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Parade Official Cited for Roping & Dragging Tow Driver
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WYOMING
-- A horse-mounted parade official roped a tow truck driver and
pulled him about 250 feet during a confrontation before the Cheyenne
Frontier Days parade last weekend, police said.
Clay Sullivan, 45,
of Cheyenne, faces a penalty of six months in jail and a $750 fine
after being cited for rude and indecent behavior under city code,
police said. The tow truck driver was not hurt.
Randy LeBeaumont,
37, of Cheyenne, said he was heading to tow a car parked along the
parade route about 9:30 a.m. Saturday when he came upon a horse and
rider in the street.
LeBeaumont,
who said he was driving his tow truck at about 2 mph so as not to
spook the horse, said Sullivan unkindly told him to back off.
LeBeaumont said he stopped his truck and got
out.
"I tried to
explain to him I wasn't going down the road just because I felt like
it," he said. "I said, 'Look, I'm not going to sit around and argue
with you about it. I'll call police and find out who is in the
wrong."'
As he
reached into the cab to grab his cell phone, a lasso was dropped
over him. "It wasn't a skillful thing,
but more like a sucker shot," LeBeaumont said.
The rider
then pulled him down the street, though LeBeaumnont's feet never
left the ground, he said. "With my long
legs, I was able to keep up," he said.
LeBeaumont
was able to free himself from the rope and run back to his truck to
call police. Cheyenne police Lt. Jeff
Schulz said Cheyenne Frontier Days officials have agreed to dismiss
Sullivan from parade detail this year.
The matter is
under internal investigation, CFD Parade Committee chairman Bill
Larson said. Larson said he wasn't immediately sure of Sullivan's
job or his status with the annual rodeo western celebration.
A message left on
Sullivan's home answering machine seeking comment was not
immediately returned Tuesday. (AP)
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Broker Allegedly Stole $1.5M in Premiums From Towing Firms
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NEW
YORK -- An insurance broker in Ronkonkoma who specialized in
policies for tow-truck companies was arrested yesterday by FBI
agents on charges that he defrauded several of the firms by
pocketing $1.5 million of their premiums in the past several years.
Arthur Bielli, 37,
head of the Cross Country Insurance Brokerage at 4964 Express Dr.
South, drove at least one Queens tow-truck firm out of business and
harmed several others because he didn't tell them their insurance
had lapsed, said a lawyer for several of the firms.
Bielli, who lives
in Holbrook, was arraigned yesterday before U.S. Magistrate Arlene
Lindsey in U.S. District Court in Central Islip. He was ordered held
until he can come up with suitable collateral for bail.
Bielli's attorney,
Glenn Obedin of Central Islip, and Assistant U.S. Attorney Peter
Katz declined to comment.
FBI officials said
that while they know several of the firms Bielli allegedly
victimized, they believe there are others.
Gary Rosen, an
attorney from Floral Park who represents a number of towing firms,
said one of his clients, Aenos Towing of Astoria, had gone out of
business last month because the state canceled its trucks' licenses
after learning from the insurance company that there was no
insurance coverage and the city had then revoked its contract to tow
abandoned cars. Rosen said his clients often were not aware their
insurance had lapsed because Bielli would receive the notice of
cancellation and would not pass it on.
Another client,
Mike's Towing, of 816 Liberty Ave., Brooklyn, suffered financial
harm because one of its tow trucks did not have insurance and had to
be taken out of service, Rosen said.
In some cases,
Bielli would arrange for the tow-truck insurance, which can run into
the hundreds of thousands of dollars, to be financed by a lending
institution; receive the money to pay the premiums; but not pay the
insurance companies, court documents showed. The court papers said
that on several occasions when a tow-truck company made an insurance
claim, Bielli would pay it to avoid discovery.
If convicted,
Bielli could be sentenced to up to 10 years in prison. (Robert
E. Kessler - Newsday.com)
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Virginia Rep. to Unveil Total Towing Regulation Bill
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VIRGINIA
-- Rep. Jim Moran (D-Virginia) will unveil new federal legislation
today at a Virginia news conference that he claims will curtail
predatory towing in Virginia and the rest of the country.
According to a
statement from Moran's office, Moran's bill, "The State and Local
Predatory Towing Enforcement Act of 2004," "Closes a loophole in
federal law that has left regulation of the tow truck industry in
virtual limbo."
The bill is said
to allow state and local authorities to regulate every aspect of the
towing industry without requiring cost studies to insure rates are
not set too low, or providing any protections against unfair rules
or regulation.
The so-called
predatory towing practices that Moran wants to stop are already
illegal in Virginia, but lawmakers say the fines are too small to be
effective. It's unclear why Moran doesn't simply increase the fines
or possible jail time.
Moran, talking
about the practice of private impounds, said "It's a dangerous
situation. An awful lot of young women (who parked illegally) find
themselves without a car and have to get themselves down to a
desolate area and they don't have the cash that's required and they
have to deal oftentimes with surly people."
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Towing Fees Would Rise Under County's New Regulations
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MARYLAND
-- Montgomery County may soon adopt new regulations that would
increase the fees towing companies charge motorists when the police
call for a tow, but should speed up the clearing of wrecks from
roads.
The proposed
regulations would increase the base rate from $75 to $95 when police
call for a tow truck. The new rules, which must be approved by the
County Council, are expected to go into effect in September. The
council's Public Safety Committee reviewed the proposed regulations
Monday.
The proposal also
allows for motorists to call for their own tow if the company can
get there quickly, said Linda McMillan, a council senior legislative
analyst.
One woman
complained to the council that recently she was stopped by a police
officer from calling for a free AAA tow and instead had to pay
several hundred dollars to another tow company.
When police call
for a tow truck -- due to a disabled vehicle or a crash, or because
the driver was arrested -- the officer radios a dispatcher who calls
the next company on a rotating list of 61 tow truck operators in the
county. The county's program is voluntary for the tow truck
companies, but those who want to join agree to charge the county's
approved rates and abide by other guidelines, such as clearing
debris from crash scenes.
The county's
regulations do not cover motorists who call tow trucks on their own.
The new rules
would allow motorists to ask the tow trucks summoned by police to
take their vehicles directly to their service garage or auto repair
shop for the approved base rate and an additional fee of $3 per
mile. Under the current rules, vehicles towed by order of the police
are taken to the tow truck company's storage lot or the police
impound lot, and then the motorist can have the disabled vehicle
towed to a repair shop.
When motorists
using the trucks called by police want their vehicles towed to a
repair shop, the tow truck drivers ask them to sign a form that
waives them from charging the police approved rates, said Montgomery
Police Cpl. Ryan Perry of the Abandoned Auto Unit.
"I've seen tow
bills for $1,000," said Perry, who helped develop the proposed
rules.
But Jack Hessman,
general manager of Automotive Support, a towing company in Silver
Spring, said the county should use the opportunity of creating new
regulations to revamp the entire system.
He suggested the
county adopt a system of private-contracted tow truck patrols to
improve response time to clearing wrecks and improving traffic
management. Hessman also said the tow companies should be rotated in
eight-hour shifts as opposed to the system of police dispatchers
calling the next tow company on a rotating list.
"We're not
building new roads, so we must effectively manage the roads we
have," Hessman said. (C. Benjamin Ford - Maryland Gazette)
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Two Tow Drivers Arrested for Fighting "Apprentice" Contestant
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FLORIDA
-- Two Miami tow truck drivers were arrested and accused of beating
up a former star of Donald Trump's TV hit The Apprentice and her
fiance, officials said.
Donald Seay, 27,
and his brother, Daniel Seay, 24, were charged with aggravated
battery in the June 27 incident, North Miami Beach detectives said.
Katrina Campins, a
contestant on the NBC show, and her fiance, Ben Moss, had their car
towed from a strip mall parking lot by Seay Towing, according to
police reports and interviews.
The couple
confronted Donald Seay in the lot. According to the couple's lawyer,
Stuart Grossman, Seay began swearing at the couple. But Seay claimed
Campins slapped him.
Campins and Moss
took a cab to the towing company's lot in North Miami Beach to
retrieve their car, and another fight erupted.
Aided by others,
who were not identified, the Seay brothers beat Moss until he fell
to the floor, the police report said.
Campins suffered a
broken nose, swollen eye, and leg scrapes, while Moss needed
stitches for a split lip, Grossman said.
Grossman said he
has already filed a civil suit against Seay Towing. (AP)
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Tow Trucks Converge on Wisconsin Town
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WISCONSIN
-- A fleet of tow trucks descended on Chula Vista recently for the
annual Wisconsin Towing Association Convention.
Tow truck
operators from Wisconsin and several other Midwest states attended
the convention to learn about new rules and regulations and new
equipment, Convention Committee Co-Chair Marv Platt said.
For example, a New
Jersey man demonstrated new equipment that is basically a big arm
that picks up the car and swings it onto the truck.
The final activity
was a parade through downtown Dells, led by Platt's Towing's
restored 1931 Model AA Ford.
Only a small
portion of the trucks were involved in the parade, as the convention
saw an estimated 75 to 100 trucks - or $8 million worth of
equipment.
Platt and the
other co-chair, Mark Platt, organized the Chula Vista event for the
last several years. The event is always over Father's Day weekend
because "most towing outfits are family run", Platt said. Having it
in the Dells means there is plenty of fun things to do for kids and
families.
"It's all here,"
Platt said. "It's one of the reasons they all come back."
Platt, also serves
on the Towing Association Board of Directors since 1969, said the
event would not have been possible without the help of Association
member Mike DeHaan. Platt also thanks the area businessmen who
donated items.
"I've very seldom
ever been turned down for anything I asked for," he said. "Everybody
is just as nice as they can be."
Next year's
Convention will again be at Chula Vista. (Erica Dimka - Wisconsin
Dells Events)
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Judge Defends Impound Towing Rules
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MICHIGAN
-- Those who thought of suing local towing companies after an Ann
Arbor lawyer last year exposed a possible loophole in the city's
towing ordinance and got his money back might want to think again.
The same judge who
ordered Triangle Towing Inc. to repay lawyer Harvey Wax after towing
his car outside a downtown restaurant recently ruled in favor of
Triangle in a similar case because of new evidence presented at a
court hearing, records show.
In a case resolved
in April, district Judge Julie Goodridge found that the forms the
city distributed to businesses that have their own agreements with
towing companies serve as the official consent to tow agreements
required by city ordinance.
Last October,
Goodridge, presiding over Wax's case in Small Claims Court, found
that a letter between the lot owners and the towing companies
authorizing tows from their property did not qualify under the
ordinance and ordered Triangle to reimburse Wax more than $150.
Though Goodridge
heard testimony from Ann Arbor Police officers that the tow was
conducted properly, there was no testimony regarding the city's
official consent form.
In her recent
opinion, Goodridge said her decision in the Wax case did not set a
precedent because it occurred in small claims court.
City officials
said they reviewed the ordinance after the Wax ruling, but
determined no changes were necessary. The city was not involved in
either case before Goodridge.
Goodridge's ruling
from the district court bench would set a guideline for other judges
but does not guarantee rulings in favor of tow companies due to
variables in specific cases, city officials said.
Triangle Towing
Owner Scott Snuverink, who represented himself in the small claims
case, said he had been sued only once in the past two or three years
over tickets, but since the Wax case, six people sued Triangle.
Those cases are either pending in court or have been dismissed.
Other local towing
companies surveyed by The News said the initial ruling did not lead
to litigation.
Yet Snuverink said
he thought he had little choice other than to take the issue to
district court after losing the Wax case.
"We had to do it
based on the first ruling because we learned you can't take anything
for granted," Snuverink said. "We're obviously glad we did."
Wax, meanwhile,
had his vehicle towed by another company from a downtown lot last
month, and said he plans to fight the citation on the same grounds
as in his previous victory.
"Without seeing
the new evidence, it's hard to say for sure if I'll be successful,
but the ordinance stipulates there must be written consent from a
private property owner prior to towing any vehicle. A blanket
consent is not sufficient," he said. "It may be a cumbersome
process, but that's what the law requires."
No court dates
have been set for Wax's new case. (Ann Arbor News)
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County to Begin Regulating Towing
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VIRGINIA
-- The Montgomery County Sheriffs Department has received many
complaints from residents about being overcharged for towing
services.
Montgomery County
is considering a new advisory board to regulate towing companies by
setting flat rates for abandoned or disabled vehicles outside
Montgomery County.
Currently, a
towing company charges a fee that they feel is appropriate. If the
owner of the towed car disagrees, there isn’t anything to be done
about it.
The new board will
allow citizens who are towed and feel that they were overcharged an
avenue to reduce or review the price, Montgomery County Sheriff
Tommy Whitt said.
Barry Harmon of
Harmon’s Service Center in Christiansburg has been in the towing
industry since 1984. Harmon owns five tow trucks and two road
service vehicles that assist stranded vehicles that have problems
such as flat tires or a dead battery.
Harmon said that
he has no problem with the new advisory board setting rates for the
entire towing industry as long as a qualified person or persons sets
the rate.
Harmon’s Service
Center along with about seven other towing services hired Virginia
Tech marketing professor Don Rieley to conduct research for cost
analysis in the towing industry.
The sheriffs
department determines which towing company will come to the site of
an accident or disabled vehicle.
Montgomery County
is divided by four geographical areas. Under the current law, the
policeman on the scene will ask the owner of the car if they have a
preference of a towing company. If the person is unable to answer or
has no preference of a towing company, the police will call the next
available rector for that geographical area, Whitt said.
The towing company
that has been called will have 30 minutes to respond. If time has
expired, the police will call on the next rector in line. (Carley
Estes - Virginia Tech Collegiate Times)
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Tow Operators Must Collect Fee for City of Fresno
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CALIFORNIA
-- People who get their cars or pickups towed after traffic stops in
Fresno face higher fees to get their vehicles returned.
The City Council
voted this week to charge a $50 referral fee to tow-truck operators
and allow those businesses to pass the fee to vehicle owners.
"Don't break the
law, and you're not going to get your car impounded," said City
Council Member Jerry Duncan.
But a mix of
tow-truck operators and advocates for undocumented immigrants
crowded into council chambers opposing the fee.
"This $50 extra is
definitely wrong in my eyes, especially for us to collect it," said
Joe Petz, who owns Joe's Towing.
Noe Hernandez of
Centro Azteca De Informacion said Fresno police target undocumented
immigrants who cannot get California drivers licenses.
"This issue
concerns us because our community is the one most targeted by these
officers," said Hernandez, who carried a sign that read, "City of
Fresno Stop Legally Stealing Our Vehicles We Need Them To Put Food
On Your Table."
The new fee takes
effect immediately, changing the maximum towing charge from $75 per
hour to $125 per hour. The city also allowed tow-truck operators to
raise the storage fee from $15 per day to $20 per day.
People who get
their cars towed also have to pay for the traffic violation and a
$184 impound fee to the city. Police impound the vehicles of drivers
who are caught driving drunk, with a suspended license or without a
license.
Police Chief Jerry
Dyer introduced the fee change to the council last week, and the
council voted 5-2 in favor of it Tuesday. Council President Brad
Castillo and Council Member Cynthia Sterling opposed it.
Fresno police
expect to raise $900,000 to $1 million a year from the new fee. The
department will use the money to pay for overtime in the training of
police officers and to create a new tactical training unit.
Fresno police had
22,700 vehicles towed last year. Dyer said about 40% of people who
get their vehicles towed do not retrieve them, meaning the city
doesn't receive an impound fee. The fee change will mean the city
will get a guaranteed $50 per vehicle towed.
David Boyko, owner
of D & K Towing, said the higher fees will be passed to the owners
of all towed vehicles, including people who have had their cars
stolen.
"This $50 fee is
not going to affect me, it's going to affect your constituents,"
Boyko told the council.
Several operators
said they feared that, by speaking out, the police department would
blacklist them from the tow rotation, which is the list of companies
that police use to tow vehicles.
"Police people
aren't the most honest of people," Petz said.
Hernandez was one
of about two dozen advocates for undocumented immigrants who
attended the meeting.
He said immigrants
come to the Valley to work in the fields, maintain lawns and do
other low-paying jobs. But there isn't a public transportation
system that allows them to travel between Fresno and other cities,
he said, so they drive without licences.
He said these
immigrants will bear the brunt of these higher fees.
"City Council
members are elected by the people to serve and protect the people,
not persecute one segment of the workers," Hernandez said.
Dyer said he
understands the concerns of immigrants and their advocates.
"I feel for some
of these people who don't have the ability in California to legally
obtain a drivers license," Dyer said. "But that is the law." (Jim
Davis - The Fresno Bee)
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Tow Truck Driver Beaten to Death After Dispute
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ILLINOIS
-- A tow truck driver was beaten to death by five teenagers outside
a South Side gas station Wednesday, shortly after he got into an
altercation with a man who accused him of stealing his car.
Joe McDaniels, 52,
was found with a concrete brick next to his head outside Matthews
Gas Service, 4533 S. Cottage Grove, said Chicago Police spokesman
Matthew Jackson.
Police received a
call at 10:25 a.m. that a man was being beaten by several teens at
the gas station. When officers arrived, at 10:28 a.m., McDaniels was
already lying facedown in a pool of blood. Five teenagers were seen
leaving the crime scene minutes earlier in a red, two-door vehicle,
possibly a Pontiac, Jackson said.
Police are
investigating the connection between McDaniels' fatal beating and an
earlier confrontation between McDaniels and another man.
McDaniels reported
to police that the man accused him of trying to steal his car about
9 a.m. at 50th Street and Drexel. It is not clear whether McDaniels
was in the process of towing the car, a black 1999 four-door Lincoln
with a broken driver's side window.
But the man
followed McDaniels to the gas station on South Cottage Grove, pulled
a handgun on him and demanded identification, which McDaniels
showed, Jackson said.
The man then
threatened to kill McDaniels and left, going south on Cottage Grove.
Police described
the man in the earlier incident as African-American, between 20 and
25 years old, with dark complexion, black hair and brown eyes,
dressed in dark pants with a white shirt.
Descriptions of
the five teenagers suspected of killing McDaniels were not
available, police said.
Reached at their
home in Lexington, Miss., an aunt and cousin of McDaniels refused to
comment on his murder.
An employee of the
Matthews Gas Service station also declined comment.
No one was in
police custody Wednesday evening, Jackson said. (Ana Mendieta -
Chicago Sun-Times)
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Committee Advises Against Downtown Towing Ban
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NORTH
CAROLINA -- The city of Raleigh, who is considering banning all
towing from downtown, was advised by a special committee not to get
involved in the matter.
The plan to ban
towing would leave property owners in the downtown area without any
means to remove unauthorized cars from their businesses and parking
areas. This could have significant financial impact on businesses
with limited parking or businesses that lease parking for a living
because anyone could park anywhere during the hours outlined by the
city.
City Councilman
Mike Regan was quoted as saying the people who get towed in the
downtown area are whiners who knowingly parked illegally and it's
not the city's problem.
Based on
complaints from citizens who parked illegally and got towed, the
city is considering a ban towing in the downtown area between the
hours of 6 p.m. and 6 a.m..
The city has tried
to alleviate the problem by leasing lots downtown where people can
park for a $3 fee.
It's not known
whether the city council will take the advice of the committee or
follow through with their original ban.
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