnation"
  7. Repeat history, in 1977 Vulcan, West Virginia requested foreign aid from Russia
  8. Elect / write in Mathew Tyler for President of the USA; "As President, I will work to correct/rectify this."

Overcoming Sovereign immunity

  1. State Sovereign immunity does not extend to: agencies, county, municipality, nor cases in violation of the federal or state constitution.
    1. Arising from the 2018 "Camp Fire," violations of federal or state constitutional rights without due process include without limitation to:
      1. Life and Liberty
        1. Starting with the fire and continuing until just restitution is received. Being left in a perpetual state of limbo since the fire. Having to spend my time, rebuilding my life and doing the "due diligence" to ensure just restitution.
      2. Property
        1. Physical access to property was denied by the State from 11/08/2018 until 12/24/2018?
      3. Equal protection
        1. Lacking criminal prosecution thus far for the crime(s) that have been committed against us by the State and PG&E.
  2. Government actions taken in "bad faith" can receive damages despite sovereign immunity.
    1. 2018 "Camp Fire" started on insufficiently maintained federal land (39.82 latitude, -121.44 longitude); (3) page pdf.
      1. Administrative of land: Bureau Of Land Management - Redding Field Office?
      2. Surface management agency: US Department of Agriculture's Forest Service - Lassen National Forest?
      3. Information via: BLM National Data and California State Geoportal: California Land Ownership
    2. In 2018, saving select areas and structures while innocent Americans burned alive, it appears CalFire allowed the Town of Paradise to pretty much burn to the ground. A fire where the State of California evidently:
      1. Failed to adequately oversee PG&E's operations; and
      2. Consistently failed to consider the general public's safety of permitting PG&E to continue to operate without adequate oversight; and
        1. "To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made." California Constitution, Article I § 28(b)(16)
      3. Worsening the drought through disrupting the "water cycle," through the intentional use of "Shade balls" which:
        1. "reduce evaporation by 80-90%;" and,
        2. further removing water from the "water cycle," "Shade balls" are "partially filled with water"
        1. For example, consider a close loop bird bath. If water is only constantly being removed from it with no water being added, will it always have water? Similarly with the State of California intentionally disrupting the "water cycle" by sending water from Northern California to Southern California without ever replenishing it. Worsening matters by using "Shade balls" to stop the water from naturally evaporating to form condensation and precipitation.
      4. Enacted legislation to conserve water usage in Northern California; and
      5. Failed to ever deploy CalFire's "Supertanker" at any time during the "Camp Fire;" and
      6. Failed to [adequately] remove or even mitigate the fuel: "grass, brush, and timber" from the State's land; 39.82 latitude, -121.44 longitude.
  1. "Bad faith"
    Government actions taken in "bad faith" can receive damages despite sovereign immunity.
  2. Violation of federal or state constitution

    Unconstitutionally deprived of: life, liberty, property, and equal protection without due process.

Statute of limitations

Similarly to the "Nuremberg trials," the trial of the State occurs after cessation of violations, not during. The perpetual violations of constitutional rights that has never ceased meaning that the statue of limitations has yet to even begin.

Points of concern

  1. How many areas that relied on CalFire as their fire department have burned / caught fire?
    1. Will Oroville, CA be the next place in California to burn?
  2. Why have our elected "representatives" done nothing for us? Collusion with PG&E? Or just Inverse condemnation?
    1. Our elected "representatives," former US "Senator" Kamala Harris seemingly only uses the "Camp Fire" incident as a photo-op
      1. Harris and former California Attorney General Xavier Becerra have since been promoted to the White House.
    2. US "Senator" Bernie Sanders showed up in Chico, CA for a photo-op and/or fundraiser.
      1. I personally asked US "Senator" Bernie Sanders, about in addition to holding CEOs accountable, what about holding majority shareholders accountable? US "Senator" Bernie Sanders redirected my in person question and ignored my question on Twitter.
    3. Why are our elected "representatives" trying to rely solely on civil litigation rather than criminal prosecution?
    4. Seemingly increasing the cost of lumber to rebuild with California Senate Bill No. 210 which seems prima facie unconstitutional; i.e., State of Florida Department of Revenue v. Kuhnlein
    5. In 2021, members of US Congress lept into action to help the predominately opponent of regulations, the state of Texas; millions of dollars donated for relief.
    6. Department of Justice sues State of Georgia in 2021 yet hasn't represented "crime victims" of the State of California's wanton and willful acts?
  3. Why did the "Court(s)," the attorney's representing the "crime victims," and our elected "representatives" permit PG&E to file bankruptcy which was clearly a "Strategic lawsuit against public participation"?
  4. Why are we being treated as a class action lawsuit without any benefits of being an actual class action lawsuit?

Definitions

  1. "Crime victim"
    1. Federally "Definition .— For purposes of this paragraph, the term 'crime victim' means the person against whom the State offense is committed or, if that person is killed or incapacitated, that person's family member or other lawful representative." 18 U.S. Code § 3771(e)
    2. California "a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term 'victim' also includes the person's spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term 'victim' does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim." California Constitution, Article I § 28(e)
  2. Rights of a "crime victim"
    1. Federally Federal Crime Victims Have The Following Rights*
      1. 18 U.S. Code § 3771
        1. "The reasonable right to confer with the attorney for the Government in the case." 18 U.S. Code § 3771(a)(5)
        2. "The right to full and timely restitution as provided in law." 18 U.S. Code § 3771(a)(6)
        3. "The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (34 U.S. Code § 20141(c))  and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice." 18 U.S. Code § 3771(a)(10)
      2. "Services to Crime Victims" 34 U.S. Code § 20141
      3. 42 U.S. Code § 10606(b) * Repealed?
      4. Victims of Crime Act of 1984
      5. Victims Rights and Restitution Act of 1990
      6. Violent Crime Control and Law Enforcement Act of 1994
      7. Antiterrorism and Effective Death Penalty Act of 1996
      8. Victim Rights and Clarification Act of 1997
    2. California
      1. "Marsy's Law" California Constitution, Article I § 28
        1. "Victims of crime are entitled to have the criminal justice system view criminal acts as serious threats to the safety and welfare of the people of California. The enactment of comprehensive provisions and laws ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. California's victims of crime are largely dependent upon the proper functioning of government, upon the criminal justice system and upon the expeditious enforcement of the rights of victims of crime described herein, in order to protect the public safety and to secure justice when the public safety has been compromised by criminal activity." California Constitution, Article I § 28(a)(2)
        2. "The rights of victims pervade the criminal justice system. These rights include personally held and enforceable rights described in paragraphs (1) through (17) of subdivision (b)." California Constitution, Article I § 28(a)(3)
        3. "To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case." California Constitution, Article I § 28(b)(6)
        4. "To be informed of the rights enumerated in paragraphs (1) through (16)." California Constitution, Article I § 28(b)(17)
        5. "It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer." California Constitution, Article I § 28(b)(13)(A)
        6. "Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss." California Constitution, Article I § 28(b)(13)(B)
        7. "All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim." California Constitution, Article I § 28(b)(13)(C)
        8. "To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made." California Constitution, Article I § 28(b)(16)
  3. "Arson"
    1. Federally "Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both.
      If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.
      " 18 U.S. Code § 81
    2. California "A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property." California Penal Code - PEN § 451
  4. Honest services fraud
    1. "For the purposes of this chapter, the term 'scheme or artifice to defraud' includes a scheme or artifice to deprive another of the intangible right of honest services." 18 U.S. Code § 1346Honest services fraud
  5. Strategic lawsuit against public participation
    1. "A Strategic lawsuit against public participation (SLAPP), SLAPP suit, or intimidation lawsuit is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition." California Code of Civil Procedure - CCP § 425.16
  6. Inverse condemnation
  7. "Water cycle"
    1. Liquid water state (Infiltration, Surface Runoff, and Subsurface Flow)
    2. Evaporation
    3. Condensation
    4. Percipitation
  8. Sovereign immunity