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  • Houston - Deputies force repo man to return detective's truck

    http://www.click2houston.com/news/De...20/-/62kufc/-/


    HOUSTON - A Montgomery County sheriff's deputy is accused of using his badge and gun to force a repo man to give him his wife’s truck back.
    “I’m trying to make an honest living,” repo man Brenton Huff told KPRC Local 2 investigator Amy Davis. “I shouldn’t have to worry about being shot, especially by police.”
    Huff was hired to repossess a 2007 Chevrolet Silverado from Tammy Berkley. The lender told him she was four months behind on her payments. Huff said he spotted the truck in Conroe on March 15. He followed it, ironically, to the Montgomery County Sheriff’s Department Auto Theft Task Force office. When the driver went in, Huff went to work.

    “I just backed up to it, hooked up and pulled it down the street,” Huff explained.
    The wrecker driver says he pulled into a parking lot at the jail to call the sheriff’s office and report the repossession, a routine procedure. Seconds after he drove away, Huff said three cars pulled up alongside him, boxing in his wrecker. The cars were unmarked, the men in civilian clothes, but Huff says they all had guns pointing right at him.
    “I really thought I was gonna get shot right then,” Huff told Davis. “I had my hands up here on the window so they could see them. The officer was yelling at me. He said, ‘That’s my wife’s truck.’”
    That officer was Keith Winford, a Montgomery County Sheriff’s detective, who Local 2 confirmed, is married to Tammy Berkley. Winford was accompanied by three to four other deputies.
    “He just grabbed me out, slammed me up against the truck right here,” said Huff.
    The deputies put Huff in handcuffs. He says Winford drove his tow truck back to the sheriff’s office. After holding him for about 15 minutes, he demanded the repo man release his wife’s truck.
    “Once I unhooked it, he told me ‘Get out of here.’ And then he told me if he catches me in his driveway, he’s gonna shoot me,” Huff recounted.
    When we called the Montgomery County District Attorney’s Office, first Assistant District Attorney Phil Grant told Local 2 the Texas Rangers are investigating the incident.
    Grant said law enforcement officers do not have any special privileges when it comes to getting their vehicles repossessed.
    “Law enforcement officers have to follow the same rules everybody else does,” he said.
    Grant said it’s possible the detectives thought Huff was stealing the truck.
    “For somebody to take the time to stop in their parking lot and hook up straps, chains, tow lights and call the sheriff’s department, you know, that’s obviously not a car thief just stealing a car,” said Huff.
    The lieutenant at the county’s Auto Theft Task Force told Davis his detectives didn’t make a report on the incident. The lieutenant only reported it to the sheriff after Local 2 called him on March 23rd, eight days after the incident.
    “Should there be some sort of incident report so that you guys have something to look at?” Davis asked Grant. “Well, certainly there needs to be an incident report. And we’ll be looking to see if there were any incident reports filed in this case,” he said.
    When no one with the sheriff’s department would talk on camera, Local 2 stopped by Winford’s Montgomery County home. With the once repossessed truck parked right in her driveway, Tammy Berkley told Davis she knew nothing about the incident.
    “He put the repo guy in cuffs. Did he tell you about that?” Davis asked. “When you were four months behind on payments?”
    “No,” said Berkley. “And I have nothing to say to you.”
    She told reporters to leave, and then called the Montgomery County Sheriff’s deputies to her home.
    “It’s not open season on repo men, regardless of what you see on TV these days,” said Huff. “Somebody has to police the police, really.”
    A week after the interview with Grant, he said Winford and the other deputies are claiming that Huff put an illegal tracking device on the truck. Huff denies that allegation. The detectives say they gave it back to Huff, so they have no proof of the tracking device. Grant said he will present both the alleged inappropriate actions of the officers and the tracking device allegations to a grand jury later this month.
    Local 2 will follow up and let you know what happens.

  • #2
    "Color of Authority"...this guy will surely be terminated with prejudice....if not a lawsuit should be filed against the department.Since he called it in already it was obviously NOT a car theft.....Too bad the repossessor did NOT have the where with all to contact a supervisor.He could probably retire on this one!! Ken
    Surety Recovery Service,Incorporated
    Oakland,California
    "The Recovery Specialists"
    Repossessions - Investigations - Bail Enforcement
    1-866-803-7376

    Comment


    • #3
      As far as the repossessor being shot in the head is concerned....I have stated in several forums,Texas repossessors need to start an association and lobby the Texas legislature to change the law to exempt repossessors from the statute.This way,if a repossessor is shot by a debtor while working the debtor could be charged with a crime.wake up!! With this Winford thing....if the deputy admits to what happened....he will surely be fired!! They would have to in an attempt to protect the department from criminal,civil and federal charges.One I can think of off the top is federal civil rights violations!!! Ken
      Surety Recovery Service,Incorporated
      Oakland,California
      "The Recovery Specialists"
      Repossessions - Investigations - Bail Enforcement
      1-866-803-7376

      Comment


      • #4
        So did he catch up the payments or is it still out for repo?

        Cop should be fired. I am not a lawsuit happy person by any means, but I would sue in this case. Then once I win, probably move to another county. I can only imagine this guy will be hassled forever by these "cops".

        Comment


        • #5
          Originally posted by Surety View Post
          I have stated in several forums,Texas repossessors need to start an association and lobby the Texas legislature to change the law to exempt repossessors from the statute.This way,if a repossessor is shot by a debtor while working the debtor could be charged with a crime. Ken

          I'm very new here, but can you elaborate on what statute you are talking about?

          Thanks,

          lirvin

          Comment


          • #6
            If you live in Texas and you are a you are well aware of the laws there.Let me know if you are not aware of what I am speaking of.Ken
            Surety Recovery Service,Incorporated
            Oakland,California
            "The Recovery Specialists"
            Repossessions - Investigations - Bail Enforcement
            1-866-803-7376

            Comment


            • #7
              Originally posted by Surety View Post
              If you live in Texas and you are a you are well aware of the laws there.Let me know if you are not aware of what I am speaking of.Ken

              Hi Ken,

              I do have a working knowledge of a few laws; especially concerning bounty hunting and private investigation. However, I don't know much about the laws and regulations dealing with repossesion. Would you be kind enough to fill me in?

              Irvin

              Comment


              • #8
                wow...unbelievable.. Its amazing what people get away with.. This actually happened to me awhile ago.. We found the guys vehicle and he went ballistic on our guys, threatening all sorts of stuff... I get it.. your pissed and its natural to probably vent, but when you do so as a law enforcement officer and say stupid ****..its a different story..Luckily the watch commander straightened him out and made him apologize.. We never pursued it.. BUt this sorta thing probably happens more times than you think..I hate having two sets of rules for peeps..

                Comment


                • #9
                  I have been in this position several times working in so many small towns. What really screws with them- Tell them to charge you with a crime and let you call your attorney. I spent 15 min handcuffed in the backseat of a patrol once while 3 officers on cell phones trying to decide what to do. If they have to arrest you thier bose and the courts and everyone finds out they're a deadbeat.

                  Comment


                  • #10
                    I only had one incident wherein an officer attempted to use his athority to make me drop a vehicle. I refused and he wound up following me all the way to the county line on my bumper. Later on ,( about five years ago), he shot his ex-girlfriend to death in her driveway and went on the run. A nationwide manhunt took place and he was apprehended and convicted. He is currently incarcerated in the state prison at Eddyville Ky.

                    Comment


                    • #11
                      In TX

                      Originally posted by lirvin View Post
                      Hi Ken,

                      I do have a working knowledge of a few laws; especially concerning bounty hunting and private investigation. However, I don't know much about the laws and regulations dealing with repossesion. Would you be kind enough to fill me in?

                      Irvin
                      They have an aniquated law in the state of Texas that allows you to shoot a treaspasser after dark. However when you give someone permission , (like you do in writeing when you sign your security agreement), agreeing to involintary repossession on your property , you give up that right. It is like I call you up and say come on over to my house and then shoot you in the yard. I shouldn't be able to cite the "after dark law" and go free . Unfortunatlly this has happened just because the police are not familar with "self help " law.

                      Comment


                      • #12
                        Originally posted by lirvin View Post
                        Hi Ken,

                        I do have a working knowledge of a few laws; especially concerning bounty hunting and private investigation. However, I don't know much about the laws and regulations dealing with repossesion. Would you be kind enough to fill me in?

                        Irvin
                        I Think he maybe talking about Texas Castle Doctrine - Texas Castle Bill....where as you may use deadly force on your property...

                        Comment


                        • #13
                          Thanks for the clarification, guys. That whole situation is not one that I'd like to be in....arguing with law enforcement is generally a battle lost before you ever begin, even if you are well within your rights. Stand your ground and you may win the short battle, but as absolute repo mentioned, the after affects will most likely be long lasting, and unpleasant to say the least.

                          Comment


                          • #14
                            I have never heard of the exemption of after dark,or the correlation of the debtor signing a contract and them being exempted from the law...if that was the case a good deal of people would have gone to jail! People have been getting shot repossessing vehicles in Texas for YEARS!! I am also sure the D.A. knows the law!! No one has been charged because of the statute!! To my knowledge at least!! Ken
                            Surety Recovery Service,Incorporated
                            Oakland,California
                            "The Recovery Specialists"
                            Repossessions - Investigations - Bail Enforcement
                            1-866-803-7376

                            Comment


                            • #15
                              Nope

                              Originally posted by davidnz View Post
                              I Think he maybe talking about Texas Castle Doctrine - Texas Castle Bill....where as you may use deadly force on your property...
                              It has been the law in the state of TX that you could use deadly force against a thief caught on your property after dark since the 1800's.

                              Comment

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