Berry employee……or pervert?

Posted: August 14, 2013 in Uncategorized

This red Jetta came on private property in Gardendale. When approached by the landowner he refused to identify himself or stop. “I work for Berry…” was his only response. Was he a Berry employee? Or, someone with evil intent poking around the landowner’s property? This underscores how vulnerable people in Gardendale that have wells owned by Berry are. They apparently do not have a badge system for employees and contractors that would enable landowners to know if they were legitimately taking care of Berry business or not. Frankly, a red Jetta sticks out like a sore thumb on a production location, hence the landowners concern. Berry’s mouthpiece will say, “But we install gates with codes….” We have heard that all of Berry’s codes, on all of their gates nationwide, are the same. We know for a fact that the codes on many of the gates in Gardendale are the same. We think it unreasonable that Berry would come on our land and take such pitiful precautions to protect us. Do any of our readers recognize this Jetta? License number BFM 2345 (Texas?). If this man has ill intent towards Gardendale residents you may help prevent a crime! If you know who this is please contact us right away via this website. Gardendale Accountability Project

More of Berry’s rigid environmental policy…

Good thing the Texas Railroad Commission and the TCEQ are on the job protecting landowners from slipshod operators like Berry.
spill on well 14_081413


Image  —  Posted: August 5, 2013 in Uncategorized

Berry’s much vaunted 10 Million Dollar or more centralized gathering facility in Gardendale has a great big flare (hereafter called the Flare of Good Will) that has been burning continuously for a while now. Check out the photos.  According to Berry it is all for the good of Gardendale as it concentrates their poisonous activity in one area instead of spreading it out democratically across the community. That doesn’t seem to be fair. Especially since it has been reported that folks living near the infamous Flare of Good Will have suffered respiratory problems and a variety of maladies! Of course the well intentioned folks at Berry Oil (aka Berry Petroleum) in Midland don’t live near the Flare of Good Will.  After collecting their  fat paychecks they retire to their upper middle class homes and enjoy the clean air.  And wonder why the bumpkins in Gardendale can’t seem to breathe correctly.Image Image

Follows is a  letter sent to the Honorable Susan Redford, Ector County Judge.  A similar letter has been sent to Ector County Sheriff Mark Donaldson, Ector County Commissioner Greg Simmon (Precinct 2), Texas Representative Tryon Lewis, Texas Senator Kel Seliger, Texas Governor Rick Perry, US Representative Mike Conaway, US Senator Ted Cruz, US Senator John Cornyn and the President of the United States! We encourage you to contact them all and ask that they take action to address what we believe to be the violations of our civil and constitutional rights! Make your voice heard!

July 30, 2013

 The Honorable Susan Redford

300 North Grant, Room 227

Odessa, TX 79761


Dear Judge Redford,

In Gardendale recently residents have been subject to a litany of what we perceive to be injustices. It is our contention that the sheriff’s office, perhaps unintentionally, does not have a clear understanding of Berry Petroleum’s legal limits.

 First, Texas Penal Code – Section 30.05. Criminal Trespass states:

 (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

                        (1)  had notice that the entry was forbidden; or                          

                        (2)  received notice to depart but failed to do so.

Specifically, when an employee or subcontractor of Berry Petroleum violates clearly posted ranch rules prohibiting video recording of any kind we consider that person to be trespassing. To date the deputy assigned to Gardendale has been reluctant to consider that it is even possible for Berry Petroleum personnel to commit criminal trespass.  

 Second, Texas Penal Code-Section 20.02. UNLAWFUL RESTRAINT states:

(a)   A person commits an offense if he intentionally or knowingly restrains another person.

When an incident of unlawful restraint occurred in Gardendale (of which there is video evidence) was reported to the Sheriff’s department the investigating deputy ‘talked’ to the perpetrators, employees of Berry Petroleum.

 Third, when a deputy arrived in Gardendale to investigate a cracked window (possibly from a bb or pellet gun) that occurred on Hwy 158 he went on private property to meet with the ‘victim’. When the property owner asked what the deputy was doing he responded, “It is none of your business.”

It appears that local law enforcement is unsure of where the law stands in relation to an oil company on private property. Because of this we ask for the following clarification:

 1)      Can an oil company trespass on private property? If so, what constitutes that trespass?

2)      Can an oil company detain a person against their will on private property owned by that person?

3)      Does a deputy have the absolute right to come on property to simply talk to someone, out of convenience, regarding an alleged crime that occurred elsewhere? If yes, does the deputy have an obligation to inform the property owner or is it truly ‘None of the property owner’s business’?

4)      If the statutes of 1) and 2) don’t apply to oil companies in Texas please inform us of any other statutes that don’t apply.

We ask that you seek a legal opinion from the County Attorney and/or the State Attorney General regarding these issues. We also ask that you arrange to meet with our group and, as a public service, advise and instruct us as to what rights the oil company possesses and what rights we, as citizens of Texas and the United States, possess, if any, regarding Berry’s intrusion onto our own land. 

We will provide the meeting place, sound system and anything else you might need. We are willing to meet with you in a location of your choosing. We await your response.

 More information may be obtained about this and other violations of citizen’s civil rights by going to and the Facebook page, “Gardendale Accountability Project, Inc.”



Dan Boggs


Due to the volume of visitors a Visitors Center has been placed at the Berry Scar Memorial. Introducing the
Robert Heinemann Visitors Center! It is humble but a beginning of what could turn into a world famous destination! Berry Petroleum (Robert Heinemann CEO)…changing Gardendale from a country community into an oil and gas industrial complex….one well and benzene laden pit at a time! Gardendale residents, though you may be tempted genuflecting at it’s entrance is not necessary nor required!

Image  —  Posted: August 1, 2013 in Uncategorized

It is 1984 in Gardendale!

Posted: July 19, 2013 in Uncategorized



In an Orwellian move a subcontractor, ProVision, acting on behalf of Berry Petroleum has set up cameras pointed at a landowner’s home! This egregious and outrageous violation of privacy did not occur in Venezuela or China but in Gardendale, Texas! What is next on the list of these thugs? Outlawing thought? Will they attempt to police your thought? Or where you worship? Or who you vote for? How long will these assassins of Liberty and Freedom be allowed to act with impunity? All in the name of ‘oil and gas law’ and ‘providing jobs’ of course. Stand up Texans! Are you men and women of integrity or sheep?