"We need help," family begs county
Commissioner and landowner collude to muzzle critic
As recently as last month, one Clallam County Commissioner continued to be disproportionately influenced by a landowner to whom he had promised taxpayer-funded, automatic, electric gates.
When a husband and wife who own land near Towne Road felt they were in imminent danger from endless threats, stalking, and harassment, they did something most residents wouldn’t consider: they emailed their county commissioner. Rather than refer the concerned couple through the proper channels of law enforcement, the commissioner initially led the investigation by alerting the county sheriff and county prosecuting attorney, both of whose salary is set by the Board of Commissioners. Additionally, the county’s chief criminal deputy was enlisted to aid in an investigation that lasted nearly a month.
A chain of emails reveals that the landowner asked the commissioner if the county could take legal action against an individual who had questioned why Towne Road should become a private driveway. This is the same individual who questioned why the commissioner supported the closure of the road. In what is becoming a disturbing trend for the commissioner, he used the influence of his elected office, and his access to county resources, to attempt to silence a critic of Towne Road’s closure.
That critic is me.
My in-person encounters with the landowners have been limited to the informational meeting at Carrie Blake Park, and the commissioners’ boardroom. I have not spoken to the landowners and my knowledge of them comes only from public records. I have not stolen locks from, or vandalized, the gates on Towne Road. I have not trespassed on the landowners’ property or stalked them. I have not threatened the landowners with arson or harassed their friends or neighbors. I have not sat on the levee and intimidated those who recreate upon it.
Also, I was not contacted by the county about this alleged behavior during their investigation… I merely stumbled across these emails in a public records request.
I don’t know to what extent these emails have been circulated, but I’m publishing them to clear up any confusion about my motives or actions. I’ll continue to review records and bring them to the public in a manner that is informative, digestible, and fact-based. I harbor no resentment against the landowners – they are the victims of a broken promise from the commissioner; a frustrating circumstance which I can relate to. However, when I see the combined power of the landowners and the commissioner, I feel the need to be proactive, not reactive to whatever future strategies they plan to employ against me.
I also want you, the Clallam County Taxpayer, to see that there are those in local government that would rather silence your criticisms than address your concerns.
I’m optimistic that the commissioner may find a way to faithfully and impartially represent the citizens of our county, as his oath demands. I’m also hopeful that the county’s law enforcement and prosecuting attorney will be allowed to fairly serve their constituents unimpeded by the private and personal agendas of our county leaders.
From: Eberle Farm
Sent: Thursday, November 16, 2023 12:08 PM
To: Ozias, Mark <mark.ozias@clallamcountywa.gov>
Cc: derrick_eberle
Subject: Jeffrey Tozzer Harassment at our home / Towne Road Access
Hello Mr. Ozias,
I am writing to you today because I think we have reached the point with Jeffrey Tozzer's in-person and online harassment of our family, a final straw. He is bullying and harassing us online constantly and we need help.
Jeff Tozzer has been talking about our family (Eberle Farm) for months online and rallying the community against us, for us supporting the closure of the road. He has published and researched our Sequim home address (and all other property in Clallam) while also stating that we live in Tacoma (not in Sequim) because we own property in Pierce County. This has given the impression that we do not live at our farm (which we do) and is dangerous for anyone who may want to take advantage of us thinking we are not home, like Jeff says.
Jeff also published online for thousands of neighbors to see our access gate points to the farm off of Towne Road and that we are the only ones "given the key." He has made it into a discussion topic where others are welcome to comment on the fact that we have a code to the gates, unfairly to the rest of the public he suggests. This is also dangerous for us and presents safety issues when other neighbors are breaking open the locks (one neighbor outright states picking the lock in three tries) and for weeks now someone has been stealing the locks from the gates. I believe it is Jeff Tozzer doing this (or one of his Towne road followers.)
It has made us feel incredibly uncomfortable at our own home having to worry about this. This was never, ever, a problem the entire time the levy trail has been open until Jeff Tozzer started talking about it online and in person and who had access.
Jeff Tozzer has written online that we (Eberle Family) are part of a bigger corruption between yourself and the tribe and the county, many times. He has written fifteen to twenty (some were deleted by the website for misinformation) articles and has made this clear for months. The online assaults from him occur at a weekly, sometimes daily rate.
We filed a police report with the county because of Jeff Tozzer trespassing on Nash's farm next door and walking past and stalking our home and how we access it daily, and posting about it. It's scary to think that someone is watching your family and letting others know what is going on because of their deep obsession for a county road project. Jeff doesn't even live near Towne Road and is going out of his way to do this.
Jeff then posted online about the police report, mocking it. Tozzer has made it clear that this will go on for years. He talks about years many times. We cannot live like this for years, worrying about what will happen at our home or to our neighbors and guests someday.
Is there a county attorney that can help us and send Jeff Tozzer a letter to stop his online and in-person harassment of our family? Jeff claims that we have chosen to be "the voice" of this project (we have never done this) and therefore will continue to subject us to whatever he wants until he gets his way and the road is paved. I believe that his tactic is to continually keep this up (where we feel emotionally distressed, scared and intimidated by him) until we change our minds.
Can we also please install different and better gates with locks that cannot be broken into or stolen (by Jeff) at the entrances of the road? I was talking to Pat about this issue and he said trail cameras and bulkier gates and locks would stop someone from vandalizing county property. Derrick has ideas on what could be installed that would work well for our situation. Especially if the gates will stay like this for a couple of years at the least.
I also believe that Jeff could be purposely breaking into the gates on the road and leaving them open so that the county will be liable if something happens on the road until it is paved. He mentions that he watches cars use the road and he thinks that something could happen. This does not seem like a coincidence to me.
He also has messaged me personally about a fire that happened at a house by us and that we should want the "road back" so that we could be safer from a fire happening. This is incredibly scary that he could be hinting at a fire at our house. These are the kinds of things that we are dealing with on a weekly basis from him.
I have asked Jeff Tozzer online many, many times to leave us alone and to stop all communication or mentions of us. He has ignored all requests of this and only has been talking more recently, last week online mentioning our family once a day the entire week.
This has also made it difficult for friends or neighbors to visit us (without being harassed as well) by him or others coming to our home using the road. I am attaching just some of the hundreds of screenshots that I have taken over the last three months, that showcase what we (Derrick and our four children and our next door neighbors Nash and Sarah) are dealing with.
Jeffrey Tozzer just created a brand new website (the week I believe I reported him to the police) dedicated to furthering his obsession of Towne Road, Clallam County and the residents who live on Towne Road.
Thank you for your time,
Bri Eberle
From: Eberle Farm
To: mark.ozias@clallamcountywa.gov
Cc: derrick_eberle
Subject: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Thursday, November 16, 2023 12:08:07 PM
From: Ozias, Mark
To: Nichols, Mark
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Thursday, November 16, 2023 3:40:56 PM
Attachments: Screenshot_20231116-105335.png
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From: Ozias, Mark <mark.ozias@clallamcountywa.gov>
Sent: Thursday, November 16, 2023 3:41 PM
To: Nichols, Mark <mark.nichols@clallamcountywa.gov>
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Hi Mark,
Can you take a look at this and let me know if there is anything you think we can reasonably do to help the situation? (Not with the gate component of course; I’m working with PW on that.)
Thank you,
Mark Ozias
Clallam County Commissioner
On Nov 17, 2023, at 5:37 AM, Nichols, Mark <mark.nichols@clallamcountywa.gov> wrote:
Will do. I am in Seattle today, however, will take a look at this and get back to you with my thoughts on Monday.
Best,
Mark N.
From: Ozias, Mark
To: Nichols, Mark
Subject: Re: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Friday, November 17, 2023 5:46:59 AM
Thanks Mark!
From: Ozias, Mark
To: Eberle Farm
Subject: RE: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Sunday, November 19, 2023 11:10:14 AM
Hello,
Thank you for writing. I am so very sorry to hear about your experiences and have a request in to meet with the Prosecuting Attorney next week to learn more about what, if anything, the county can do. I will also make sure that the Sheriff’s Department is tracking on this situation.
The Director of Community Development told me that he plans to meet with the Commissioners before the end of the year so we can make a determination about which option to pursue. That decision will guide whether a proper gate gets installed (no road) or whether a gate would not be necessary. Either way it sounds like the current situation is a real problem so I will also work with the Public Works Department to find out what else we can do.
Sincerely,
Mark Ozias
Clallam County Commissioner
From: Nichols, Mark
To: Ozias, Mark
Subject: RE: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Monday, November 20, 2023 11:31:40 AM
Hi Mark.
I have reviewed the email and attachments that Bri Eberle sent you on 11/16/23. I have two recommendations for the Eberle’s. First, and to the extent they believe a crime has occurred, they should notify law enforcement so that it may conduct a criminal investigation. If law enforcement believes that a crime has been committed and that there is evidence to support a prosecution then it will refer the matter the prosecuting attorney’s office for charging consideration. Second, the Eberle’s may wish to consult with an attorney regarding whether they have any legal recourse short of a criminal prosecution available. If they can’t find a local attorney to talk with, then they may want to consider looking to Jefferson or Kitsap counties.
Best,
Mark N.
On Nov 29, 2023 10:30 AM, "Ozias, Mark" <mark.ozias@clallamcountywa.gov>wrote:
Hello Bri,
After forwarding your note on to Prosecuting Attorney Mark Nichols for his review and advice, and after meeting with him to discuss in person, his advice for me to give to you is as follows:
“First, and to the extent they believe a crime has occurred, they should notify law enforcement so that it may conduct a criminal investigation. If law enforcement believes that a crime has been committed and that there is evidence to support a prosecution then it will refer the matter the prosecuting attorney’s office for charging consideration. Second, the Eberle’s may wish to consult with an attorney regarding whether they have any legal recourse short of a criminal prosecution available. If they can’t find a local attorney to talk with, then they may want to consider looking to Jefferson or Kitsap counties.”
I have also communicated with the Sheriff about your situation and they have been tracking on a variety of related issues. If you would like, please don’t hesitate to reach out directly to Sheriff Brian King at brian.king@clallamcountywa.gov to ask him directly if there is anything more that law enforcement can do.
I expect DCD Bruce Emery to bring a recommendation about how to move forward before the end of this year. I hope that once a decision has been made and we are able to communicate a plan of action much of the BS that has been flying around will begin to quiet down.
I am so very sorry for all that you and your family have been experiencing. I know this has been excruciatingly slow and I am doing all in my power to come to resolution.
Sincerely,
Mark Ozias
Clallam County Commissioner
From: Ozias, Mark
To: King, Brian
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Thursday, November 30, 2023 11:51:34 AM
Attachments: Screenshot_20231116-105335.png
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From: Ozias, Mark <mark.ozias@clallamcountywa.gov>
Sent: Thursday, November 30, 2023 11:52 AM
To: King, Brian <brian.king@clallamcountywa.gov>
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Hi Brian,
It sounds like they have been in touch with your office but I’m forwarding this your direction as an
FYI.
We intend to make a decision about final design and set next steps at Monday’s work session so hopefully most of this will quiet down soon.
Mark Ozias
Clallam County Commissioner
From: King, Brian
To: Bundy, Amy
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Thursday, November 30, 2023 2:33:47 PM
Attachments: Screenshot_20231116-105335.png
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Lets discuss.
Brian J. King
From: King, Brian
To: Ozias, Mark
Subject: RE: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Thursday, November 30, 2023 2:38:18 PM
Hi Mark,
I reviewed what screenshots were provided and I don’t believe that Eberle family would be successful in obtaining an anti-harassment order (based on what is provided here). We will reach out to the family to get the full context of the complaint.
Brian J. King
From: King, Brian <brian.king@clallamcountywa.gov>
Sent: Thursday, November 30, 2023 2:39 PM
To: Bundy, Amy <amy.bundy@clallamcountywa.gov>
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
For discussion
Brian J. King
From: Bundy, Amy
To: Edwards, Harold
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Thursday, November 30, 2023 3:19:50 PM
Attachments: Screenshot_20231116-105335.png
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We will discuss.
Chief Criminal Deputy Amy Bundy
From: McElroy, Patrick
To: Bundy, Amy
Subject: towne road gate
Date: Thursday, November 30, 2023 3:25:57 PM
Attachments: gate post 2.jpg
Gate post 1.jpg
Hi Amy,
Here are the gate post pictures for you. Thanks again for your help.
Pat
From: Eberle Farm
Sent: Friday, December 1, 2023 10:40 AM
To: Ozias, Mark <mark.ozias@clallamcountywa.gov>
Subject: RE: Jeffrey Tozzer Harassment at our home / Towne Road Access
Good morning Mark,
Thank you for following up with me about my questions regarding this matter that I reached out about. Derrick and I truly do appreciate your concern and response.
We have decided that we do need to proceed with an attorney in this important matter because of the safety concerns and newest escalations this past week from Jeffrey. I do not believe that any of the online personal attacks will stop or that the in person vandalism, stalking and trespassing (even if a road is suggested to go in on the levee.) There has been the biggest destruction of property so far and also what we view as the largest online assault of our character.
The gates to the levy have been further vandalized where someone is definitely trying to make a large point at a critical time, it seems. I am not sure that it's coincidence again that there was a meeting hosted by Jeff Tozzer at the Dungeness School house on this past Monday of this week and then on Wednesday or Thursday of this same week this happens, below.
Yesterday I was contacted by someone in the county and told that one of the metal posts to the gate on Sequim Dungeness Way was apparently hand dug up (an act that would take quite a considerate amount of work and effort). The gate remains useless now. It is unfortunate that whomever is doing this over and over again for the last few months is getting away with it and seemingly winning in their process.
It was very disheartening the same day to come across the recently released agenda item summary to be used at next weeks meeting on the 4th or December that states in the other considerations section, "The current gating system is failing and due to vandalism and failure of users to maintain the gates locked when not in use."
This statement seems incredibly unfair because we have spent a considerably large amount of our own personal time following all recommendations from the county and road department to keep the gates closed when not in use. We have never left them open when we or visitors are not actively using them. We have been up against a perpetual transgressor(s?) who have made it a special mission to disrupt this county gating system that they do not agree with. To let this recommendation proceed based on repeated county property vandalism at this gating site- could set a precedent that anyone can break the law and take county issues and property into their own hands to get what they want.
Jeff Tozzer also just yesterday (yesterday Thursday was a big day with a lot to process and take in emotionally and physically) posted publicly online in multiple locations (nextdoor app and his new CC watchdog website) a new article suggesting again how corrupt our family is for communication that exists between ourselves and yourself and the road department. There is nothing that we can find that was written that would even suggest an iota of mistruths or corruptions, our correspondence is all professional, but yet, Jeff Tozzer spins it as such for the entire community to see.
He published 125 emails that he apparently just received from his public records request. One of our own very next door neighbors replied to Jeff's posting that "Ozias and Eberle have a fiefdom going!"
I am also sorry that you also are having to deal with this absolute nonsense and character harassment. I will be reaching out to Sheriff King today.
Thank you again for your time,
Bri Eberle
From: Ozias, Mark
To: King, Brian
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Friday, December 1, 2023 10:44:36 AM
The latest…thank you again for your attention to this matter which continues to escalate.
Mark Ozias
Clallam County Commissioner
From: Ozias, Mark
To: Eberle Farm
Subject: RE: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Friday, December 1, 2023 11:51:26 AM
Bri,
Obviously you and your family deserve none of this vitriol or attention. Elected people don’t deserve to be the butt of baseless accusations either, but I think most of us understand that to an extent it comes with the job. The concept of civility seems almost archaic and I fear the concept of community will be altogether lost one of these days if we don’t find ways to change how we think of ourselves and our neighbors.
Please let me know if you don’t successfully connect with Sheriff King.
And briefly, I am sorry for the language on the agenda item summary. I did not write it and would certainly have phrased things differently if I had.
Sincerely,
Mark Ozias
Clallam County Commissioner
From: Ozias, Mark <mark.ozias@clallamcountywa.gov>
Sent: Friday, December 1, 2023 11:52 AM
To: King, Brian <brian.king@clallamcountywa.gov>
Subject: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
FYI Brian,
Mark Ozias
Clallam County Commissioner
On Dec 5, 2023 3:14 PM, "King, Brian" <brian.king@clallamcountywa.gov> wrote:
Bri and Derrick,
First and foremost I am so sorry what you and your family has endured as a result of this project. Kindness has simply gone by the wayside lately.
My staff and I have been scouring over the online posts in our analysis of whether any criminal law has been violated. To date we have not identified anything that rises to a crime.
We have no evidence as to who is vandalizing the gates. We have met with the road department to discuss implementation of technologies that would aid us in identifying suspects.
Jeff Tozzer has been trespassed from your property and we have increased patrols in the area. Please immediately report to us anything suspicious or concerning. And please reach out to me if you have any questions or concerns you wish to discuss further.
Kind Regards,
Brian
Brian J. King
Sheriff
From: Eberle Farm
Sent: Wednesday, December 6, 2023 3:07 PM
To: King, Brian <brian.king@clallamcountywa.gov>
Cc: derrick_eberle; Bundy, Amy
<amy.bundy@clallamcountywa.gov>
Subject: Re: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Hello Sheriff King,
Thank you very much for reaching out to my husband Derrick and I. This has been a sometimes scary and trying time for our small family over the last few months since Jeffrey Tozzer entered our lives. His constant (and I mean constant) in person and online stalking and harassment has not stopped and only seems to ramp up becoming more frequent as time goes on.
He wrote an article on his new website, mentioning Derrick by name just today 12.6.23. He has invited and incited hatred by our community members towards our family and county property from his many postings and suggested mistruths (which can hold meaning for those who truly believe him) and could be tied forever to us. I do not believe his intention is to stop. He has successfully intimated us to feel scared to leave our home by using his followers to shout obscenities at our young children on our driveway. He sits on the levee road to watch us and others using the trail for recreational use, communicating to them that they are not welcome here. He has mentioned years for this to go on until he get what he wants.
I have concerns that he views this as his new profession (amateur detective) "let me know if you think there is something suspicious behind the double-talk and misdirection." His own words on his website, welcoming ANYONE to send him information or requests for him to investigate.
Is it possible to meet with you in person sometime over the next few weeks? Do you have any availability after Christmas from the 26th to the 30th?
Thank you for your time,
Bri Eberle
Towne Road,
Sequim, WA
On Dec 6, 2023 3:44 PM, "King, Brian" <brian.king@clallamcountywa.gov> wrote:
Hi Bri,
I have several opportunities to meet next week. The 26th – 30th is uncertain. If next week might work, let me know I can give you some dates/times and we can deconflict from there.
Brian J. King
Sheriff
From: Eberle Farm
Sent: Thursday, December 7, 2023 2:07 PM
To: King, Brian <brian.king@clallamcountywa.gov>
Subject: RE: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Hello,
I will try to move some work and other engagements around so that I can meet with you next week, if that works better for your schedule. Let me check with my husband and see which day could be best for us. Also, is it possible to get copies of the police reports I have made against Tozzer? I want to include them in my protection order and I'm trying to prioritize getting that done as soon as possible.
Thank you!
Bri Eberle
On Dec 7, 2023 2:21 PM, "King, Brian" <brian.king@clallamcountywa.gov> wrote:
Bri,
If its to much we can figure out sometime after Christmas. No worries. I will have Chief Bundy work on reports.
Brian J. King
Sheriff
From: Bundy, Amy
To: Hnat, Kristin
Subject: Eberle Records Request
Date: Friday, December 8, 2023 9:14:59 AM
Brianne Eberle’s email is below. I would prefer to send them to her in addition to providing me a paper file, if possible, to have on hand for when she meets with the Sheriff.
Chief Criminal Deputy Amy Bundy
From: Eberle Farm
Sent: Monday, December 11, 2023 10:31 AM
To: King, Brian <brian.king@clallamcountywa.gov>
Cc: Bundy, Amy <amy.bundy@clallamcountywa.gov>
Subject: RE: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Good morning,
Would tomorrow, Tuesday, be too short of notice? After the commissioners meeting has finished? Thank you for the fast work on the reports.
Bri
From: Bundy, Amy <amy.bundy@clallamcountywa.gov>
Sent: Monday, December 11, 2023 10:37 AM
To: 'Eberle Farm'; King, Brian
<brian.king@clallamcountywa.gov>
Subject: RE: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Good morning,
I am available tomorrow after 2 p.m.
Sincerely,
Amy
Chief Criminal Deputy Amy Bundy
On Dec 11, 2023 10:54 AM, "King, Brian" <brian.king@clallamcountywa.gov> wrote:
I am available tomorrow after 2 pm as well. Probably like 2:15 pm?
Brian J. King
Sheriff
From: Eberle Farm
Sent: Monday, December 11, 2023 12:11 PM
To: King, Brian <brian.king@clallamcountywa.gov>
Subject: RE: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
2:15 is great. I have it in my planner now. I will see you both then.
Thank you,
Bri Eberle
On Dec 11, 2023 12:24 PM, "King, Brian" <brian.king@clallamcountywa.gov> wrote:
And Bri, we are coming right out of executive session with the commissioners so we won’t be able to travel in time to get to you. Can you meet us at the sheriff’s office?
Brian J. King
Sheriff
From: Eberle Farm
To: King, Brian
Subject: RE: FW: Jeffrey Tozzer Harassment at our home / Towne Road Access
Date: Monday, December 11, 2023 1:02:16 PM
Absolutely. I was planning on coming to you. Thank you for asking none the less.
Have a good day and see you soon,
Bri
I would think all professional people would be scratching their heads right now in regards to Commissioner Ozias and Sheriff King. Ozias’s leading the show with blow by blow minute to minute emails and Sheriff King ‘s special attention it is obvious they aren’t busy enough or perhaps things like this are job security for them? The amount of time spent on the “he said she said” reports by our top County officials calls to question, serious question. I was told to file a report when my neighbor crapped on my lawn, next time I’m calling Ozias…..I’ll fax him the pictures of her doing her business holding onto the truck with a license plate & pictures of her pile and toilet paper 10 feet from her property. Yeah, I think I’ll send those to him tomorrow and I’m expecting to get the same attention as apparently others receive as taxpayers. If only Ozias would have moved this fast in regards to Towne Road like he did about this issue and his property issue the victims wouldn’t be claiming to be victims, Towne Road would have been reopened and taxpayers wouldn’t be burdened with all of this crap.
Jeff, it is my pleasure. If I am doing anything to help I’d be tickled pink. But mainly I think good, honest people want to know what is going on. You have done the hard, really arduous work of presenting the facts via the very own words of the players involved. Thank you seems so small. But, thank you.