Posted on 08/29/2015 1:47:44 PM PDT by robowombat
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A retired four-star U.S. Army general was out on bond Tuesday after being taken to the Fayette County jail over the weekend for allegedly ordering Chinese food without paying for it .....
....... Fayetteville police Chief Scott Pitts said that after his order from the Royal Chef restaurant arrived at his home, Livsey tried to pay the driver with a debit card that was declined. When Livsey offered to pay with a check instead, the driver told him checks were not accepted by the restaurant and he would have to take the food back, the police chief said.
That is when Livsey allegedly grabbed the driver's throat and facial hair, pushed him and pinned him against a refrigerator in his kitchen. During the assault, police said, two people in the home took the food, placed it on a counter and began eating it.
Officers went to Livsey's home in the 200 block of Carriage Chase.
As officers tried to handcuff him, Livsey resisted, according to the police chief. The struggle created a small laceration on Livsey's arm. Fayette County EMS was called to the scene to treat the injury and police tried to handcuff Livsey again.
The police chief said Livsey tried "to punch one of the officers and kick another one all while making threatening and disparaging remarks."
The retired commander said there were several guests at his house at the time of the incident. He said he sent his assistant to the restaurant to pay for the food and give the driver a tip. Livsey also said Royal Chef wanted to drop the incident but the Fayetteville police made "a spectacle of it and a spectacle of me." ........
(Excerpt) Read more at military.com ...
This General has never been in trouble with the law. It seems to me that there was a misunderstanding and it ballooned into the police responding ....with seven police cars and nine officers.
The driver and care giver for the general, who witnessed it all, gives a completely different account...and the Chinese food place wants all charges dropped...but the police will not do so. I think the police are making a big mistake.
Here's the other account:
The general’s personal caregiver and driver, Tim Bedgood of Sharpsburg, gives a sharply different version of events.
Bedgood charges the multiple officers (“seven cop cars and nine officers”) mishandled the complaint, including handcuffing the 84-year-old so tightly his wrists bled.
The official version “is not accurately portrayed,” Bedgood said, adding that he and two women were in the home from the time the call for takeout was made until the takeout delivery driver left the home. Bedgood said he left to pay the food bill in person at the restaurant, and when he returned, police in force had Livsey in cuffs outside with individual police units stationed at several intersections in the neighborhood.
Not one of the eyewitnesses was interviewed the night of incident about what they saw, Bedgood said. By Tuesday afternoon, Bedgood said, he still had not been asked by police for his version of events.
He said he asked the police captain as officers were taking Livsey away, did they know who they had in custody. "We know exactly who he is; we know he had a highway named after him," the captain responded to Bedgood, he said Tuesday.
Livsey was released Monday on bond after spending two nights in jail.
The dispute between Gen. Livsey, a widower who lost his wife of 60 years in July 2013, and the restaurant delivery driver involved payment of $80.60 for the takeout order, according to warrants filed by police.
The paperwork say the general’s debit card was turned down after being called in by the driver, Ryan Irvin. The Royal Chef Chinese restaurant refused to take a personal check, the warrants allege.
What happened then, the warrants allege, was a physical dispute over payment of the bill or return of the food. Livsey is alleged to have assaulted the delivery driver by placing his left hand around the driver’s neck and pushing him against the refrigerator, warrants said.
Bedgood — who was present and witnessed the whole thing — has a different version of events. He said the general had misplaced his cash and gave the delivery driver an expired debit card. When Livsey offered a check, Irvin refused and reached to retrieve the bags of food being carried in by a woman.
At that point, Bedgood said, Gen. Livsey stepped between Irvin and the woman and “grabbed Ryan by the arm, saying ‘Talk to me, talk to me.’”
Irvin left the Livsey residence without either payment or the food, the warrants allege.
Chief Pitts says, “When the complainant explained that checks are not accepted by the restaurant and he would have to take the food back, the home owner became irate, threatening him and grabbed him by the throat and facial hair and pushed him backwards pinning him against the refrigerator in the kitchen. The complainant stated while he was assaulted by the home owner, two females in the residence took the food and set it on the counter to begin eating. Once released the delivery driver, fearing for his safety, fled the scene.”
Pitts further says, “Upon officer’s arrival at ... Carriage Chase, they located the home owner in question, William J. Livsey, who stated he ordered the food but upon delivery couldn’t find any money to pay for it. He stated when his card was declined the delivery driver pushed him. Officers asked if he purchased the food and he stated he did not, but that he did consume some of the food. Upon arresting Livsey, he created a small laceration on his arm while resisting being handcuffed. Fayette County EMS was called to the scene to provide first aid to his injury. Livsey was then re-handcuffed at which time he began to scuffle with officers attempting to punch one of the officers and kick another one all while making threatening and disparaging remarks.”
The general’s driver, Bedgood, said that he himself paid for the food within 20 minutes of the initial event. He also says that Irvin had tried to withdraw his complaint, allegedly saying that the situation was completely overblown.
An interview with Irvin verified that point. Irvin said Tuesday night he had told a Fayetteville police captain that he wanted to drop the charges but was told that it was not possible.
Bedgood said that he talked with Irvin, who allegedly told Bedgood that Irvin had “a shouting match with a captain” about the charge that the general had gripped his neck.
Bedgood said that Irvin told the captain that the general had never touched his neck, only his arm.
The Citizen posed the following question to Chief Pitts:
1. Did the “victim” Ryan Irvin ask officers to withdraw any charges following the incident?
2. Did a captain have a conversation with Irvin in which Irvin denied that Livsey ever put any hands on the victim’s neck?
3. Did Irvin complain to any officer that the incident was blown all out of proportion?
3. Was the food paid for by the time officers arrived?
4. Does the PD have any protocols to deal with elderly subjects?
5. Did any officer witness the altercation, or is the only report of any crime that of a single witness, the victim himself?
6. Did officers interview any of the other three eyewitnesses inside the house?
7. Did their stories match that of Ryan Irvin?
8. Is it possible that your officers over-reacted and over-charged someone with no criminal record?
Here is the chief’s response:
“We are still reviewing this situation and as such, it is an open investigation. We released information we believe is necessary to initially notify the media of the incident. The responding officers were acting on the information they received from both the victim and the suspect and after presenting the information they received to a magistrate court judge, he agreed there was probable cause for an arrest. We will continue to investigate the incident and proceed through the court system for a resolution as we do with every case. If there is any additional information be it exculpatory or inculpatory that comes to light that needs to be released, we will release it at the appropriate time.”
Fayetteville Mayor Greg Clifton Tuesday afternoon said he was still sorting through all the facts from Saturday night’s incident, but did offer an interesting insight.
“It looks like we may be budgeting for body cameras. That would clear everything up,” he said.
Where can a man find strength when he has been asked by the world for decades to protect our freedom, especially when his world crumbles around him. It was not because the right or left flanks had been breached. It was not because their artillery had not properly softened the beach head of their army's point of attack. It was not because of any lack of military information.
Four Star General William J. Livsey, along with his son, Three Star General Timothy Livsey had every military situation covered. However, they suffered two battle losses in less than 30 days. How could these two defeats happen?
The terrorists were not Al-Qaeda, or some over zealous Islamic militants. Their adversary was no human organization, because they are The Livseys’. The opposition was stronger than any evil on earth. You see their opponent was with God...and he wanted two Livseys’, Mrs. Bena Livsey, and Mr. Jim Livsey.
http://ireport.cnn.com/docs/DOC-1015992
He apparently commanded Ft Benning and the Infantry Center and is now Army Staff Director of Plans, Training, Mobilization, Security.
Not a lot else on the net about the man.
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In the preparation of your post?
Try checking the facts first.
Check it out:
Senile or drunk?
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>> “ He’s a hero. Civilians emulating Walter Mitty are cowards.” <<
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And apparently the delivery driver misrepresented the event, and filed a false police report.
But that doesn’t let the police off the hook; common sense is supposed to prevail.
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Read my tagline.
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Then what?
Exactly what I was thinking.If his lawyer is worth anything he/she will arrange a full neurological and neuropsychiatric workup at a top hospital.Duke,for example.
He’s been retired for over 28 years. He offered to pay with a check or debit card. He should be charged, with a suspended verdict for one year, assuming he stays out of trouble for at least a year.
guess he spent his cash on beer
Could you be wrong?
Is your hatred of the military that strong?
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LOL! Yeah, a retired four-star general of the United States Army is going to be making "terroristic threats and acts".
But the Muzzies shooting up Army posts and military recruting centers is "workplace violence".
There are MANY somebodies in this country that NEED beatings.
I knew this “story” had to have another accounting as to what transpired. But even if it didn’t, I’d still be for giving this hero a pass. That’s right. His history of uprightness, leadership and service entitles him to be respected at 86. It’s a shame, in my opinion, that some good folks did not want more than one side before jumping to conclusions. Thank you for researching and discovering “the other side” of the story.
I think they better get all the facts first. If this goes to a jury, IMHO, the General will be exonerated.
See my post 61 above, and read the eyewitness accounts at the following link:
http://thecitizen.com/news-crime/gen-livsey-arrest-fayetteville-cops-eyewitness-accounts-differ
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