Assault/battery/illegal detainment by security

[rustygixxer]

State of MO, here's my situation;

Today I went into BoA to deposit my paycheck, and make a company deposit, down by my house.

So, I pull into the parking. I saw Randy, the security gaurd, helping a customer to her car, and waved.

I drove into a parking space, and began to gather my things.

When I opened my truck door, I noticed a white, late model 4 door sedan had pulled into the handicapped spot next to me - either a crown Vic, or a Caprice. I casually looked for a placard or a plate. Didn't see one...

So, this guy gets out - white shirt, tie, black slacks - and walks into the bank right in front of me. Randy, the security gaurd, openes the door for us.

I ask Randy, quietly, "Hey, you gonna let that guy park there in the handicapped spot?"

He replied back, "Yea, he's my supervisor" loud enough for the guy in front of me to hear.

I was shocked, and told him, "Hey, that's illegal man, what if a handicapped person needs that spot?"

Well, at this point, the Security supervisor steps in, gets in my face and starts yelling at me, "What business is it of yours, I can park where I wanna park, you think you can take me, etc?"

I started saying back, "Hey, parking in a handicapped spot without tags or a placard is illegal dude, not to mention disrespectful, AND unprofessional.", "What if a handicapped person, that needs that spot, tries to come to the bank?"

The supervisor continues yelling at me, "don't worry about it, it's none of your business, etc." And he starts pushing towards me, like he wants me to fight him or something. He then says, "you wanna do something, huh, you wanna do somethin' punk?"

I stepped back from him, put my hands in the air and say, "I have NO weapons, and this man has threatened me, and is trying to assault me." so everyone could hear me.

Randy, the security gaurd, says, "you need to leave."

I tell him, "wait a minute, your boss parks illegally, I point out the mistake, he yells at me, threatens me, and I have to leave? No, I need to make this deposit and then I will leave."

So, a tellor opens a window, and I make my depsoit.

I go to leave, and randy and his supervisor stand in my way. I try to get around, and Randy says, "You owe my supervisor an apology."

I tell him, "for what?" "You need to get out of my way of leaving, so at this point, you have now commited assault AND battery, you need to step back."

Randy continues to stand in my way.

I tell him again, "You need to get out of my way, you are just a rent a cop, nothing more."

He gets pissed and grabs my arm.

I tell him, "if you don't leave me be and let me leave, I will defend myself." Randy lets go of me.

I leave, and Randy and his supervisor start yelling obscenities to me.

So, I called the area VP, and tell his secretary the whole story and tell her I want written apologies from the 2 security gaurds or I will file a police report against them and BBB reports on BoA and the Security company.

I posted this on another forum, mostly friends and associates, and the general concensus is that I was threatened by one security guard (assault), when the other guard touched my arm (battery), and when he prevented me from leaving (illegal detainment).

Could I have an honest view of my situation? The reason why i'm asking is that there is a video showing the whole deal, and i'm almost positive that the Haed Of Security is going to try and sweep this under the carpet. I'm upset and very disappointed with the bank and it's security personel. Thank you.

Trey

 

[outonbail]

Wow, it is amazing how so much drama can come out of a simple trip to the bank...

Have you considered signing up for a direct deposit program and utilizing electronic banking? It may be your cup of tea, no long lines, no rude security guards, no selfish members of society to spar with and no problems with patrons parking in areas you choose to monitor!

So, the way I see it, you can either go with the electronic option, transfer your funds to another branch, or take your business to a different bank altogether.

Of course there's always my grandmothers method, God rest her sole, but I shouldn't suggest it since they don't manufacture matresses like they used to.


BTW, upon seeing this mans car parked in the handicapped spot, how could you know for sure that he was in violation of any parking law? Couldn't it be possible that the placard he was issued was stolen and being used by someone who you wouldn't voice your observations to, since they were displaying a stolen placard?
Maybe it was his handicapped mother's new vehicle and after he placed her in her wheelchair and pushed her into the bank to wait on the long line, he decided that, in order to save a little time, he could drive to the local pharmacy to pick up one of her life sustaining medications.
Then subsequent to doing that for his beloved though seriously ill mother, you observe him pull back into the bank, in the handicapped parking spot, right next to yours. He chose the handicapped spot so he could wheel his mother from the bank and lift her into her new car, which she hadn't transferred her legitimate handicapped placard over to yet, since the vehicle was purchased just minutes prior to their trip to the bank. You chose the spot next to his because it was the closest regular spot available, basically, for your convenience.

What I'm getting at here is the next time this type of situation turns up, it's probably in everyone's best interest if you didn't make it your business to point out what you believe to be illegal, disrespectful or unprofessional. Give these people the benefit of the doubt and concentrate on your own personal banking detail.

This way you can wave to Randy for years to come. Lord knows he can use all the friendly gestures he can get,,,, I hear his boss is a real obnoxious jerk.

 

[rustygixxer]

Okay, i'll take this one comment at a time;

I don't have a direct deposit option with my current employer, no big deal, next employer I will do DD.

I will probably take my business elsewhere, and I am suggesting that our company take it's business elsewhere.

You grandmother was undoubtfully a wonderful woman, but i'm with ya on the staying away from the bedroom...

A little background about me. I worked in a Correctional facility for 5.5 years, I saw LEO's writing tickets for parking illegally. I also have a soft spot for the handicapped and elderly, as I have friends and family that have placards and plates.

The supervisors vehicle was a company car - not a personal vehicle. No little old ladies waiting in line. Just a stupid person.

If the supervisor would have said, "I apologise sir, I had surgery a few days ago, and I was just dropping off some paperwork to the security officer, thank you for your concern", it would've been no problem. Hell, I would've sympathized with him. But, he chose to be rude, disrespectful, unprofessional, and make a threat...

As for Randy, he's probably going to lose his job over this. A week ago i would've felt badly, but after his behavoir, maybe he needs to find employment where there's less stress...

Thank you.

Trey

 

[CdwJava]

Your state may be different than mine, but standing in your way or confronting you is not likely "assault". The unwanted touching of you might be considered battery, but assault is usually what we might consider an attempted battery (i.e. a swing and a miss).

If it happened this way, the guard and his boss were clearly in the wrong. However, whether you could make a good criminal case for battery or false imprisonment (for not letting you leave) is questionable. Their version of events may have you being the aggressor and one who started causing a scene.

As for the parking space - be careful. It may well be that in your state these spaces are discretionary on private property and thus he would not be breaking any law by parking there. Or, as is often the case in my state, the space is improperly marked anyway and it would thus NOT be unlawful to park there. I agree that he shouldn't have parked there, but the only thing he might be guilty of is a violation of company policy.

Good luck.

- Carl

 

[rustygixxer]

Well, today I called the Security VP to see what he had determined.

He told me he had 7 independant witnesses that pointed at me as the agressor. The tape does not show the beggining, nor the end of the incident (the ending showing me being stopped).

I asked if we could sit down and look at the tape together. He flat out refused, stating that it had already been recorded over.

I told him I was very disappointed in his findings, and that the tape had already been recored over was very suspect, and confirmed my idea that there would be a cover up.

He asked me if there would be a problem in the future. I told him that as long as they do not engage me, I won't talk to them, and that in the future I will simply call the police, and file a police report, if there is any problem that I see at the bank.

Trey

 

[CdwJava]

Its those 7 independent witnesses naming you as the aggressor that would hang you in any dispute - tape or no tape.

And be careful if you decide to call the police. We don't like being used as a person's instrument to get back at someone else. If you see someone parked in the handicapped spot - let it be. Or, call the cops about the illegally parked vehicle when you are done with your business and have left.

But don't call the cops if Randy or anyone else looks at you funny or even flips you the bird .... they won't appreciate being called out on something like that as it isn't a crime.

Hopefully your future dealings go well. Or, change banks. There's a probably a better bank and a better deal out there anyway.

- Carl

 

[AmosMoses]

rusty,

Everybody has pet peeves. One of mine is seeing someone who is obviously healthy and who also isn't possessing the proper placard/plate to park in a handicapped spot. If there was some sort of divine justice out there, some of these people would see personally how lucky we all are to be able to walk that extra distance....and they'd see it by being deprived of that ability....but, regardless of how this went down, you can't win this one. Sometimes, you just gotta cut your losses.

I've seen plenty people do it, and I have never said anything about it to them. People who rob disabled people of a parking spot most surely don't care what you or I think about them doing it. In case you haven't noticed yet, there are a lot of dix out there.

And, Carl is most definitely right about not trying to use local law enforcement to "get even" with these dingleberries. They are far too busy for that, and they don't tend to take that sorta thing very kindly.

 

[rustygixxer]

Thanks for the advice all.

I am still a little peaved that this situation wasn't resolved, just swept under the carpet. But, if there is ANY justice in the world, these jokers will get what's do them - without my intervention.

Oh, and for the record, I personally wouldn't use a LEO to "get even". I used to be one...

As for going to another bank. I'm already working on that.

Trey

BTW, Carl, the double mocha and crossoint in your sig is hilarious. I have a freind that is retired LAPD, and I have joked with him about a comment made in the movie "Fast & the Furious" - "Even the cops are Hollywood in Hollywood"

 

[CdwJava]

I am still a little peaved that this situation wasn't resolved, just swept under the carpet. But, if there is ANY justice in the world, these jokers will get what's do them - without my intervention.

Karma comes around. We just aren't there to see it.

Oh, and for the record, I personally wouldn't use a LEO to "get even". I used to be one...

Interesting. Why'd you get out?

As for going to another bank. I'm already working on that.

That's the best bet.

BTW, Carl, the double mocha and crossoint in your sig is hilarious. I have a freind that is retired LAPD, and I have joked with him about a comment made in the movie "Fast & the Furious" - "Even the cops are Hollywood in Hollywood"

It stems from a real life conversation about 12 years ago. So its kinda true.

- Carl

 

[rustygixxer]

Carl,

Karma is a wonderful thing! Thanx for reminding me.

I worked for a county correctional facility - one of 2 in the nation that seperates the Correction Officers from Sheriffs Deputies. As for why i'm not an LEO asymore, i'm not allowed to say much for the time being E-mail me direct if you'd like specifics...

Already looking at different banks in the area.

I still have to smile when I see that quote

Trey
[email protected]

 

[CdwJava]

I worked for a county correctional facility - one of 2 in the nation that seperates the Correction Officers from Sheriffs Deputies.

"Seperates" correctional officers from sheriff's deputies? Physically?

Many county systems in CA have correctional officers mixed in with a few deputies. They often have some different work assignments, but, they aren't "seperated".

- Carl