Here's a good story....one night I was unloading a car in our impound lot and this dude creeped up behind my back to jump me or whatever but our German Shepard Gooch hit him like a freight train and tore him up pretty bad while I watched for a while.
He got out of the hospital the next day and came around wanting us to pay his medical bills!!!!!
Tow truck driver shoots man
- Thread starter BrianKesler
- Start date
RaiderDm
Registered
Here is an update to the story.
TAMPA - Attorneys for the owner of a tow truck company who fatally shot a man during a dispute over an impounded car say the shooting was justified under Florida's new "Stand Your Ground law."
If the owner is charged, it would be the first time in Hillsborough County anyone invoked this defense, said Pam Bondi, spokeswoman for the state attorney's office.
Signed by Gov. Jeb Bush in October, the law says residents do not have to retreat from an aggressor about to use imminent deadly physical force on them.
The death occurred Sunday morning after Glen "Chuck" Rich left the Sugar Shack nightclub on East Hillsborough Avenue and discovered his car was impounded by Private Property Commercial Impound. The company contends the car was parked illegally on private property next to the nightclub.
Rich, 30, was shot in the upper right side of his chest by PPCI owner Donald Montanez as he supervised the impounds, police said. Montanez's attorney, Roger Rigau, said his client fired only after Rich hit a PPCI tow truck driver with his car and then fled, steering his car at Montanez and his company's manager.
"Montanez and the manager both dove out of the way," Rigau said Wednesday. "He doesn't know where the shot went, but it was during the process of the dive."
At least five PPCI employees were present at the incident in a lot near the club from where the impounded cars were taken, Rigau said.
Rich drove to a nearby convenience store where he called his wife before collapsing. He died at St. Joseph's Hospital from his wound, sheriff's deputies said.
Rigau said the tow truck driver who was struck received minor bruises and declined medical treatment.
Celester Rich, 28, was with his brother and a friend when the shooting took place. His version of the shooting differs from Montanez's.
He said that, Chuck, and a third brother, Ernest Rich, went to the nightclub Saturday night to try and forget about a fourth brother's accidental death last week. The fourth brother, Mellamounta Hayes, died in a car wreck in Bradenton.
When the brothers left the club about 5 a.m. they were told Chuck Rich's new Chrysler was impounded at a nearby lot and that it would cost $150 to get it back. They walked about a quarter mile to the lot and spotted Glen Rich's car, Celester Rich said. About five men approached, armed with black night sticks and flashlights.
Celester Rich said Montanez then drove up and pointed a pistol with a red laser aiming device at his head.
"I told them we just wanted our car," Rich said.
He walked to the passenger side of the car, by the wheel. Then one of the tow truck drivers tried to affix a steel boot to the wheel so it could not be driven. In the process, the boot hit Celester Rich, injuring him.
Chuck Rich then got in the car and drove away before the boot was affixed. Montanez fired a shot.
According to Celester Rich, Montanez then told him, "Now your friend is in trouble."
The case has been referred to the Hillsborough State Attorney's office, deputies said. Bondi declined to comment on the pending case.
Robert Batey, a law professor at Stetson University's College of Law, said the key question that state attorneys will consider is "whether the shooter had a reasonable fear of death or serious bodily injury at the moment he fired the gun."
"If he jumped out of way it could be argued that he no longer has fear of death or serious bodily injury," Batey said. "On other hand he could say he was still coming at me or something like that."
Rigau said that Florida's old use-of-force law would have permitted Montanez to shoot. That law, Batey said, mandated that "if you had the opportunity to retreat, you had to retreat before using deadly force to defend yourself. The new law says that the opportunity to retreat is irrelevant."
On Tuesday night and Wednesday morning Rigau's private investigators videotaped a re-enactment of the shooting where it took place. He said he hopes to show the tape to prosecutors before they decide whether Montanez will be charged.
"I can tell you [Montanez] is extremely distraught over the fact that he's taken a life," Rigau said. "And from the information I have gleaned in interviews and other sources, this clearly was a self-defense situation."
STANDING
YOUR GROUND
A person who is not engaged in an unlawful activity and who is attacked in any other place where he has a right to be has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony
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TAMPA - Attorneys for the owner of a tow truck company who fatally shot a man during a dispute over an impounded car say the shooting was justified under Florida's new "Stand Your Ground law."
If the owner is charged, it would be the first time in Hillsborough County anyone invoked this defense, said Pam Bondi, spokeswoman for the state attorney's office.
Signed by Gov. Jeb Bush in October, the law says residents do not have to retreat from an aggressor about to use imminent deadly physical force on them.
The death occurred Sunday morning after Glen "Chuck" Rich left the Sugar Shack nightclub on East Hillsborough Avenue and discovered his car was impounded by Private Property Commercial Impound. The company contends the car was parked illegally on private property next to the nightclub.
Rich, 30, was shot in the upper right side of his chest by PPCI owner Donald Montanez as he supervised the impounds, police said. Montanez's attorney, Roger Rigau, said his client fired only after Rich hit a PPCI tow truck driver with his car and then fled, steering his car at Montanez and his company's manager.
"Montanez and the manager both dove out of the way," Rigau said Wednesday. "He doesn't know where the shot went, but it was during the process of the dive."
At least five PPCI employees were present at the incident in a lot near the club from where the impounded cars were taken, Rigau said.
Rich drove to a nearby convenience store where he called his wife before collapsing. He died at St. Joseph's Hospital from his wound, sheriff's deputies said.
Rigau said the tow truck driver who was struck received minor bruises and declined medical treatment.
Celester Rich, 28, was with his brother and a friend when the shooting took place. His version of the shooting differs from Montanez's.
He said that, Chuck, and a third brother, Ernest Rich, went to the nightclub Saturday night to try and forget about a fourth brother's accidental death last week. The fourth brother, Mellamounta Hayes, died in a car wreck in Bradenton.
When the brothers left the club about 5 a.m. they were told Chuck Rich's new Chrysler was impounded at a nearby lot and that it would cost $150 to get it back. They walked about a quarter mile to the lot and spotted Glen Rich's car, Celester Rich said. About five men approached, armed with black night sticks and flashlights.
Celester Rich said Montanez then drove up and pointed a pistol with a red laser aiming device at his head.
"I told them we just wanted our car," Rich said.
He walked to the passenger side of the car, by the wheel. Then one of the tow truck drivers tried to affix a steel boot to the wheel so it could not be driven. In the process, the boot hit Celester Rich, injuring him.
Chuck Rich then got in the car and drove away before the boot was affixed. Montanez fired a shot.
According to Celester Rich, Montanez then told him, "Now your friend is in trouble."
The case has been referred to the Hillsborough State Attorney's office, deputies said. Bondi declined to comment on the pending case.
Robert Batey, a law professor at Stetson University's College of Law, said the key question that state attorneys will consider is "whether the shooter had a reasonable fear of death or serious bodily injury at the moment he fired the gun."
"If he jumped out of way it could be argued that he no longer has fear of death or serious bodily injury," Batey said. "On other hand he could say he was still coming at me or something like that."
Rigau said that Florida's old use-of-force law would have permitted Montanez to shoot. That law, Batey said, mandated that "if you had the opportunity to retreat, you had to retreat before using deadly force to defend yourself. The new law says that the opportunity to retreat is irrelevant."
On Tuesday night and Wednesday morning Rigau's private investigators videotaped a re-enactment of the shooting where it took place. He said he hopes to show the tape to prosecutors before they decide whether Montanez will be charged.
"I can tell you [Montanez] is extremely distraught over the fact that he's taken a life," Rigau said. "And from the information I have gleaned in interviews and other sources, this clearly was a self-defense situation."
STANDING
YOUR GROUND
A person who is not engaged in an unlawful activity and who is attacked in any other place where he has a right to be has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony
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HT_USMC
Registered
Based on this comment:
Roger Rigau, said his client fired only after Rich hit a PPCI tow truck driver with his car and then fled...[/QUOTE]
This will be interesting to watch unfold. If the brother (car) fled after the attempt, then it would be retaliation versus self defense. The fact that there were 5(ish) other workers there, the tow truck driver, and 3 brothers and only the brothers bothered to make a call, to the police or anyone else, still has my skeptism.
Roger Rigau, said his client fired only after Rich hit a PPCI tow truck driver with his car and then fled...[/QUOTE]
This will be interesting to watch unfold. If the brother (car) fled after the attempt, then it would be retaliation versus self defense. The fact that there were 5(ish) other workers there, the tow truck driver, and 3 brothers and only the brothers bothered to make a call, to the police or anyone else, still has my skeptism.
I like
for lunch.
BrianKesler
Registered
I think the tow truck drivers story makes more sense
Then why didnt the tow truck driver call the cops and say " someone just tried to kill me with their car"?I think the tow truck drivers story makes more sense
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BrianKesler
Registered
How do you have 3 people in a car and nobody realizes that 1 of them are shot until after driving down the road a couple of miles?Then why didnt the tow truck driver call the cops and say " someone just tried to kill me with their car"?I think the tow truck drivers story makes more sense
good questionHow do you have 3 people in a car and nobody realizes that 1 of them are shot until after driving down the road a couple of miles?Then why didnt the tow truck driver call the cops and say " someone just tried to kill me with their car"?I think the tow truck drivers story makes more sense
pass some my way Paul....
HT_USMC
Registered
They were obviously drunk... they came out of a bar at or around 5am and "stole" the car back. People who are intoxicated have less pain and awareness, nevermind common sense to even look for a possible wound.good questionHow do you have 3 people in a car and nobody realizes that 1 of them are shot until after driving down the road a couple of miles?Then why didnt the tow truck driver call the cops and say " someone just tried to kill me with their car"?I think the tow truck drivers story makes more sense
How do you get hit by a car, shoot at the car full of people, not call the cops and just call it a day?
Seems far too easy to say "Guy A did XYZ so however Guy B decides to retaliate is just, fair and above reproach. Guy A shouldn't have done XYZ, the idiot".
This whole thing baffles me.
Relsek
Registered
I think that if it were me, I'd be calling the cops right away.Then why didnt the tow truck driver call the cops and say " someone just tried to kill me with their car"?I think the tow truck drivers story makes more sense
I still think that the new fla law is a good one. I thought that the idea of having to flee left the victim of a possible crime in a bad predicament.
HT_USMC
Registered
Agreed.I think that if it were me, I'd be calling the cops right away.Then why didnt the tow truck driver call the cops and say " someone just tried to kill me with their car"?I think the tow truck drivers story makes more sense
I still think that the new fla law is a good one. I thought that the idea of having to flee left the victim of a possible crime in a bad predicament.
Maybe the new laws just need some polish?
I agree the tow driver should have just called the police and let them handle the matter. All this could have been avoided. This is what happens when you act before you think.
I agree.
Tow truck drives think they are entitled to your car just because they got called out. If they are in the process of taking someone's vehicle and the owner comes out to claim their vehicle, the tow truck driver will try to take it anyway.
Then the owner has to find a way to the tow yard, wait in line, and pay up to $250 to get it back.
If they can take my vehicle before I get back, then more power to them. But If I walk out and see them getting ready to take my car, they are going to give it back. I'll use whatever means that are necessarry to get it it back.
Tow truck drives think they are entitled to your car just because they got called out. If they are in the process of taking someone's vehicle and the owner comes out to claim their vehicle, the tow truck driver will try to take it anyway.
Then the owner has to find a way to the tow yard, wait in line, and pay up to $250 to get it back.
If they can take my vehicle before I get back, then more power to them. But If I walk out and see them getting ready to take my car, they are going to give it back. I'll use whatever means that are necessarry to get it it back.
BrianKesler
Registered
From what i was told by another officer(and it doesnt make sense to me) if a repo guy is in your yard getting ready to hook your car up, but hasnt yet, you can tell him to stop and by law he has to. If the car is already hooked up, your out of luck.
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