About Me

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Paola, Kansas, United States
I filed October 8TH, 2013 and became a Candidate for Kansas Governor for the 2014 Election. I also became a Republican. Feel free to contact me. @HerbertIII on twitter. west.herb@yahoo.com , 21817 W. 351st, Paola Kansas 66071. http://herbertwest3rd.blogspot.com/ These websites are being used as an "In Kind Contribution", as they are mine and free through Google Blogger. See "Fair Market Value" at the, Kansas Governmental Ethics Commission's webpage. Posted by Herbert West III Campaign Treasurer for, Candidate for KS Governor 2014, Herbert West III, (R). E.I.N. 80-0953936.

Saturday, July 3, 2010

Yea, I did it again.

I filled out an, "Appointment of Treasurer Form", and became a candidate for Sheriff, here in Miami County Kansas. The next election is in 2012. I started early to give people a place to keep up with the corruption and the disappointments in the Miami County Governance. As you may remember, Sheriff Kelly's kids have always been in trouble. He refused to disclose a lot during the 2008 elections. Currently one of Paola P.D.'s Cop's is in the Johnson County Jail, on a $One Million Dollar Bond for "Indecent Liberties with a Minor". See the earlier post below. She is just 4 years old. I have always shown and stated, "The street personnel are pretty workable. It is the upper brass that seems out of control". Some of the street personnel are corrupt. The majority of them do their job the right way. I am working on ways to get proper protocol implemented back into the Administration at the Sheriffs Office. Kelly approaches cases with a few questions, 1. "Are you Catholic"? 2. "Are you with the Knights of Columbus"? 3. "Are you affiliated with any other organization or group who's board he sits on"? 4. "Are you white"? The Deputies look at 2 questions. 1. "Is the situation civil or criminal"? If it is civil, they usually, cannot advance any further. If it is criminal. They then ask, "What level of criminal is it by the circumstances"? They don't view or use, religion, ethnic background, sexual orientation, organization membership, gender etc:.. into looking into the situation. I will keep you all updated and I am available at,
west.herb@yahoo.com
http://herbertwest3rd.blogspot.com
1-913-294-9375

**Update** **July 07, 2010**

Look at my other post site:..

http://wen2k.com/tell.php?Id=4771

I have a lot of information against Kelly and his corrupting life style.

**Update** **July 08TH, 2010**

Lets look at some info on Sheriff Kelly:..

http://wen2k.com/tell.php?Id=4278

http://wen2k.com/tell.php?Id=4728

Sheriff Kelly's son, Kyle Kelly's case, #2008CR-000172

http://www.republic-online.com/200902111384/news/miami-county-news/burglary-sentences-enforced.html

And please remember:..

http://wen2k.com/tell.php?Id=2307

**Updates** **July 13TH, 2010**

1. Bigots parade and utilize the Johnson County Law Enforcement to send a message to Latinos, Blacks and Non-Whites!

During Kris Kobachs joke of a meeting in Overland Park tonight a mysterious package pops in and a Latino Cop demands everyone move south and away from the meeting. Yea, everyone was ordered away from the White Supremacist and the KKK. They used the Johnson County/Overland Park resources to pamper a Bigot named Kris Kobach and a fellow Bigot Sheriff Arpaio. Why did they use a token Latino cop to move everyone south away from all the honkies? I thought I knew Betsy Webster better than that. She covers the news, but she sure allows alot of bull shit also!

Lets review Kris Kobach and his bull shit further. He is a White Supremacist and wrote the Immigration Law. Lets let Dennis Rader write the new Laws on women's rights. Yea, the serial killer could advise women on their rights and the Government could pamper him in using his skills! Hell, lets call Chris Hansen and use some of the,"To Catch a Predator", perverts to write child laws. There are some model citizens in that bunch alright!

2. I also had a further taste of the corruption in Miami County Kansas over the last couple of weeks. I traded my van for a 1994 Mercury Sable station wagon. The next day the transmission shut off. I called 7 Highway Auto Salvage, where I got it, and they was supposed to pick it up and fix it themselves. Then they sent it to 169 Auto Parts in Spring hill Kansas. Then 169 Auto Parts put a mechanics lean on the car and never touched it. They then offered to buy it from 7 Highway Auto Salvage. I had just titled it in my name. The Deputies at the Miami Sheriffs Office got my car back for me. These Salvage yards are buddies with Sheriff Kelly. I commend the Deputies and the Sgt. for doing the right thing. The case# is 2010-1874, with supplements. Call 1-913-294-4444. Come to find out, the transmission filter is plugged and will cost me $30.00 to fix.

**Update** July 18TH, 2010**

O'reilly's Auto Parts in Paola Kansas sold me the transmission filter. They also recommended I flush the transmission after it continued to mess up. You cannot flush this type of transmission. I further had them code my car with their machine. It read that I had code #111 and #648. The Temperature Control Module is bad and their machine did not read that. This caused further damage to my transmission. Now I need a $2,000.00 transmission instead of a $131.00 TCM. They also had me shim my starter on my new flywheel/ring gear on my truck. That broke the teeth off of my flywheel. Now I need $1,000.00 in parts and labor to fix my truck. I will be asking O'reilly's corporate to investigate. I feel these actions were in retaliation for the original problems I filed on. The same employee did all these actions as stated. The other O'reilly's stores in the Kansas City area verified he breached company policy. We will see what happens.

**Update**** July 20TH, 2010**.

The regional manager went on vacation to Canada. I was supposed to await his return. I called O'reilly's legal department. I am still on hold awaiting an answer. In my discussions with the legal department I was told they deal with customer complaints all the time. I suggested that they place a disclaimer on all their stores doors. "WARNING, O'reilly's employees are not allowed to give mechanical advice. Do not listen to them. O'reilly's is not responsible if their advice breaks your car, or doesn't work". That would be a matter of disclosure.

Then this is posted, "POST".

**Update** **July 22ND, 2010**

Eugene in the Legal Department at O'reilly's has not responded back yet. My truck won't start, my car is extremely sluggish in low and barely has second gear. I use it in town to get food. Eugene is at 1-417-829-5863. I also updated and faxed the Kansas Department of Revenue yesterday, requesting they investigate.

I also e-mailed the Missouri Attorney General and pre-filled out a consumer complaint form. I will be getting a packet in the mail and am following up with that packet soon. I received back a confirmation number, { #358939 }, received on/at 2010-07-22 15:50:03. O'reilly's transferred my complaint to Arizona at, 1-877-808-0698.

**Update** **Aug. 2ND, 2010**

Well it looks like O'reilly's has a Corporate Lawyer. A private lawyer would cost me $150.00 an hour. So I will just post, update and hit the streets letting people know what happened so they can protect their cars. Go to http://www.pissedconsumer.com/ if you want to check up on O'reilly's Auto Parts or any other company/business. It is free! Check out these opinions and comments, "one", "two", "three".

3. The Kansas Legislature changed the financial parameters for county and city campaigns for office. It is now $500.00 maximum total contributions from each individual or company, instead of the $1,000.00. This last Legislative session was a bitch! They really screwed up a lot of stuff. They overrode, "Home Rule", And "Home Rule", read Section 5. They screwed up the County/City election guidelines, and did not even tell us. They really suck!!

**Update August 3RD, 2010**

I was mistaken. The County Election Contribution levels have not changed. I read the K.S.A. wrong. It is K.S.A. 25-4153 {2} then type in 25-4153 in the statute number window.

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**Update August 08TH, 2010**

I sent out an e-mail yesterday to my mailing list. I will retype the e-mail here and I will type out the attachment I sent with the e-mail.

To: Whom It May Concern:..

"Presumptive Vacancy"? How filled? K.S.A. 19-804 Sheriff Kelly did refuse to collect D.N.A. from his son Kyle Kelly, in 2008 when arrested on 8 Felonies on/or after July 1ST, 2008 per K.S.A. 21-2511 Section (2). On or after July 1ST, 2008, except as provided further, any adult arrested or charged or juvenile placed into custody for or charged with the commission or attempted commission of a Felony, a subsection (a)(1) of K.S.A. 21-3503; a violation of K.S.A. 21-3508; a violation of K.S.A. 21-4310; a violation of K.S.A. 21-3424; and amendments thereto, when the victim is less than 18 years of age; a violation of K.S.A. 21-3507; and amendments thereto, when one of the parties involved is less than 18 years of age; a violation of subsection (b)(1) of K.S.A. 21-3513; and amendments thereto, when one of the parties involved is less than 18 years of age, a violation of 21-3517; and amendments thereto, shall be required to submit such specimen or sample at the time of such person is fingerprinted pursuant to to booking procedure.

These statutes were not followed. Kyle Kelly's D.N.A. for case #2008CR-000172, and Timothy Lopez's D.N.A. were not collected on felony arrests after July 1ST, 2008, by statute. I demand "DUE PROCESS" and the collecting of their D.N.A.! I further demand the removal of Sheriff Frank Kelly from the position of Sheriff for "Dereliction of Duty and Maleficence", as committing, "Obstruction Legal Process or Official Duty", K.S.A. 21-3808
Basically Sheriff Kelly buried his sons case, #2008CR-000172, during the 2008 election when I ran against him for the position of Sheriff in Miami County Kansas and he did further, Obstruct Justice, with "Malice and Maleficence". Please read the attached, below. I am requesting that the Republican Party be notified in Miami County Kansas, under "Presumptive Consideration, presuming the position will be vacant, and appoint me, Herbert West 3rd to the position of Sheriff. As a candidate for Sheriff in the 2012 election cycle, I respect that I must run in the 2012 election to retain the position of Sheriff, as described in the statutes above. I came in second in 2008. He told lies, I told the truth, withheld information during the election, committed felonies, and should be removed from duty. His Under-Sheriff Mark Schmidt, stated, "If you don't like being called a SPIC and treated like one, move out of their county". He did this to me in person on "Good Friday", at the Sheriffs Office. All these actions are unbecoming and are grounds for dismissal from public service.

I will be changing my party status on Monday August 10TH, 2010 to Republican. That is the majority of voters party affiliation here. I respect that the party has the right to preserve their appointment rights if anything was to happen to me if and when appointed by them under "Presumptive Vacancy". If you have any questions feel free to contact me at 1-913-294-9375 or e-mail me at west.herb@yahoo.com

Herbert West 3rd, Candidate for Miami County Kansas Sheriff, 2012.

**ATTACHMENT**

Lets reflect on the Corruption and the games being played by Sheriff Kelly and Franklin County Attorney Heather Jones. Frank Kelly's son was scheduled for a hearing at 1:15pm on Oct 16TH, 2008. I went to the hearing, it was a joke. Mary Stephenson, a Louisburg City Judge and a Law partner of Paola City Judge Shelia Schultz, where the 6 too 8 felonies were committed, got him a "Status Continuance" until Nov 21ST, 2008. Jones did not even show up for the hearing. She sent over her assistant, Assistant Franklin County Attorney Will Hurst. He refused to object and stated, "He was not familiar with the case enough to object to the status request as he just got the file from Franklin County Attorney Jones, the Special Prosecutor". She as the states represent, refused to enforce the D.N.A. collection per K.S.A. 21-2511, to the best of my knowledge. She has refused to properly prosecute this case, as far as I care. She wastes Franklin County Tax dollars as a favor to a corrupt Sheriff in a different county, than her elected authority. She was elected to represent the citizens/voters of Franklin County. She utilizes their resources to and tax money to facilitate a defense for Sheriff Kelly's at Franklin County's expense. What to do? Remove her! How, when a vacancy occurs the vacancy will be filled by the Governor in accordance to K.S.A. 25-3902 and Amendments thereto. When a vacancy occurs the District Judges in the Judicial District, District-4, will appoint a temporary person to function at the same capacity and qualifications as the elector. The temporary elected will have the same powers, functions and duties as an Elected County Attorney. A person appointed as temporary county attorney shall be an elector of the same party as their predecessor. How to get this into play? "Write-In" the name of your choice for Sheriff in the blank line instead of her for County Attorney. Whomever gets the most votes would win the position. If it is one of the Sheriffs Candidates, the canvass will show this and activate K.S.A. 25-3902. You as voters would have removed Heather Jones and she cannot be re-appointed over your wishes. If you feel she is wrong for the abuse of your tax money and her elected position, remove her. If you feel she should be allowed to abuse your tax money and she is allowed to assist in corruption at your expense by tax and resources, vote for her. You can read these and all statutes at http://kansas.gov Then go to the Government Icon. Then click onto the Legislature Icon. Then click onto statutes. Type in keywords or the statutes number. Take back your "County Attorneys Office'. The County Commission refused to allow me to address this concern yesterday at the Oct 22ND, 2008, County Commission meeting. I was escorted out by the Franklin County Sheriffs Office, "ILLEGALLY", per District One Commission Chair, Sue Farrel! Gene Hire, candidate for the 2ND District Commission seat, witnessed this and I have communicated with him. He is a very kind and committed man. I endorse him and express this to you, the voter. He is what Franklin County needs. Herbert West 3rd, Candidate for Sheriff, Miami County Kansas and "Write-In" hopeful for 12TH Dist. State Senate and 6Th Dist. State Representative as expressed and or published. www.HerbertWest3rd.com

I had sent this on Oct 23RD, 2008 to everyone, to include Franklin Counties Government. If the Attorney General appointed Heather Jones as "Special Prosecutor, it would have been current Attorney General Steven Six, who took Office January 2008. Either way, she was not eligible to be a, "Special Prosecutor", out of her District, on the Kyle Kelly case in Miami County Kansas. She is a District Attorney in the 4TH Judicial District, K.S.A. 4-205 . Kyle's case was in the ^th Judicial District , CLICK THE LINK>> http://www.kslegislature.org/li/b2011_12/statute/004_000_0000_chapter/004_002_0000_article/004_002_0007_section/004_002_0007_k/

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**Update** **August 9TH, 2010**

As stated above in this blog posting, I became a registered Republican today. I went into the County Clerks Office in Paola Kansas and changed my voter registration status to Republican. I still feel the Republican Party has the right to preserve their appointment rights when filling vacancy's, if and when, the situation were too arise. I also am declaring that the majority of the voters in Miami County Kansas are registered Republican Voters. If you have any questions feel free to call me at 1-913-294-9375 or e-mail me at west.herb@yahoo.com Thanks as always.

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**Update** August 9TH, 2010**

Walmarts Manager Dustin Lansdown messes up. Read up on this, "CLICK HERE".

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**Update** August 11TH, 2010**

I received more stupid interactions again. Read these, "ONE", "TWO".

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**Update** August 11TH, 2010**

Illegal gambling returns to Paola Kansas. On September 13TH, 2010 the Paola Chamber of Commerce plans on conducting another illegal gambling night. They are demanding a ticket purchase for food. They are serving food from 5:30PM until 10:00PM. If you don't buy a ticket you cannot enter the building. Gambling will be going on the entire time. As long as food is on the tables, you cannot enter for the "so-called' "FREE" gambling? Yea, "Black Jack, Poker, Roulette, and Craps", will be played. All defined as, "ILLEGAL GAMBLING", by Kansas Attorney General Steven Six, and Judge Timothy G. Lahey, as well as the Kansas Racing and Gaming Commission, and K.R.G.C.. I found the contact information to the City of Paola Kansas also. I suggest that everyone consider who they vote for in November. Attorney General Steven Six has refused to intervene for quite awhile now. He doesn't deserve to be elected. He is a thief! See http://kansasgovernorcandidateissues.blogspot.com/2009/10/still-no-responce-or-investigation.html

If you take the time to surf my websites here, you will see a long list of problems and a long list of Government Employee's looking the otherway.

Herbert West 3rd, Candidate for Miami County Kansas Sheriff, 2012.

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**Update** **August 13TH, 2010**

"Open Auxiliary Booster Organization" .

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**Update August 17TH, 2010**

On Friday August 13TH, 2010, I was illegally evicted from my home. I was told verbally to be off the property in 5 minutes. This is all in retaliation for my posts on these websites and on the charges I filed on Al Massoth, my landlord for 2 counts of phone harrassment. They was in retaliation for my complaints when he called me a SPIC and tried to evict me in August 2009. The State refused to pursue H1362-10 through the Kansas Human Rights Commission. Read up on this at "I see bigots please advise on my other webpages here. David Hager is the County Councilor and I have not heard back from him. I filed with S.R.S. Kansas Social Rehabilitaion Services to review this as "Catastrophic Displacement". It is illegal to steal my proprty and displace me in 5 minutes without Due Process in the courts. I am on a library computer and need to keep this short. I am living outside until I can get things fixed. I am still a candidate for Sheriff and I refuse to allow them to stifle the peoples voice. Consider what you would lose if you stood up for your rights. If you want change, stay in touch.

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**Update August 20TH, 2010**

Well get this. The County Attorney allows retaliation by the City and County Government against me for filing a suit against Al Massoth, my landlord. The case# is 2010CR-000115. I was Illegally evicted in 5 minutes on August 13TH, 2010. I was not served a court date or issued a citation. I was "Catastrophically Displaced" from my home and my Campaign Office. I was and am still displaced from all my personal property. For a background on, my bigot landlord read, "THIS LINK", and "THIS LINK". There is a legal process to facilitate evictions. Retaliation is not a legal form of eviction. I am filing a letter on Monday with the District Court in District 6 explaining how, David Miller, the Miami County Attorney is in Contempt of Judge Harths Orders. The status hearing is scheduled for Sept 2nd on the case# 2010CR-000115. He is representing the defendent and obstructing my victim rights. I am hoping that the Municipal Bonds for the City of Paola and the County of Miami are removed. They are both corrupt. I will be keeping up with this the best that I can. Being homeless is a hard way of living and sets up a hard way of communicating. Eitherway, I refuse to allow the City and County to decide the election. I refuse to allow the corrupt Sheriff to continue unannounced in his corrupt measures. Please, continue to contact the media and continue to keep an eye on the City and County. Please keep an open mind and keep in touch with me the best we can.

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**Update August 22ND, 2010**

I will be serving this following letter to Judge Harth on Monday August 23RD, 2010.

To: Judge Amy Harth
6TH District Court
120 Pearl Street,
Paola Kansas, 66071

Judge Harth, as of August 13TH, 2010, I was illegaly, "Catastrophically Displaced", from my residence and my campaign office in retaliation for filing on case#2010CR-000115. David Miller has refused to protect my interest in this case as the victim. I consulted with Marshal Cruthers at 1-785-296-2256, www.info@kscourts.org, and was advised to file a letter, in regards to my concerns, asking that David Miller be removed from the case and that a "Special Prosecutor" be appointed. Marshal Cruthers is with Judicial Administration. I hope you can see where the extenuating circumstances would allow for an appointment of a "Special Prosecutor". David Miller is in contempt of your orders by allowing maneuverability on the case, 2010CR-000115, before the status hearing scheduled Sept. 2ND, 2010, Secretary Of State Chris Biggs is aware of the situation. I had/have also previously filed a Federal I.R.S. Form 13909 and a I.R.S. Form 3949a against Al Massoth for 21 years of Federal Tax Evasion. I filed these about 6 months ago at www.eoclass@irs.gov. David Miller refused to disclose that Al Massoth did not list the income from the illegal boarding house on his paperwork for a court appointed lawyer. Feel free to read up on all of this at http://www.holyshitmiamicountykansas.blogspot.com/or http://herbertwest3rd.blogspot.com/ I am asking for Richard Fisher to be appointed, "Special Prosecutor". He is "Impartial and Fair". He presents with a, "Just Demeanor", in accordance for respect of the law and those it governs". I am hoping that an injunction can be filed on the "Catastrophic Displacement", unlawful 5 minute notice of eviction, to secure your status hearing order and secure my victims rights. Please further reference Eviction Jurisdiction . The County Commissioners and City Council did function as "Justices of the Peace" after the repeal of K.S.A. 12-754 , "Growth Zone", 803 S. East Street is in an Incorporated area not an Unincorporated area, in regards to jurisdiction. The eviction is a city eviction, not a county eviction. It is "Double Jeopardy" to refile on this matter. This further proves my announcement of retaliation. I hope you consider I am living outside in a field on a sleeping bag and have lost all my personal property as well as my campaign for Sheriff functionability. I was further retaliated against because I asked for a review of case#2008CR-000172 were Sheriff Kelly refused to collect D.N.A. on his son. See K.S.A. 21-2511 , in conjunction with case#2008CR-000172. See also K.S.A. 21-3808. Sheriff Kelly, "Obstructed Process". In this he committed a Felony and this was during the 2008 election cycle for Sheriff. His votes are, "DEAD VOTES". He was in the commission of a Felony and this makes him inelligible to run for or except the position of Sheriff. I won the election.

Thanks again,


Herbert West 3rd,
803 S. East Street,
Paola KS, 66071.
Candidate for Sheriff,
Miami County Kansas, 2012.
west.herb@yahoo.com
Victim in case#2010CR-000115
1-913-294-9375

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*Update* *August 24TH, 2010**

As to the "Justice of the Peace", the County Commissioners and the City Council appointed a Judge to sit on the zoning complaints. The Judicial Society is who appoints judges. The City and County are abusing the above mentioned "Growth Zone", by illegally declaring "Unicorporated Jurisdiction on Incorporated" addresses. The reason?? The Municipal fines are 4 times greater than the Uniform Fines. The State gets 10% of both fines. If a County fine is $70.00 the the State gets $7.00. If the City fine is $400.00 then the State gets $40.00. So far the Miami County Republic has refused to mention that I was illegally "Catastropically Displaced". They refuse to expose the corruption going on. Judge Harth and the 6Th District Judicial Society, have not moved on my request for a, "Special Prosecutor". I have been threatened with arrest if I try to regain my personal property or my Station Wagon, and my Truck. I was "Home Invaded" and had 2 Vehicles stolen by the City of Paola at Gun Point by the Miami County Sheriff's Office. Please look at your property and consider what they will do if you decide to stand up for your rights. Please remove any and all of those up for election this year. Please stand up and demand they stop the corruption.

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**Update* *August 25TH, 2010*

Look at K.S.A. 19-817. You can call Secretary of State Chris Biggs to confirm the eligibility requirements to run for Sheriff. He is at 1-785-296-4564. His e-mail is sos@kssos.org The Kansas Governmental Ethics Commission is at 1-785-296-4219. The Miami County Clerk is at 1-913-294-3976. I am still a candidate for Sheriff and I am still a resident of Miami County Kansas. I have to sleep outside right now because of the "Catastrophic Displacement", from August 13Th, 2010. I will get another disabilty check on Sept 3Rd, 2010 and will be trying to secure my truck back by then and will be spending $700.00 to get it fixed. Until then, please look at all the actions and the laws being broken. That is what is important. So far Judge Harth has refused to look at, "Contempt's", in her orders. I will be updating Judicial Adminsistration on those matters. I will try to get to the library again tomorrow to update everyone. Thanks for your patience and understanding.

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*Update* *August 26TH, 2010*

Reflect on K.S.A. 19-826 I am still upset and I will keep updating the best I can.

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This website is being used as an "In-Kind Contribution" for Herbert West 3rd, Candidate for 2012 Miami County Kansas Sheriff, free of charge.

P.S. The comment section is messing up. I will try to fix it. You can comment anywhere else you feel you want to comment and I will try to give reference to that post/links comment section. Sorry for any inconvenience.

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I have since stopped being a Candidate for Sheriff. I quit about one too two month's ago.

Here are some updates to this file./post. My Car Report. CLICK HERE