Wednesday, March 30, 2016

CLARIFICATION: THE VERY LIMITED E-MAIL LEGAL CORRESPONDENCE BETWEEN JOHN KEVIN McMILLAN OF NORTHWEST AUSTIN AND THE ADMIRABLY ALERT SCHLOTZSKY'S ARBORETUM CHAIN RESTAURANT GENERAL MANAGER DAVID VASQUEZ IN AUSTIN, TEXAS, ABOUT A CITED CRIME CASE IN AUSTIN, WITH Mr. McMILLAN THE CITED VICTIM, SPANNED ONLY TWO TOTAL DAYS IN DURATION: MARCH 16-18 2014; AND Mr. McMILLAN HAS, OF COURSE, FULLY HONORED Mr. VASQUEZ'S MARCH 18, 2014, ORAL REQUEST THAT Mr. McMILLAN REFRAIN FROM SENDING ANY ADDITIONAL E-MAIL LETTERS OF ANY TYPE TO THAT PARTICULAR STORE LOCATION OR TO ANY SCHLOTZSKY'S HEADQUARTERS OFFICIAL


(EXPLANATORY NOTE: Three total new and additional parenthetical clarifications or revisions, each of them directly cited between parentheses, have been added in 2016 for this blog entry by criminal-law complainant John Kevin McMillan of Austin to the text of his last-ever 2014 E-mail correspondence with Schlotzsky's Arboretum General Manager David Vasquez. Also, some entire paragraphs of this 2014 E-mail correspondence with Mr. Vasquez were deleted for the sake of fairness toward a cited individual apparently not employed by Schlotzsky's.)

From John McMillan (at personal E-mail address of: "mcmillanj@att.net")

(Date and Time:) March 18, 2014, at 11:56 a.m.

To Schlotzsky's Arboretum (at the one total E-mail address for Schlotzsky's of "dvasquez@schlotzskys.com"), Texas Restaurant Association General Counsel Glenn Garey, Travis County District Attorney, Tara Long, Austin Police Department Assistant Chief Troy Gay

On Tuesday, March 18, 2014 11:56 AM, John McMillan wrote:

To: David Vasquez, General Manager of the very nice Schlotzsky's Arboretum Restaurant that's situated at Research Boulevard and Balcones Woods Drive in northwest Austin, with your office phone number being (512) 338-9494.

March 18, 2014

Dear David,

Thank you for leaving a voice-mail message with my home phone line this morning in which you asked me to give you a phone call at your Schlotzsky's Arboretum chain restaurant. I then promptly returned your phone call at shortly after 10 a.m. this morning.

In our approximately five-minute or 10-minute phone conversation this morning, you very helpfully informed me for the first time ever that you have contacted the Travis County District Attorney's Office and the Texas Restaurant Association about the cited crime case in which I am definitely a victim inside my bolt-locked apartment unit at Wind River Crossing Apartments.

You also stated to me that you have chosen NOT to share the contents of my E-mail (below) to you about the cited crime case with either Mike or Amada or any of your other assistant managers or shift leaders--- or any other member of your staff, you indicated.

You also emphasized to me that none of your staff members at your particular location reside anywhere close to your Schlotzsky's restaurant, and for that cited reason none of them would have ever at any time heard any rumors or information about (, you indicated, or had any direct alleged possible involvement of their own of any type in) the cited felony-crimes case in which I am myself a continuing victim, you emphasized to me today.

I did mention to you today about my hope that possibly some of your customers unbeknownst to me might have possibly made oral statements inside your restaurant about the cited crime case---comments that that were either directly heard or overheard by you or a member of your staff, I stated.

Also in our phone conversation today, you asked me to please refrain from ever again myself discussing the cited crime case inside your restaurant with any of your managers or staff members. You emphasized to me that that type of unpleasant and stressful topic, you indicated, should not be discussed any further inside your location's restaurant environment.

For the record, the only members of your staff whom I can currently recall having myself inside your restaurant discussed the crime case with are your management team members Mike and Amanda, and yourself.

I replied to your first-time request of me on the phone today by politely assuring you that I will of course refrain from ever myself while inside your restaurant ever again discussing the cited felony-crimes case in which I am definitely a victim with any member of your staff at any time in the present or future. The only possible exception to that, I politely added, is if a member of your staff directly directly poses a question to me about the crime case in which I am a continuing victim. You did not cite any objection to my offering an honest answer if a question of that type is ever directly posed to me by any member of your management team.

You also advised me in our phone conversation today that you believe I may have to lawfully and in a civil manner...(terminate my co-tenant roommate involvement with) my current roommate, a male adult older person whom I had met for the first time ever in March 2013 when I interviewed him on two separate occasions inside your Schlotzsky's location. I agreed to meet with that individual inside your store (a location I had cited to him because your store is very close to where I live) only after he had responded in writing to a wholesome roommate-wanted ad of mine on Craigslist. In my roommate-wanted ad, I had emphasized in writing that I was seeking an honorable and law-abiding strictly-platonic-relationship (zero-physical-contact) roommate for myself.

During the two separate interviews I had with that heavyset older man inside your location, I might add at this time, that prospective new roommate for myself repeatedly stated to me that he would definitely contact the Austin Police Department on my own behalf if he himself ever observed any evidence of any alleged illegal intruder inside this particular apartment unit at Wind River Crossing.

...

....

Also in our phone conversation this morning, you very kindly offered to yourself contact the Austin Police Department on my behalf about the cited crime case in which I am a victim.

I politely replied to your statement that the current investigation by the Travis County District Attorney's Office Public Integrity Unit is (apparently or possibly) focused on possible alleged violation of the law by one or more members of the Austin Police Department in connection with their response to one or more of my dozens of crime complaints I have filed with APD ever since April 28, 2011, about my being a cited victim of personal-injury crimes inside my bolt-locked apartment unit. I politely emphasized to you in our phone conversation that the Austin police so far have not been willing to investigate this crime case in the last few years.

I also mentioned to you in our phone conversation today that partly because I have been a restaurant-industry employee in Austin on a continuous basis ever since April 27, 2002 (my birthday), and partly because I have been a regular customer inside your restaurant providing you with helpful and honest and accurate reports relating to the trash can in your restroom overflowing with trash and other factual reports, etc., over a multi-year period, I have been hopeful that you might be particularly interested in supporting my legal right and human right to myself sleep alone on my bed inside my bolt-locked private bedroom without anyone ever having any physical contact with me of any type during my sleep. I am a lifelong single gentleman, and I am also a longtime celibate-by-choice single adult gentleman who myself always sleeps alone on a bed that I own.

David, thank you again for your kind interest in seeing that my privacy rights are fully protected here in Austin. Please let me know if any portion of this follow-up letter strikes you as being anything but accurate and honest on my part.

Sincerely and Best Wishes,

John Kevin McMillan, a former applicant for employment at your Schlotzsky's location who appreciated the fact that you gave full consideration to my job application even though I was never hired for any position at your particular location. I might add that even though I also applied for a job at Schlotzsky's 620 in Williamson County, I was not hired there, either.

My home address: 11411 Research Boulevard, Wind River Crossing Apartments, Building 3, Apartment 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

From: John McMillan

To: Schlotzsky's Arboretum (with the one total cited E-mail address for Schlotzsky's of "dvasquez@schlotzskys.com"), TRA General Counsel Glen Garey

Sent: Monday, March 17, 2014 11:59 PM

Subject: Fw: 3-16-14 follow-up note to David re: DA's Office investigation

David,

Thank you again for kindly inviting me in recent months to myself write and send you a follow-up E-mail letter (below) about the alleged continuous-and-continuing felony personal-injury-crimes case and the alleged continuous-and-continuing felony anal-rape-crimes-during-my-sleep-inside-my-bolt-locked-private-bedroom-and-bolt-locked-apartment-unit case.

David, did the hopefully-polite request of you and your other people-friendly Schlotzsky's colleagues that I made in my March 16, 2014, letter (below) strike you as fair and reasonable on my part?

Thank you in advance for your very kind reply note on this,

from John Kevin McMillan, an appreciative regular customer in your nice chain restaurant location that's situated a few blocks from the apartment complex where I am a rent-paying tenant and leasee. I might add that I am also a former individual dues-paying member of the Texas Restaurant Association that is headquartered right here in Austin.

My home address: 11411 Research Boulevard, Wind River Crossing,
Apt. 325, Austin, Texas, 78759.
My home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

with a courtesy carbon-copy to Mr. Glen Garey, General Counsel for the Texas Restaurant Association (TRA), who might possibly be willing to confirm that in the past few years, I have myself discreetly shared factual information with that kindly attorney about the cited continuous-and-continuing-crimes case in which I have been and continue to be victimized inside my bolt-locked apartment unit. As a restaurant-industry employee on a continuous basis ever since April 27, 2002, and as a former individual dues-paying TRA member here in Austin, I appreciate the support that the Texas Restaurant Association apparently conveys on behalf of humane living conditions and full and healthful rest every night for all restaurant-industry managers and owners, and, I assume, for all restaurant-industry non-managerial employees as well.

John Kevin McMillan

----- Forwarded Message -----

From: John McMillan

To: Schlotzsky's Arboretum (with the one total cited E-mail address for Schlotzsky's of "dvasquez@schlotzskys.com")

Sent: Sunday, March 16, 2014 11:43 PM

Subject: 3-16-14 follow-up note to David re: DA's Office investigation

To: David Vasquez, General Manager, Schlotzky's Arboretum restaurant, Austin, Texas. Office phone: (512) 338-9494.

March 16, 2014

Dear David,

After paying a friendly visit to your nice restaurant this Sunday night shortly before closing time, I was reminded that I have been promising you for weeks that I will share with you and your people-friendly management colleagues with Schlotzsky's---including Mike and Amanda--- this information (see below) about the personal-injury-crimes case in which I am definitely the victim on a daily and year-round basis.

Thank you again, David, for your kind willingness to accept this follow-up E-mail letter from me about the cited crime case that has been very disruptive to my life and career.

David, I greatly appreciate your kindly-stated support for my legal right to myself sleep alone on my bed inside my bolt-locked private bedroom of my bolt-locked apartment unit without anyone having any physical contact with me of any type and without anyone injuring me or wounding me or raping me or molesting me or harming me in any way.

The prosecuting attorney currently reviewing crime evidence on this case with a view toward himself filing a felony crime charge on my behalf, is: Travis County Assistant District Attorney Rob Drummond.

Assisting him is Investigator Lori Carter of the Travis County DA's Office Public Integrity Unit.

The office phone number for either of those two Travis County District Attorney's Office representatives here in Austin is (512) 854-9530.

The case identification number on this crime case is Public Integrity Unit Case number 9655-13 (see last item, below, for official confirmation on that).

David, if you or any of your assistant managers or any other colleagues of yours EVER at any time sense you might have obtained or received or heard possible information or impressions or rumors or hunches or observations about this crime case that you are willing to share with the DA's Office, I would be very grateful if you would please leave a phone message with Investigator Lori Carter at her office phone number.

(The receptionist at that DA's Office phone number will either connect you to Investigator Lori Carter herself or to her voice mail. Investigator Lori Carter is very polite and very professional, and she is very pleasant to talk with on the phone.)

My hope is that since you work virtually "across the street" from where I live, and since you are very alert and no doubt hear lots of rumors of every type relating to this neighborhood of Austin, you might possibly be willing to call Investigator Carter about this alleged-continuous-and-continuing felony personal-injury crimes case and alleged-continuous-and-continuing felony anal-rape-crimes-during-my-sleep case in which I am definitely the victim on a daily and year-round basis.

David, I wish to emphasize that I do not have any expectations of you of any type on this.

I am offering you this contact information in the event that you or any of your assistant managers or shift leaders or other colleagues might ever choose to call the DA's Office about this case---and the current focus is on alleged possible violation of the state penal code of Texas by one or more officers or employees of the Austin Police Department in a context relating to myself.

With Friendly Best Wishes,

John Kevin McMillan, an appreciative regular customer at Schlotzsky's Arboretum. I'm also a restaurant-industry employee in Austin who was myself worked in one or more restaurants in this metro area on a continuous basis ever since my birthday (April 27) in 2002.

My home address: Wind River Crossing Apartments, 11411 Research Boulevard, Building 3, Apartment 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

----- Forwarded Message -----
From: John McMillan

To: KVUE Television Newstips ; WashingtonPostLettersEditor ; Houston Chronicle Letters to the Editor ; KXAN Investigative Reporter Chris Willis ; KXAN News Director Chad Cross ; KXAN Staff Member Nick White ; KXAN Investigative Producer Joe Ellis ; DMN Editor Bob Mong ; Dallas Morning News Reporter Christy Hoppe ; KEYE TV Pedro Garcia ; KEYE Investigative Reporter Adam Asracusin ; KEYE TV Anchor Judy Maggio ; KEYE Television News (Austin TX) ; DMN ME George Rodrigue ; "news@statesman.com" ; "pgomez@statesman.com" ; "agarcia@statesman.com" ; Daily Texan News Editors ; Daily Texan Editor in Chief ; Fort Worth Star-Telegram Newstips ; Channel 8 News Editors ; Houston ABC TV Station KTRK News Team ; Houston NBC Channel 2 TV News Team ; CBS News Story Ideas Editors ; CBS News '60 Minutes' Editors and Reporters <60m@cbsnews.com>; Dallas CBS Television News Team Channel 11 ; KLRU TV News Editors ; Texas Monthly Senior Editor Pat Sharpe ; Chris Barbee E. C. Community Service Dir. ; San Antonio Express-News Letters to Editor ; Miami Herald Letters to Editor ; WallStJournalNewstips ; Wall Street Journal Exec. Editor Alan Murray ; Harper's Magazine Editors ; NewYorkTimesEditors ; Belo Media CEO Dunia Shive ; TheProgressiveMagazineEditors ; TheNationMagazineEditors ; DenverPostEditors ; Chicago Tribune Newstips ; Boston Herald Editors ; Boston Globe Letter to the Editor ; Boston Phoenix Editors ; USA Today Columnist Chuck Raasch ; CommonwealMagazineEditors ; Rape Abuse and Incest National Network Officials ; Physicians for Human Rights Communications Director Stephen Greene ; New Ulm (MN) Journal Editor ; Fox 7 (Austin TX) TV News ; Fox Television News Editors and Reporters ; Irish Times (Dublin) Newstips ; The London Times Letters to Editor ; The Economist ; Montreal Gazette daily newspaper (Canada) ; Queen's Univ. Institute of Intergovernmental Relations (Canada) ; Dallas - Fort Worth Realtors Association ; Texas Observer ; Texas Observer Editors ; Outback Asst Mgr Nick Burton ; Penn State University President ; Mass.Assn.ofHumanRightsCommissions ; Jesse Valdez ; UT System Vice Chancellor/General Counsel Barry Burghorf ; UT-Austin Institute on Domestic Violence and Sexual Assault ; HumanRightsWatchOfficials(D.C. Office) ; Carter Center for Human Rights ; "humanrts@umn.edu" ; Matt Shands ; Eric Polak ; Rep. Naishtat Chief of Staff Dorothy Browne ; StateSenatorKirkWatson ; State Senator Krik Watson Asst. Yvonne Reynolds ; StateRep.DonnaHoward ; State Rep. Donna Howard Constituent Services Dr. Scott Daigle ; "wendy.davis@senate.state.tx.us" ; "public.information@texasattorneygeneral.gov" ; Texas DPS Office of General Counsel ; Texas DPS Online Services Webmaster ; Texas Tribune Editor in Chief Evan Smith ; Texas Tribune Managing Editor Ross Ramsey ; PortlandOregonianEditorinChief ; Texas Monthly Story-Assignments Editor John Broders ; Yessenia (Denny's Lakeline) ; Aurelio Contreras (Denny's Lakeline) ; TDCJ General Counsel Rep. Patricia Fleming ; TBPP General Counsel Bettie Wells ; Physicians for Human Rights USA Asylum Assistance ; Ellen Goodman Columnist ; DemocraticNatlCommittee ; RepublicanNationalCommittee ; Washington (D.C.) Monthly Editors ; Minnesota Attorney General ; Attorney General of TX Criminal-Law Division Captain Gregory Lucas

Sent: Friday, March 14, 2014 12:17 AM

Subject: re: 3-13-14 reply from Travis County DA's Office re: cited crime case

A respectful FYI to each of you very influential law-enforcement-minded civic leaders, government officials, and media representatives on the following correspondence of mine.

Please note the reply E-mail letter (below) I received this Thursday from a highly-esteemed investigator for the Travis County District Attorney's Office in Austin, Texas, about the cited crime case in which I myself am definitely the victim in Austin, Texas.

Please do not hesitate to call me or write to me if any of you have any questions you would like to pose to me about this very alarming alleged continuous and continuing felony crimes case in which I myself am the victim.

Sincerely and Best Wishes,

John Kevin McMillan, a former full-time newspaper reporter or full-time newspaper copy editor in several states of the U.S.A. (Texas, Florida, Minnesota, and Massachusetts, respectively).

My home address: 11411 Research Boulevard, Wind River Crossing Apartments, Building 3, Apartment 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

----- Forwarded Message -----
From: Lori Carter

To: John McMillan

Sent: Thursday, March 13, 2014 2:45 PM

Subject: RE: 3-13-14 follow-up question for Investigator Carter

Mr. McMillan,

We cannot advise you either way. You may go to the media if you so choose.

From: John McMillan [mailto:mcmillanj@att.net]

Sent: Thursday, March 13, 2014 1:27 PM

To: Lori Carter

Cc: Louis Bratton Attorney; mariela@brattonfirm.com

Subject: 3-13-14 follow-up question for Investigator Carter

Dear Investigator Carter,

Thank you again for your courteous and polite style toward me in your cited role as investigator for Travis County District Attorney's Office Public Integrity Unit.

I appreciate having received your recent E-mail note to me relating to the continuous-and-still-continuing felony-crimes case in which I am definitely the victim during my sleep on a daily and year-round and continuing basis inside a bolt-locked apartment unit that I rent at the Westdale-managed Wind River Crossing Apartments in Austin.

A recent E-mail note (below) to me that you kindly wrote and sent to me cited the identification number of 9655-13 in regard to the criminal-law case your Public Integrity Unit has been investigating.

I am referring to the criminal-law case for which one current total legal issue was directly cited to me on the telephone on Feb. 20, 2014, by Travis County Prosecuting Attorney Rob Drummond during an approximately 35-minute phone conversation I had with him from my home phone inside my apartment. It was a phone conversation, I might add, in which you also participated from time to time from a third phone line in the DA's Office in Austin.

As I anxiously await your Public Integrity Unit's follow-up letter to me about this case that you have kindly indicated to me I will eventually receive in the mail at my home mailing address at Wind River Crossing Apartments, I have one additional hopefully-polite follow-up question for you.

I need to mention that I am a former full-time newspaper reporter in Texas, and I had a very good accuracy record in my reporting for a variety of general-circulation newspapers in this state. Even today, I feel hopeful that I have a very good reputation among many of the news media professionals in Texas and elsewhere.

For that and other reasons, would you mind if I were to share the case number for this cited Public Integrity Unit case and a summary of what this case might potentially entail with a variety of news media organizations and individuals and government agencies that or who have expressed concern to me about my being a victim of crime in Austin?

Thank you in advance for your helpful reply note in response to this one additional follow-up question that I thought would be reasonable to pose to you at this time.

Sincerely and Best Wishes,

John Kevin McMillan.

11411 Research Boulevard, Building 3, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

----- Forwarded Message -----

From: Lori Carter

To: John McMillan ; Rob Drummond Cc: Rob Drummond

Sent: Thursday, February 27, 2014 1:52 PM

Subject: RE: 2-26-14 APD Open Records

Mr. McMillan,

The in-house number assigned to your complaint is: PIU# 9655-13

John Kevin McMillan

No comments:

Post a Comment

Please Leave Your Comments Here.