AFFIDAVIT OF Melody Gillespie IN SUPPORT OF CONTEMPT OF COURT

I, Melody Gillespie, do hereby declare:

On or about Friday, May 28,2010, at approximately 0745 am I arrived home from work to find my dog, a small terrier named Jasper had been shot with a 22 rifle while the animal was on a tether. He had just been shot shortly before I arrived home from work. Affiant fully believes The dog was close by

that Nicklas Hoffman shot Affiant's dog himself, or ordered it be done.

the fence between the Hoffman home, but on our side of the fence, see attached pictures. This is not the first time Nicklas Hoffman has shot one of our dogs with his 22 rifle. On

August 1,2008 at approximately 2:30 pm I witnessed Mr. Hoffman shoot a small dog of ours, a welsh-corgi mix, named Nacho, with the same type of22 rifle, that Jasper was shot with. attachment A incorporated herein by reference as iffully set forth) My husband, Courtney (See

Gillespie was awakened by the gunshot and met Affiant when Affiant arrived home from work. Affiant works the hours of eleven pm to seven am. Mr. Gillespie informed Affiant that Jasper had been shot. Mr. Gillespie had to get dressed and take Jasper to the vet. Because it was an

emergency, it took Mr. Gillespie most of the morning to find a vet that would take Jasper on an emergency basis. The vet said that the bullet had broken several ribs and had done unknown We had to have Jasper put to sleep, or he would have lived a few From where Jasper was located, someone from the Hoffman Affiant witnessed that Mr. Hoffman was at home at the time.

damage to his internal organs. more hours in agonizing pain.

residence had to have shot Jasper.

Mr. Gillespie had to go to work after taking Jasper to the vet, and therefore notified the sheriff the next day and showed the officer where Jasper was when he was shot and gave him the vet's death certificate. Just prior to the officer coming to our home, Affiant and Mr. Gillespie

saw Nicklas leave out of his gate, and take off down the road at approximately 10:00 am on Saturday, May 29,2010. Because Mr. Hoffman was not at home when the officer came to the The officer was going to be away for the next 2 When the

house, the officer was unable to talk to him.

weeks and was not able to question Mr. Hoffman at the Hoffman residence until then. officer did question him, Mr. Hoffman denied being at home.

Affiant did observe Mr. Hoffman

to be at home when the shooting took place and he did not leave until the next day. This is

sheriff's case number 10-6443.

The report was taken by Ofc. D. Linares.

On or about May 27,2010 at approximately 9:00 pm, the same day as the court hearing about the TRO, in which Mr. Hoffman told the Hon. Lloyd Hicks he could leave the Gillespies alone, he posted a computer generated note on the gate of the Gillespies' residence, which stated: "Today the judge offered us mutual restraining orders. I don't want to lose my rights and I really have no desire for you to lose yours. I will not file for the restraining orders against you tow, unless you first file against me. It is up to you. Please go in peace. End this war now and receive God's blessings. Live in your own house and enjoy the fruits of your labor ..... Blessed are the peace makers ..... " The next morning, when I returned home from work, my little tethered animal was shot by someone from the Hoffinan household and had injuries so bad he had to be destroyed. Gillespies were never aware of any war. The

After receiving this note and by observation of Mr.

Hoffman's behavior, the phone calls he makes, when we pick up the receiver, no one answers, and the phone number is his, from the communications he has left the neighbors about us, it is apparent he has declared war against the Gillespies. The Gillespies do not want a war, only to

have Mr. Hoffinan properly fulfill the contract, properly ledger the account and divide the property.

I declare under the penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct.

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Melody Gift.Jpie, Affiant

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Jurat
State of California County of

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proved to me on the basis of satisfactory evidence to be the persony{who appeared before me.

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ATTACHMENTS FOR AFFIDAVIT OF 5-28-2010

A. VET BILL FOR CORGI SHOT IN AUGUST2008 B. DEATH CERTIFICATE OF JASPER

Sierra Veterinary Center

Charles P. Albers. D.V.M.

I9i1adv~ IfPage1/1

P. O. Box 1766 661 South Plano St (street) Port8nIiHe. CA 93258

(559) 784-8387

Melody CastillO

Client 10: 9917 Invoice

POBox438
Springville. CA 93265

#: n559

Date: 8/112008

Patient 10: 9917.2

Patient Name: Nacho

Spec:Ies: CANINE Breed: WELSH CORGIIMIX

lNeight
Birthday: 0010OIOOOO

5ex:MaIe

Description
81112008 8/112008 8/112008 8/112008 8/112008 8/112008 8/112008 8/112008 Office Call1ExaminatiOn wlProc.ffrml 5edation w/ reversaI- 0-20 Ibs. add. inhalational anesthesia Laceration Repair Injection - inpatient Hospitalization - Procedure/Observation ZUOOn(tepoxalin) 100 mg tablet cefpodoxime (Simprrcef) 100 mg

Staff Name Dr. Charles P. Albers D.V.M.

Quantity
~.OO

Total

1.00 1.00

2.00 2.00 1.00

10.00 10.00 .

$45.00 $30.00 $16.00 $0.00 $26.00 $10.00 $13.70 $18.20 $158.90

Patient Subtotal:
Instructions

Your pet received general anesthesia today. He/she may be sedated from the anesthetic for up to 24 hrs. and should be kept confined in a clean, dry, and warm area-until fully recovered. Restrict water intake for 4-6 hrs and withhold food for 12 hours. For your pefssatety,helshe was intubated ( an endotracheal tube placed in the throat for breathing ) and may cough or gag due to irritation from this tube - this is normal and usually self-limiting. If you have any concerns, please telephone our office. Your pers laceration(s) was cleaned and subJred. Observe the area for abnormal swelling or redness. develops, please call the hospital. Suture removal should be performed in 10-14 days. If a problem

Your pet has been prescribed an antibiotic for administration at home. While rare, some reactions and side effects can occur. If your pet develops loose stools. vomiting, a rash or skin irritation, or other symptoms, discontinue the antibiotic and telephone our office. .

Invoice Total:
Total: Balance Due: Previous Balance: Balance Due: Check Check#: 1003:

$158.90 $158.90

$158.90
$0.00 $158.90 ($158.90) ($158.90) $0.00

Less Payment

Balance Due:

SOAP: GUNSHOT? Doctor: DAVID G. IMBACH, DVM Courtney Gillespie 1831 Lime Porterville CA 93257 Ace. No: Phone:
Subjective:

ALL CREATURES

PET CARE CENTER Date: OS/28/2010

41381 (559)788-0630 (559)360-6789

Patient: Species: Breed: Color: Doctor:

JASPER CANINE Mixed Blonde

DOB: Age: Sex: N/A ML

Tag:
Weight:

(JW): O concerned

pet may have been shot by neighbor approx. 1 hour ago. AWBU: Has been

norm. No vomit or diarrhea. Not currently on any meds. Feeds co

Objective:

Temperature Heart Rate Resp. Rate MM/CRT Hydration Attitude Body Score Pain Assessment

102.7 norm rapid sl dyspnea

pink/1-2sec ok bar

3
2-3

General appearance painful Eyes Ears Integumentary soft tissue wound L lat thrx Musculoskeletal L fx ribs Circulatory Respiratory sl dyspnea Digestive Genitourinary Neural system Lymph nodes Mucous membrane Other wound L lat thx

Anomalies R lat lumbar Normal Normal Anomalies Anomalies Normal Anomalies Normal Normal Normal Normal Normal Normal

noted

noted noted

R lat lumbar

noted

Assessment:

Differential:

Wound, soft tissue-severe Wound, gunshot

Plan:

OS/28/2010 OS/28/2010

Examination,

Emergency Small Done DAVID G. IMBACH, DVM

Euthanasia/Disposition, gave est

ree tx and xray

owner opted euth

Printed May 28,2010

at 11 :06 AM

End of Report

Page 1

PICTURES IN SUPPORT OF AFFIDAVIT FOR 5-28-2010