Posted on 10/08/2012 5:14:50 AM PDT by billorites
Then someone screwed the pooch earlier. They shouldn't have sworn out the warrant without sufficient proof from the dealership that a crime was committed.
I don't know exactly what the employee told them, but if he came in with a claim that the someone paid $5,600 less than they were supposed to, then the police should have investigated the circumstances more thoroughly. They should have seen the signed contract, and told the employee to go home.
Of course, if the employee simply said that the vehicle was stolen, then that was an out-and-out lie. He would have to fabricate a complete story that didn't hint there was any misunderstanding -- or the police should have have investigated further.
My point is there was plenty of opportunity for the police to figure out this was simply a dispute over the selling price, if the employee even hinted that it was something besides a guy that took a car for a test drive and didn't return it. Once any paperwork was signed, it became a civil dispute, not a criminal one.
True. And now their job is to issue an arrest warrant against the dealership employee for the false report.
At a minimum, he should get to keep the SUV that he bought, free and clear, and get a free Corvette ZR1 to park right next to it.
Having a customer arrested seems extreme, too. If Ellmer has any sense, he’ll settle for whatever he can get away with. Swearing out a false criminal complaint is a *HUGE* deal, imho. Whoever reported the “theft” to the coppers needs to do some time. They figure they are big respected auto dealer and this guy is just some little guy they can steamroller. Screw, them, I think $2.3 million would teach them a lesson.
http://www.priorityauto.com/about-us.php
Here’s a photo of Ellmer, as well as all 11 dealerships that he owns.
http://www.priorityauto.com/about.php
http://images.nictusa.com/cgi-bin/fecimg/?10931535930
Unfortunately Ellmer is a Republican with donations to Scott Rigell.
I understand it is very hard to get a felony arrest off your record. If you are asked have you been arrested for a felony you have to answer yes.
Translation: "My lawyer said I better do something quick or I am going to get reamed like an 18 year old pretty boy on his first night in a federal penitentiary."
The official at he dealership obviously made a false statement to the police, which caused them to issue the arrest warrant. Isn’t that a criminal offense?
It’s a Chevy dealer. The owner will just send the bill to the government.
“Screw, them, I think $2.3 million would teach them a lesson.”
My feelings too. Business operates on a relationship of trust between the client and the provider. Filing a false report to cover up your own mistake needs to be punished.
No, $2.2 million is not extreme.
The plaintiff now has a felony arrest on his record for grand theft auto. He's a registered nurse. With that on his record, he will automatically be excluded from employment by many potential employers.
The plaintiff may be able to have the arrest record expunged. But, the NCIC system is a nightmare, and once something is in it, completely getting it out is like playing whack-a-mole.
There are inadvertent mistakes, and there is willful negligence. This was willful negligence. I don't like the lawsuit lottery any more than you do, but this is the kind of case where I have no problem with a huge award that will make headlines.
And I'm not worried about putting anyone at the dealership out of a job, other than the people that actually contributed to this negligence (and I think those should be facing criminal charges, personally). As L in M suggested: the plaintiff just became the majority owner of Priority Auto Group.
The warrant has to be issued from the court, not the police. It then goes to the warrants section where those officers or designates serve the warrant and make the arrest as so stipulated by the warrant.
Whatever work you do or have done, I’m sure you would be offended if you were lumped into the actions of a few who made poor decisions so please cut the garbage of throwing all officers into the same small basket of bad apples. I would have expected at least the same for you in your profession.
This is a case where a business on false pretenses had a customer arrested and charged with theft. We’re not talking about a doctor who practised good medicine but got unjustly sued when his best efforts didn’t prevent the death of a patient.
A man’s civil rights were violated in order to intimidate him into changing a contract. This business needs to learn never to do this type of thing again and other businesses need to take note. As for the amount of the award, it will be up to the judge and jury whether or not the plaintif gets the full amount asked for. The business owner is willing to talk and ‘try to make it good”, so I think the courts will take that into consideration if the aggrieved party wants to be firm on his detirmination to sue!
Must be one of Obama’s selected dealers
The only crime committed is buying a Chevy Traverse for $34,000. Rented one this weekend and it was bland, unexciting, noisy and just plain boring.
He's gonna keep a lot more than $6500. And he won't be driving no steenking GM product....................
So, the employee went to the court to file a complaint? The police never got involved until the warrant was issued?
That's a rhetorical question, if you didn't figure that out.
Whatever work you do or have done, I’m sure you would be offended if you were lumped into the actions of a few who made poor decisions so please cut the garbage of throwing all officers into the same small basket of bad apples. I would have expected at least the same for you in your profession.
If you are offended by my comments about the actions of the police in this particular case, then I think you need to sit down and take a hard look at yourself and figure out why you are offended. Are you feeling guilty about something?
If someone in my profession were to make this kind of mistake, I'd be the first person standing up and saying that I'd throw the book at them. The fact that you aren't doing so says volumes about you.
One is generally asked if one has been convicted of a felony, a false arrest with no charges lodged doesn’t have to be reported unless one is being vetted for high security type jobs.
LOL, I was going to post something about "that's what he gets for buying a Government Motors product", but I was worried that some people wouldn't recognize sarcasm......
Have to agree the vehicle is completely average and as a govt motors vehicle I’d be very unlikely to buy one. However, I’d buy a chevy if the dealer paid me $2.2 million to do it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.