So last week my bike was stolen from my garage, not my gs ti was my CBR1000RR :mad:
I got lucky that there was an undercover cop who witnessed the whole thing and caught some of the guys.
3 guys in a truck got charged with burglary of a habitation, which is a class 2 felony but the guy on my bike got away.
1 of the three got his charges dropped for ratting out the guy who actually took the bike so now the cops know who he is and are looking for him.
I am wondering what legal avenues I may be able to pursue to get financially compensated.
I am told the judge is likely to order restitution once they go to trial but is there anything else I can do?
I'm not sure if there is anything I can do to influence the judgment for restitution, anybody know?
I am also wondering if I could get anything out of a civil suit.
I am almost glad that I wasn't home, if I was I know I would have shot 1 or all of them and that wouldn't be fun to live with.
Man, I'm sorry I can't help you but I'm glad it seems to be turning out in your favor. Not sure what the laws are in your state but shooting someone in OH can get you in trouble unless you can prove they were a physical threat and you feared for your life. Unfortunately, just because they are breaking into your shaZam! doesn't give you the right (according to OH) to shoot them!
My advice would be to speak with a lawyer, most offer free consultations and can offer the best advice on how to proceed.
I am glad to live in Texas, if someone breaks in to your house at night you have the right to shoot them.
Yeah OH likes to play it as you must exhaust all options of escape before being ok to use force. Its a little shitty if you ask me. I should be aloud to protect my property if they're dumb enough to steal it or damage it with me around!
Good luck!
shaZam! damn hell Buddha Loves You f%$k
Haha, sorry about that. I kept seeing shaZam! and I thought it was just a word one of the new guys brought here with them over the last week or two, then i figured it was one of our forum edits, I just wanted to check and see what word it was. My first guess was right, and apperantly hell doesn't even hit the rader.
Anyway, good luck with the bike. I see a ton of salvage titled bikes that people say were just stolen recoveries. Do all stolen bikes get returned with a dirty title, or is that just if you buy it from the insurance company? I hope it works out for you, with all the stories I've heard about people getting hit by uninsured drivers with no money and all that, you'll just have to hope the guy who took it has some money to pay you for damages. You may still have to take him to small claims court though, I'm not sure that criminal court cares much about that. Either way, you may get luckily enough to get some court papers with his address, or at least full name, and you can go to his house in the middle of the night and shoot his children.
Uninsured, you get nothing unless the court bothers to award you anything and the sleaze has anything to be awarded (which they won't, as they will have given it all to the lawyer and/or relatives by the time the wheels of justice grind, a year or more from now, assuming they even got the right name from the accomplice.)
:police: "Hey, has anyone seen Owata Goo Siam running around the neighborhood on a CBR1000RR recently?"
I have the full names and addresses as well as next of kin of all 3 guys charged with the burglary.
I also have pictures of all of the guys, I found their motorcycle club and they all have matching tattoos of the club logo on their arms.
Today I found out that the guy who actually took the bike is the owner of a bike shop in the Dallas area, and I know the name of the shop.
The police have had a task force watching his business since the burglary 1 week ago as he is suspected of running a chop shop.
It is definitely a chop shop, the pictures I found of it on his facebook show tons of bikes in various stages of dismantling.
He has plastic totes full of bike parts, shelves full of fairings, a wall full of wiring harnesses, and a stack of engines.
apparently all of his buddies gave him up to the cops within hours of being arrested and they have been watching him ever since.
I have all the info on these guys that I need to find them and their friends and their families so I will be getting repaid either through the legal system or otherwise.
Wow, I wonder what the chances are your bike is still in one piece. Sorry for the mental picture. :embarassed:
At least they shouldn't have a problem getting what you owe, the company should have enough "assets" seized to more than pay you back. Hopefully there's no trouble from the 'gang' in the future. It doesn't sound like they're a real solid group of guys as it is.
I am sure the bike was stripped for parts and or ditched somewhere the same night it was stolen.
The guy on the bike watched his buddies get arrested as he sped away.
If it were me I would drive it directly off a pier into a lake to make sure it was never found.
I'm so glad Florida has the "castle" law. If you are unlawfuly on my property and I feel that I or my property is endangered buh bye! Makes criminals think twice.
I have insurance on my bike though for this reason. The criminals very rarely ever pay you restitution. And when my roommates bike was stolen his case was closed after a week. When my car was broken into same story. It is not on the list of priorities for the police.
Hope you get something out of this.
Mary
Quote from: utgunslinger13 on May 21, 2010, 09:08:16 AM
Yeah OH likes to play it as you must exhaust all options of escape before being ok to use force. Its a little shaZam!ty if you ask me. I should be aloud to protect my property if they're dumb enough to steal it or damage it with me around!
Good luck!
It's called a 'Duty to Retreat' and it's one of the few things our founding father's saw fit to drastically alter from Old English Common Law when establishing our nation. 'Duty to Retreat' is unconstitutional. (Not that that would stop our modern government, Capt. 0 nominated a SCOTUS justice that publicly expressed her opinion that the 1st amendment should be optional)
Down here in Dixie, we the Motive, Intent and Means qualifiers. If someone has 2 out of 3 you are justified in 'fearing for your life'. If someone is in your house, they have the means to do you harm. If someone is in your house after dark, it is legally permissable to assume they have the intent to harm you.
Edit: Dohabee, yes you have a valid civil case for damages. BUT, the defendant would need to have assets for you to enforce a judgement. If they're out stealing bikes, they most likely don't have visible liquid assets.
One last bit of advice: The proper application of the barrel of a .45 to a forehead is an incredible motivator to 'do the right thing'. Seriously, what's the fucher gonna do if you stick a gun in his face? Call the cops? That'd be funny. 'Ummm, yeah, officer, this guy stuck a gun in my face' 'why? umm, it might have something to do with when I broke into his house and stole his motorcycle' No DA in Texas is going to bust your nuts on ADW for that, at worst you'll get a fine for 'brandishing'
I know all 3 guys have bikes and cars although they could have liens on them. One guy seems to be fairly well off, he is in management at a telecommunications company. The guy that took the bike owns a motorcycle shop, he has several vehicles and all kinds of stuff at his shop. I am sure the majority of his things are stolen but hopefully he has some legally acquired assets he can sell.
I know you've said he has a shop. Do you mean, the title is in His name - or - he just appears to own it but it might really be in his wife's name and she employs him to run her business?
Don't know about US... but in Aust, after a judgement in your favor, the low life has time to pay. If he doesn't YOU must then file again. Eventually, a Sheriff can come and confiscate goods of his to the required amount so that once sold at Auction you're $$$ is reimbursed. And it all takes time... lots of precious time - and $ from you for filings etc.
If he has a wall full of parts, he'd have receipts for their acquisition, you'd think. Otherwise the IRS might be very interested too.
Chances are he also has a Storage Shed somewhere. And that'd have complete bikes in it as well as parts. Idiot probably has receipts from his storage shed payments leading cops right to it.
Wonder if the telco company would be interested to know their Manager is involved in stealing motorcycles... they might wonder what else he has been stealing, maybe from them?
[insert vigilante justice rant here involving baseball bats and personnel from multiple offensive lines]
Now, could you tell us a little about where, prior circumstances, etc., to the theft?
I know "your garage". But see, *I* feel crime is not as random as people/cops say. That there is Prior Knowledge / Inside Information. So HOW did these guys know you had a CBR1000? HOW did they know it was kept in your garage? HOW did they know you weren't at home? HOW did they gain access to your garage?
Michael
He actually owns the business, it is called lone star cycles, he has pictures of his business license hanging on the wall in his office and it lists him as the owner, his dealers license number, the address of the business, the max occupancy of his building, and his home address.
I am sure they knew exactly what was in the garage before they opened it. My guess is they either spotted the bikes randomly or perhaps a friend of theirs lives in the apartments somewhere.
Another possibility is that someone else involved in their chop shop operation posed as a prospective buyer and responded to my ad on craigslist.
I have looked through lots of pictures of the thieves and their friends but don't recognize any of them as someone I showed the bike to so I am not sure.
A word of caution for all those who live in apartments and have a garage. If your garage door can be opened by maintenance using a key you should disconnect the wires going from the key plate to the door motor.
They pried the key plate off and connected the 2 wires and had my door open in seconds.
I am very tempted to help myself to some or all of his things.
The detective will call me when they arrest the shop owner, I know where his house and his shop are located and if he is in jail they will both be unattended.
Quote from: dohabee on May 22, 2010, 08:13:37 AM
I know all 3 guys have bikes and cars although they could have liens on them. One guy seems to be fairly well off, he is in management at a telecommunications company. The guy that took the bike owns a motorcycle shop, he has several vehicles and all kinds of stuff at his shop. I am sure the majority of his things are stolen but hopefully he has some legally acquired assets he can sell.
If he owns the shop and everything is on the books.....
Most states have some form of a 'Till Tap'. After a certain amount of time and attempts to collect, you can turn it over to the local fuzz and they will remove $$$ from registers and/or safes on the premise. In some jurisdictions, they are permitted to seize property and auction it off to satisfy the judgement. A word of warning though, most of the time, they will take a percentage off your judgement as their fee.
Quote from: dohabee on May 22, 2010, 01:44:02 PM
Another possibility is that someone else involved in their chop shop operation posed as a prospective buyer and responded to my ad on craigslist.
I have looked through lots of pictures of the thieves and their friends but don't recognize any of them as someone I showed the bike to so I am not sure.
Craiglist = Bingo. IMO.
Time to check phone records? Or not even bother seeing as they got 'em.
If the US is anything like Aust, loads of people SAY they are coming but never do. Very easy to say they're coming, get your apartment number. They know which garage to open as I assume there are some kinds of markings.
Michael
here are some pictures of the worthless motherfuckers and their chop shop just for fun.
Please don't attempt to contact them via facebook or anything else.
I would prefer they remain unaware that I know who they are... for now.
(http://i890.photobucket.com/albums/ac101/haloories/Christopher%20Robert%20Watson/7677EF343B0CTitleWatsonChristopherR.jpg)
This guy was driving the truck the night of the burglary, he was charged with failure to signal a turn, and burglary of a habitation.
(http://i890.photobucket.com/albums/ac101/haloories/Jamal%20%20charles%20Pedescleaux/D5D33E10BBDFTitlePedescleauxJamalCh.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/Jamal%20%20charles%20Pedescleaux/27782_117063131652029_1000004502955.jpg)
This guy was the lookout, he got out of the truck and went into my garage to warn his friend when they spotted the unercover. he was charged with public intoxication and burglary of a habitation.
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/14129_106409776052511_1000005046632.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/10843_102242326464931_1000003749140.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/10843_102241996464964_1000003749140.jpg)
here is the guy that got away on the bike and actually owns the motorcycle shop (guy in the middle)
He has a felony warrant for burglary of a habitation plus an additional charge for the theft of the bike which I believe is valuable enough to constitute an additional felony.
And some pics of the shop:
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/14638_104563182888748_1000000520047.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/14638_104563179555415_1000000520047.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/14638_104563169555416_1000000520047.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/14638_104563162888750_1000000520047.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/14638_104563009555432_1000000520047.jpg)
(http://i890.photobucket.com/albums/ac101/haloories/rick%20yielding%20and%20lone%20star%20cycles/14638_104563006222099_1000000520047.jpg)
Again I ask that everybody please refrain from making any kind of contact with any of the guys involved.
You want this kept on the Q.T. so you put it up on the internet? Good plan! :cookoo:
You'll get your bike back after the trial and you won't get any compensation for your inconvenience. I know it sucks but that's the law. As for civil suits, you're actually thinking about suing a criminal? Is suffering something you really enjoy? Getting a judgment is one thing. Collecting is another.
Quote from: dohabee on May 22, 2010, 01:44:02 PM
The detective will call me when they arrest the shop owner, I know where his house and his shop are located and if he is in jail they will both be unattended.
While that's clearly the funnest plan available, the cops know where his stuff is, and trying to hork stuff that's possibly under police supervision is, well, a bad idea as the guy with your now knows.
I figure there's a good chance you'll get your bike back without a scratch on it. I feel like the fact that he knows he's gonna get caught, he's gotta know better than to try to do anything to the bike now. He's just biding his time at this point, and he's probably got the bike stashed in a friends garage until he stops hiding. There'd be no point to stripping the bike down now considering there's no point in acting like he doesn't have it.
Quote from: dohabee on May 23, 2010, 08:08:08 PM
Again I ask that everybody please refrain from making any kind of contact with any of the guys involved.
I would be very cautious posting stuff like this on the web then asking that no one contacts the people pictured. I know the legal system is suppose to be great but there can be attempts to come after you for slander and defamation of image since you have their pictures and shop images (without their permission) on the web. Just sayin...... I would personally have waited until everything was rectified then go to town on blasting them.
Good luck with everything though and I hope the scum bags pay for taking your bike (and probably many others from the looks of it). Good luck!!
Well, if he got the pics off the net it is public domain. Esp. the mug shots those can be found on the county jail sight along with their charges.
I still would have waited to post them however.
Mray
I am not worried about getting in trouble in some way by posting their pictures. All of their pictures are from the county jail's site or from facebook.
I just didn't want someone trash talking about my missing bike on the guys facebook wall. :dunno_white: