St. Cloud, FL – July 1, 2015 – A Repo Man claims a St. Cloud police sergeant attacked him when he attempted to tow away his vehicle but Police Department concluded that there was probable cause to arrest both men on battery charges, however the State Attorney’s Office will review the case and decide who, if anyone, is at fault. In the meantime, the Cop will remain on the job.
Alex Maldonado said he didn’t know the car he was repossessing Monday night, a 2011 Chevrolet Malibu, belonged to police Sgt. Angel Herrera until a lieutenant told him at the scene.
“He jumped on top of me and I went straight back,” Maldonado said. “I was scared. He could have pulled out a gun.”
He said the sergeant injured his arm so badly that he required a trip to the hospital.
“It’s a legal repossession regardless of where it is. I see the car, I’m going to take it because that’s my job,” Maldonado said.
“He pretty much bum-rushed him from behind, almost like a bear hug from behind, and starting yanking on Alex, you know, which, you don’t do that,” said witness Jonathan Martinez, who is also Maldonado’s brother in law.
Herrera, 40, said he stood between the vehicles as the tow truck backed up and then sat on the hood of his car to prevent it from being towed. Herrera said they pushed each other in a struggle over a towing strap Maldonado tried to wrap around a front tire, records show.
A St. Cloud Police incident report said Herrera thought Maldonado was at fault and that the tow was not legal because it was happening at the
sergeant’s apartment complex, which is private property.
Herrera also said that the tow was bring opposed and the he and Maldonado pushed each other with their shoulders in an effort to gain control of a tow strap, documents said.
Maldonado, 36, said Herrera jumped on his back, records show. He eventually unhooked the officer’s car and left it in the parking lot.
The police department filed reports asking the Orange-Osceola State Attorney’s Office to consider charging both men with misdemeanor battery. Police policy requires an internal affairs investigation of the incident.
If the agent really wanted to he could sue the Police officer and his department in federal court for police misconduct and false arrest…… if he is prosecuted he could sue the state attorney and prosecutors for malicious prosecution……… $$$$$$$$$$$ …… knowledge is power
Fl St 493.6101 (22)
“A repossession is complete when a licensed recovery agent is in control, custody, and possession of such repossessed property.”
**** if the agent was already hooked to the vehicle …. then under Florida law the repossession was completed and the recovery agent had no obligation to retreat from the repossession. He actually had a legal right to defend himself and the police officer should be arrested for battery and filing a false police report…… not to mention unlawfully using his official status for personal gain.
*** the police officer should be required to actually pay for his own attorney …. not one paid by the PBA or his department….. since he was not acting under his official duties as an officer
I was waiting to see if somebody was going to legally explain why a recovery agent is allowed to enter private property without fear of arrest. We are exempt from this law by the Florida State Legislature because we are LICENSED by the State of Florida.
810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
“A St. Cloud Police incident report said Herrera thought Maldonado was at fault and that the tow was not legal because it was happening at theamaldondo sergeant’s apartment complex, which is private property.”
If this Police had taken the FDLE … Florida Department of Law Enforcement’s ….. police officer’s training course title “Property Repossession Process” then he would understand exactly ho stupid and ignorant of the law he really sounds.
This course was created by the FDLE and Fl Division of licensing as a way to properly train police officers on how to respond to and handle a repossession in progress. Recovery agents have complained for decades that the police officers routinely make unlawful and illegal legal decisions that harm the rights of the recovery agent and lien holder while legally enforcing a security agreement.