JohnnyK:
I don't live along the Cahulawassee River. I'd love to, it's a great part of the country, but there's not much work down there. Too many honest people in Central Georgia.
Back to the subject.
I really hate to go into such long detail, but I feel it in the best interests of the Forum to know this and not jump to any wrong opinions.
A lesson in Police 101 this time.
I have obtained additional information from a Retired Detective that worked 20 years in the Police Department of a large city south of Richmond, CA. He has reviewed this post and may contribute additional comments directly. Thank you Crusher.
George calls the Richmond Police and tells them there has been a theft from his business, the Fiero Shop. The Richmond Police MUST come to Investigate after receiving this call. Normally any Initial Investigation would be by a Patrol Officer, but there could be a determination made prior to any dispatch and a Detective may be assigned as they are responsible for investigating any Theft of Property.
If George said a Theft was In Progress, that would be another story.
The Detective must obtain a complete description of the items stolen, the approximate value of these items, proof of ownership, and details surrounding the theft such as when they were stolen, where they were stolen from, and last but not least, any person or persons that George suspects were involved in the theft. George must admit that he was not present during the theft and did not actually see Terry steal these parts. George should also provide the names of individuals who can provide additional information to support the complaint.
Most individuals in George's position are not prepared at the time of this Initial Investigation to provide ALL of the information required. If George was prepared, this becomes an Offical Investigation and a Incident Number is assigned. If George is not prepared, the Detective will do a Follow-Up and an there may or may not be an Incident Number.
Over 80% of the complaints of this type were withdrawn or dismissed prior to any Official Investigation in Santa Clara County, CA (near Richmond) during the year 2000.
Let's say George is prepared and provides ALL of the information required.
Lots of factors involved here:
1. What was the value of the parts stolen ?
Unfortunately, the theft of a few hundred or even a few thousand dollars does not attract an immediate active investigation. Many have mentioned "Grand Theft" and "Felony" and other terms, but this is not the Detective's job to quantify the nature of the theft. He must rely on George's estimate and note this during the Investigation.
2. What method was used to steal these parts ?
If Terry came in with a gun and forced George to give him the parts, this is NOT Theft. If Terry broke a window, entered the Fiero Shop a 2:00 AM and hauled the parts away, this is NOT Theft. If Terry was not an employee, walked into the Fiero Shop and went on a Shopping Spree without paying, and then left with George's parts, this MAY be Theft (maybe even Tresspass). If Fiero Shop Employee Terry put the parts in his pocket or in a box and then walked out the door after work one afternoon, this MAY be Theft. If Terry over a period of time took a part here and a part there and George was aware of this and asked Terry not to do it anymore, and did nothing to report it to the Police at that time, it MAY NOT be Theft. I am hopeful that everyone is aware of previous posts to this and several other Threads to understand this last issue.
It could be nothing more than a simple misunderstanding.
A Detective must be objective during the Investigation and must only gather the facts and pass them on to continue a Process. Remember, he only has George's side of the story and George's Employees' knowledge of the crime to complicate the issue. The Detective must rely on information from a Second Party, not George, to support the evidence. What if these other employees who were willing to provide additional information of Terry's guilt didn't like Terry getting "paid in parts" for playing on the Computer all day ? Again, I hope everyone has been following the other Threads about this subject to understand my last comment.
3. Are there any other factors that will change the nature of the investigation ? There is the possibility that these parts were stolen and transported across state lines. This does not mean that the FBI will get involved immediately in the investigation but they can get involved unlike earlier expert opinions.
Let's say George lists a part stolen that he uses in the production of a product that he markets in Interstate Commerce. It could be as simple as modifications to a part he includes with a Chevy clutch so it will perform flawlessly up to 500 HP in a Fiero Engine Conversion. If Terry took one of these modified parts there could be an exposure aside from any Civil Action. A little loop-hole like this has gotten immediate response from the Federal Authorities in the past. I am sure a Detective would find a way to pass this case off if he was sure the Scope of the Crime was Beyond his Authority. Let me tell you, right now, the FBI has more important things to do.
3. What does the accused have to say about this ?.
Successful Detectives are ones that can contact the individual accused and get their side of the story. He isn't going to come to Kentucky and knock Terry's door down and arrest him. Before the Detective makes any contact, this is where homework counts. Is there any record that Terry has done anything like this before ? Is there any record that something like this has happened to George before ? Have any of the individuals (that were willing to provide additional information about Terry's guilt) been involved in something like this before ? Does the list of stolen parts look like they are suspect ? Does the value of these parts appear to be reasonable ?
I do not mean to imply anything here, remember, it's the Detective that is just gathering the facts.
Let's say the Detective does contact Terry. Let's say that Terry tells the Detective that he has some if not all of the parts George claims were stolen.
What a lucky day for that Detective.
All Terry has to explain is that he has a Promissory Agreement signed by George showing that he is entitled to $10,000 worth of George's Fiero Parts. The Detective must consider this Agreement at this time in the Investigation. In addition, all Terry has to say is he did not steal any of the parts that he currently has or had in his possession. Terry has already told us he didn't steal any parts. George says Terry did steal from him and HE can prove it.
Now here's where it can get complicated.
The Criminal Investigation may not continue until George and Terry resolve the matter of the Promissory Agreement in a Civil Action.
The Investiation may continue if the Authorities feel that Terry can be found accountable in the Theft of George's parts Beyond the Merits of the Promissory Agreement. What I mean here is if it was found during the Investigation that ONLY "parts used to maintain Fieros" as Stipulated in the Agreement were in Terry's possession, nothing could be done in a Criminal Action until a Civil Action is complete. If it were found that Terry was in possession of let's say a Tool Box that George says he stole, and that Tool Box was not listed in detail as Stipulated in the Agreement, the Criminal Investigation could continue. But what's not to say during the Criminal Investigation Terry could obtain an Expert to state the fact that one could use the Tool Box to support the back end of a Fiero when changing a transmission. Jack stands are parts used to maintain Fieros. Been there. Done that. There are Forum members out there that can even be Experts. I know this is a stretch, but if there is any doubt, THE CRIMINAL INVESTIGATION WON'T CONTINUE on the merits of the Civil Case.
If there is any Civil Action taken, most, if not all of the time, an agreement is reached at the conclusion of the Civil Case to dismiss any Criminal Proceeding that would continue or follow.
If the Detective knows about this Promissory Agreement Up-Front in the Investigation, he may not do anything but encourage George to get an Attorney. There are REAL bad guys out there getting away with murder and he has better things to do than investigate a cat fight.
Now we are back to square one.
Terry holds the Ace and has an Promissory Agreement signed by George.
George says he hasn't recieved a copy of this Agreement, so it isn't valid.
Civil Court time.
All the way back to the beginning.
I would like to hear more from Terry on this.
Tell me to go away and I will.
The only indication we have that is what happened is the account of someone that "forgot" to mention that there was any sort of agreement when he first posted here, what else did he "forget" to mention? I'll agree that tgowens ain't exactly coming across squeaky clean in this either though...
