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Home Depot clerk screws up, veteran get arrested for shoplifting.
WTMJ - Sykes Writes ^ | Charlie Sykes

Posted on 07/08/2005 10:32:59 AM PDT by flashbunny

THE HOME DEPOT STORY

Here's the email about the shoplifting arrest at Home Depot:

Charlie,

My local Home Depot store had arrested my son for shoplifting. They claim he stole a $9.90 skill saw blade. Let me give you a little more background. My son is 29 yrs old, he had just purchased my house for his family, and I told him to go to Home Depot and buy whatever he needed to make changes to the house and charge it to my Home Depot credit account. We figured two to five thousand dollars should be enough to get it ready for his wife and kids. This was his third major purchase. This purchase totaled $868.00.

While shopping at this Home Depot store, he was using a large push cart, not the kind with the basket but the kind with the flat bottom, because he was planning on buying kitchen cabinets and related items. When he arrived at the checkout line a clerk came over, and said he could help him at a different register. My son assumed it was because he had such a large order, it would speed up other shoppers checking out. As the clerk began scanning the items he notices a crack in one of the crown moldings and suggested my son get a different crown molding, which my son did. When my son got back the clerk scanned the molding and gave my son the receipt to sign.

As my son was leaving the store, he went through the detectors and the alarm sounded. My son stopped, asked the clerk if everything was checked out. To which the clerk nodded yes and motioned for my son to leave. My son left the store, unloaded the items into a truck, and was returning the push cart to the cart corral when he was grabbed by the shoulder and told he was being arrested for shoplifting. He replied that there must be some mistake, and was told that since he didn't know how to pay for the saw blade he sure knew how to unload it. My son still didn't understand but figured he go back in and get this straightened out. The West Allis police were called and he was arrested for shoplifting a $9.90 saw blade after spending $868.00 on other items. Remember this was all going on my charge account and he wasn't paying for anything, so why would he care about another ten bucks. He would have spent another hundred if he could have fit it on the cart.

What's the big deal about a shoplifting ticket? You pay the $262.00 and forget about. Right? Not in this case. You see my son was medically discharged from the Air Force. He qualifies as a service-disabled veteran and as such also qualifies for certain small business government set-asides. He has started a small business, as a distributor and prime contractor, and had started servicing his first government contract as of 1 July 05. He has at least two dozen current proposals for other contracts in the works. Future contracts will require a Top Secret clearance, which will be impossible to get if his record contains a shoplifting arrest. He is currently negotiating the installation of a video surveillance system for a military installation. What if they check his record and find a shoplifting arrest?

So we decide we have to hire a lawyer to initially try to clear this up. We're a thousand buck into it and we really can't afford more, but it will cost more. If we decide to sue for false arrest our legal bill will be over $20,000(A rough figure given by an attorney). Those hours add up at over $300/Hr. This will not be a high judgement case so it's not very attractive to most attorneys. Any suggestions?
John Gaidosh


TOPICS: Miscellaneous; News/Current Events; US: Wisconsin
KEYWORDS: donutwatch; homedepot; incompetence; oefveterans; oifveterans; oops; shoplifting
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To: jtminton

it didn't have to be the saw blade - something the clerk scanned and didn't demagnetize would have set it off. Later, when the security guard went to the customer and compared items to the receipt,the saw blade wasn't on there.


101 posted on 07/08/2005 12:16:51 PM PDT by flashbunny
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To: hopespringseternal

The one thing about this story that doesn't ring true is that there was actually a cashier available to check this guy out, as well as another employee available to shake him down in the parking lot. Most experiences at Home Depot are employee free. Sure, you might hear the beeping of backing forklifts, see the yellow metal safety cages that block off the isles for restocking, and hear rustling around in the carpet stacks. But any Home Depot with self-check out is unlikely to also have two living employees. If there's a self-check out at this HD, then the story is obviously concocted.


102 posted on 07/08/2005 12:20:25 PM PDT by usafsk ((Know what you're talking about before you dance the QWERTY waltz))
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To: ladiesview61
Hmm... Here in Houston, the Home Depots are hardly hell holes. My only complaint with them (and Lowe's) is that they never have enough cashiers and you have to wait in long lines. In fact, Lowe's is rather worse at this than the Depot. Also, I once bought a $300+ lawn mower from Lowe's that was supposed to be delivered, and they never got to my house, so I cancelled the order and bought a mower from Sear's. If anything, Lowe's is worse down here.

The only stores where they look at receipts here are Sam's Club and Fry's Electronics (and I always heard it was because of internal theft-the cashier and accomplice thing).

I will have no problem withholding business from Home Depot if this story is indeed completely true. It would mean it is not safe to shop at a store where you can be framed for a crime.

103 posted on 07/08/2005 12:26:46 PM PDT by Sans-Culotte ("...on Earth, as it is in TEXAS")
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To: usafsk
That sounds like my HD experience. When the store is opened, you can't walk 10 feet without having one of their store opening crew offering to help you. A few weeks later, the opening crew goes to their next store leaving you with one part time employee and tumbleweeds blowing down the aisles.

The people involved should do whatever they have to, including suing Home Depot to get their hands on the security tapes for that day as soon as possible. If they look bad for Home Depot, they'll be "accidentally" erased before they show up at trial.

104 posted on 07/08/2005 12:30:44 PM PDT by KarlInOhio (Bork should have had Kennedy's USSC seat and Kelo v. New London would have gone the other way.)
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To: flashbunny

Something doesn't quite sound right with the original e-mail. A field citation for shoplifting is not a conviction. It's not even a formal charge from the DA's office. There must be several preliminary steps that can either be handled without a lawyer, or with minimal involvement by a lawyer. If the e-mail account of the shoplifting accusation is true, I can't imagine the DA even filing a criminal complaint, let alone getting a conviction.

Perhaps the $20,000 quote is accurate for a lawyer to get involved with a civil suit for false arrest. But I don't think it would cost very much to get a competent attorney to get the charges dropped. And I believe some states allow misdemeanor arrest records to be purged if the charges are dropped and the person can show that he was "factually innocent."

I wish we could read the police report. Home Depot could be a bunch of arrogant, incompetent jerks. But the e-mail lacks just enough detail to make me wonder if there is something more to the story.


105 posted on 07/08/2005 12:32:07 PM PDT by 04-Bravo
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To: flashbunny

Just a statement of fact: During the 3-day Fourth of July weekend, Home Depot gave a 10% discount coupon (up to $2,000 purchase) for Active Military, Reserve Military, Retired Military, and Veterans. All they had to do was present ID or a DD214 at the Customer Service Desk. It was advertised on their web site. A very nice gesture on their part.


106 posted on 07/08/2005 12:35:25 PM PDT by LZ_Bayonet
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To: flashbunny
I'm not sure why you're blindly think this guy did something wrong when there's no information to indicate he did.

Because there are several details in the story that are grossly implausible.

I'm not sure why you blindly think this guy *didn't* do something wrong. Do you trust one-sided emails that easily? If so, there's a guy in Nigeria who really needs help with his banking problem.

Honestly, I'm not sure why you're here, unless you just like being a curmudgeon on threads that don't involve you.

If you want to be that way about it, this case doesn't involve *any* of us, including yourself.

107 posted on 07/08/2005 12:35:56 PM PDT by Ichneumon
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To: flashbunny

This story seems like a mistake by the cashier. Home Depot needs to drop it.

Here is why I support Home Depot and not Lowes. Peter Lowe paid Clintom hundreds of thousands in speaking fees.

Home Depot Donates Tools, Supplies To Iraq Rebuilding Effort

http://www.militarymoney.com/news/187


108 posted on 07/08/2005 12:38:00 PM PDT by barker (If you get to thinkin' you're a person of some influence, try ordering somebody else's dog around.)
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To: LtKerst; flashbunny
Everyone should Call and demand they drop the charges!

I'm not going to call and demand anything until I can be sure that the facts warrant it. All we have right now is an email from someone none of us have ever met, and a radio station confirming that a police report exists.

How do we know that the email isn't a pack of lies written by someone trying to beat a legitimate shoplifting arrest? Or make Home Depot look bad because of a personal grudge or a relationship with a competing chain?

Stupid idiots cant even arrest the real thieves and ruin the life of an honest person.

...and you're certain beyond doubt that this case involves an "honest person" because...?

Did you call and demand that Wendy's pay off that nice lady who was traumatized by finding a finger in her chili?

109 posted on 07/08/2005 12:40:03 PM PDT by Ichneumon
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To: flashbunny
Future contracts will require a Top Secret clearance

This is important and is worth the legal time and money expended.

110 posted on 07/08/2005 12:40:26 PM PDT by Hunble
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To: flashbunny

Many times I have thought about something similar happening to me. It is my belief (and I may be incorrect) that once I leave the store, I am not obligated to stop for anybody other than a police officer. They will have to physically detain me and I don't plan to make it easy on them. Does anyone know how laws deal with this? I really can't imagine any law requiring citizens to capitulate to some store employee who is not a member of law enforcement.


111 posted on 07/08/2005 12:43:02 PM PDT by Niteranger68 ("Spare the rod, spoil the liberal.")
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To: 04-Bravo
"A field citation for shoplifting is not a conviction."

They don't issue field citations in WI. Shoplifting is a misdemeanor(petty theft) that warrants arrest, fingerprinting and posting of bail.

If it goes to trial and the person is found not guilty, the arrest record can be expunged.

The point of Sykes media attn is to point out, not so much HDs security goons, but the PD's malicious incompetence and possibly that of the prosecutor if the charges are not immediately dropped.

112 posted on 07/08/2005 12:43:10 PM PDT by spunkets
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To: onef
At this point I would suggest that you return the the entire purchase.

I like that option as a first step.

113 posted on 07/08/2005 12:43:27 PM PDT by Hunble
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To: flashbunny
You sir, today, should return all of the merchandise and get a refund. It was your credit card which was used and you have the legal authority to get your money back.

You got my attention with this story. Hit them hard!

BTW: I believe that you have told us Freepers the truth and I support your efforts.

114 posted on 07/08/2005 12:52:39 PM PDT by Hunble
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To: Hunble
okay, this isn't directed just at you, but I need to clear this up again:

This isn't my email. I have no connection to the story. I only heard it on the radio and listened to the discussion for awhile before deciding to post it here.

That is all.
115 posted on 07/08/2005 1:10:50 PM PDT by flashbunny
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To: flashbunny
Charlie Sykes!

Sorry flashbunny, I thought that this was your son involved with the incident.

Well, if such a situation does happen to any member of your family, you now know what to do.

Freepers rule!

116 posted on 07/08/2005 1:14:19 PM PDT by Hunble
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To: TheBattman
Then again, WalMart is the retailer from Hell.

I only go to Wal Mart if necessary. I despise the lady at the door who insists on checking the receipt and holding up letting everyone out of the store. I always tell her the only thing I have that belongs to Wal Mart is the shopping cart and she's welcome to it.

117 posted on 07/08/2005 2:13:55 PM PDT by Horatio Gates
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To: TheBattman
Even when cleared of any charges, arrest records stay with you.

Hello again 8>) You're correct. Even if you are listed in a report it may come up. My ex wife reported a burglary back in '90 when I was going through hiring for a local police agency. Of course the bit** thought I was responsible. So that wasn't to difficult to explain away but I had no idea about it when confronted about it during my background check. I thought it was some sort of test to see my reaction and keep my cool.

118 posted on 07/08/2005 2:21:29 PM PDT by Horatio Gates
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To: Tijeras_Slim

Well all i can say is that the saw blade stuned the stores beeber


119 posted on 07/08/2005 2:23:31 PM PDT by al baby (Father of the Beeber)
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To: pepsionice
For $9.90...normally the cops won't even handle it.

I know I would have brushed it off especially with a reasonable explaination from our "perp."

120 posted on 07/08/2005 2:24:26 PM PDT by Horatio Gates
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