Ikay, He ran the gate

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  • kingsman
    Member
    • May 2006
    • 329

    Ikay, He ran the gate

    We had an incident last night, where a repo driver approached the gate adn asked for entrance. The Officer at the gate refused him entrance as per our policy for the management of the gated community. He backed up and ran the exit gate when it opened for a person leaving the community.

    I was on patrol and got on his tail almost immediately. He drove thru the community at speeds approaching 45 mph in a 15 mph zone, attempted to ram my vehicle when cornered, and finally left after being stopped at the exit gate and told he could not come on the property again.

    We had called the police, but he was out within 5 minutes of his entry, and the police will not respond within that period of time. He kept asking me if we were going to detain him, daring us to try. This is the second time we had a run in with this same repo guy, the last time we would not open the gate for 3 hours, until the resident whose car he had on the hitch turned over his keys to mr. repo and we allowed him to go.

    How would you have handled the situation?

    I did call his manager this morning and informed him of what had happened (as my supervisor told me to do), and the supervisor plans on calling as well. The supervisor was concilliatory, and promised it would never happen again.
  • aka Bull
    Member
    • May 2006
    • 309

    #2
    Assuming this is a private property gated community the board for the community (or whatever management setup there is) could consult their attorney about either barment from the property (bringing up a trespass situation if he returns) or a restraining order keeping him from the community.

    Just a thought.
    "It is the mark of an educated mind to be able to entertain a thought without accepting it." -Aristotle

    Comment

    • Mall Director
      Member
      • Jul 2006
      • 518

      #3
      I do not which state you reside in, but with myself and AKA Bull, the state of Colorado, If you give a verbal advisement that he is not to return, it is considered a Trespass Warning. You can bar him as well, but if this guy came onto my property again, I would arrest him immediately, especially after entering illegally after advisement of refusal (officer at the gate). You had him blocked in, so good job there.
      Deputy Sheriff

      Comment

      • jimmyhat

        #4
        This might be a tough one for you to get past your supervisor, but If I were on that gate I would have made my way to the nearest Magistrate, post-haste, explained to him/her the incident, and sworn-out a warrant/complaint against the driver.

        You only need minimal information on the suspect. The driver will receive his summons to appear in court (no doubt a huge inconvenience for the repo-man), you will have to appear as well, of course. The prosecution may go forward with the charges, or at least in the case of nolo-pros the driver will face the judge and give his sincerest apology. If this is the drivers first time disregarding security direction, it will set up the case for the next time he pulls this bonehead move.

        Whether or not charges are filed and/or adjudicated, that repo man will think twice about endangering the public and refusing to obey the sanctity of private property. At least, the one I'm working for anyway's.

        Comment

        • bigdog
          Member
          • Oct 2005
          • 875

          #5
          As soon as he tried to ram my vehicle .I would have called 911 with his license plate number in hand,thats aggravated assault a felony in this state. when they tracked him down off to jail he goes.
          "Get yourself a shovel cause your in deep Sh*t"

          Comment

          • Charger
            Member
            • Oct 2005
            • 516

            #6
            Originally posted by bigdog
            As soon as he tried to ram my vehicle .I would have called 911 with his license plate number in hand,thats aggravated assault a felony in this state. when they tracked him down off to jail he goes.
            Agreed... Whether you're in a vehicle at the time or not, if he intentionally attempted to hit you with his vehicle that's felony assault, or assault with a deadly weapon... I'd be nailin this guy with everything...
            Corbier's Commandos - "Stickin it to the ninjas!"
            Originally posted by ValleyOne
            BANG, next thing you know Bob's your Uncle and this Sgt is seemingly out on his a$$.
            Shoulda called in sick.
            Be safe!

            Comment

            • Jackhole
              Member
              • Apr 2006
              • 376

              #7
              Originally posted by bigdog
              As soon as he tried to ram my vehicle .I would have called 911 with his license plate number in hand,thats aggravated assault a felony in this state. when they tracked him down off to jail he goes.
              Perhaps I have a poor grasp on the law, or it's just vastly different in Florida, but could you explain how attempting to ram someone's vehicle is aggravated assault?

              Comment

              • N. A. Corbier
                Senior Member
                • Aug 2005
                • 7369

                #8
                Originally posted by Jackhole
                Perhaps I have a poor grasp on the law, or it's just vastly different in Florida, but could you explain how attempting to ram someone's vehicle is aggravated assault?
                A vehicle is considered a weapon. There is no "attempted vehiclular manslaughter" in Florida, its all Agg. Assualt for the attempt, Agg. Battery for the connection.

                Its also permissible to respond to Agg. Assault or Agg. Battery with lethal force in Florida.
                Some Kind of Commando Leader

                "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

                Comment

                • T202
                  Member
                  • Apr 2006
                  • 255

                  #9
                  Originally posted by N. A. Corbier
                  A vehicle is considered a weapon. There is no "attempted vehiclular manslaughter" in Florida, its all Agg. Assualt for the attempt, Agg. Battery for the connection.

                  Its also permissible to respond to Agg. Assault or Agg. Battery with lethal force in Florida.

                  Same in Michigan, also deadly force can be used if a vehicle is used as a weapon.

                  Comment

                  • Charger
                    Member
                    • Oct 2005
                    • 516

                    #10
                    Same in this neck of the woods... If someone tries to run you down, they're attempting to assault you with a deadly weapon... Deadly force would be justified...
                    Corbier's Commandos - "Stickin it to the ninjas!"
                    Originally posted by ValleyOne
                    BANG, next thing you know Bob's your Uncle and this Sgt is seemingly out on his a$$.
                    Shoulda called in sick.
                    Be safe!

                    Comment

                    • aka Bull
                      Member
                      • May 2006
                      • 309

                      #11
                      Ditto here in Colorado. the attempted assault places me in fear of serious bodily injury or death - deadly force authorized!
                      "It is the mark of an educated mind to be able to entertain a thought without accepting it." -Aristotle

                      Comment

                      • kingsman
                        Member
                        • May 2006
                        • 329

                        #12
                        If I had not been in the car and been able to back out of the way, I might have felt it necessary to shoot him. As it was, I was able to clear out of his way, did not feel my life was in danger, and had no need to shoot.

                        Comment

                        • 1stWatch
                          Member
                          • Oct 2005
                          • 972

                          #13
                          Originally posted by Bridgegate
                          Same in this neck of the woods... If someone tries to run you down, they're attempting to assault you with a deadly weapon... Deadly force would be justified...
                          Same here, but the burden of proof lies in proving the driver's intent to hit you with the vehicle.
                          "We appreciate all the hard work you've done, the dedicated hours you have worked, and the lives you have saved. However, since this is your third time being late to work, we are terminating your employment here."

                          Comment

                          • 1stWatch
                            Member
                            • Oct 2005
                            • 972

                            #14
                            Originally posted by Mall Director
                            ...You can bar him as well, but if this guy came onto my property again, I would arrest him immediately, especially after entering illegally after advisement of refusal (officer at the gate). You had him blocked in, so good job there.
                            That is a sound course of action, but the only issue there is knowing the laws of the particular state in question. Many states do not allow a private person, property owner, or security to arrest a person for trespassing.
                            "We appreciate all the hard work you've done, the dedicated hours you have worked, and the lives you have saved. However, since this is your third time being late to work, we are terminating your employment here."

                            Comment

                            • Mall Director
                              Member
                              • Jul 2006
                              • 518

                              #15
                              Yeah, thats why I couldnt work in a state that is so restrictive. Its almost like why the point of even having security? Too many people rely on Security to help them out, and I dont like not being able to help!
                              Deputy Sheriff

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