Extortion and Destruction of Property

stin25 · #1 02-01-2009, 01:13 PM

My question involves criminal law for the state of: Arkansas

A few nights ago some friends of mine and I got drunk and decided it would be fun to hit our refrigerator with a baseball bat. Dumb idea, i know but it happened, it was a $35 fridge and our roommate was going to donate it when he moved out just so we couldnt have it. When the roommate whos fridge it was got home the next morning and saw the damage done to his refridgerator he called the cops and wanted to press charges. The police officer was saying that it would cost $500 to get a new fridge even though the one we destroyed was $35 and therefore, we would be charged with a felony. My first question is, is this true? My roommate now wants the four of the people involved to each pay him $100 for his fridge plus $285 each to buy him out his lease (4 months left). My second question is, is this extortion since he wants us to give him $1540 for a broken $35 fridge?

Thanks for the help

stin25 · #2 02-01-2009, 01:17 PM

Also, if this is extortion what is the legal punishment? I read that if it is done via internet, phone, or mail it is a federal offense, how true is that?

OhMy · #3 02-01-2009, 03:26 PM

How did you come up with the value of $35? Any working appliance of this nature has a much higher value of $35. Even if not working it can be worth way more then that for parts.

stin25 · #4 02-01-2009, 03:59 PM

He bought it from a friend for $35. I realize it could be appraised for more than. That but can they charge us for what it would cost to get a new one or just what was worth?

OhMy · #5 02-01-2009, 05:31 PM

Quoting stin25

He bought it from a friend for $35. I realize it could be appraised for more than. That but can they charge us for what it would cost to get a new one or just what was worth?

Replacement value for the same model and same age, NOT a brand new one.

Mr. Knowitall · #6 02-01-2009, 06:10 PM

The officer thought the fridge was worth $500, and your (ex-)friend wants $400. I don't think you're going to convince anybody that asking 80% of the police officer's (albeit unqualified) valuation constitutes "extortion". It may be that your friend paid $35 for it, but that doesn't mean it would only cost him $35 to get a similar replacement - sometimes when you buy used appliances you get really good deals.

I don't know what the payments for "buying him out" of the lease are about. What does that money represent? The additional amount he has to pay to stay somewhere else? His share of the security deposit? You can try to explain that better. I can see, though, how your conduct would make him uncomfortable about staying in the apartment.

You indicate that the police officer came out and warned you of possible felony charges. What happened next? Did your friend say, "I don't want to prosecute them"? Did the officer say, "If you're charged, you'll get a court date in the mail?" (Something else?)

stin25 · #7 02-01-2009, 07:41 PM

Buying him out of the lease is for the remaining payments he has on the current lease, not a new one. The "friend" said he was going to wait for a little bit before deciding but to go ahead and file the police report. He is now asking for $1000 a person or $4000 total otherwise he's going to have us charged. By every definition I can find this is textbook extortion. I can even understand buying a replacement fridge and buying him out of the lease for a total of $1540 but asking for $4000 seems rediculous.

Mr. Knowitall · #8 02-01-2009, 09:18 PM

So you pay him, you try to negotiate a lesser amount, or you don't pay him and see what happens. If "what happens" is that you're prosecuted, you can complain that he tried to extort money and see what happens. That's unlikely to affect the charges against you, but maybe he'll get charged with something as well and you can all have criminal records.

If it were me, I might collectively with my friends give him a check for $400 as payment in full for the refrigerator, and see if he cashes it.

stin25 · #9 02-01-2009, 09:46 PM

The plan now is to try to settle for the $400 for the fridge give him $285 for the lease and if he tries to file well file against him as well.

Thank you for the help

cyjeff · #10 02-01-2009, 09:56 PM

By the way, such wanton destruction of property could give him reason for a restraining order against all of you... especially if the reason you did it was because of HIM.

After all, if I and a few of my buddies decided to beat hell out of your car with a baseball bat, wouldn't YOU be a little concerned sleeping in the next room?