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Kelly Gearhart accused of assault

November 7, 2011

Kelly Gearhart

By DANIEL BLACKBURN

No arrests were made or charges filed in connection with a July disturbance with injuries at the  Ohio home of former Atascadero man-of-the-year Kelly Gearhart.

Terry Locklear, 55, said he is still recovering from the altercation where he contends Gearhart pushed him from an elevated porch at the former  developer’s current home in Wadsworth.

Three neighbors saw the altercation, Gearhart, Gearhart’s son, and Locklear who sustained injuries to his neck and back. Because of conflicting stories, no one was arrested.

Locklear said he had gone to Gearhart’s home to discuss a deposit he had paid the financially compromised former North County developer.

“I only went over there because he wouldn’t return my phone calls,” Locklear said. “I knocked on the door, and he (Gearhart) opened it, just a crack.

Locklear was renting an apartment in a building then owned by Gearhart. When Locklear heard about a bankruptcy action involving Gearhart and the rental property, he said he went to Gearhart’s home to ask about his security deposit.

“I told him what I needed to know, and then he suddenly swung the door open and knocked me off the porch backwards.”

The porch, about five feet high, had no railing, Locklear said. He fell backwards, injuring his neck and back.

Locklear said he filed a police report, but was told by an officer not to “expect anything to happen,” as it was his word against the Gearharts who both claimed he fell from the porch. He said he injuries caused him severe distress that lasted more than six weeks.

An attorney retained by Gearhart on several financial transactions, Joseph Dickinson, said he did not represent Gearhart on the Locklear matter, but noted, “I know there was some kind of incident.

“If you know Kelly’s house… there’s no railing on the front porch. From what I was told, this guy showed up ranting, and when Kelly opened the door, the guy backed up and fell off the porch backwards.

“Kelly filed a police report, because he said this guy was threatening him, but I don’t think anything ever came of it. It’s kind of a he-said, he-said thing.”

Gearhart did not respond to a request for comment relayed to him through his attorney.

Gearhart and his wife Tamara Lowe filed a Chapter 7 bankruptcy petition on Feb. 11, 2009, in Ohio, claiming $6.5 million in estimated assets and $45.1 million in estimated debts. The couple moved from Atascadero to Wadsworth in 2008 following threats of physical violence by an angry investor.

For approximately four years, FBI agents and employees of the San Luis Obispo County District Attorney’s office have investigated allegations that Gearhart and his financier Jay Miller swindled some 1,200 investors out of more than $100 million in a lending scheme involving hard money.

The U.S. attorney Los Angeles office filed federal fraud and money laundering charges against Miller in August alleging that Miller bilked investors in Central Coast real estate projects he financed for Gearhart.


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Kelly Gearhart

That is no way to treat a worried renter or customer


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Kelly, if your reading this, f you.


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You mean Mr. Red Thumbs Down? He will click in no doubt.


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The only thing Terry Locklear was legitimately concerned about was his small rental security deposit, just mere peanuts to a big spender like Kelly Gearhart.


This is a very good indicator he will fight, lie, twist to NOT pay back any of his trusting investors!


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I think Locklear might also be concerned about Gearheart’s plans or need to sell the complex where Locklear is renting, whether it is facing foreclosure, etc. These issues would have an impact on any, and all, of the renters.


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I didn’t give you the red, but my name is Kelly too, please include the last name in further posts, 43 points for cursing out billions, I still want to go fishing on your boat though my friend and to Kelly GEARHART, who even stole my name, F YOU!


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Just made it 44.


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Another fine example of Gearhart’s character or lack of.Why this punk is not behind bars yet eludes me.Sure seems like karma is going to have to get him because the courts sure haven’t.


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A couple of points about this report that jump out at me: Was the porch at five feet high without a railing following any known building codes? Was the house built without permits, thus allowing a front porch at five feet high without a railing to be built? Did Gearhart have homeowner’s insurance that would cover an incident like this episode, or did his mortgage company not require him to have insurance? Has the injured man filed a claim against Kelly for his injuries?

It would seem that even though this has devolved into a “he said/ he said” situation, the injuries to the man are real, and no matter who started the confrontation Gearhart and/or his insurance company would be liable for the cost of healing the injuries since they happened on Gearhart’s property. Of course it is possible that Gearhart “owned” his property outright and had no requirement to carry insurance, but that would seem to be very short sighted for him not to have insurance.


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Built without permits??? LOL. We’re talking about Kelly, here.


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There are two dwellings in Kelly’s name listed on the internet ( pictures are available to view on line) Just two cement pillars on each side of the cement staircase. The pillars look to be about 3 feet tall at the first house and the other dwelling has a porch elevated about 1/2 foot off the ground. You have to have renters insurance for a dwelling if you are renting it. And it doesn’t matter where the person is assaulted. If you assaulted someone YOU are guilty, if it was in defense that is another matter. BUT HAVING SAID THAT……why isn’t this guy being indicted for the Hurst Miller situation in Atascadero? And what about the bankruptcy? How can a guy who is bankrupt continue to work developing other properties and investments? Why wasn’t there an investigation into the arson committed on the property he owned in Ohio?


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NANCIMEEK: “You have to have renters insurance for a dwelling if you are renting it. “


When you wrote “You,” did you mean the owner of the property/residence or the renter?


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Owner of the property this is to cover any liability in case of any bodily harm to tenant or tenants property damage


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I was going to agree with Nancy , where have you been ,,,, this guy has caused people to die!,,,, Hello,, smell the coffee!


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Why couldn’t he sue about the lack of a railing to prevent him from harm? Even if he just “tripped and fell” as Gearhart would claim? The bankruptcy doesn’t help though, I assume other creditors would precede Locklear in the recovery of any assets.


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Maybe he is using his long time (and another Atascadero Man of the Year) friend, partner with Pe Ji Ho ta casino, and other real estate ventures and attorney Robert grigger Jones? I have been approached over the last 8 years by many many people who told me Gearhart and Jones fashion themselves as local “tough guys” who are able to muscle people. Even family members and former employees have backed up this allegation.


I know Jones went out of his way to defame myself and my brother and other witnesses no doubt while making a case for our stepmother and to protect himself. If Jones and Gearhart are as his former secretary told me “Thick as Thieves” then I would think Gearhart has someone out there protecting his assets. Just my observation based on information provided to me.


They think they are immune from prosecution. So far they have been. The bankruptcy papers and other papers related to both Jones and Kelly Gearhart can be found on scribd.com Check it out.


I wonder if Mr. Locklear has visited this web site. Any more on Jay Miller? Did he name names and hopefully come clean.


nanci Meek

(760) 413-5660


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For everyones knowledge nanci doesn’t like grigger jones he effed her out of $$$, and as far as the tough guy thing goes he did once say he was a green belt in karate making him officially bad ass.


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Central Coast Coyote? He did more than F us out of the money our father allocated for us. He lied on the witness stand in Hawaii. He lied to detective Pflum from Atascadero PD. Within days after our father passed away he was on the phone to our stepmother Elizabeth Meek, drawing up a Trust Certification on the 1992 trust (which was not valid since Dad had a 1996 trust naming myself as the trustee) took the Trust certification to the UnionBankcal and assisted Elizabeth Meek cashing out Dad’s stocks in the amount of $646,000 which was the same amount of the Pe Ji Ho Ta Indian casino buy in for Phillips, Gearhart, Molina and Grigger Jones. Jones made up stories about myself and my brother and painted a picure of us being “bad children” Nothing could be further from the truth. It is now in the hands of the IRS and the FBI. If you want more information call me (760) 413-5660. Jones isolated us from our stepmother via a letter we received early on stating all communications had to go through his office, and of course from that day forward he would not return our phone calls. We never had bad words with our stepmother so this action was suspect. The fact that Jones did this to another family is also suspect. It’s not just about the money, not about Jones filing documents stating the properties were undervalued in an effort to have the IRS tax returns prepared by Michael Gould reflect the estate was worth 1 million less than it was in an effort to not have to pay taxes. Gearhart and Jones according to gearhart’s former secretary are thick as thieves. I haven’t even touched on the forged signatures but if you want to know more view our You Tube video:

http://www.youtube.com/watch?v=1Jkx50M8b8w&feature=watch_response


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CENTRALCOAST COYOTE: “…as far as the tough guy thing goes he did once say he was a green belt in karate making him officially bad ass.”


LOL.


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“Any more on Jay Miller? Did he name names and hopefully come clean. ”


JAY MILLER COULD TAKE A BATH IN PURE BLEACH AND STILL COME OUT WITH THE STENCH OF A THIEF,


SMELL OF DEATH AROUND US!


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At least we know Kelly owned rental property that he didn’t burn down. This other guy should count his blessings that all he lost was a security deposit.


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Anyone who would commit a crime such as arson should be watched 24 7


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Nanci stick to your boy mr jones at least you have some facts to back up your allegations. I am really beginning to enjoy the circus on this site, its pretty much you print something everyone wants to hear and kaboom were all green belts eager to get a comment in. Arson thing was great theres nothing to show for it other than a few words that evidently didnt add up or something would have been done about it. And this article what a crock of sh#t honestly lets piss into the wind like we have been for 4 yrs now. ccn I have been told for years you have had a hard on for gearhart and have looked the other way but with all the stuff that has been going on with this story along with no action it really starting to look that way………Cheseburger where have you been!!!


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Chese here over,? WTF why you down on Nanci Meek, nobody emails me when these things come out, you know I have it bad for both the dirt bags, and green is not high enough to even get close to me,not to brag, just the facts and Gearhart knows it, wish he would try to hurt me.


Next: Gearhart has payed off everybody, Bankruptcy attorney included, I hold a f*cking default judgment, can I use it? No the court gets to take all his assets first, then he’s fair game, what a crook, and a crock of shit legal system, I did it their way,,,,,,,!!!!!! Well you dam well know, I would love to do it my way, NOW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


““I told him what I needed to know, and then he suddenly swung the door open and knocked me off the porch backwards.”


Coward, cheap shot, would not of worked on me, always have an exit ,, no matter what, plus, I would not of gone there without a good witness or two! AND BACKUP!!!!!!!!!


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Why is this alleged incident considered newsworthy four months later?


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My guess is the distance. I don’t think you have people checking in every day to see what Kelly is up to and it may have just come to light. I for one am glad to hear about it, even if it is a little late. It is still newsworthy. If you look at how much news has been covered here (and it keeps increasing) vs when it started and how many people contribute, (not many) they (CCN) are doing a HELL of a lot better than the mainstream press that has a lot more bodies than CCN. BTW do you think you will ever see this (let alone four months late) in the Tribune? My guess is not. I respect your opinion but I think you should cut CCN a little slack.


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I appreciate your reply, BeenThere. But the issue isn’t whether I’m “cutting CCN a little slack”. I sincerely wondered why it took 4 months for this alleged assault to make the news.


Do I think I’ll see this story in the Trib? Of course not. But that’s irrelevant. CCN blows the Trib outta the water when it comes to investigative reporting. And I get that folks are angry at Gearhart but an article that has the headline “Gearhart accused of assault” doesn’t mean much if no actual charges were filed. A person can accuse another of anything these days!


So, years later…where are the REAL charges? If Gearhart’s such a crook (I have no doubt that he IS) why aren’t his local A-town victims banding together to press charges? Even if the Trib and the “mainstream press” tries to bury stories, I still don’t get why we don’t hear from more local A-town folks. Why hasn’t anyone hopped a flight & paid him a visit in Wadsworth? If Gearhart stole big bucks from my family, we’d pony up a few hundred bucks for a plane ticket, bring along a camcorder, and knock on Gearhart’s door.


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My guess as why people aren’t banding together is this. You have two choises civil and criminal court. In civil they could go after him (sue) him for money. Of course I don’t think that will get you anywhere as he has no money (best of our knowledge) and the other money (that there is) is tied up in bankruptcy so it would be a lot of people spending additional money (lawyer costs) out of pocket, so people probably think what’s the point.


On the criminal side (fraud) same thing. Probably figure let the state and or fed go after him. It would take a personnel lawyer forever in a day to find things against Kelly (again costs) so we sit back and hope the fed does a good job.


As far as hoping flights for retribution. I know of some that have talked about it and got close but cooler heads prevail. In the end they could loose even more with family, so right or wrong they let it go and hope for justice. You know we can all talk tough about how we want to do this or that but when it comes time that is a different matter.


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Thanks for your reply, BeenThere. Just to clarify, I don’t mean hop a flight to kick the #($*@ outta Mr. Gearhart. LOL! I mean wouldn’t it be cool to get a reporter w/a camcorder out to Ohio..have him follow Gearhart around for a few days…nothing illegal, of course. Then knock on his door to ask a few questions…or corner him at a public spot, like a restaurant or something, holding a few signs like “THIS GUY STOLE MY MONEY” or “THIS MAN’S ON THE RUN.” LOL! You know, in the good ol’ days of investigative TV like 60 Minutes when they’d send Harry Reasoner or Morley Safer after some con men…something like that. It’s the age of the internet and some local victim could do this & post the footage on youtube…just a thought :)


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Ah my bad. That would be interesting and like you said, easy to do in this day of the internet and youtube.


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This is newsworthy beacuase the authorities FINALLY have a crime that will result in arrest and conviction!


For some reason, the Fraud and Theft isn’t enough to jail the low life


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“Four months later” than what?


There is no indication in the article when Gearheart’s alleged assault occurred. The only dates mentioned are the date of publication 11/7/2011), the Gearhearts filed for bankruptcy (February,2008) and when they moved to Wadsworth (2009).


Hmmmmm……


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On the above post, as Rosanne Rosannadana would say:


“Never mind.”


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Answering a question with a question, why do you care what is news worthy or what is not, this is conserning Gearhart and he is the devil himself,,,,,,,,,,, which makes it news,,,,,,


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This is rather comical to the extent that when Kelly misbehaves in Ohio, the residents know to call Dan Blackburn so that he can let us know the latest here in SLO county!


What isn’t clear is (#1) whether Locklear had moved from the rental unit and hadn’t received his deposit back from Gearhart or if he went over there to remind Gearhart of what?


What is (#2) Gearhart doing owning rental property anyway? I thought the bankruptcy court had control of all his assets or did he pull a fast one? I think Dan would do well to clarify these questions of interest.


Apart from that, yup Gearhart is still getting into altercations over money.


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I should clarify my question. If the bankruptcy court had already taken control of the property, then the renters would have been instructed who to pay rent to. They also would have signed new leases and been credited for any deposits they paid. So my question is, what was this guy doing at Gearhart’s house inquiring about a bankruptcy and the status of his deposit if the property had been properly seized?


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Good question, Cindy.


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The BK lawyers have already made major bank and done a crappy job of getting to the facts, before all the money is gone,,,,,,,,!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Now (the parents of the year), are raising a baby for sympathy and singing the same old song. Sorry,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, I hate the bast*rd and so do a hell of a lot of other people, CREEP!


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I found a interesting aside to the article. It mentions attorney retained by Kelly?? What the HELL?? How does a guy who files bankruptcy and has no funds retain an attorney? HELLO!!! And the Kelly B.S. saga continues.


Maybe next time someone shows up with shotgun and when Kelly pushes him backwards (yea we all know it was Kelly) the gun goes off saving all his investors the trouble.


As many here (like me) I’m sure want to know, has anyone heard if we are any closer on getting Kelly? I heard last year by spring, then summer, now I hear the end of the year.


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Can’t happen fast enough for the masses.


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AMEN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


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