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Elderly Man Fights Off Would-Be Robber

Discussion in 'Uncategorized Threads' started by Joe Potosky, Aug 15, 2007.

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  1. Joe Potosky

    Joe Potosky Well-Known Member

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    Elderly Man Fights Off Would-Be Robber

    CBS13) SACRAMENTO He is a grandfather with guts, a 71-year-old man who fought off a would-be robber on a Sacramento street. Now the man says deputies have treated him more like a suspect than the victim.

    71-year-old Jim Elliot was knocked to the ground as he walked out of a McDonald’s in the middle of the day.

    “The only thing I remember is a young man was on top of me trying to pull my wallet out,’ he says.

    Elliot fought back, kicking and punching until his attacker backed off. He held on to his wallet, but he was about to lose a lot more.

    “They completely ransacked through my vehicle, through the glove compartment, the consol, under the seats. They moved the seats, I don’t understand,” says Elliot.

    He says he must have given deputies his keys as they were taking him away in the ambulance, but he doesn’t understand why they took his $12,000 shot gun, he and his wife were about to take to the World Trap Shooting Championships in Illinois.

    It turns out, Elliot is an accomplished trap shooter and is frustrated that he missed the championships and was told he can’t get his gun back for 6-8 weeks because it has to be investigated.

    “It’s almost like I did something wrong,” says Elliot.

    “I’m not aware of that, that’s not the way it should be,” says Sgt. Tim Curran with the Sacramento County Sheriff’s Department.

    Curran says deputies took his gun away because it would have been left unattended in a high crime area. He says Elliot should be able to get it back right away.
     
  2. starshot2b

    starshot2b TS Member

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    Well, as of this past Sunday, he still doesn't have it and, according to Jim, he's been given the grand runaround. Gee, now there's a surprise.
     
  3. jimbotrap

    jimbotrap TS Member

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    This happened at 3:00 p.m. on Sunday the 5th. The responding officers took the liberty to search my vehicle. The removed my trap gun (I had been out to
    practice that day). And complete ransacked the truck. I was told the following day the gun was taken because it was a concealed weapon. (In a perazzi hard case). Later changed story to "taken as a safety precaution".

    Just yesterday the 14th I was contacted by a investigative detective. Time lost 10 days. Wonderful police protection.

    I had planned on leaving for the Grand on the 8th. But alas I have been advised I must receive a release from the Dept. of Justice, which takes 6 to 8 weeks.

    By chance I was at the Sheriffs Dept to obtain a copy of the incident report and in a personal conversation I was overheard by a CBS13 reporter. She interviewed me and that is how the story was aired. (The report was not factual nor was it complete). She also contacted the
    Sheriffs Dept. and they told her the gun was only held for 72 hours and I could retrieve it. But I have not been able to contact them as of this posting. And they could not even spell my name properly. Totally disgusted. - Jim Elliott
     
  4. dverna

    dverna Active Member

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    Jim

    I am glad you were not seriously injured protecting yourself.

    What the police have done is shameful. Get a decent attorney - your are getting screwed. Use their lies against them and document everything said/done.

    Good luck.

    Maybe some LEO's can offer sage advice. The guys you are dealing with sound like jerks - not all LEO's are jerks.

    Don
     
  5. timb99

    timb99 Well-Known Member

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    I'm no lawyer, but it sure sounds like illegal search and seizure, unless;

    1) you gave them explicit permission to search your vehicle, or,

    2) they had a search warrant.
     
  6. timb99

    timb99 Well-Known Member

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    NRA might be willing/able to help.

    Mr. Elliott, you might contact your local NRA folks.
     
  7. jimbotrap

    jimbotrap TS Member

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    Let me clear a couple of things. First I do not remember if I gave the keys to the vehicle to a officer. However the officer involved returned them to and advised she
    had removed the gun.

    One the television newscast a representative of the Sheriff's Dept. advised the gun should be returned. He further advised the television reporter the gun should have been held for only 72 hours and returned to me. I have contacted them several times (I never even received a receipt for it nor is it mentioned in the police report). I just talked to the Sheriffs rep. He advised he is looking into it. He further told me the responding officers claim I told them of the gun, this is not true, and that is why they took it. They did not tell him the completely searched the vehicle.

    I did call the NRA. I talked to their attorney, but alas same old story. No
    assistance. They advised me to contact my own attorney. So far I am out $575.00 for new glasses, had to pay the State Attorney General's office $20.00 for an application to release the gun (advised 6 to 8 weeks or more). Even
    had to pay for a copy of the police report. Not to mention my loss of attendance at the Grand.

    I was called yesterday the 14th by a detective who advise he had just that day
    been given the case in investigate. The young punk who assaulted me was completely full of hate. I could see it in his eyes. I was lucky I was not more severly injured. Only bumps and bruises and a few stitches in my hard head. My am sure by his actions and how he handled himself I was not his first victim and certainly will not be his last. If you want to feel total frustration, and I hope you never do, just wait until you need assistance from
    a police department. More concern for the guilty and the innocent. - Jim
     
  8. vanman

    vanman TS Member

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    Jim, happy to see your up and around. Not being there I will guess they
    ( 5-O )searched your auto to see if they could find anything that would lead them to why the bad guy ransacked it in the first place. That is not uncommon and part of the investigation, no warrant needed. As for the shotgun! I can understand taking it for safe-keeping until your able to pick it up but keeping it for weeks is B-S. The shotgun was not used in the crime. It's not illegal. Sounds like you had it properly stored in the vehicle. It is personal property. Were you given a receipt for the property?
    The department I worked for took property ( guns ) for safe-keeping when necessary , photographed it and gave a receipt that had instructions on when & where to pick it up. It sounds as though the SO did not make the right decision on this one unless the deputy(s) are following policy? I would ask: What is the need for keeping the property? Is the item listed as property or evidence in the report? Ask to see written policy on the taking of firearms. Ask for a commander to clarify the direction the department has taken on the situation. Only then would I consider a lawyer to help with a court order demanding the return of your personal property.
     
  9. pyrdek

    pyrdek Well-Known Member

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    Don't laugh just yet but have you contacted your local branch of the ACLU?

    I know that a lot of people have the opinion (probably justified in many instances) that the ACLU does not care to support gun ownership BUT, at least in PA on occasion, they will fight a case that smacks of violation of civil liberties and/or due process even if the case may involve firearms.

    It can't hurt and maybe, just maybe you might get some help. Even if they turn you down at least you will in a better position to make their denial a matter of public record.
     
  10. jimbotrap

    jimbotrap TS Member

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    vanman - The vehicle was not involved in the assault. I do not understand why they searched it other than they might have believed I was a dope dealer or something.

    Pyrdek - That might be a good idea, unless I hear something positive, which I doubt. I certainly do not want to have to go to the expense of hiring an attorney. - Jim
     
  11. Gold E

    Gold E TS Member

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    It’s been 10 days. Hire an attorney.
     
  12. halfmile

    halfmile Well-Known Member

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    File a claim with your insurance and let them fight it out with the P. D.

    HM
     
  13. bigdogtx

    bigdogtx Well-Known Member

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    Sacramento is too close to San Francisco and some of their tactics are as anti-gun as them. The sherriff's dept used to be the same way. Friend of mine left handgun in rental and came back to retreive after 30 minutes and car company said they could not find it. Reported it stolen, cops later got the gun and it took 6 months to get it. He had to call the national NRA office and they assisted him. He never got the magazines back even though they were pre ban.

    Try additional television stations and newspapers. You might even contact Duncan Hunter's office so he could show just how PRO-GUN he is during his campaign run. This could be very enlightening!! Best of luck.
     
  14. bill1949

    bill1949 Well-Known Member

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    I thank God every day that I don't live in or anywhere near COMMIEfornia...Bill
     
  15. Easystreet

    Easystreet Well-Known Member

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    Jim Elliott,

    Sorry about your misfortune. I hope you get it resolved favorably very soon.

    As a side note, I can't help but think about a thread on TS.com that I was involved with just a few days ago about the police who do the "No Knock Warrants". Several LEO's told us how professional they are and how careful and professionally everything is done by them to make sure that innocent people aren't targeted or harmed. After reading about your misfortunes, I have my doubts about the "professionalism" of many of our LEO's. Incidents like yours make me wonder just how much the LEO's care about the law abiding citizens. Apparently, all the "rights" that the criminals have doesn't apply to the law abiding citizens.
     
  16. vanman

    vanman TS Member

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    Hi Jim,
    Sorry about that. I miss understood and thought the bad guy went through your car first as if he were looking for something. That does change things a bit! Anyway-I would push the issue of WHY they chose to do what they did and WHY are they withholding your property.
     
  17. jimx200

    jimx200 Member

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    Hi Jim,
    I wish you all the best friend. I knew some punk bastard would not get the best of you. Hope all goes well and you get your shotgun back asap. Keep us posted.
    Jim M. Sacramento
    BTW, I sure miss the old gang at the former Sacramento Trap Club...too many good memories there...and in it's place will soon be a new Honda dealership. Great, more choices to buy from a foreign owned company.
     
  18. jester-the-molester

    jester-the-molester TS Member

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    Mr. Elliott,

    Might I suggest that you give us all the name and number of the officer you are dealing with. Maybe if he/she/it got inundated with compalints about infringement of one's civil rights, it would change their minds. At the very least it will let the police in IL know that trapshooters won't be kicked around.
     
  19. darr

    darr Well-Known Member

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    I don't understand the NRA not getting involved.I would think a simple phone call from one of their lawyers would get the gun back or at least clarify why it has not been returned.It kind of pisses me off that the NRA did not help Mr. Elliot.They were probably too busy stuffing envelopes.

    Darr Wilson
    NRA Member
     
  20. jimbotrap

    jimbotrap TS Member

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    Good new. I was told last night I would get the gun back this a.m.

    Thanks to all for your support. Hope to see some of you on the line in the
    future. - Jim Elliott
     
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