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Keying a Car in a Parking Lot

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  • 11-25-2014, 10:42 PM
    TLP40422
    Keying a Car in a Parking Lot
    My question involves civil rights in the State of: Kentucky

    On October 11, 2014 I went to the Danville, Ky Kroger.
    I parked my car next to another sedan type vehicle that was parked normally/straight in the parking space 2 spaces from a grocery cart collection space.
    I went in to the store and bought groceries.
    When exited Kroger about 15 minutes later, there was an old, large yellow and white SUV almost blocking entry to my driver's door and blocking my car in the parking space next to my vehicle.
    I was having a bad day and in a bad mood and did something I should not have; I may have used my car key to scratch the SUV along the passenger rear quarter panel for about 18 to 24 inches.
    When I got into my car and was backing out of the parking space, I saw two teenagers in an SUV similar in make, a Yukon, Suburban, or Tahoe who had obviously seen me scratch the yellow SUV and were using cell phones to take a picture of my car, it appeared.
    Instead of engaging with the teenagers and risking a possible altercation in the parking lot, I expected that my car license plate had been recorded, that the police would be called.
    I went home and waited for the police.
    After about 15 minutes an officer knocked on my front door.
    The officer asked if I had been to Kroger and done something I should not have.
    He told me that there were witnesses - which I knew to be true - and asked if I knew the vehicle's owner.
    I told him no.
    The office then told me that the vehicle belonged to a Boyle County, Kentucky Sheriff's Department Deputy.
    When he told me that, I laughed. I told the officer that was just my luck and that I had been to Kroger and described the events from the parking lot as I have in the above chapters.
    I apologized sincerely for what had happened and offered to make payment for the repairs to the vehicle.
    After a few minutes of talking to the first officer, who was older and polite, another 4 police cars came to my home and soon my living room was full of cops.
    I thought they were going to call the SWAT team or something! All over a scratched car?
    A second officer identified himself as 'The investigating officer on the case'. He was an idiot rookie. He kept trying to bust my balls but I continued to be apologetic and promised to make the needed repairs if the vehicle owner would just call and tell me how much it would cost.
    I spent 4 years as USMC Reservist MP. I trained at Camp LeJuene, Fort Bragg, and 29 Palms. I was never in Law Enforcement other than that but I did learn a few small things about police procedure. I never heard of an officer being involved with a case in the most minute way if there were any personal involvement, friendship, or, relation to any party in the case.
    The hoard of officers left without arresting me and I didn't hear anything about it until yesterday, November 24, when local deputies surrounded my house and arrested me for Criminal Mischief 2nd Degree - Class A Misdemeanor in Kentucky.
    On top of everything else that happened, I was never Mirandized by the officer. When I was in the police car I was frantically calling my brother so he could bail me out ASAP. I was openly discussing what had happened in the Kroger lot with my brother without knowing that the arresting officer was the son of the vehicle's owner which I am accused of damaging. He was listening to every word I said and had never read me my rights.
    I was taken to the local county detention center booked and made bond of $500 full cash and non-refundable!!!
    The deputy told me after he had delivered me to the detention center that the vehicle I allegedly damaged was his.
    I told him that what he was doing was bullshit!!!
    I told him that all he had to do was call me and I would have paid for the damages and that arresting me the way he did was totally unnecessary.
    Then. a few minutes later, just before the deputy was leaving the jail, he came over to me and put his hand out as if to shake hands, gets right up in my face and says," I just want you to know that truck belongs to my mother!"
    I couldn't believe it!
    Isn't this a conflict of interest?
    Isn't his arresting me and putting me in jail as some personal vendetta WRONG?
    I had offered to make restitution and repair the damages which were very minimal and never heard anything from the police or alleged victim.
    According to the arrest report a warrant for my arrest was signed on October 17, 2014.
    I never received a police report or any other indication that I was being charged with a crime.
    One of my biggest questions about this case is whether all minor car scratches in grocery store parking lots receive the same law enforcement attention and level of prosecution that mine has done?
    I believe the deputy acquired an excessively high damage repair estimate in order to push the local prosecutor, County Attorney, and Judge with trumped up charges and exaggerated the situation to them in order to get some personal satisfaction from arresting me in front of my neighbors and throwing me in the local county jail where I was required to post an also excessive $500 Non-Refundable Full cash Bond, be processed and booked for a what was minor damge, at best; a non violent crime; and which could have been settled without my arrest considering I had already offered to make repairs.
    If I had not been able to make bond, I suppose I would be sitting in the jail over a minor scratch on a car until my court date which is Feb 3, 2015!
    Thank you for the help in advance.
    GOD BLESS AMERICA!!!
  • 11-26-2014, 12:07 AM
    Dogmatique
    Re: Wrongful Arrest and Conflict of Interest
    You know fine well there's a difference between accidental damage and a blatant attempt to inflict damage.... which is what you did.
  • 11-26-2014, 01:08 AM
    Disagreeable
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    You were not under arrest, they had no reason to read you Miranda rights. You can certainly try to mount a defense that there was no possible way you or anyone known to you had ever been in any legal situation with the deputy who's suv you keyed. Otherwise it is not unreasonable for them to assume you did it in retribution for some prior act against you or someone you know who was criminally charged by the officer. If you came here for sympathy, because you picked the wrong person to screw over, you are unlikely to find anyone shedding a tear. I remember when I used to take out my antique convertibles, frequently when I parked them in a normal parking spot, some jealous prick would open his door into the side of mine. One SOB even creased over a quarter panel with what was likely a pickup bumper.
  • 11-26-2014, 03:15 AM
    TLP40422
    Re: Wrongful Arrest and Conflict of Interest
    You misunderstood, Dogmatique.
    There is a typo where it says 'I may have scratched...'
    Otherwise, I would agree.
    Like I said in my post, what I did was wrong but did that justify the deputy using his position to do what he did?
    I don't think so.
  • 11-26-2014, 03:27 AM
    TLP40422
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    I WAS under arrest.
    I was taken to jail.
    Can't you read?
    This is what you would do to somebody over a small scratch on an old SUV?

    - - - Updated - - -

    I thought this was a legal advice forum. Not one for some grumpy jerk to brag about his old convertibles.
  • 11-26-2014, 05:00 AM
    flyingron
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    Please lose the attitude. We are volunteers here.

    Contrary to what you learned from watching cop shows on TV, Miranda rights are only necessary if they wish to question you after you are in custody. Even if they omit them when they are required, it's not a 'get out of jail free' card. It just means that they can't use the results of such questioning against you.

    Despite the fact that you claim to have provocation, there's no excuse for vandalizing someone else's car no matter what they did to you. Offering to make restitution on a criminal act, but it doesn't mean the charges are going to go away.

    You have to understand that you are admittedly guilty of the crime. Arguing that you didn't get leniency because the car damaged belongs to a relative of one of the officers is spurious. There's plenty of probable cause for the arrest.

    You need a lawyer.
  • 11-26-2014, 05:12 AM
    Disagreeable
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    You were not under arrest until after all the police cars arrived and you had confessed.
  • 11-26-2014, 06:56 AM
    TLP40422
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    You guys are full of BS.
    THis was a complete waste of time.
    I know I need a lawyer.
    I'm getting one.
    No wonder people hate attorneys

    Happy Thanksgiving.

    - - - Updated - - -

    Thank you.
    Until after the cops came which time, Sir?
    What this deputy did was BS and you know it.
    If you aren't going to read my post before making a reply then please don't reply.
    Thank you.

    AGAIN!!!
    I admitted what I did was wrong.
    I claimed no provocation.

    You drop the attitude, sir.
    I learned what I know about police from cop shows?
    You would have an 'Attitude' to if it had happened to you.
    You suck!!!
    Happy Thanksgiving.
  • 11-26-2014, 07:16 AM
    brownj12
    Re: Wrongful Arrest and Conflict of Interest
    Quote:

    Quoting TLP40422
    View Post
    You misunderstood, Dogmatique.
    There is a typo where it says 'I may have scratched...'
    Otherwise, I would agree.
    Like I said in my post, what I did was wrong but did that justify the deputy using his position to do what he did?
    I don't think so.

    Unless you can prove misconduct on behalf of the deputy you are out of luck. Nothing you posted sounds like misconduct.

    You committed a crime, on top of that you did it in front of witnesses. Regardless of who's car it was you would be investigated and likely prosecuted. Unfortunately for you the owner had a relative who was a police officer, that officer is not only within his rights, but is in fact doing his job.

    The willing ness of the prosecutor to work out a deal for you is based on his discretion. Typically a major contributing factor is how likely a conviction is, between the eye witnesses and your confession it should make it a slam dunk. Between this, and your apparent choice of victim you have made this process as difficult as possible for your future attorney.
  • 11-26-2014, 07:20 AM
    flyingron
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    You said you scratched the car because it was parked too close to you. Sounds like you were alleging provocation to me.
    Sorry we can't tell you what you want to hear, but again, you are too emotionally involved to even apparently discuss this at this point. You appear to not be able to discuss things without hurling crude insults at everybody. We didn't arrest you, there's no need to scream at us. Allow your attorney to handle it. He not only has the legal knowledge, but he's dispassionately detached from the situation.
  • 11-26-2014, 01:38 PM
    Dogmatique
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    I hadn't realized we were dealing with a 13 year old brat.

    He perhaps needs his parents to ground him, given his cute little obnoxious passive-aggressive self.
  • 11-26-2014, 02:24 PM
    tc498
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    The person had every right to be arrested,legally. If the person paid the bail in cash and not thru a bonds man,I don;t see why none of it is refundable.
  • 11-26-2014, 02:32 PM
    flyingron
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    I don't get that. If he paid a bail bondsman $500, then that is gone. If he posted a partially secured cash bond with the court he'll get most of it back (there are fees but they are typically less than 10%).
  • 11-26-2014, 05:42 PM
    Disagreeable
    Re: Wrongful Arrest and Conflict of Interest
    Perhaps you should watch this video. Also read the link. They might help in the future.

    http://en.wikipedia.org/wiki/Miranda_warning


    https://video.search.yahoo.com/video...2Cm%3Asa&&tt=b
  • 11-27-2014, 06:13 AM
    CourtClerk
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    Here's the funny thing. There was no need for miranda if you were discussing the incident with your brother in the earshot of a police officer. He wasn't questioning you at the time you were running off at the mouth confessing to the crime that you were being charged with.

    Miranda is required if you are going to be questioned. YOU... just started talking.

    And contrary to your belief, this wasn't some accidental damage in a parking lot. This was your willful commission of a crime.
  • 11-28-2014, 05:55 PM
    souperdave
    Re: Civil Rights Violation - Wrongful Arrest and Conflict of Interest
    Quote:

    Quoting Dogmatique
    View Post
    I hadn't realized we were dealing with a 13 year old brat.

    He perhaps needs his parents to ground him, given his cute little obnoxious passive-aggressive self.

    I say give the OP a full refund and show her/him to the door. :D
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