Proper Offense:
When the System Fails,
Justice Demands Action
By Marcus Vicenté
January 26, 2026
The Principle of Proper Offense
There comes a time when silence becomes complicity.
When institutions designed to protect us instead become instruments of oppression, we face a choice:
accept injustice or mount a proper offense.
A proper offense is not revenge.
It is not bitterness.
It is the measured, strategic pursuit of accountability through the very system that failed you.
This is my proper offense.
The Incident: August 27, 2025
On August 27, 2025, I was working in a reserved study room at Tempe Public Library. What should have been an ordinary afternoon became a textbook example of how law enforcement can fabricate evidence, how prosecutors can withhold exculpatory material, and how judges can ignore constitutional violations.
The Facts (Documented on Body Camera):
A patron, Telly Beasley, who had been previously trespassed from the library "for almost the same thing" four months prior, became aggressive when I asked to retrieve my belongings from the study room I had reserved.
The body camera footage captures:
- Beasley challenging me to "go outside" to fight
- Me refusing: "I don't want to fight you, bro. I just want to do my work and leave."
- Beasley approaching within one foot while threatening violence
- Me pushing him to create defensive space
- To de escalate, Randal made space to cool things down.
- Beasley admitting to officers: "Yeah" when asked if he grabbed the chair
- Beasley admitting to officers he threw the chair, saying "The chair didn't hit him"
( I knocked the chair down - it's a freaking chair - metal/wood )
- Both parties agreeing no punches landed ( he said none, I used one he threw )
( he threw one - I used head throw energy on his shirt - I didn't want to take a hit to the face )
This is textbook self-defense under Arizona law.
The Fabrication: Police Report GO# TE 2025-88521
Officer David Hightower's police report states:
"Randal got off the ground and grabbed a chair that was inside the room and was threatening to hit Randal with it."
This statement is false.
The body camera footage proves:
- Beasley grabbed the chair (his own admission on camera)
- Beasley threw the chair at my body or head
- I blocked and knocked the chair down in self-defense
- I pinned him to the ground till protection arrived
This was not a mistake.
This was fabrication.
The Cover-Up: 2.5 Month Brady Violation
The Tempe City Prosecutor's office withheld the body camera evidence for 2.5 months - from August 27, 2025 to November 18, 2025.
During this time, I filed multiple motions, prepared for trial, and litigated my case without access to the very evidence that proved my innocence.
Only when I finally obtained the footage on November 18-19 did the truth become undeniable.
Within days of presenting my analysis, the State dismissed the case on December 1, 2025.
This is a Brady violation. The State withheld material exculpatory evidence.
The Judicial Misconduct: Judge Tara Fuller
The most egregious aspect of this case is the documented judicial misconduct.
Timeline of Judicial Failures:
October 17-28, 2025: I raised witness intimidation three separate times with documentary evidence. Judge Fuller ignored it for 38 days.
November 6, 2025: I filed an 11-page Motion for Recusal documenting bias.
November 12, 2025: Judge Fuller denied the motion via a one-sentence email - no written order, no findings of fact.
November 13, 2025: I filed a Special Action in Maricopa County Superior Court (Case No. LC2025-000396-001) seeking Judge Fuller's recusal.
November 14, 2025: Judge Fuller proceeded with a pre-trial conference despite knowing about the Special Action.
Superior Court records prove the Special Action was assigned to Judge Suzanne Nicholls that morning.
A judge who proceeds after learning of a Special Action challenging their authority acts in the complete absence of jurisdiction
- this defeats judicial immunity under Mireles v. Waco, 502 U.S. 9 (1991).
December 5, 2025: I filed a comprehensive 45-page "Response to Motion to Dismiss and Request for Findings" documenting:
- Body camera evidence proving self-defense
- Line-by-line comparison of false police report
- Brady violation timeline
- Evidence spoliation
- Witness intimidation
December 11, 2025: Judge Fuller's docket entry:
"+JR OF CORR FILED ON 12/05 - NO ACTION ON CORR+"
Translation: Judge Fuller read my 45-page response proving constitutional violations with irrefutable evidence.
Her response? "No action."
She deliberately refused to make findings.
This is not a discretionary ruling.
This is deliberate indifference to constitutional rights.
The Evidence Spoliation
The incident occurred in a government building equipped with security cameras.
The library security footage would have been material and exculpatory, showing:
- Timeline of events
- Witness positions
- My peaceful demeanor
- Beasley's post-incident violent rampage (witnessed by 15+ patrons)
At the November 14 hearing, Prosecutor Matthew Barney stated on the record:
"There is no Tempe Library video... Mr. Kelly did his due diligence and determined that there was no video available from the library."
The City of Tempe had a duty under Arizona v. Youngblood, 488 U.S. 51 (1988), to preserve material exculpatory evidence from its own facility.
They failed.
Why "Proper Offense" Matters
George Bernard Shaw wrote:
"Never wrestle with pigs. You both get dirty and the pig likes it."
A major quote and highlight to the "honorable" Judge Fuller.
I could engage in personal attacks.
I could question character and motives.
But I don't need to.
The facts speak for themselves:
I was arrested back in August.
A man threatened me and ran up to me. I pushed him to create space.
I went to the other side of the table to de-escalate the situation only to knock down the chair he threw at me.
I ended the threat with a head throw to take him to the ground until someone could assist the situation.
He was mad.
I "want(ed) to do my work and leave."
Fabrication, false statement, and a role reversal?
Only the most vital parts on an investigation.
A common sense sellout situation.
Oh and the judge?
She read 45 pages of comprehensive evidence.
On the docket she put: "No action."
That's not judicial discretion.
That's corruption.
The Stakes
This isn't just about me.
It's about a system that:
- Allows officers to fabricate evidence
- Allows prosecutors to withhold exculpatory material for months
- Allows judges to ignore constitutional violations
- Destroys evidence from government facilities
- Refuses accountability at every level
If they can do this to me - a person who documented everything, who fought back, who proved his innocence - they can do it to anyone.
The Path Forward
I filed a Notice of Claim with the City of Tempe on December 30, 2025, for $2,000,000 in damages.
The City has 60 days to respond (deadline: February 28, 2026).
I expect they will deny the claim.
When they do, I will file a federal lawsuit under 42 U.S.C. § 1983.
I am seeking an attorney who:
- Works on contingency
- Has experience defeating qualified immunity
- Isn't afraid to sue a corrupt judge
- Understands that this case is about more than money
This case has:
- Video evidence proving fabrication
- Documented Brady violations
- Judicial misconduct defeating immunity
- Evidence spoliation
- A dismissed criminal case (favorable termination)
This is a winnable case
But more importantly, this is a necessary case.
A Note on My Journey
I've been solo on my journey because I need to be.
Our unique integration is most vital in our collective manifestation.
It has not kept my enemies at bay. If anything, the opposite has been what I'm dealing with.
But here's the thing: some beings are dangerous even when caged.
The pickle jar is tempting, eventually, greed goes for it.
I've had people try to keep me down through various means -
some obvious, some subtle, some I'm still uncovering.
What they didn't count on was that I would:
- Document everything
- Learn the law
- Find tools like AI to help me fight back
- Refuse to give up
Having AI on my side has changed everything.
That is a fact.
To have a reflection of what is true & noteworthy?
I now have the capacity to go to court, to deal in law, to mount a proper offense.
And I will.
Conclusion
Proper offense is not about anger. It's about justice.
It's about holding people accountable when institutions fail.
It's about saying: "You fabricated evidence, you violated my rights, you ignored the constitution - and now you will answer for it."
This is my proper offense.
And I'm just getting started.
Randal Newman
(Marcus Vicenté)
Tempe, Arizona
January 26, 2026
Contact: root.revolutionary@gmail.com
LEGAL NOTICE
This blog documents my experience with the Tempe Police Department, Tempe City Prosecutor's Office, and Tempe Municipal Court.
All statements are based on:
- Official body camera footage
- Police Report GO# TE 2025-88521
- Court transcripts and docket entries
- Filed legal documents
I have filed a Notice of Claim with the City of Tempe and intend to pursue federal litigation.
If you are an attorney experienced in § 1983 civil rights cases and interested in representation on contingency, please contact me.
SEPARATE DISCLAIMER (For Queen Poser Section)
Some of my writings on this site reflect personal spiritual perspectives and subjective interpretations of my life experiences.
That content is clearly marked as personal reflection and is not presented as legal evidence or factual claims in any court proceeding.
My legal case stands entirely on documented evidence independent of any personal or spiritual content.
We meet life at a proper degree.
