Trespassing + theft issue

[MasseyWV]

And to think that they actually have the nerve to call it law enforcement. It's no wonder that crime is so rampant these days.

Recently, I had a similar experience when I tried to get an investigation started after someone had stolen my credit card number and racked up a couple thousand dollars in fraudulant charges. I had ample concrete evidence which all but pointed directly to the thieves, but nothing was done because it would have cost too much money to investigate it.

 

[Jstpssng]

Hey guys, thanks for the continued interest. I was going to update this thread early this coming week.

Here's the latest: I had to file a FOIA in order to get the history on my case with the MSP as she wouldn't provide the information to me over the telephone. I found that they did not pursue this as a criminal complaint because I was supposedly unable to provide them with the value of the berries. I was told that they contacted the prosecutor's office and it was their decision. However, when I called them myself there was absolutely no record of any conversation whatsoever. I even asked them if it was possible that an informal call was made without a record being made and was told there was no way that could have happened. After I got this information I was basically fed up with the handling of the case by the MSP and wrote a letter to the thieves myself.

I sent it registered mail (I have a delivery receipt) and told them that I knew they stole berries and trespassed on my property last summer and said that I saw two courses of action, one private the other official. I asked them what they propose we do about this and gave a deadline that has now passed.

My next step will be to visit with the MSP in person and get them to follow up on the case. I plan on doing that sometime this week when my schedule permits.

Good luck, but I wouldn't hold my breath. For some reason stealing crop isn't considered the same as ... shoplifting, for instance. Many people think it's fun to see if they can get away with it. I worked in apple orchards years ago, and couldn't believe the nerve of people who I caught in broad daylight, who'd laugh in my face and drive off when I asked them to go to the stand and pay for them. The people I worked for seemed to have accepted it as the price of farming, not worth the aggravation of pursueing it when they caugjht a thief. (Often a neighbor)
On the other hand, one family was known to defend their crop from theives with rock salt; until their son served 2 years fro assault with a deadly weapon after peppering someone's backside.

Having said all of that, you might find more satisfaction in small claims court; you have pictures of what they took plus can recover your collection costs. Don't be surprised though if you do yourself more harm than good; especially if you are outsiders while the defendents are respected members of the community.

As I said before, for some reason taking a crop doesn't seem to equate stealing.

Good luck.

 

[timster2]

I know of your frustration. A few years back, when I lived and worked in New York City, I had my garage broken into and several tools and supplies stolen, early in the morning but in broad daylight. The thief was bold enough to back down my driveway with his stolen car and load up. The wife and kids were asleep and never heard a thing. While he was doing so a neighbor saw the car in the driveway but the trunk was open and he didn't see the guy loading up. He thought perhaps I was working on someones car.

An hour or so later the wife called me at work and asked why I left the garage open? I called the police and ran home from work. I was home before the police arrived . They took a report asked if I had insurance told me not to worry just report it to my insurance company. They had no interest in doing anything else. My friend is my insurance broker his response was troubling "double lock the garage door the thief will be back tomorrow to get the other tools he could not load into the car " !

You would not believe it but his advice was on the money. The wife now terrified that the thief would return kept watch while I went to work and sure enough after I left this guy comes walking along and goes up my driveway and tries to open the now chained shut garage door. Unsuccessful he jumps over my fence to the neighbors yard and proceeds to rifle through his shed. The wife calls the neighbor, he had not left for work, he comes out with an axe and chases the guy. The wife calls 911 then me at work. Well again I get home from work, some nine miles away, before the cops arrive. Another neighbor catches this guy coming from his yard and gets the plate number of the car he is driving. By now the guy is long gone and the police just "look around the neighborhood for the car".

Back at work I run the plate and find out the car is stolen, no surprise. A few days later I run the plate again and the car is no longer on the stolen list. I do some research and contact the owner of the now recovered car. I explain that there car was used to rob my garage of tools etc and ask if anyone was caught with their car. To my surprise they told me that a guy was caught with the car and a trunk load of tools over in the next county. I call the arresting precinct and take a ride to see if my tools were among the recovered stuff. No such luck my tools are gone. I did however get the name of the person arrested with the car.

When I get home I call my precinct and let them know of the new clues/evidence I have uncovered. Their response "Gorbachev is in NY for a visit and we don't have time for this" One of my friends a NYC Detective put it in perspective "you have insurance so you will get some of your money back, they (the local Police) would only get interested if they could have some extra charges to pile on to this guy, but, he was caught in the next county and they just cant be bothered".

I drove past the thief's house but could not see any of my stuff from the road. Since that time I double locked and alarmed the garage and moved my expensive tools to the basement. Stuff in the garage is chained together tool boxes locked. At least now it will be a pain in the butt to load up your car with my stuff, perhaps long enough for someone to notice and call the police.

 

[dex3361]

I know of your frustration. A few years back, when I lived and worked in New York City, I had my garage broken into and several tools and supplies stolen, early in the morning but in broad daylight. The thief was bold enough to back down my driveway with his stolen car and load up. The wife and kids were asleep and never heard a thing. While he was doing so a neighbor saw the car in the driveway but the trunk was open and he didn't see the guy loading up. He thought perhaps I was working on someones car.

An hour or so later the wife called me at work and asked why I left the garage open? I called the police and ran home from work. I was home before the police arrived . They took a report asked if I had insurance told me not to worry just report it to my insurance company. They had no interest in doing anything else. My friend is my insurance broker his response was troubling "double lock the garage door the thief will be back tomorrow to get the other tools he could not load into the car " !

You would not believe it but his advice was on the money. The wife now terrified that the thief would return kept watch while I went to work and sure enough after I left this guy comes walking along and goes up my driveway and tries to open the now chained shut garage door. Unsuccessful he jumps over my fence to the neighbors yard and proceeds to rifle through his shed. The wife calls the neighbor, he had not left for work, he comes out with an axe and chases the guy. The wife calls 911 then me at work. Well again I get home from work, some nine miles away, before the cops arrive. Another neighbor catches this guy coming from his yard and gets the plate number of the car he is driving. By now the guy is long gone and the police just "look around the neighborhood for the car".

Back at work I run the plate and find out the car is stolen, no surprise. A few days later I run the plate again and the car is no longer on the stolen list. I do some research and contact the owner of the now recovered car. I explain that there car was used to rob my garage of tools etc and ask if anyone was caught with their car. To my surprise they told me that a guy was caught with the car and a trunk load of tools over in the next county. I call the arresting precinct and take a ride to see if my tools were among the recovered stuff. No such luck my tools are gone. I did however get the name of the person arrested with the car.

When I get home I call my precinct and let them know of the new clues/evidence I have uncovered. Their response "Gorbachev is in NY for a visit and we don't have time for this" One of my friends a NYC Detective put it in perspective "you have insurance so you will get some of your money back, they (the local Police) would only get interested if they could have some extra charges to pile on to this guy, but, he was caught in the next county and they just cant be bothered".

I drove past the thief's house but could not see any of my stuff from the road. Since that time I double locked and alarmed the garage and moved my expensive tools to the basement. Stuff in the garage is chained together tool boxes locked. At least now it will be a pain in the butt to load up your car with my stuff, perhaps long enough for someone to notice and call the police.

Reactions by law enforcement like this makes ypu feel ripped off all over again. It makes you wonder why we pay for this kind of service with our taxes. I do not blame the officers i blame the politicians and lawyers.

 

[NevadaMOGuy]

I was home before the police arrived .

What is the old buddist saying?

"When seconds count, the police are only minutes away" :laughing:

 

[David P]

Update: Good news!

Well, I kicked around the idea of stopping by the MSP but elected to write a letter to the Sgt. who was in charge of the investigation instead. I wrote a letter addressing some of the issues I noticed in my FOIA request and requested that the case be re-opened. I told him in closing that I would do anything I could to help make his job and that of the investigating Trooper easier. I also attached severl full-page photos of the thieves, a copy of the Michigan code that deals specifically with trespassing within an orchard (stealing or damaging fruit, etc) and trespassing within posted and/or fenced farm property. Finally, I attached a satellite photo and labeled points of interest that would help him and the investigating officer determine where things were located that were shown in the pictures. I dropped the letter off at the post and the Sgt. called me within 24 hours and informed me that he had assigned our case to a Trooper that would call me within a few days.

That Trooper called me within 24 hours. We talked about the history and timeline and he stated that he would look into things. I got a call late last night when he informed me that the thieves had confessed and that he was sending things to the prosecutor's office. I have to admit that I felt a tinge of guilt last night.

I'm not sure why I felt that way but after considering the fact that they 1) never approached me with an admission of guilt on their own 2) did not even respond to my letter where I offered them the choice of a private conclusion to the matter or an official conclusion, the feeling of guilt was pretty short lived. I wouldn't say that I'm happy but I am very satisfied that they were paid an official visit by the MSP and admitted their wrongdoing. This was never about recouping my lost income from the stolen berries. It was about the principal of people stealing the goods of another and getting away with it. I'm glad that the MSP finally took action and an actual confession took place. I will update again after I hear back from the Trooper. But oh what I would have given to have been able to be in the room when their conversation with the MSP took place!

 

[aczlan]

Congratulations.

Aaron Z

 

[Western]

Good to hear!! No need feeling any guilt, did more than you had to to deal with them in private. IMO it shows their arrogance..

 

[NHmitch]

Having been on the enforcement side of this senario, you did the right thing. It really is no different than them taking property from your front lawn. Your families future is what matters, and these people were not your customers, and had no interest in being your customers. It is often very hard to solve cases without the help of a business owner, and you did everything right. I hope that your new blueberry farm works out well for your family, and best of luck!

 

[newbury]

Thank you sir for posting about the conclusion.

 

[Ridgewalker]

I would keep the cameras going for a year or two.

Consider the mentality of the "bad guys". They are going to put the blame
on the OP for calling in the cops since they weren't doing anything really wrong in their
minds. "It's just a few berries!"

Those neighbors may think the way to get even for sending in the cops will
be to spray the bushes with roundup.

The OP might consider a preemptive strike to stop that by making it very obvious the
berries are under subservience.

Glad to hear it worked out...

 

[dmccarty]

You really had to push this through channels which is sad. No reason this was not delt with along time ago.

Glad it worked out for you and you certainly should not feel guilty for their trespass and theft. They knew what they were doing. I think they are now wishing they had paid for the blueberries.

It will be interesting to see what happens next but I think having to deal with the Trooper at the front door was a wee bit stressful.

Later,
Dan

 

[two_bit_score]

Update: Good news!

Well, I kicked around the idea of stopping by the MSP but elected to write a letter to the Sgt. who was in charge of the investigation instead. I wrote a letter addressing some of the issues I noticed in my FOIA request and requested that the case be re-opened. I told him in closing that I would do anything I could to help make his job and that of the investigating Trooper easier. I also attached severl full-page photos of the thieves, a copy of the Michigan code that deals specifically with trespassing within an orchard (stealing or damaging fruit, etc) and trespassing within posted and/or fenced farm property. Finally, I attached a satellite photo and labeled points of interest that would help him and the investigating officer determine where things were located that were shown in the pictures. I dropped the letter off at the post and the Sgt. called me within 24 hours and informed me that he had assigned our case to a Trooper that would call me within a few days.

That Trooper called me within 24 hours. We talked about the history and timeline and he stated that he would look into things. I got a call late last night when he informed me that the thieves had confessed and that he was sending things to the prosecutor's office. I have to admit that I felt a tinge of guilt last night.

I'm not sure why I felt that way but after considering the fact that they 1) never approached me with an admission of guilt on their own 2) did not even respond to my letter where I offered them the choice of a private conclusion to the matter or an official conclusion, the feeling of guilt was pretty short lived. I wouldn't say that I'm happy but I am very satisfied that they were paid an official visit by the MSP and admitted their wrongdoing. This was never about recouping my lost income from the stolen berries. It was about the principal of people stealing the goods of another and getting away with it. I'm glad that the MSP finally took action and an actual confession took place. I will update again after I hear back from the Trooper. But oh what I would have given to have been able to be in the room when their conversation with the MSP took place!

It's a sad commentary that you had to wrestle with this for so long to get the necessary action from law enforcement.

I m glad that you were tenacious and followed through.

Look forward to your next update.


.

 

[dodge man]

Kudos to you for not giving up easily. I'm glad you persisted. Its a shame you have to force some people to be honest.

 

[newbury]

<snip> the
berries are under subservience.

That threw my reading for a loop.

You did mean surveillance didn't you?

 

[Jstpssng]

I'm glad that your perseverance finally paid off. Sadly, too many people don't view taking agricultural crops as theft.. and to the farmer it's just another loss like that to crows or spoilage.

 

[jonyyuma]

You really had to push this through channels which is sad. No reason this was not delt with along time ago.

Glad it worked out for you and you certainly should not feel guilty for their trespass and theft. They knew what they were doing. I think they are now wishing they had paid for the blueberries.

It will be interesting to see what happens next but I think having to deal with the Trooper at the front door was a wee bit stressful.

Later,
Dan

This is hopefully a good ending to a bad situation, But I agree you need to keep up the Guard and be observant..Some people are just plain Hard-headed or Determined to be a pain in the Bu77...Regards..JY.

 

[David P]

Update:

GRRRRRR.

I contacted the investigating Trooper the same night he left me the voicemail requesting that he call me back. I called him back approximately two weeks later again requesting a return call. I called him again earlier this week, no response to date. This morning I called the Prosecutor's office and found that charges were denied as of 6/28. I requested to speak with the person who made the decision; on vacation until Tuesday. I asked the gal on the phone if the records showed that the suspects CONFESSED to the CRIME. While she hinted around at things and stated that there may be more in the actual file (which she was not currently viewing) she stated that there was nothing she could see and indicated that the Trooper needed to file a supplement should that be the case.

I proceeded to call the Sgt. who recently got things moving along and let him know that I was having difficulties obtaining a return call from the Trooper via a voicemail message. I also wrote a letter to the person (dept head) who made the decision and included most of the evidence I had supplied to the police department as I doubt he even has any of this information either.

At this point I'm thinking I need to turn in a time sheet.

 

[David P]

On a more positive note, our blueberries are DYNAMITE this year!!! :thumbsup::licking:

 

[jonyyuma]

On a more positive note, our blueberries are DYNAMITE this year!!! :thumbsup::licking:

Yes, Sir a Bonus year, all the plants are loaded down here too.. It had to be the plentiful rain and the new feedings..plus the blanket of fresh pine needles to sheild the roots from the sunshine...Plus I had few that were the diameter of a nickle..Huge for our side of the states..we have been picking for a couple weeks and still have them. Now our Figs have only been ripe for a week>>lI am so thankful ..