Breach of Peace
ST. PETERSBURG - The repossession of a 1995 Jeep Cherokee degenerated quickly Thursday and left the vehicle's owner in the hospital and the repo man in jail.
Mick McFadyen, 42, owner of the Jeep Cherokee, was at Bayfront Medical Center in serious condition, though his injuries are not life-threatening.
James Dean Anderson, 44, was in jail on charges of reckless driving, leaving the scene of an accident involving injury and driving on a suspended or revoked license.
It all began about 10 a.m. in the back yard of a home at 4470 57th Ave. N.
Anderson, of St. Petersburg, arrived at the home with Timothy McDevitt, the owner of the car lot that was trying to repossess the car. Anderson apparently got into the Jeep, which was parked in the back yard, and tried to drive it away, said Sgt. Jim Bordner of the Pinellas County Sheriff's Office.
McFadyen jumped in front of the car. So Anderson put it in reverse and began backing toward the west side of the home. McFadyen ran after it and tried to reach into the driver's side window to get the keys. He was run over, with at least one wheel running over his torso, Bordner said.
Anderson then pulled away in the Jeep. He called into the Sheriff's Office to report that he'd repossessed the car, as required by law. By that time, paramedics had arrived and transported McFadyen to the hospital.
A deputy went to Exceptional Car & Truck Sales at 4580 49th St. N. in St. Petersburg to interview Anderson, who admitted his involvement, Bordner said.
McDevitt, the owner of the car lot, said in a phone interview that he did not see Anderson "do anything wrong." But he wouldn't say anything more about the incident.
"I need to talk to an attorney," McDevitt said. "I don't know where I stand in this situation."
Anderson was driving on a suspended license for failure to pay a traffic fine, records show. McFadyen was to be sentenced next week for violating his probation related to an earlier arrest for writing worthless checks.
Florida law says a repossession must be stopped if the owner of the car resists, Bordner said.
"If there is an objection by the owner or a breach of peace, the repossessor has to take civil action," Bordner said. "The law is very clear on this. It's clear what everyone's role is and at that point you have to disengage from the repossession."
Mick McFadyen, 42, owner of the Jeep Cherokee, was at Bayfront Medical Center in serious condition, though his injuries are not life-threatening.
James Dean Anderson, 44, was in jail on charges of reckless driving, leaving the scene of an accident involving injury and driving on a suspended or revoked license.
It all began about 10 a.m. in the back yard of a home at 4470 57th Ave. N.
Anderson, of St. Petersburg, arrived at the home with Timothy McDevitt, the owner of the car lot that was trying to repossess the car. Anderson apparently got into the Jeep, which was parked in the back yard, and tried to drive it away, said Sgt. Jim Bordner of the Pinellas County Sheriff's Office.
McFadyen jumped in front of the car. So Anderson put it in reverse and began backing toward the west side of the home. McFadyen ran after it and tried to reach into the driver's side window to get the keys. He was run over, with at least one wheel running over his torso, Bordner said.
Anderson then pulled away in the Jeep. He called into the Sheriff's Office to report that he'd repossessed the car, as required by law. By that time, paramedics had arrived and transported McFadyen to the hospital.
A deputy went to Exceptional Car & Truck Sales at 4580 49th St. N. in St. Petersburg to interview Anderson, who admitted his involvement, Bordner said.
McDevitt, the owner of the car lot, said in a phone interview that he did not see Anderson "do anything wrong." But he wouldn't say anything more about the incident.
"I need to talk to an attorney," McDevitt said. "I don't know where I stand in this situation."
Anderson was driving on a suspended license for failure to pay a traffic fine, records show. McFadyen was to be sentenced next week for violating his probation related to an earlier arrest for writing worthless checks.
Florida law says a repossession must be stopped if the owner of the car resists, Bordner said.
"If there is an objection by the owner or a breach of peace, the repossessor has to take civil action," Bordner said. "The law is very clear on this. It's clear what everyone's role is and at that point you have to disengage from the repossession."
posted by Dave at 1:52 PM
3 Comments:
MY VEHICLE WAS JUST TAKEN OUT OF MY YARD UPON MY VENEMET PROTEST
THERE IS SOMETHING IN FLA CALLED,BREACH OF PEACE,that didnt matter to fort lauderdale police
they placed me inside the police car while the repo man did his thing I WAS WRONGED.RAPED WHILE THE POLICE HELD ME DOWN,THAT THE WAY I FEEL
THATshould be vehemet protest
That's 'Vehement" ya fucking deadbeat. Pay your bills and this shit wouldn't happen.
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