All materials in this website are the sole property of Richard Peck, Written permission is required for reproduction of any materials. ©1999

Our Lake Lure Real Estate

Recently I published on this website the facts concerning a gross violation of my Constitutional Rights. The original information was placed here to inform local residents of the progress of our case. This whole matter began when we unknowingly purchased a defective home in Lake Lure, North Carolina in 1996. This piece of Lake Lure real estate has become the center of two civil lawsuits, one of which is still pending. When we pursued legal action we were attacked by person(s) unknown apparently in an attempt to stop us. We suffered burglaries, vandalisms, and arsons and the perpetrator(s) eluded apprehension. In August 1999, a Lake Lure Police officer perjured himself and obtained a warrant for my arrest. This officer had been instructed to obtain the warrant by The Chief of Police, C.M. Bustle. I was arrested and jailed on these false charges. The following are the "FACTS" concerning these incidents. I will gladly post a rebuttal from Lake Lure Police Chief Bustle, should he wish to comment. If anyone can disprove the below listed facts I will VOLUNTARILY REMOVE THIS WEBPAGE.

1. August 12, 1999 An Arson occurred at my home, Lake Lure Police did an extremely poor investigation. No search was conducted for a perpetrator. Our suspects whereabouts was never even verified. Evidence had been overlooked, improperly collected, improperly processed and destroyed.

2. August 13, 1999 We complained to town councilperson, Carolyn Cobb about the police investigation of the arson that occurred at our home. We were advised to think before making this a formal complaint.

3. August 14, 1999 approx. 9:00am We advised town councilperson Carolyn Cobb that we would file a formal complaint regarding the police officers that investigated our fire. We were told that Police Chief Bustle would have to immediately be notified of the complaint. Obviously he was notified.

4. August 14, 1999 aprox 1:28pm, not even 5 hours after making the complaint, The officer we complained about, Sgt. Hester obtained a warrant for my arrest. The warrant was obtained by the falsification of the facts, I had not committed a crime. This officer later testified in court that he had been instructed by Lake Lure Police Chief Bustle to obtain this warrant. The warrant was for "communicating threats", the victim of this alledged crime was the person we told police we felt was a possible suspect in the arson of our home. In later court testimony Officer Hester stated "I went and, huh, secured a warrant for communicating threats, on Mr. Peck". Officer Hester testified that he obtained the warrant without even having spoken to the alleged victim, yet the warrant stated that the person threatened, believed the threat would be carried out. We feel the warrant was obtained to prevent us from further action regarding our complaint against the police department. They were successful, as this complaint was never investigated.

5. August 14, 1999 approx. 5:15pm I was arrested at my home by the Lake Lure Police, Sgt. Tullis, and transported to jail by the Rutherford County Sheriff's Department.

6. Nov. 17, 1999 After 4 court appearances this case was dissmissed by the judge, basically because the police had lied, there had been no crime committed. The officer had perjured himself when he swore to the facts of the arrest warrant, and "they got caught".

7. Nov. 26, 1999 only nine days after the first case was dismissed, I was again arrested by Lake Lure Police Officers Hooper and Smith (aka Villazon) and taken to jail by the Rutherford County Sheriff's Dept. Again the charge was "communicating threats". The alledged threat "saying go ahead and call the police because you are going to need them". This time a neighbor had signed a false warrant. It was later learned that The Lake Lure Police Chief had contact with, and convinced the Magistrate that I had threatened the victim. The arresting Police Officers, Smith (aka Villazon) and Hooper were told by Chief Bustle, that he had nothing to do with the issueing of this warrant. Chief Bustle had LIED to his officers!!! Officer Hooper has since resigned from the Lake Lure Police Department.

8. In a memo to the town council and the mayor of Lake Lure, Police Chief Bustle "states as fact" quoted from Bustle's memo "No assistance was provided in obtaining the second warrant; this warrant was issued upon the independent finding of the magistrate". Bustle did assist when he contacted and convinced the magistrate that I had in fact threatened the alledged victim. Basically this had been Malicious Prosecution by Police Chief Bustle, in my opinion because of the prior case having been dismissed. Chief Bustle had no personal knowledge of this incident, yet he spoke to the Magistrate in regards to the allgeged threat. Chief Bustle knew early on in the first case that I intended to pursue civil action, and that I had sufficient cause to do so. We feel the second arrest was made in an attempt to prevent us from filing civil action on the first case. Police Chief Bustle also had lied to town officials in his Memorandum of April 12, 2000.

9. Whether or not the charges were dismissed, you must remember that my freedom was removed, I was hauled off to jail twice. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In the first case I was under a restraining order from August through November. The second case also had a restraining order as part of my bond, MY FREEDOMS HAD BEEN REMOVED.

10. September 9, 1999, My wifes store in suffered an arson. Much of our inventory had been both smoke and water damaged. We were forced to relocate the business in order for the building to be repaired. We had no insurance to cover any of the damages resulting from this fire. It is our belief that if the Lake Lure Police had even made an attempt to investigate the arson at our home, the arson at our business would never have occurred.

In North Carolina a person convicted of "Communicating Threats" is stripped of his 2nd Amendment Rights. He or she may not own a firearm. These police officers know I am a sportsmen, gun owner, as well as a person with a very strong opinion concerning the 2nd Ammendment. I also act as a North Carolina Wildlife Service Agent at my General Store. We issue vesssel registrations as well as hunting and fishing licenses and we are very concerned about local hunting and fishing regulations. I am NOT a "cop hater" , I am a former police officer. I have no criminal or traffic offense record. I am currently and have in recent years been an associate member of the Fraternal Order of Police. I also have donated the use of my store to the Western North Carolina Justice Academy, to use in their police officer training courses.

The only issue here, is an out of control police department, that has violated a citizens constitutional rights. The administration of this town and police department are wrong. I personally know that I am not the only victim of police harassment in this town. I am however the only one who has chose to bring it to the public. I am fighting back!!! We hope that soon, others will join us and assist in bringing Honest, Moral, and Ethical Law Enforcement back to The Town of Lake Lure.

We have suffered a great injustice from our local police. These corrupt police officers have harassed us for one year now. There is much evidence of this corruption, but I have tried to make this as simple to understand as possible. It appears that the only way for us to seek justice in this case is to file a civil lawsuit against the Town of Lake Lure. Town Officials have refused to investigate this matter. August 14, 2000 is the end of our statute of limitations to file a civil suit rgarding this matter. Until such time as this matter is legally resolved this webpage will remain here to tell others of this abuse and misconduct.

I hope and pray that in the near future the truth is found, as our family has been tortured enough both by a criminal(s), and our local police department.

Lake Lure Noth Carolina