arrested for chasing a burgler

granny03

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My good friends dad owns a shop and 3 young kids was stealing from him. AS they were leaving he walked in front of them and said you cant leave until you pay for what you have stolen.Well one of the kids picked him up and slammed him and they ran . His dad followed them in his truck to get the tag .the kids wrecked into a fire hydrant and ran into a animal clinic saying a crazy man was after them. well to make along story short his dad was arrested for felony assault because he does not speak english and could not give his side of the story. were did the felony assault come from?
 

Blackness03

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All he has to do is get a [good] lawyer and he should be fine. The only assault there was the kid attacking the shop owner.

I don't believe they'd be able to charge the shopowner with anything revolving around the accident (successfully). If so, that means everytime I get into an accident I can blame it on the crazy road rager behind me that got me all flustered to where I couldn't concentrate properly.

but now this guy has to pay for a lawyer AFTER having stuff stole from him. when its all said and done and should turn around and sue the kids for everything he had to pay for to have it dropped. even tho he wont get convicted of it, it will still show up as a charge
 

LostRacer

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Ever think about the other side of the situation? Shop owner failed to alert the proper authorities. Then gave chase on public roads. I'd find it real hard to believe they were all going the speed limit due to the situation. Had the owner called the police and not chased them their chances of crashing would've been reduced. So with the current info given, yes I'd say he was partially at fault for their accident. Just be happy no one was killed or injured.

No I'm not a LEO, but it sounds like they did what they were suppose to. You dont't know what happen to those kids afterwards as well. If product is found they will be charged, however that doesn't dismiss the fact that the owner still wrecklessly chased them causing them to crash.
 

rubber duck

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My good friends dad owns a shop and 3 young kids was stealing from him. AS they were leaving he walked in front of them and said you cant leave until you pay for what you have stolen.Well one of the kids picked him up and slammed him and they ran . His dad followed them in his truck to get the tag .the kids wrecked into a fire hydrant and ran into a animal clinic saying a crazy man was after them. well to make along story short his dad was arrested for felony assault because he does not speak english and could not give his side of the story. were did the felony assault come from?
Yea, that sounds like a sure fire plan, sue everybody.:lol1: The police made the arrest based on the evidence at hand. If your friend's dad couldn't communicate with the police on scene he should've called someone that could, that's not the police's fault. He'll have to hire a lawyer and an interpreter and gather whatever evidence he has against these kids. He should've filed a previous report about the theft and reported any evidence against these kids in the first place, sounds like he knew who they were already. If he wanted to go get the tag off the truck, fine, but it sounds like it was a little more than that, and that's where he got jammed up.
 
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granny03

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Yea, that sounds like a sure fire plan, sue everybody.:lol1: The police made the arrest based on the evidence at hand. If your friend's dad couldn't communicate with the police on scene he should've called someone that could, that's not the police's fault. He'll have to hire a lawyer and an interpreter and gather whatever evidence he has against these kids. He should've filed a previous report about the theft and reported any evidence against these kids in the first place, sounds like he knew who they were already. If he wanted to go get the tag off the truck, fine, but it sounds like it was a little more than that, and that's where he got jammed up.

yeah they have the video of him getting slammed and the stealing . And what.... were did you get he already knew them.
 

granny03

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Its ok the judge released him this morning after first appearance. said not enough evidence and should have been given a notice to appear
 

rubber duck

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C'mon now. I didn't say sue everybody. Just everybody in the wrong--which are the kids.

You file a grievance against the police in the event proper protocol and/or personal rights are violated. He was within his rights to follow the perps and get the license plate number, and no...its not his fault that the kids didn't know how to drive and lost control. Nor is it right to arrest him knowing full well there was no way to get any of his side of the story. Did he understand his miranda rights even? Probably not.

And now I see that he was released. There you go.
You also mentioned sueing the police for wrongful arrest. Out of curiosity how do you think his civil rights were violated? Are the police not allowed to arrest someone who doesn't speak English? How about someone who refuses to make any statements and we never get their side of the story? As the police, we are allowed to piece evidence together in good faith to make an arrest. Whether the case results in a conviction is irrelevant.
 

rubber duck

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yeah they have the video of him getting slammed and the stealing . And what.... were did you get he already knew them.
You mentioned in your thread title he was chasing a "burglar", and in your post you referred in the past tense that the "were" stealing from him, making it sound to me like this was an ongoing problem. I'm guessing now that this was more of a retail theft than a burglary.
 

yellowbra

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but now this guy has to pay for a lawyer AFTER having stuff stole from him. when its all said and done and should turn around and sue the kids for everything he had to pay for to have it dropped. even tho he wont get convicted of it, it will still show up as a charge

yeah and he won't get a dime of it back from the low life kids either. I guess the better thing to do would be not chase after them and just call the police. I believe he would've saved some money if he would've just let the stuff go.
 

yellowbra

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You mentioned in your thread title he was chasing a "burglar", and in your post you referred in the past tense that the "were" stealing from him, making it sound to me like this was an ongoing problem. I'm guessing now that this was more of a retail theft than a burglary.

hes probably foreign give him a break.
 

rubber duck

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I meant to say file a grievance, not necessarily sue. Just out of curiosity, what would he have been arrested for? Following too closely? Don't you think it would be important as an LEO to be able to fully assess a situation before making an arrest? Sounds like you're saying its better to arrest everyone and figure out what happened afterwards.

Oh...and what good are miranda rights if someone doesn't understand them? So the arrest wouldn't stick anyway would it?
The thing you have to understand about police work is that sometimes a situation has been going on for days, weeks, or even years before the police finally get involved, making it next to impossible to "fully" assess a situation. You assess what you have right there in front of you and make a decision. After you decide you have probable cause to make an arrest you can either charge someone, investigate the matter further, or even eventually release the subject without charging them. It's unfortunate that this guy couldn't relate to the police what had happened earlier, but that's not the officers' fault. It's also doubtful that the guy could make any statement to the police since he couldn't speak English, so Miranda wouldn't apply. The police more than likely thought they were dealing with some type of assault where a guy was chasing down some kids, causing them to wreck and cause property damage and flee into a business. I'm glad that somehow the whole story did come to light and hopefully they track these guys down and charge them.
 

FordSVTFan

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or the price to pay when you leo's not knowing what they are doing

Wrong. The guy committed the crime. He may have a defense, but he still committed the crime. The arrest is not mean it was charged, it up to the Prosecutor to determine if he will be charged. I would bet after investigation he wont be charged, unless your details arent 100% accurate.
 

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