Victims Rights: Wrongful Arrest and Conflict of Interest

mardi 25 novembre 2014

My question involves criminal law for 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!!!





Victims Rights: Wrongful Arrest and Conflict of Interest

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