Bill Heard Chevrolet Takes a guy's purchase back, without authorization!
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CAVEAT VENDITOR
I've worked in the area of criminal law for the Montana Legislature for 25 years. In my opinion, two criminal offenses were committed here.
"As for the police investigation, the DA says this is a civil case, not a criminal case."
This is rubbish. The crime of theft was clearly committed. The DA obviously doesn't want, for whatever reason, to get involved and is letting those responsible get away with it. Shame on him. Here's the Tennessee Criminal Code theft statute:
"39-14-103. Theft of property.
A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent."
"The Wilsons bought the car at the Bill Heard dealership in Huntsville, Ala.
But when she went back to get a typo on the car title fixed, she says the salesman suddenly insisted she couldn't keep the car because the former owner's deal had fallen through.
'I just laughed at them,' Wilson says.
She refused to hand over the keys. That's when, she says, the salesmen surrounded her car while another used a truck to block her in all while her 1-year-old son sat strapped in his car seat."
This constitutes the crime of false imprisonment under the following provision of the Tennessee Criminal Code:
"39-13-302. False imprisonment.
(a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty.
(b) False imprisonment is a Class A misdemeanor."
Again, the DA should prosecute, instead of insullating a business from the ramifications of committing a criminal offense against a woman and her child.
"As for the police investigation, the DA says this is a civil case, not a criminal case."
This is rubbish. The crime of theft was clearly committed. The DA obviously doesn't want, for whatever reason, to get involved and is letting those responsible get away with it. Shame on him. Here's the Tennessee Criminal Code theft statute:
"39-14-103. Theft of property.
A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent."
"The Wilsons bought the car at the Bill Heard dealership in Huntsville, Ala.
But when she went back to get a typo on the car title fixed, she says the salesman suddenly insisted she couldn't keep the car because the former owner's deal had fallen through.
'I just laughed at them,' Wilson says.
She refused to hand over the keys. That's when, she says, the salesmen surrounded her car while another used a truck to block her in all while her 1-year-old son sat strapped in his car seat."
This constitutes the crime of false imprisonment under the following provision of the Tennessee Criminal Code:
"39-13-302. False imprisonment.
(a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty.
(b) False imprisonment is a Class A misdemeanor."
Again, the DA should prosecute, instead of insullating a business from the ramifications of committing a criminal offense against a woman and her child.
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