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Posted: 8/21/2002 10:13:39 AM EDT
[Last Edit: 8/21/2002 10:17:23 AM EDT by right2keep]
Hey all. Well I guess I've really done it this time. I moonlight as a independant repo man here in Pennsylvania. I sell em by day and steal em by nihgt. Ya i know it's a shitty job but with the economy in shambles, I've gotta make a living somehow. Now for the problem. We, "my partner and I" repo'd a vehicle legally at the owners residence. He knew he was behind and in risk of losing his car. We pulled out in the vehicle and 1/4 mile later, two men, apparently his brothers, forced my partner off the road. In the 30 seconds it took me to pull in behind him, they had drug him out of the car and were kicking and beating him in the middle of the road. I yelled that it was a legal repossession but they continued. This was in broad daylight BTW. At this point I pulled my .45 which I have a permit to carry and told them to get the fXXk off of him. They immediately got off of my partner and jumped in the repo'd car"stole it from us basically" and their own car. I called 911 and by the time the officers got there, the assailants were back parked across the street. Well now we get to the good part. I have yet to get the finance company to file charges of either unlawful use of a vehicle or theft against them. I have however been charged with 2 counts of Terroristic threats, 2 counts public endangerment, and 2 counts Disorderly conduct by the officer on the scene. I resolved a threatening physical confrontation with what I though was just force. Any one care to sound off on this one for me or if you've been through something like this.
Link Posted: 8/21/2002 10:26:10 AM EDT
You were involved in an altercation that involved you having a gun. What I cannot understand is why the police are going for the "Disorderly Conduct"...Please explain that. Sounds like the "Terroristic Threats" is something they are trying to tack-on to make the case stick. I see it as "Self Defense", more basically the self defense of your partner to keep him from getting killed. I hope you were extremely cooperative with the police when they arrived, as that probably set the tone for the rest of the case.
Link Posted: 8/21/2002 10:45:16 AM EDT
the disorderly conduct charge is as follows "disorderly conduct engage in fighting" kind of funny being i never touched either one of them. I was more than respectful with the officer. After all they are the ones supposedly putting their lives on the line for us. Oh BTW he has been on the force for a week and a half. Maybe looking to make a name for himself.
Link Posted: 8/21/2002 11:06:46 AM EDT
[Last Edit: 8/21/2002 11:07:43 AM EDT by THISISME]
Get an attorney and fight the charges. I don’t know about PA but in AZ there would have been no charges filed. Heck If one or more of the unarmed assailants even started to make a threatening move in your direction and you shot and killed one or both of them there would not be any charges filed here. THISISME
Link Posted: 8/22/2002 5:54:07 AM EDT
You need a lawyer, bad! If it is Philly, cops don't seem to take to private citizens with firearms. Do you have paperwork IDing the vehicle, repo etc.? Lawyer will need this for your side of argument. With luck you may only need depositions to put things into the proper perspective, with the help of a lawyer.
Link Posted: 8/22/2002 6:01:11 AM EDT
Link Posted: 8/23/2002 4:35:59 PM EDT
Link Posted: 8/23/2002 4:54:14 PM EDT
You need to "Lawyer Up" and pronto. Nothing you hear here can come close to making that wise decision.
Link Posted: 8/23/2002 4:58:41 PM EDT
Good luck man this is the kidn of shit we have to fight against
Link Posted: 8/23/2002 5:51:39 PM EDT
I worked at a Ford dealership in the early 80's and also made extra cash doing the repo deal. I thought it was cool at first(I was only 18 or 19),but it scared the be-Jesus out of me and it wasn't long before I gave it up. You are well within your rights, but I'm sure you already know that. Stick with it and good luck. You may have an unpopular job, but that doesn't mean you have to put up with that shit.
Link Posted: 8/23/2002 8:10:18 PM EDT
non lawyer opinion here 2 on 1 could easily be made to look like a life threatening situation. does PA allow the use of deadly force to prevent a life threatening assault? if so that's what your attorney should argue in my non lawyer opinion
Link Posted: 8/25/2002 7:32:00 PM EDT
Well i've lawyered up and have a preliminary arragnment on the 10th. Lawyer hasn't had much to say other than the police report is at best shotty. The officer never refered to the vehicle as being repossessed but as stolen!!! I have a sneeky suspicion the perps were freinds of his. I sure miss having my permit and my cold steel friend by my side. Cops kept my gun and my permit. I'll keep you all posted.....
Link Posted: 8/29/2002 7:42:22 PM EDT
Originally Posted By sharky30: does PA allow the use of deadly force to prevent a life threatening assault?
View Quote
Yes. [url]http://members.aol.com/StatutesP8/18PA508.html[/url]
Link Posted: 8/30/2002 12:40:12 AM EDT
Link Posted: 9/5/2002 7:25:37 AM EDT
Well here's the update. I spoke with the chief of the township where this happened and he's not willing to get involved. He spoke to me as if he know nothing about the incident. Also he informed me that the investigating officer NEVER pressed charges againt the two men that stole the car from us and assulted my partner. I'm now jumping through hoops trying to file criminal charges against the two assailants. My preliminary arrangment is on the 10th. Not much will transpire I assume until the preliminary hearing. Thanks to all who have posted.
Link Posted: 9/8/2002 11:14:26 PM EDT
Why didn't your partner press charges? If he gave a statement to the police, and they then failed to arrest the two idiots, then talk to the state's atty with a lawyer present (and a copy of your partner's statement) and suggest the case be looked into before you guys go to the department's professional review board, and perhaps the press. Assuming the cops were presented with paperwork ID'ing you two and the vehicle in question issued by the finance company [u]before[/u] this event took place. Good luck, Tango7
Link Posted: 9/10/2002 2:05:42 AM EDT
Go file a complaint about stealing a car at the department. Get a paper trail created. Make sure you include information about officer and how he acted. Tell how you thought your friend's life was in trouble and how you stepped in, etc. Get it all down on paper. mark
Link Posted: 9/12/2002 3:02:40 PM EDT
So? Wha' happen???
Link Posted: 9/12/2002 3:13:35 PM EDT
Well had the preliminary arraignment tuesday. No big deal just set a Preliminary Hearing date of this tues. 9-17-02. I'll have to wait and see what happens there. I'll keep you all posted....unless I end up with 3 hots and a cot. I'm hoping the judge will see through all of the B.S. and be willing to hear my side of things. Thanks to all who have posted thus far.
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