Wednesday, February 17, 2010

Police-run biketheft and cartheft rackets in Blount County TN

From an email:

Legalized Robbery

Hello I live in Maryville, Tn., and I would like to tell you a story about what has happened to me.

Sometime during the night on January 2nd I had a home invasion in the middle of the night.

Robbers came into my garage and stole two dirt bikes. Mind you they had to move things around to get these out, another was pushed to the side of the house I imagine so that they could come back later for it.

On January 3rd we called the Maryville Police department to file a report. A report was taken.

At this time we discovered from the officer that there was a group of teenagers in the area steeling street bikes and off road vehicles from peoples houses. A couple of days later one of the bikes was recoved in a place familiar with the Police Department and local Towing Companies as the places where these teenagers are storing these bikes until they figure out what to do with them. This one was found at one of those spots (this bike was a RM125 Suzuiki). A couple of weeks later my husband and a friend was driving my son to work and noticed a teenager about two blocks away from our house on the other one of our dirt bikes (this one was a KX60), my husband jumped out of the car and got in front of the kid and said this is my bike I'm making a citizens arrest and detained the 20 year old while the police was called.

The police wanted to take the bike, so we let them. We left before the tow company got there. (Butler's Towing)

We thought that the cops had taken the bikes to finger print to be honest with you, and build cases against these individuals.

Today we thought this is just to long to have our bike we really need to push hard to get an answer as to what is going on with our dirt bikes.

Detective Davis informed us (and was a bit surprised) that we needed to pick up our bikes ASAP (they had forgotten they had them) and if we picked them up today that we would not be charged. So in the snow we left on our journey to pick up two dirt bikes at two different tow truck companies in our piece of crap truck (we are poor people). We had to borrow $20 from my oldest son just to get to these places to pick up these bikes. (these bikes were christmas presents for 2 of my 5 children).

When we went to Butler's towing the lady graciously informed us that she needed to call Jerry the owner (the lady at the desk is his wife) and they needed to decide how much they were going to charge us since it had been towed and stored there a month. I collapsed and started to cry, knowing I have no money to get this bike. I was robbed and being robbed again. I pleaded with the lady please please I have no money I was robbed and over and over and over she reiterrated to me do you think we run a buisiness here for free. We told her that Detective Davis told us there would be no charge but she was so mad at me already because I said I was being robbed again it was over for me and me picking up my 7 year old sons KX60. She said are you calling us thieves and I said yes because I think that this is the truth. I was robbed from my house, and the very people that are suppose to protect me the Maryville Police Department that I pay tax's to protect me made a mistake and now are letting these tow truck companies steel from me. Jerry Butler with Butler Towing would not let me pick up my dirt bike, he would not give me a price either.

I kept calling Detective Davis to tell him but he said we upset them so much that he didn't even know if they would negotiate on the price.

Negotiate..................... I was robbed you guys towed the bike and now I have to pay???????? Legalized Robbery from where you would least expect it, and I don't want this to happen to someone else, and I was wondering if you guys could help me?????? I picked up the other dirt bike it was $200 from the other tow truck place after I pawned musical instruments that belong to my son this was all I had to pawn. Please help me!!!! I think this guy did not have the dirt bike at the tow yard, I think he has kids/grandkids and had the bike at his house which is why he did not let me pick it up yesterday. I think he is going to charge me some outrageous amount of money, the bike is only worth $500 so he know that we will walk away. I need your help, how can these tow truck companies get away with this, how can the police let us be victimized again?????? I'm suppose to call Jerry Butler with Butler's towing tomorrow to discuss this bike, what's there to discuss it's my bike I want it. How can they charge me for the Police Departments mistake, and how can the police department willingly let us get robbed again? This is so not right, and I want to stand up for my rights, and I need help. I am poor. My husband on disability, I was laid off work. I have no food in my fridgerator but these people are more than happy to take every penny I have. The funny think is I have a tow card if I would have known I was going to be charged for towing I would have used my own card. If I would have known I was going to be charged for storage my parents have 5 acres I would have stored it at there house.

I'm pleading for your help so our community is not victimized again by our law enforcement and our tow truck companies. Please Please Please if anyone hears my cry for help........please help me and my family from this legalized gambling ring from our own......

The Law

Maryville Police Dept ordered the tow, not the vehicle owner. This is called a "non-consentual tow". Thus the towing contract is between City of Maryville Municipal Corporation and Butler's Towing Service Corporation, and the City of Maryville owes the tow bill, not the vehicle owner.

"Consentual towing" is when a person calls a tow company and orders a tow. No max price set, other than what the customer and tow company agree to before the tow, by oral or written contract. Towing companies routinely bribe cops to call towing companies that are not approved by govt contract and not on the rotation list. These crooked towing companies "bait and switch" their victim to "voluntarily consent" to an unlimited towing price, when in fact it is a non-consentual tow that has a max price (or no price). This is the crime of felony fraud and extortion under TN Code.

Duress and fraudulent concealment void all contracts.

"Non-consentual towing" is when police order a vehicle towed. This has a max price set by govt contract, often in the range of zero dollars to $25, due to bid-rigging and bribery. Contrary to the pathological lies by mafia towing companies and their mafia lawyers, local govts can set max prices for non-consentual towing, under the Federal Aviation Administration Authorization Act:

TITLE 49 § 14501. Federal authority over intrastate transportation

(c) Motor Carriers of Property

(2) Matters not covered. Paragraph (1)

(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.

(5) Limitation on statutory construction.— Nothing in this section shall be construed to prevent a State from requiring that, in the case of a motor vehicle to be towed from private property without the consent of the owner or operator of the vehicle, the person towing the vehicle have prior written authorization from the property owner or lessee (or an employee or agent thereof) or that such owner or lessee (or an employee or agent thereof) be present at the time the vehicle is towed from the property, or both.

Legal Options

Step One: Contact the detective in charge of your bike theft cases at Maryville PD, and the prosecutor in charge of your theft cases at the Blount County attorney general office. Tell them you expect the thief or theives to pay all towing bills as part of a restitution plea agreement, and you want your stolen property returned immediately to your possession, without you having to pay the towing bill. Otherwise the govt will profit from fines and court costs, while the crime victim gets left with a $1,000 tow bill, and forfeiture of their stolen vehicles for a bogus "mechanics lien". Contact the detective, prosecutor and court clerk every week to check on the status of you case, and any scheduled court hearings, especially since you will be required to testify, perhaps in multiple hearings.

In most jurisdictions, it is illegal for towing companies to store vehicles at private wrecker storage lots, after police-ordered non-consentual tows. It can only be stored at govt-run impound lots. This is the case in Knox County, with separate impound lots run by KPD and Knox County Sheriff. If this is true in Blount County, it is felony theft for a towing company to store a car at a private impond lot. A call to the City of Maryville Finance Dept should reveal what the towing contract requires for police-ordered tows, whether a govt impound lot or private wrecker lot.

One option is to file a written claim for financial damages at the City of Maryville Law Dept, Risk Management Office. This is the same as filing an insurance claim, since municipal cororations are self-insured, or have a liability insurance policy. Whether the Law Dept pays the claim or not, this step is mandatory before suing under the Tennessee Governmental Tort Liability Act.

Another option that can get a fastest result, is to call the Teleserve phone number at Blount County Sheriff Office, and demand a deputy meet with you at the wrecker companies. When the deputy arrives, calmly demand their arrest for theft, fraud and extortion under TN Code if they refuse to return your stolen property for free. This option is explained in the Motorists Bill of Rights published by City of Knoxville Municipal Corporation. You can also file a written Affidavit of Probable Cause for Criminal Complaint with a detective in Blount County Sheriff Office Cartheft Division. The affidavit should be signed by a notary, often available for free at your local bank.

Note that cops are never allowed to make arrests for misdemeanors, when the cop did not eyewitness the crime, except in cases of domestic violence in Tennessee.

TN Code 40-7-103. Grounds for arrest by officer without warrant.

(a) An officer may, without a warrant, arrest a person:

(1) For a public offense committed or a breach of the peace threatened in the officer's presence;

(2) When the person has committed a felony, though not in the officer's presence;

(3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony;

(4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested;

A single old worn-out motorcycle might not have a retail value over $500, which is the lower limit for a felony charge, which means a cop is NOT allowed to make an arrest, unless they eyewitness the crime. It's debatable whether a victim catching a criminal in possession of a stolen motorcycle ("concealing stolen property") is "witnessing a misdemeanor crime in progress", so the next step may be required. Billy "Moon" Mullins, the ex-cop owner of Sutherland Avenue Wrecker in Knoxville, was arrested for concealing stolen property.

Or make a citizen's arrest if the deputy refuses to uphold the law. Then allow the deputy to transport your prisoners to booking at the jail. A citizen's arrest requires physically touching the suspect, the ntelling them, "You are under arrest", to put them on legal notice of the arrest. If the deputy refuses to transport your prisoner to jail, you may do so yourself, by gagging and hogtying the prisoner(s) if required. This is how all private security guards make arrests, such as for shoplifting, and they even have their own private jail cells ("holding cells", "store jail") to wait for police to arrive and deliver them to booking at jail. If a citizen's arrest is made, you must immediately prepare a sworn Affidavit of Probable Cause for Criminal Complaint for use by the prosecutor in an initial appearance before a Blount County judicial commissioner signing the arrest warrant, before a judge can hold a bail hearing (if bail not already paid to a bail bondsman). Warning: Citizen's arrest's done improperly can result in being sued for false arrest and false imprisonment, even when the criminal is caught in possession of the stolen property.

Tennessee Code

40-7-109. Arrest by private person — Grounds.
(a) A private person may arrest another:
(1) For a public offense committed in the arresting person's presence;
(2) When the person arrested has committed a felony, although not in the arresting person's presence; or
(3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.

40-7-110. Arrest by private person — Time.
A private person may make an arrest for a felony at any time.

40-7-111. Arrest by private person — Notice of grounds.
A private person making an arrest shall, at the time of the arrest, inform the person arrested of the cause of the arrest, except when the person is in the actual commission of the offense, or when arrested on pursuit.

40-7-112. Arrest by private person — Notice of intention to make arrest — Use of force to enter dwelling house.
If the person to be arrested has committed a felony, and a private person, after notice of the person's intention to make the arrest, is refused admittance, the arresting person may break open an outer or inner door or window of a dwelling house to make the arrest.

40-7-113. Disposition of person arrested by private person.
(a) A private person who has arrested another for a public offense shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to an officer.
(b) An officer may take before a magistrate, without a warrant, any person who, being engaged in the commission of a public offense, is arrested by a bystander and delivered to the officer, and anyone arrested by a private person as provided in §§ 40-7-109 — 40-7-112, and delivered to the officer.

40-7-114. Pursuit after escape.
If a person arrested escapes or is rescued, the person from whose custody the arrested person escaped or was rescued may immediately pursue and retake the arrested person at any time and in any place within the state.

40-7-115. Breaking in to retake escaped prisoner.
To retake the party escaping or rescued, the person pursuing may, after notice of that person's intention and refusal of admittance, break open any outer or inner door or window of a dwelling house.

A citizen's arrest allows use of deadly force in self defense, but not in making the arrest, contrary to the pathological brainwashing from Hollywood and TV. Deadly force is common in citizen's arrests during home invation burgleraries, but shooting first without hesitation is only allowed inside one's own home under TN Code.

Whether arrest is made by cop or by citizen, a criminal prosecution and verdict may result in "restitution" being paid to the victim. Restitution might include cost of the vehicle if damaged, the daily "rental rate" the vehicle is worth, or the cost of the towing bill. This is often done as a plea agreement for "diversion" that does not result in conviction, if the defendant stays out of trouble during probation, and pays all of the agree restitution to the victim. The perp can then file a motion for expungement, but the arrest can still be used against him for sentencing enhancement in future cases.

Citizen's arrest of towtruckers and resitutition paid to victims has been done is several towing theft cases in Knox County, which included moonshining at the wrecker chopshop.

Another option is to contact the Tennessee State Police and file an Affidavit of Probable Cause for Criminal Complaint. This can result in the towing companies fired from their govt contracts and banned from non-consentual towing on the police rotation list, to keep the local police and politicians from going to jail. THP and State Police can help keep local cops relatively "honest", which is especially important in Blount County. Warning: TN State Police routinely gives towtruckers free title for any vehicle listed as "stolen" in NCIC database, without notice to the vehicle owner.

Tennessee Auditors Arrive, 48 Blount Sheriff cars missing - "The state auditor arrived in the County a few weeks ago. The auditor was able to find only 239 vehicles. What happened to the other 48 vehicles? But the Sheriff wants the taxpayers to support a tax increase, so that he can have even more money to spend next year. Does this make sense to you?"

"10% of cops are honest, 10% are dishonest, and 80% wish they were honest."
-Detective Frank Serpico, NYPD, testimony to Knapp Commission

2. to steal; filch.
3. to buy (narcotics).
4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out.
b. cop a plea.
5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence.
b. to plead guilty to a lesser charge as a means of bargaining one's way out of standing trial for a more serious charge; plea-bargain., Random House Unabridged Dictionary 2006

“I’ll burn your house down, set your dog on fire and there won’t be a member of your family left, do you understand me? I won’t hire it done, I will do it myself! Do you understand me?”
-Deals Gap Blount County sheriff James B. Wrong, United States Court of Appeals, Sixth Circuit, Nuchols v. Berrong, No. 04-5645, July 11, 2005

Knox County sheriff Tim Hutchinson confessed in the newspaper to stealing cars at West Town Mall with convicted copkiller towtrucker Roy Lee Clark, among many other felonies, to include six criminal convictions for perjury, renting an airport from a convicted dope dealer, building 400 houses as sheriff with his convicted felon partner without a contractor license, a $17-million bank robbery from his car dealership in Oak Ridge, and suspected arson while employed as a bouncer at a nighclub. "Teflon Tim" is now running for mayor of Knox County Municipal Corporation. Knox sheriff Joe Jenkins was sent to prison for stealing $1-million in vehicles per day from RV dealers, to feed his cocaine addiction.

A third option is to contact a lawyer to sue to recover the stolen property from the towing company and the municipal corporation, with attorney fees paid by the govt by contingency fee. The risk is if the lawyer loses, "legal expenses" must still be paid by the client. Towing law archive. This is by far the slowest option, and civil lawyers are usually not "ethically" allowed to discuss criminal charges to "gain an advantage" in a civil case (which is the felony of extortion). That does not mean the client can't immediately file criminal charges on his own. Warning: Many cops, lawyers, prosecutors and judges are controlled by the chain of command in Freemasonry, which carries death oaths if they testify against fellow Masons in court, which is why crooks join the Masons as fast as they can, according to US president John Quincy Adams, founder of the Anti Masonic Party.

A fourth option is simply picking up your private property without asking permission from the towing company, after hours when the business is closed. A large $30 bolt-cutter will be required. This option is only advisable when a person absolutely believes their vehicle was unlawfully stolen, and can explain that law to a judge, if required. In my personal experience, police will not arrest a person for cutting a lock off a gate at a towing company at night (Groove Garden and Jim's Wrecker towing scam at Northshore Drive in Knoxville). After recovering your vehicle, a new padlock placed on the gate, along with your phone number and a business card to "your" lawyer will result in a humorous phone call the next work day, begging to be allowed entry into their own business.

Victims of govt-run cartheft rackets can always contact their local news corporations, to do an interview and investigation for publication. Looks like the Pirate News Radio Show on WBCR Truth Radio 1470am in Alcoa TN will cover this breaking story.

I had 2 cars stolen this way, with police and wreckers denying they took them for 2 months, then sending me a $2,500 tow bill. Three class action lawsuits, felony charges filed and 100 towing contractors fired, but I never got my cars back. Now I carry a gun and a bolt-cutter, and know the TN Code for making a citizen's arrest of a private person.

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