Each person who wants to sign, should be given a copy of the petition and they may put their own comments on the signture page and would have the ability to give their opinion or give a personal account or victim's impact statement.

I must receive those signature pages by December 30, 2008, for me to be able to package them up and send them to the court in time to be considered for the January 5, 2009 sentencing hearing.

Please fax all signature pages to me at 208-926-7554 or 303-530-3157.

Signature pages may also be scanned and emailed to me at hoytlaw@hotmail.com.

Of course, any person who wants to write their own letter instead of signing this petition and submit that letter directly to the court is welcome to do so.

If anyone has questions I can be reached at 208-983-0212 or 208-926-7553.

A special thanks to each of you for all the hard work and concern you have shown for David.

Warm regards,

Wes Hoyt

UNITED STATES DISTRICT COURT

DISTRICT OF IDAHO

UNITED STATES OF AMERICA,           )

                                      Plaintiff,               )     Case No. CR-07-0182-BLW

                                                                   )

vs.                                                               )     COMMUNITY VICTIMS’

                                                                   )    PETITION FOR UPWARD

ELVEN JOE SWISHER,                         )              DEPARTURE

                                     Defendant.           )     

                                                                  )

______________________________________________________________

1.                  WHEREAS, Elven Joe Swisher has committed numerous fraud-based crimes against various members of his community similar to the crimes in the above case based on stolen valor.

2.                  WHEREAS, the petitioners who have signed below have been advised that there a lenient sentence has been recommended in this case involving home detention on an ankle bracelet for Mr. Swisher.

3.                  WHEREAS, the undersigned have observed that, in the past, Mr. Swisher has refused to take responsibility for various other crimes he has committed in his community, which is similar to his conduct in the present case, where he blames others for his conviction rather than being accountable for his own conduct.

4.                  WHEREAS, Mr. Swisher has obstructed justice in the District Court of Idaho County by sending a letter to prospective jurors proclaiming that the prosecution against him for four counts of Lewd and Lascivious Conduct with a Minor under the age of 14 years, was really persecution by his ex-wife whom he alleged wanted his gold mines.

5.                  WHEREAS, fifteen prospective jurors were stricken from jury service for the sole reason that each of them had received this letter.

6.                  WHEREAS, All four of his daughters testified to similar sexual transactions with Mr. Swisher, but because of his manipulations with the make up of the jury, he was able to get a verdict of acquittal on two counts and a hung jury on the other two.  The remaining two counts from the hung jury were ultimately dismissed under the Speedy Trial Rule.  

7.                  WHEREAS, Mr. Swisher has committed and continues to commit fraud upon members of his community, even while he has been on pretrial release and pre-sentence release, including, as a part of his criminal enterprise with his wife Barbara, he has submitted forged documents to the BLM concerning mining claims.

8.                  WHEREAS, Mr. Swisher is committing fraud upon this Court by claiming ill health would prevent him from going to prison, when on September 15, 2008 he demonstrated that he is able to drive a vehicle and transport himself around about his community without the aid of any artificial support or oxygen, participate in his deposition and provide several boxes of documents regarding his civil case for damages (Case No. CV-06-338-S-BLW).

9.                  WHEREAS, the petitioners have been advised that Mr. Swisher has been able to avoid prosecution for other uncharged criminal misconduct involving fraud and deception regarding his mining claims from the late 1980’s to the mid 1990’s.

10.             WHEREAS, the undersigned are aware that in January 2005, Mr. Swisher appeared before a jury in the case against David R. Hinkson, also a member of our community, and representing himself to be a wounded combat hero wearing a replica Purple Heart medal to impress the Jury and presented a forged DD-214.  Previous to his testimony in the Hinkson case, Swisher had paraded himself about our community also claiming to be a decorated combat hero and many members of the community believed him and thought him to be a credible person who could be trusted; however, Swisher’s military records were brought forth into the David Hinkson trial actually proving that Swisher was being deceptive. Unfortunately, those records were never shown to the jury in the Hinkson case, so the jury never understood that Swisher was a fraud and convicted Mr. Hinkson of solicitation of murder of three federal officers.

11.             WHEREAS, David Hinkson has now been imprisoned for five years as a result of the above case, the last three years of which has been spent in solitary confinement in Super Max, USP, Florence, CO because of Swisher’s fraud and deception.

12.             WHEREAS, the undersigned believe that the only fair and balanced punishment for his crimes in the present case is a long prison sentence that will remove him from his community to prevent further fraud by him in the future.

            NOW THEREFORE, we the undersigned hereby petition the Federal District Court of Idaho to sentence Swisher to the longest possible prison term allowed by law, using, upward departure and/or consecutive sentencing, because of Swisher’s ongoing unlawful behavior, including: A) crimes committed while on pre-trial and post-trial release; B) failure to accept responsibility for his crimes; and C) numerous uncharged criminal acts, similar to the deception used in his crimes of theft of valor.

            An electronically produced copy of the signature of the petitioners named below may be used in place of originals. This Petition may be signed in counterparts and submitted as one petition along with one signature page for each petitioner.

            The above statements contained in this Community Victim’s Petition for Upward Departure are true and correct based on the undersigned Petitioner’s best information and belief and this Petitioner is signed under the penalty of perjury by:

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