CHP

PROJECT BLACK PHOENIX | CHP ARCHIVE — REPORT #9835-2024-01013 “`
CHP Report #9835-2024-01013  ·  I-15 SB Barstow  ·  10/11/2024
▶ Project Black Phoenix  ·  Subject No. 02  ·  California Highway Patrol

The Report
That Lied

Officers L. Purther & M. Vargas  ·  CHP Barstow Area  ·  Report #9835-2024-01013  ·  Every Contradiction Documented
   ▶ THE REPORT SAYS NO DIGITAL MEDIA  —  PHOTOGRAPHIC EVIDENCE PROVES BODY CAM ON OFFICER CHEST  —  THE HARLEY IS IN THE CAD LOG AT 10:15 AM  —  IT IS NOT IN THE POLICE REPORT  —  JESSICA WAS DROPPED AT A CASINO ACROSS STATE LINES  —  JOSH ACCEPTED DEATH AT IMPACT  —  CHP SAYS “NO INJURY”  —  THE REPORT IS WRONG    
October 11 2024 — White Ford F-150 on I-15 shoulder — CHP on scene — Body Cam visible on chest
I-15 Southbound  ·  San Bernardino County  ·  October 11, 2024
The Report Says “No Digital Media.”
What Is This On The Officer’s Chest?
Joshua Markle — survivor — American flag — getting ready for MNM Coins launch
Even In A Hotel Room, This Patriot Is Building The Case.
Joshua Markle asleep at workstation — American flag — sworn affidavit on screen
Sworn Affidavit On Screen. Flag Behind Him.
Hotel room workstation — coins — evidence — multiple devices
Hotel Room. No Housing. Building The Case.
What This Page Documents

A Police Report Contradicted by the Government’s Own Records

CHP Report #9835-2024-01013 was authored by Officer L. Purther and reviewed by Officer M. Vargas of the CHP Barstow Area. It is the foundational document upon which every subsequent insurance denial in this case was based. Dairyland cited it. Progressive cited it. Every carrier that placed Jessica Markle 100% at fault cited this report.

This page documents, with the government’s own records, what that report says — and what it omits, contradicts, and erases. The CAD dispatch log, two sworn affidavits, photographic evidence, and CHP’s own correspondence tell a different story than the report does. All of it is here.

Report Number: 9835-2024-01013
Prepared By: L. Purther (022612)  ·  Reviewed By: M. Vargas
Supplemental: Filed 03/13/2025 — 17 months post-incident
CPRA Response: “Department does not possess responsive records” — 03/19/2026
CAD Incident: #241011BS0069  ·  Produced by Officer D. Perez 12/29/2025
The One-Sentence Version

The Report Says No Injury. Josh Accepted Death at Impact.

Joshua Markle was flown to have emergency surgery when a doctor told him the black mass in his abdomen was either water or blood — and if blood, he would die without the operation he had seconds to consent while being wheeled on a gurney. That was October 11, 2024. The CHP report filed that day says: “Minor” Injury.

Jessica Markle — also injured — was driven across state lines by a law enforcement officer and left at a casino in Nevada with no medical care, no NHP escort, and no arrangements of any kind. She hitchhiked six hours back to Las Vegas carrying three duffel bags and a rolling cooler full of rare inventory. The CHP report mentions none of it.

The report that says none of this happened is the same report every insurance company used to deny every claim. That is the story this page tells.
Report Status: Contradicted
Digital Media (Report): None Exists
Digital Media (Photo): Body Cam Visible ✓
Injury Status (Report): No Injury
Injury Status (Reality): Emergency Surgery
Casino Dropoff (Report): Not Mentioned
Casino Dropoff (CAD): 12:57 PM ✓
02

CHP — The Evidence Archive — Report #9835-2024-01013

Exhibits A through K  ·  Documents, photos, sworn statements, government records  ·  All real  ·  All preserved
A
Exhibit
10/11/2024 — 12:31 PM Photo — Josh’s Phone In a Police Car Unlogged Item
The Bag In The Police Car — Photographed From The Back Seat — October 11, 2024, 12:31 PM

This photograph was taken by Joshua Markle from the back seat of a police cruiser at the tow yard on October 11, 2024 at 12:31 PM. Through the window, the damaged white F-150 rental is visible. In the foreground — a dark bag with yellow markings, sitting in the back seat of that police car.

This bag was loaded by a civilian at the scene. It was then taken by the officer and placed in the police cruiser. It appears on no evidence log. It is not referenced in the CHP report. It rode in that cruiser with Jessica when she was transported. The CAD log shows that transport ended at Buffalo Bill’s Casino at 12:57 PM — 26 minutes after this photo was taken.

“A bag. In a police car. Photographed from the back seat. With the evidence vehicle visible through the window. On the day of the collision. Not in the report. Not in the evidence log. Just here.”

Bag in police cruiser back seat — tow yard — October 11 2024 12:31 PM — Josh
B
Exhibit
02/26/2026 Sworn Affidavit Notarized Penalty of Perjury
Jessica Markle’s Sworn Affidavit — Notarized February 26, 2026 — What Actually Happened

Sworn before a notary public under penalty of perjury, Jessica Markle states: she was injured in the collision and repeatedly requested ambulance transport. Officers gave her a choice — ambulance immediately, or stay with the vehicle and property. She was told no officer could guarantee the safety of the inventory if she left. She rode in a tow truck with an unknown driver to protect the property.

After the tow yard, a law enforcement officer transported her and dropped her off at Buffalo Bill’s Casino, across the Nevada state line — without ambulance transport, without a Nevada Highway Patrol officer present, and without any arrangements for medical care. She was left to find her own way while injured and in possession of significant personal property.

Lyft would not make the trip — the distance from Primm to Las Vegas was too far. Jessica hitchhiked approximately six hours from Primm, Nevada back to Las Vegas carrying three duffel bags and a rolling cooler containing numismatic inventory. While Josh was in emergency surgery at UMC. The doctor told him on a gurney: if the fluid is blood, you will die without surgery. He signed consent and went under.

“This is a sworn statement. Notarized. Under penalty of perjury. None of what she describes — the forced choice, the tow truck, the casino dropoff, the six-hour hitchhike — appears anywhere in the CHP report.”

→ View Jessica Markle’s Sworn Affidavit — PDF
C
Exhibit
03/13/2025 CHP Supplemental L. Purther / M. Vargas Penalty of Perjury
Josh’s Supplemental Statement — Under Penalty of Perjury — Filed 17 Months After the Collision

Prepared by Officer L. Purther and reviewed by Officer M. Vargas on March 13, 2025 — 17 months after the October 11, 2024 collision — this supplemental exists for one stated purpose: to add Josh’s written statement to the record. Josh invoked California Vehicle Code §20013 and submitted his account under penalty of perjury.

His statement describes waking up to Jessica’s scream. A semi truck moving from the right lane into the left. The other semi at a complete stop. The semi’s outline frozen against the skyline — dead still, no forward motion, no moving foliage — just stillness. He had 3 to 4 full seconds of visual clarity before impact. He remembers thinking: This is how I die. But I’m not done yet.

The Harley broke free of four brand-new 10,000-lb ratchet straps and went over the cab. Coins scattered across the truck and the highway. The engine was pushed all the way into the cab. He stepped out, fell to the ground in agony, and trusted that law enforcement and EMTs would care for Jessica. He was airlifted. The doctor told him on a gurney: if the fluid is blood, you will die without surgery. He signed consent and went under.

“The officer who prepared this supplemental is the same officer whose partner authored the original report that omits the Harley, lists no injuries, and says nothing about what happened to Jessica. The supplemental was filed 17 months later. It adds Josh’s statement. It still doesn’t mention the Harley.”

→ View Josh’s Supplemental Statement — PDF
D
Exhibit
Post-Incident Physical Evidence Not In Report CAD Logged 10:15 AM
The Harley-Davidson Iron 883 — Storage Tag #77810074x — The Vehicle That Doesn’t Exist in the CHP Report

VIN 1HD4LE237DC421293. A 2013 Harley-Davidson Iron 883, secured in the bed of the F-150 with four brand-new 10,000-lb ratchet straps. The impact was hard enough to shred those straps and propel the motorcycle over the cab of the truck. It landed mangled. The handlebars are twisted. The front forks are bent. One of the shredded ratchet straps is still wrapped around the frame.

The CAD dispatch log entry at 10:15:02 AM reads: “WH CHEV 4X W/HD IN BED OF TRUCK REAR ENDED SEMI.” The Harley Davidson was known to dispatch within one minute of the first call. It is on the dispatch log. It is in storage with a tag on it. The CHP report authored by L. Purther and reviewed by M. Vargas contains zero mention of it.

“The government’s own dispatch system logged the Harley at 10:15 in the morning. The police report filed by the officers who were on scene does not contain the word ‘Harley,’ ‘motorcycle,’ or any reference to a second vehicle in the truck bed. The bike is sitting in storage with a tag on it. Tag number 77810074x.”

Harley Davidson Iron 883 — storage tag 77810074x — post-collision Harley Davidson — bent forks mangled handlebars — post-collision damage Harley Davidson — shredded ratchet strap still attached to frame
Harley Davidson — crushed front end bent forks Harley Davidson Iron 883 — side shot — mangled handlebars bent forks
E
Exhibit
10/19/2024 & 10/23/2024 Post-Surgical Documentation 8 & 12 Days Post-Crash
“No Injury” — These Photos Were Taken 8 and 12 Days After the Collision CHP Classified as “No Injury”

These photographs were taken on October 19 and October 23, 2024 — eight and twelve days after the collision. They show the post-operative surgical incision running the full length of Josh’s abdomen, stapled shut. The surgeon told him on a gurney while being wheeled to the operating room that the fluid in his abdominal cavity was either water or blood — and if blood, he would die without the surgery he was about to consent to.

He signed the consent form. He went under. He woke up. These photos document what that looked like eight days later. The CHP report filed on October 11, 2024 — the same day — classifies the injury status as: No Injury.

“No injury. These are the photographs from eight and twelve days after the collision CHP said caused no injuries. The report is signed by L. Purther and reviewed by M. Vargas. Both of their names are on the document that says this man was not injured.”

Post-surgical staples — abdomen — October 19 2024 — 8 days after collision Post-surgical staples — abdomen — October 23 2024 — 12 days after collision
F
Exhibit
10/11/2024 — 4:58 PM Lyft Screenshot Jessica’s Phone Labeled by Jessica in Real Time
Buffalo Bill’s Casino — “Jessica Abandoned by CHP” — She Labeled It Herself — October 11, 2024, 4:58 PM

This photograph was taken by Joshua Markle from the back seat of a police cruiser at the tow yard on October 11, 2024 at 12:31 PM. Through the window, the damaged white F-150 rental is visible. In the foreground — a dark bag with yellow markings, sitting in the back seat of that police car.

Lyft would not make the trip — the distance from Primm to Las Vegas was too far. This is the Lyft receipt. Jessica attempted to book a ride. Lyft declined the trip as too far. She then hitchhiked approximately six hours back to Las Vegas carrying three duffel bags and a rolling cooler containing numismatic inventory. While Josh was in emergency surgery at UMC. The CAD log entry at 12:57 PM confirms law enforcement transport ending at Buffalo Bills. The Lyft screenshot confirms she was still there at 4:58 PM — nearly five hours later — still trying to get home.

“` Lyft receipt — Primm NV — Jessica Markle — Lyft would not complete the trip — 60 miles to UMC

“She labeled it herself. In real time. On the day it happened. Before any lawsuit, before any claim, before anyone had any reason to document anything. ‘Jessica Abandoned by CHP.’ That is the caption on this screenshot. She took it at a casino in Nevada while her husband was in emergency surgery in California.”

Lyft trip detail — Buffalo Bills Resort Primm NV pickup — labeled Jessica Abandoned by CHP Buffalo Bills Casino marquee — Primm Nevada — where Jessica was left by CHP officer
“`
G
Exhibit
10/11/2024 Scene Documentation Body Cam Visible — Officer’s Chest
The Scene — Josh on a Gurney — CHP Officer With Clipboard — Look at His Chest

This image captures the scene on I-15 Southbound on October 11, 2024. Josh is visible on a gurney being loaded for transport. A CHP officer is standing in the foreground with a clipboard. Look at the officer’s chest — a body-worn camera device is visible.

Now read CHP’s official response from the Custodian of Records, April 4, 2025 — Exhibit I of this archive: “No footage or body cam related recordings exist because the involved officer has not been issued one by the Department and did not possess or utilize a personally-owned body-worn camera.”

The officer in this photograph is at this scene. There is a device on his chest. CHP’s official written position is that no body cam existed. That position and this photograph exist in the same case file.

“The Department says no body cam was issued and none was used. This photo was taken at the scene on the day of the collision. The American people can look at the officer’s chest and draw their own conclusions.”

CHP officer at scene with clipboard — body cam device visible on chest — I-15 October 11 2024 White F-150 on I-15 shoulder — Harley visible in truck bed — CHP scene documentation
I
Exhibit
04/04/2025 CHP Custodian of Records Body Cam Response
CHP Bodycam Response — “No Body Cam, No Surveillance” — One DVD — The Officer Was Never Issued One

In response to Jessica’s demand for all video footage including body cams, dash cams, and on-scene surveillance, the CHP Barstow Area Custodian of Records responded on April 4, 2025. The Department produced one item: a DVD containing patrol vehicle Mobile Video/Audio Recording System recordings for crash #9835-2024-01013, available for $5.

On the body cam question: “After a diligent search and reasonable inquiry, the CHP Barstow Area has determined there are no ‘body cam,’ ‘body-worn cameras,’ ‘any on-scene surveillance,’ or ‘black box (EDR)’ records in the Department’s possession… no footage or body cam related recordings exist because the involved officer has not been issued one by the Department and did not possess or utilize a personally-owned body-worn camera.”

“The only recording is the patrol vehicle dashcam on a $5 DVD. No body cam. No surveillance. No EDR. The same dashcam footage that would show what happened with the bag, what happened with the Harley, and what happened to Jessica. That DVD exists. It has never been produced in any legal proceeding.”

→ View CHP Bodycam Response Letter — PDF
K
Exhibit
12/29/2025 Recorded Audio Officer D. Perez — CHP Barstow Casino Dropoff Confirmed
Officer Perez — Recorded December 29, 2025 — Confirms Casino Dropoff — Multiple Legal Contradictions

On December 29, 2025 — the same day Officer D. Perez of CHP Barstow Area emailed the redacted CAD dispatch log — this audio was recorded. Officer Perez confirms that Jessica was transported across the Nevada state line and dropped at Buffalo Bill’s Casino. His statements contain multiple contradictions to applicable law governing the transport and care of injured civilians at traffic collision scenes.

This recording, combined with the CAD log entry at 12:57 PM confirming the casino dropoff, and Jessica’s sworn affidavit, and the Lyft screenshot captioned “Jessica Abandoned by CHP” — establishes the casino dropoff as a fact confirmed by three independent sources including the officer’s own words.

“Officer Perez provided the CAD log and this audio on the same day. The CAD log says Buffalo Bills at 12:57. The audio confirms the transport. The sworn affidavit describes what it was like to be the person in that car. All three exist. None of it is in the report.”

🎙 Audio — Officer D. Perez — CHP Barstow Area — Recorded 12/29/2025
If audio does not play inline, click here to open directly.
Joshua Markle — getting ready for MNM Coins launch — hotel room workstation
Before The Accident  ·  Pre-October 11, 2024
Sorting Inventory. That Rolex On His Wrist —
He Thought It Was Gone. Found It Months Later.
Those Coins? That’s The $83,000.
▶ The CAD Dispatch Log — Incident #241011BS0069 — What the Government Recorded in Real Time
The Timeline CHP Built. Then Didn’t Put In The Report.
10:14
CAD Log
Call received. Incident priority set to 2. Problem nature: 1179-Trfc Collision-1141 Enrt. Caller: Elizabeth Williams.
10:15:02
CAD Log
“WH CHEV 4X W/HD IN BED OF TRUCK REAR ENDED SEMI” — The Harley Davidson is in the dispatch log at 10:15 AM. One minute after the first call. The officers on scene knew it was there.
10:15:44
CAD Log
Units assigned: A73-074 (Jose E. Flores) and A73-076 (Luke M. Purther) — same L. Purther who will author the report and the supplemental.
10:32:08
CAD Log
“ONE PARTY UNRESPONSIVE — LABORED BREATHING” — Josh. Not “no injury.” Unresponsive. Labored breathing. In the government’s own dispatch log.
10:44:22
CAD Log
“A73-076 REQ AIR // ALREADY STARTED ONE” — Air transport requested and initiated. Officer Purther’s unit requested the helicopter.
11:58:20
CAD Log
“MARKLE, JOSH, 081080, TAKEN TO UMC BY MERCY 7” — Joshua Markle airlifted to University Medical Center by Mercy Air 7. Documented in the government’s own dispatch system.
12:15:02
CAD Log
“GONNA BE XPORTG XRAY FROM CIMA TO PRIMM, WAITING FOR HER TO RETRIEVE BELONGINGS FROM VEH.” — Jessica. Injured. Waiting at the scene. Retrieving belongings. This is in the CAD log. It is not in the report.
12:32:17
CAD Log
“1148X PV 1633292, SM 14318, ENRT TO PRIMM” — A unit en route to Primm with Jessica.
12:57:46
CAD Log
“10-98 EM: 14342 AT BUFFALO BILLS, 2 VEH 1181 NEG 180’S”Jessica dropped at Buffalo Bill’s Casino. In the government’s own dispatch log. Code 10-98: transport complete. NEG 180’S: no psychiatric hold. They logged it and closed it.
4:58 PM
Jessica’s Phone
Jessica attempts to order a Lyft from Buffalo Bill’s Casino. Lyft won’t make the trip. She will hitchhike six hours back to Las Vegas with three duffel bags and a cooler of inventory. Josh is in surgery.
▼ What the CHP Report Says

Injury status: No Injury.

Digital Media: No Digital Media at Scene.

Harley-Davidson: Not mentioned.

Numismatic inventory: Not mentioned.

Jessica’s transport: Not mentioned.

Casino dropoff: Not mentioned.

Bag removed from scene: Not mentioned.

▲ What the Government’s Own Records Show

Injury status: “One party unresponsive, labored breathing” (CAD 10:32). Airlifted by Mercy Air 7 (CAD 11:58). Emergency surgery. Stapled abdomen documented Oct 19 & 23.

Digital Media: Body cam device clearly visible on officer’s chest in on-scene photography (Exhibit G).

Harley: “WH CHEV 4X W/HD IN BED” — CAD 10:15:02 AM.

Jessica’s transport: CAD 12:15 — waiting to retrieve belongings. CAD 12:57 — dropped at Buffalo Bills. Jessica’s sworn affidavit. Lyft screenshot captioned by Jessica in real time.

Bag: Photographed in police cruiser back seat, 12:31 PM, from Josh’s phone.

🔴 Under Penalty of Perjury  ·  Joshua Markle  ·  Submitted to CHP Barstow Area
“I Remember Thinking: This Is How I Die.
But Wait — I’m Not Done Yet.”

Those are Joshua Markle’s words, submitted under penalty of perjury and attached to the official CHP record under California Vehicle Code §20013. He had 3 to 4 full seconds of visual clarity before impact. The semi was frozen against the skyline. Dead still. No forward motion. He calculated the speed, the distance, the inevitability. Then impact. The seatbelt nearly cut him in half. The engine pushed into the cab. The Harley broke free and went over the cab. Coins scattered across the Mojave. He stepped out of the truck and fell to the ground.

At the hospital, a doctor put a scan in front of him on a gurney and said: the black mass is either water or blood. With your type of accident, it’s probably blood. If it’s water, you might live. If it’s blood, you will die without surgery. He said yes. He signed. He went under. He woke up. The photographs from eight days later are in Exhibit E of this archive.

The CHP report says: No Injury.

▶ The Downstream Damage — Every Denial Cites This Report
The Foundation Was False. Every Structure Built on It Inherits That Falsity.

Dairyland placed Jessica Markle 100% at fault for 18 months — citing the CHP report. Progressive placed Jessica Markle 100% at fault — citing the CHP report and their own investigation. Every bad faith denial, every premium increase, every claims obstruction in this case traces back to Report #9835-2024-01013. A report that says no injury. A report that omits a motorcycle logged by dispatch at 10:15 AM. A report that says nothing about an injured woman being transported across state lines and left at a casino.

“If the foundation is false — and this archive documents that it is — then every legal and financial action taken against Jessica and Joshua Markle that cites this report is built on that false foundation. That includes every denial letter. Every adverse underwriting decision. Every premium increase. Every claims delay. All of it.”

The CAD log cannot be altered. The sworn affidavits are notarized. The surgical photographs are timestamped. The Lyft screenshot was captioned by Jessica in real time. The dispatch log entry at 10:15 AM contains the words “HD IN BED.” The dispatch log entry at 12:57 PM contains the words “AT BUFFALO BILLS.” The report written by the officers who were at that scene contains neither.

“To every carrier, every adjuster, every attorney, and every regulator who has cited Report #9835-2024-01013 as the basis for any adverse action: the record above is the response. Every document is preserved. Every contradiction is timestamped. The archive is public. The record is complete.”

Project Black Phoenix has documented this collision, this report, and its consequences across multiple books, multiple regulatory filings, multiple bar complaints, and now this public archive. The CHP page is Subject No. 02. There are more subjects. The archive continues until every institution that touched this case and chose silence over accountability has had its silence documented for the public record.

“The storm is here. This is only the second page.
“`
02C

The Bag — Chain of Custody — On Video

Civilian Loads Evidence  ·  Officer Removes It From Scene  ·  Victim’s Back Is Turned  ·  California Penal Code & Evidence Law  ·  On Camera
Was The Chain Of Custody
Broken At This Scene?
Two videos. One question. The law has an answer. Watch, then read it.
▶ VIDEO 01 OF 02
Civilian Loads CHP Evidence Bag At Scene — October 11, 2024
Civilian at scene loading a CHP-marked bag with items from the collision site  ·  No chain-of-custody log produced  ·  Not referenced in CHP Report #9835-2024-01013
▶ VIDEO 02 OF 02
Officer Removes Bag From Scene — Places In Cruiser — Victim’s Back Is Turned
Law enforcement officer removes the same bag from the scene and places it in the cruiser  ·  Occurs while Jessica Markle’s back is turned  ·  Bag subsequently transported to Buffalo Bill’s Casino per CAD 12:57
▶ California Penal Code § 135 — Destruction or Concealment of Evidence
Cal. Pen. Code § 135  ·  Misdemeanor / Felony Enhancement

Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent to prevent it from being produced, is guilty of a misdemeanor. When the concealment or destruction relates to a criminal investigation or proceeding, enhancement provisions apply.

Applied here: A bag containing items from a collision scene — photographed in a police cruiser, unlogged, not appearing in any evidence inventory, transported across state lines, and never returned or documented — fits squarely within the concealment of evidence framework. The question is not whether the bag existed. It did. Josh photographed it from the back seat at 12:31 PM. The question is what happened to its contents.

▶ California Evidence Code § 1400–1401 — Authentication & Chain of Custody
Cal. Evid. Code §§ 1400–1401  ·  Foundation for Admissibility

Authentication of a writing means the introduction of evidence sufficient to sustain a finding that it is what the proponent claims it to be. For physical evidence at a collision scene, chain of custody establishes the integrity of that evidence from the moment of collection through its presentation. Any break in that chain — unlogged collection, civilian handling, unsupervised transfer, absence from evidence logs — creates an authenticability problem that directly affects admissibility and downstream legal proceedings.

Applied here: A civilian loaded items from the scene into a bag. An officer took that bag. Neither action appears in any evidence log, any CHP report, or any document produced in response to CPRA Request R002515-022226. By definition, the chain of custody for whatever was in that bag was broken at the scene — on October 11, 2024, on I-15 Southbound, in front of a camera.

▶ California Vehicle Code § 20012 — Duty to Report — Officer Obligations at Collision Scene
Cal. Veh. Code § 20012  ·  Mandatory Reporting Obligations

Every traffic officer investigating or responding to a traffic collision shall prepare a written report of such collision and submit the report to the Department within 24 hours. The report shall include all relevant physical evidence and property observed at the scene. The duty is ministerial — it is not discretionary. An officer at a scene who observes a bag loaded by a civilian and subsequently places that bag in a cruiser has a mandatory obligation to document that item in the collision report.

Applied here: Officer L. Purther — the same officer whose unit number (A73-076) appears in the CAD log throughout the incident — prepared Report #9835-2024-01013. That report contains no reference to any bag, any civilian collecting items from the scene, or any property removed from the collision site. The bag is documented only by Josh’s photograph taken at 12:31 PM. The duty to report that bag existed. The report does not contain it.

▶ 42 U.S.C. § 1983 — Civil Rights — Deprivation Under Color of Law
42 U.S.C. § 1983  ·  Federal Civil Rights — Fourth & Fourteenth Amendment

Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State, subjects any citizen of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. The unauthorized removal of personal property from a collision scene by a law enforcement officer — without documentation, without consent, and without return — constitutes a deprivation of property without due process of law.

Applied here: The bag was photographed. The bag was not logged. The bag was transported to another state. The contents of that bag have never been returned, inventoried, or accounted for by CHP. CPRA Request R002515-022226 produced zero records concerning that bag. Every numismatic item that was in that bag — if any — is gone. The authority to take it came from a badge. That is color of law. The failure to return it or account for it is the deprivation.

▶ The Legal Framework — Summary A civilian loaded items from a federal collision scene into a CHP-marked bag. An officer removed that bag from the scene and placed it in his cruiser while the victim’s back was turned. The bag appears in no evidence log. It is not mentioned in CHP Report #9835-2024-01013. It was transported to Buffalo Bill’s Casino in Nevada per CAD entry 12:57 PM. Its contents have never been accounted for. California Penal Code § 135 addresses the concealment of evidence. California Evidence Code §§ 1400–1401 governs chain of custody. California Vehicle Code § 20012 imposes a mandatory reporting duty on every officer at a collision scene. 42 U.S.C. § 1983 provides a federal remedy for property deprivation under color of law. The videos above show what happened. The law above describes what that means. The record is preserved. The archive is public. The question is no longer what occurred — it is what anyone with authority intends to do about it.

Captain E. Meeker wrote, in his March 18, 2025 response to Jessica Markle’s formal complaint: “Any evidence utilized in preparation of the crash report has been included in the report and is not preserved unless stated in the report.”

The bag is not in the report. Per CHP’s own written policy — it was not preserved. But it was photographed. It was filmed. And it is in this archive permanently.

The videos are public. The law is clear. The chain of custody was broken at this scene, on camera, on October 11, 2024. That is not an allegation. That is a documented sequence of events with video evidence, photographic evidence, a sworn affidavit, and a CAD log entry — all pointing in the same direction.

“`
02B

The Vanishing Harley-Davidson Iron 883

VIN: 1HD4LE237DC421293 | Storage Tag: #77810074x

“`

This is the physical evidence of Institutional Erasure. The 2013 Harley-Davidson Iron 883 was secured in the bed of the F-150 with four 10,000-lb ratchet straps. The force of the impact shredded those straps and launched the motorcycle over the cab.

The Smoking Gun: CAD Log 10:15:02 AM

“WH CHEV 4X W/HD IN BED OF TRUCK REAR ENDED SEMI”

Dispatch knew the Harley existed within 60 seconds of the call. The officers on the scene saw it mangled on the asphalt. Yet, in the final report authored by L. Purther and M. Vargas, the word “Harley” or “Motorcycle” is completely absent.

Harley Storage Tag Mangled Handlebars Shredded Strap
Crushed Front End Side View Damage
“By CHP’s own written policy (Captain Meeker, 03/18/2025): ‘Any evidence… is not preserved unless stated in the report.’ Because they omitted the bike from the report, they effectively legalized its disappearance and the denial of its value. This is how they manufacture a loss while the evidence is sitting in a yard with a tag on it.”
“`