Accused of Threatening a Store Employee With a Gun

[Bango]

Charged with aggravated assault.



On on Saturday afternoon I traversed to my local walmart to have a tire replaced that was under warranty. The tire had been authorized for replacement through the corporate office and had previously in the day been contacted by the district manager. I explained to him that I would arrive after I got off work at 530.

Upon my arrival the employee in the tire department was expecting me and pulled my vehicle into the shop area. After a few minutes he returned and notified me that I had a broken lug on the tire to be replaced and it was against walmart policy to mount the tire. I told him I understood and asked him if I could use his jack/tire tool to take it off myself. He allowed me to do that and everything went just fine. He mounted new tire on rim and I put back on truck. He even gave me a receipt. Would like to add that I was the final Custumer of the day and as I was leaving he was closing the bay doors.

Well one year later I am arrested for aggravated assault. The walmart employee that so kindly assisted me that day filed these charges against me saying that I came to the store wanting to purchase a set of tirea but became upset after he informed me of walmarts policy about the broken lug nuts. He went on to say I threatened him and pointed a pistol in his face. He then says he turned and went back into store. Was told upon my arrest that they had walmart security footage of the incident but I knew that was false. The video has never been produced I guess in part because they not have one and any video from the said day would clear me of wrong doing. That along with my receipt in my mind is all the evidence needed. No other witnesses. What should I do? And who can I hold responsible for these events? I hope I didn't leave out anything.

[41TellTheTruth]

For god's sake hire an attorney now these are serious charges.

[cdwjava]

What state are you in and what statute(s) have you been accused of violating?

I am curious why it took one year to find and arrest you. It might be possible to quash the warrant based on a lack of due diligence ... but, that might depend on your un-named state and the laws there.

Ultimately the state will have to prove their case. If they have no damning footage and have only your word against the mechanic's then they might have a tough case to make and a lot might rely on credibility of the two witnesses ... if it goes to trial at all.

As for who you would hold responsible, that's tough because if there is insufficient evidence to convict you there is likely equally insufficient evidence to sue the clerk or Wal-Mart claiming he lied. Your word against his works both ways. No conviction does NOT automatically inferred a malicious or false complaint.

[jk]

I concur with Carl completely.

The oddest thing about the situation is: why did it take a year to serve the warrant. I know in my area that if a person filed such a complaint, the accused would be found quite quickly and the issue dealt with. People running around threatening others with guns is obviously quite serious and the police would act quickly to deal with it.

What's even more odd is: if you threatened him with a gun, why did he allow the use of the jack and lug wrench to remove your tire. While I suspect that alone is against WalMart policy, I can imagine a helpful employee ignoring the rules a bit to help a person (although if it is against policy, it could likely result in the employee being fired). Why didn't the guy simply return to the store after being threatened and alert somebody to call the police right then and there?

A bit of explanation as to why there was such a time delay in serving the warrant might help make sense of the issue but overall, it sounds lacking as a valid complaint.

[Bango]

Sorry I did leave out one part of story. I had just recently purchased the vehicle from a friend and the waranty of tire was under his name. So therefore the paperwork had a different individuals name on the receipt. He was still arrested one year later. The employee at walmart was then brought in to view a photo lineup and said the assailant was not the person in question. And eventually put my photo in a lineup and I was selected. The first individual was picked up during a traffic violation when it was found that he had a bench warrant. What makes it even more strange Is the fact I was allowed to surrender myself to police department and was released on OR.

This all occurred in as small town in Arkansas with population of about 15,000. I would have thought that a suspect of a crime of this nature would have been top priority. The store clerk and I are the only 2 who know that there is no video of me with a firearm. I don't argue about being there, only about what transpired. Any video proves my innocence. Not to mention of course I have been banned from any walmart property.

Incident took place on Saturday afternoon and was not reported to police until Monday morning. I was supposed to be last custumer of tire and lube department until they opened on monday morning I would like to know what happened during that time?

This same individual gave me receipt for work perforMed with his name on it. I feel my receipt alone should clear me. And easily prove he has mad false statements. Not to mention any video that would surface.

I just really thought that walmart could be held responsible For me being wrongfully arrested. I enjoy hunting and have not even been able to purchase firearms since this happened. I really think it has come down to the prosecutor finally realizing that they dropped the ball on this one.

Not just threatening but as I quote "pointed the gun in my face and saying I'm going to get you".


All while I have a receipt showing this moron replacing my tire for me for free. It's really bizarre and not to mention embarrassing.

[cdwjava]

How was WalMart responsible for your being arrested?

If the employee lied and it can be proven that he lied, he might be able to be charged with a crime for making a false report and you can sue him in any case. But, it may be just as difficult to prove he lied as it is to prove that you committed the offense. Absent any objective evidence proving your complete innocence, it may remain a case of your word against his.

[Bango]

The statement made by the walmart employee to police " customer wanted to buy new tires and after inspection of the vehicle it was learned that the tire had broken lug nuts and it would be against walmart policy to continue servicing the vehicle. Customer becomes upset and is making threats. Then pulls black gun from pocket and pointed it in my face and says I'm going to get u. So I go back into store and customer leaves."


This all occurred on a clear Saturday afternoon at approximately 6pm. No reports Were filed on said day by anyone. Only records f would be the receipt that shows there was a tire warranty replacement done. It wasn't until two days later that a police report would even be filed. After voluntarily turning myself over to police, I was told by the detective in charge of the investigation that video surveillance had captured the entire event and he would recommend that I come clean about what happened. I guess that tactic would have coerced my admission of guilt if I was responsible. I dined the allegation and cop got pissed. First off if you have video why would you arrest the wrong individual the first time. I am still waiting on my copy of video. They can't provide what they don't have. Any video from that day will support my version of events.

My receipt clearly shows that the statement made by the walmart associate was not only false but not even possible. Does this even sound like a true story?

[cdwjava]

It certainly could be true. But, maybe it isn't. I've known people who would deny everything even when caught on tape and witnessed by an officer! Denial doesn't mean you did not do it. But, the state has to prove the case against you beyond a reasonable doubt. You are not required to prove your innocence, you only need to cast reasonable doubt on the state's case to hopefully obtain a "not guilty" verdict.

Maybe the DA won't prosecute you. It's possible the DA won't see a strong enough case here to take to trial. And the whole video tale could have been a bluff ... the police are allowed to fib about such things, ya know.

[Bango]

The only thing that I do know for sure is there is not video of me with a gun in hand.

[PandorasBox]

Contact a Criminal Defense Lawyer. The store likely won't turn over a copy of the tape to you, but will to a lawyer.