Burgler sues for emotional distress...

Discussion in 'Politics, Religion, Social Issues' started by XNine, Jun 11, 2006.

  1. XNine macrumors 68040

    XNine

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    Why are you wearing that stupid man suit?
    #1
    This dumbass should be sentenced another 40 years for attempting to sue. It's pretty sick that this country will even allow him to take this to court. He goes in intentionally with an automatic weapon, which means he would have killed given the chance, and HE'S the one that's suing? BAH! googleymoo!

    http://www.foxnews.com/story/0,2933,198988,00.html

    entire story below

    Foiled Burglar Sues Store Employees for 'Emotional Distress'
    Sunday, June 11, 2006

    ROCHESTER, N.Y. — A man who was beaten by employees of a store he was trying to rob is now suing.

    Police say Dana Buckman entered the AutoZone in Rochester, New York, last July, brandished a semi-automatic pistol and demanded cash.

    That's when employees Eli Crespo and Jerry Vega beat him with a pipe and held Buckman at bay with his own gun.

    Buckman escaped when they retreated into the store to call 911, but he was arrested a week later. He pleaded guilty to first-degree robbery and was sentenced to 18 years in prison as a repeat violent felon.

    Now Buckman is suing the auto parts store and the two employees who beat him, claiming they committed assault and battery and intentionally inflicted emotional distress.
     
  2. cslewis macrumors 6502a

    cslewis

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  3. Dont Hurt Me macrumors 603

    Dont Hurt Me

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    #3
    Some people never learn. He needs another beaten.
     
  4. Boggle macrumors 6502

    Boggle

    #4
    LOL. Freedom. I can't wait till this case gets used as legal precendent. The ambulance chaser representing this shining example of American Ingenuity must really be desperate for clients. LOL again!
     
  5. Stella macrumors 604

    Stella

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    #5
    This person got what he deserved. This case should be quickly dismissed.
     
  6. Applespider macrumors G4

    Applespider

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    #6
    Did they need to beat him? Could they have stopped him robbing them by other means? Was the use of a metal pipe reasonable or excessive force? If, once they rendered him incapable of robbing them, they continued to beat him, haven't they committed an offense too?

    Not condoning his actions but if the 'victims' got a little enthusiastic in their defence, I can understand why he might sue them.
     
  7. UKnjb macrumors 6502a

    UKnjb

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    #7
    Thanks! That all just so cracked me up. :D Don't you just love civil rights and lawyers and due process and whatever else is going on?
     
  8. Sun Baked macrumors G5

    Sun Baked

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    #8
    Sort of sad that he may stand a good chance of winning, happens all the time when idiot in the process of a criminal act gets hurt. :rolleyes:

    Hopefully the employees do the right thing and countersue the burglar for emotion distress for the robbery.
     
  9. Boggle macrumors 6502

    Boggle

    #9
    I can see your point, but these 3 guys were being held at gun point. For me it works like this: Even assuming that the gun weilder was disarmed b4 the workers stopped attacking him; we aren't talking about cops or the military, we're talking about ppl who work @ Autozone. Is it really reasonable for us to decide when exactly these guys were supposed to feel safe again?

    To my mind, if the criminal justice system isn't willing to file charges against the workers than this plaintiff has no business filing a civil suit over the incident.
     
  10. yg17 macrumors G5

    yg17

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  11. CorvusCamenarum macrumors 65816

    CorvusCamenarum

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    #11
    I believe the general standard to be something along lines of when a reasonable person would feel safe again. Unfortunately, the article doesn't say whether or not the criminal tried to get back up or stayed down, only that he managed to escape.

    Also unfortunately, the threshold for winning in civil court is much lower than winning in criminal court; i.e. "a preponderance of the evidence" "versus beyond a resonable doubt".
     
  12. clayj macrumors 604

    clayj

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    #12
    This guy oughta be taken on a nice sea cruise...

    ... and then tossed overboard in the middle of the ocean.
     
  13. Sun Baked macrumors G5

    Sun Baked

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    #13
    Imagine the emotional distress the Autozone employees went though beating the guy.

    The sound of the pipe hitting flesh and all that blood flying and bones cracking is enough to seriously cause some disturbing visions, and nightmares.

    Plus, with all that blood, you never know if the guy you are thwacking has HIV.
     
  14. yg17 macrumors G5

    yg17

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    #14

    If you're being robbed at gun point with a semi automatic, before you commit an act in self defense, are you going to waste precious seconds to ponder if what you're about to do is not enough to feel safe, just enough to feel safe, or too over the top? No. You don't know if he's hiding other weapons. You don't know how strong he is. Most people are going to beat the crap out of the guy and hope for the best. No one is going to stop and think "Hmmm.....is this excessive force?"
     
  15. Desertrat macrumors newbie

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    #15
    Most states' laws have it that had an AutoZone employee been armed, he could have shot the robber. DRT. Dead, right there.

    So, what's the importance of a few extra licks from a pipe? Since the crook managed to run out the door, he couldn't have been too badly hurt.

    'Rat
     
  16. Boggle macrumors 6502

    Boggle

    #16
    Your absolutely right about the missing pieces in the article. I guess that while it's possible to conceive of a scenario that would involve the attempted robber being victimized and fleeing, I have LOTS of trouble accepting any such proposition. Then again, I don't own a weapon and I don't have = trust levels between the guy who holds people up w/ an semi-automatic handgun and the 3 autozone workers. So, I can't say that I'm not biased in the favor of the 3 respondants.

    Agreed. But I'm talking about what must have gone on in motion to set, and possibly the status conference and issue conferance. The event took place almost a year ago, so @ least the motion has already occurred. My trouble isn't w/ perponderance (although, I agree it sucks as a standard and encourages jurors to not work hard to understand evidence) but i have issues w/ a judge that reads the motion to set, and gives this guy a trial date. The workers were never arrested, which demonstrated that the State does not accept that there was evidence of excessive use of force, and that was more the reason I don't accept the suit as valid.

    But I wanted to thank you for your post, as it helped me clear up my thoughts. Hopefully, this time I explained them better.
     
  17. thedude110 macrumors 68020

    thedude110

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    #17
    Mmm ... because one is self-defense against an armed intruder and the other could potentially be assault against a defenseless fellow citizen.

    Not saying that's the case, but am saying that's the distinction.

    Have to think that the gentleman in question would have been better off concocting a lawsuit than trying to knock over the Autozone in the first place ...

    And when did robbing banks go out of style? Reminds me of the Monty Python sketch where the bank robber robs the lingerie store ...
     
  18. CorvusCamenarum macrumors 65816

    CorvusCamenarum

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    #18
    Whoa. I'm not defending this putz by any means. Personally, I think if you get injured whilst committing a crime, it's tough cookies for you. The only way I could potentially see this guy having a case would be if:

    1) they continued beating him when he was on the ground, subdued, and disarmed, or
    2) they continued beating him as he was clearly trying to escape.

    The article doesn't specify if item 1 was the case. Item 2 can be ruled out based on the article. That brings us back to the question of how much force is reasonable, and that's an issue for the courts to sort out. Obviously the police felt it wasn't over the top, else the two employees would have been charged, and that will carry some weight should the matter ever go to trial.

    1) Lawyers don't like smart jurors. They're harder to fool.
    2) Hopefully a skilled counsel for AutoZone will get this tossed before it gets to trial.
     
  19. solvs macrumors 603

    solvs

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    #19
    The only source I see for this is the very sparse article on Fox News. I'm sure the lawsuit will be thrown out, as most of these are. And I'm sure there are a lot of them filed. But I'm hoping people don't see this and think we should just throw out the whole system and have everyone just shooting everyone else. Yeah the system can suck sometimes, but it's still better than the alternative.

    Not that I don't think it's a little funny he got the crap beaten out of him AND got sent to jail for 18 years for his troubles.
     
  20. Stella macrumors 604

    Stella

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    #20
    I can see this happening in other countries, particularly the UK... where the UK favours the criminal over the victim, time after time.

    In fact, in the UK, the two victims would be getting prosecuted for attacking the criminal as we speak.
     
  21. iGav macrumors G3

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    #21
    True.
     
  22. Boggle macrumors 6502

    Boggle

    #22
    1. LOL
    2. Ditto.
     

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