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July 31, 2003
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July 2, 2003
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Towing Companies Suffer Through Rough Times
July 31, 2003 |
|
OREGON
-- With 20 employees and 14 trucks, Nine-T-Nine Towing, of Tigard,
prides itself on being the oldest, largest -- and only -- full-service
towing company in the city.
For decades,
Nine-T-Nine, which was founded in 1947, reigned as the Tigard Police
Department's tow truck company of choice, hauling vehicles from accident
scenes and traffic stops to its sprawling, well-kept yard: three acres
penned in razor wire on Southwest Pacific Highway at 72nd Avenue. At $30
a day in storage fees, each car is literally money in the bank for
Nine-T-Nine.
In January, in the
name of fairness, Nine-T-Nine's decades-old monopoly abruptly ended. The
Tigard Police Department contracted with Fox's Towing, a rapidly
expanding business based in Newberg with a lot on Pacific Highway in
Tualatin, and began rotating tow dispatches between the two competitors.
Since the new
arrangement went into effect, brothers Frank and Chuck Morehouse, who
own Nine-T-Nine, have laid off three drivers and have had to ante up
$50,000 of their personal savings to keep their business solvent.
But Chuck Morehouse, a
Newberg resident who bought Nine-T-Nine from his former boss in 1996,
said the company's woes reflect an industrywide economic funk, not just
a loss of revenue from the Tigard Police Department.
"There's enough
work out there for everybody," said Morehouse, 55. "As far as
volume is concerned, we're doing more tows now than we did last year.
The profits are there, but we're losing money because our expenses went
up. Everything went up. Way up. We're just trying to figure out how to
survive here."
That struggle to stay
afloat is now leading the Morehouses to find new ways of doing business.
Nine-T-Nine's biggest
single expense is the $11,000 monthly rent on its yard, which was $3,500
nine years ago. During the past two years, the Morehouses said,
Nine-T-Nine's insurance premium has increased by 50 percent, to $100,000
a year. A new tow truck costs between $60,000 and $70,000; a six-month
supply of fuel for all those trucks has increased 30 percent from a year
ago, to $8,000 to 10,000. Nine-T-Nine's bill at Les Schwab is running
close to $1,000 a month.
The list goes on and
on.
In fact, losing a
chunk of police tow business has been something of a blessing in
disguise for Nine-T-Nine.
"People get
arrested, their cars are getting impounded, and they're not coming to
pick them up," said Chuck Morehouse, who notes that in the case of
accidents, cash-strapped car owners are pocketing insurance money and
leaving their damaged vehicles to rust in his yard.
"Last month, I
sold $11,000 worth of cars," he said. "With unpaid tow bills,
what I had to pay my drivers, and what it cost to file all the lien
papers, it wasn't even a wash. . . . The phone is ringing daily --
people who want to buy homes but can't because they say I ruined their
credit rating. I get called all kinds of names. I'm sorry people are in
bad financial condition, but we've got a bunch of junk that we can't get
rid of."
Even the Morehouses'
competition is feeling the pinch. Scott Fox bought a stake in Fox's
Towing when his father died in 2001 and has expanded it from one truck
to five, going after new business wherever he can find it, be it in
Tigard or his hometown of Newberg.
Increasing his
company's share of police tows has come at a cost: Earlier this month,
he cleared his lot of abandoned vehicles, and within two weeks, it was
nearly filled to capacity with more junk cars he couldn't sell.
"I'm getting so
many of them now, it's killing me," said Fox, 38. "My profits
are down, big time."
Gary Coe, a past
president of the Towing & Recovery Association of America and of the
Oregon Tow Truck Association, owns Retriever Towing in Portland. Known
in the industry as the "King of Towing," Coe said just about
everybody is hurting these days.
"Things are
really skinny this year," he said. "Fewer people are moving
around. We're not seeing traffic jams like we used to. . . . More and
more people who have their cars towed aren't claiming them because
they're unemployed. In addition to that, a lot of repair shops are light
on work, and some of that work comes in on the backs of tow trucks. I've
been to service departments where you can roll a bowling ball through
the place."
And when tow companies
get calls from stranded motorists, most now belong to automobile clubs,
which typically reimburse at less than half the going rate for a hookup,
which is $45. So even the bread and butter of towing isn't profitable
anymore.
Which is why the
Morehouses are striving to increase their share of one of the only
moneymaking niches left in the business: transporting oversized
vehicles, such as motor homes, and recovering and cleaning up wrecked
tractor-trailer trucks. Nine-T-Nine recently invested $130,000 in a
piece of machinery for big-rig recovery -- such jobs can reap as much as
$10,000 each for the company -- that's so specialized that Chuck
Morehouse has been summoned to spirit away wrecks as far north as the
Olympic Peninsula and even the Canadian border.
With fewer drivers,
he's spending a lot more time on the road these days, sometimes from 7
in the morning until 10 at night, seven days a week.
"This job used to
be fun," Morehouse said. "Now it's just plain work." (Ted
Katauskas - The Oregonian)
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Argument With Colleague Ends in Tow Truck Driver's
Death
July 30, 2003 |
|
TEXAS
-- An Austin man accused of shooting and killing a colleague
during a dispute over a parking spot was charged with manslaughter
Tuesday.
Juan Solis, 26, was
getting ready to leave his job at Austin Express Towing, 500 E. Ben
White Blvd., Sunday night when Daniel Higginbotham came in, according to
an arrest warrant affidavit. Higginbotham, a 22-year-old tow truck
driver, had begun his shift and wanted Solis' parking spot immediately,
police said.
The affidavit said
Higginbotham told Solis to move his car. Solis told him to hold on, that
he was getting ready to leave, and suggested that Higginbotham park his
truck near Solis' car, the document said. Higginbotham said he didn't
want to do that, and Solis again told him to wait, the affidavit said.
Higginbotham told
Solis that he was going to tow the car if he didn't move it, police
said. "Try it," Solis said, according to the affidavit.
Higginbotham left the
building, got in his truck and began backing up to Solis' car, police
said. Solis, who had been sitting at the dispatcher's desk, picked up a
shotgun, holding the gun where the metal and wood meet, police said.
Solis, who told police that he got the shotgun to "mess" with
Higginbotham, walked to the door about 10:45 p.m. and fired the gun,
striking Higginbotham in the upper left abdominal area, the affidavit
said.
"My guess is that
he had his finger on the trigger and pulled it," Austin police
Detective Manuel Fuentes said.
Higginbotham was taken
to Brackenridge Hospital, where he died Sunday night.
A preliminary police
review showed that the shotgun was working properly and that someone
would have to pull the trigger for the gun to fire. Solis told police
that the weapon "just went off."
Although
Higginbotham's death was ruled a homicide, it is not considered a murder
because police believe that Solis did not intend to kill Higginbotham,
Fuentes said. Solis was charged with recklessly causing Higginbotham's
death.
Higginbotham's
relatives could not be reached for comment. Michael Bradford, the
manager of Austin Express Towing, declined to comment. (Monica Polanco
-- American Statesman)
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Carjacking Survivor Rescued by Tow Truck Driver
July 30, 2003 |
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MISSOURI
-- Niki Beckman who survived a carjacking and serious accident on I-55
in St. Louis, and wanted to thank the tow truck driver who ran to her
rescue.
It happened Saturday
when a stranger dove through Niki's window and grabbed the wheel of her
car. He steered them across 5lanes of traffic before the car hit the
median and flipped. The carjacker ran from the scene, but Niki was
trapped in her car.
Josh Gumpenberger, a
part time EMT and full time tow truck driver, was on his way to work
when he witnessed the accident. He grabbed the medical bag he always
carries in his trunk and rushed to Niki's aid. He held her hand and
bandaged her wounds until help could arrive.
Niki wanted to thank
him, but didn't know his last name. After Josh's mother saw the story on
TV, he came forward to meet Niki once again. When Josh came to the door,
Niki greeted him with a hug as well as balloons and a special plaque to
show her gratitude. Josh said no thanks was needed, that seeing her in
once piece was thanks enough.
The suspect in the
incident remains in the hospital. 43-year old Ronnie Creech is charged
with attempted robbery, property damage, and tampering.
Niki is recovering
from her injuries. But she is grieving the loss of her car. She worked
two jobs to pay for the one she was driving that day, and says it will
be a long time before she can afford another car again. (Thanks Gerald)
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City Raises Garbage Fees to Cover Car Disposal
July 30, 2003 |
| ALASKA
-- The
Juneau Assembly approved a measure Monday night increasing monthly
utility bills by $1.40 for one year to help cover the cost of picking up
and disposing of junk cars.
Starting September 1,
homeowners will pay a hazardous waste management fee of $5.40 per month,
instead of $4.
The city deals with
about 700 junk cars a year. The price tag for disposal is about $340 per
vehicle, including towing and disposal of hazardous materials, City
Manager Rod Swope said.
The city will use the
revenue generated by the fees, about $196,000, to help offset the cost
of disposing of the junk cars until it can develop another approach, he
said.
"In this year, we
are going to try to figure out some other way of dealing with the
problem," Swope said.
Dennis Harris, who
works for Wright Services, a local property management company,
testified against the measure.
"The emphasis for
the funding of this is totally wrong," Harris said. "It's not
the vehicle and the vehicle's owner that's paying the cost. It's the
owner of the home. And we own 500 rental units."
Assembly member Dale
Anderson also spoke against the measure.
"It is put on the
back of the wrong people," he said. "We are hitting people who
are paying taxes already."
The measure passed in
a 7-2 vote. Anderson and Mayor Sally Smith voted against it. (Julia
O'Malley - Juneau Empire)
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Tow Truck Driver Loses Bumper, Causing Fatal Wreck
July 20, 2003 |
|
FLORIDA
-- The tow truck driver responsible for the 7-pound bumper that came
loose from his truck and led to the deaths of two brothers in late
December was adjudicated guilty for failure to secure load Friday
afternoon by County Court Judge Patti Christensen.
Christensen fined
Atlantic Beach resident Sheridan Grimm $500 and suspended his license
for six months for not properly securing the bumper.
Grimm protested at the
end of the hearing in the St. Johns County Courthouse, saying he did not
have a job without a license and would lose his son. He would not
comment after the hearing to explain further.
"It's a serious,
serious consequence," Christensen said, recalling a couple of
instances where other deaths occurred on St. Johns County roads because
something came loose from a vehicle.
"It's probably
something that haunts you to this day," she told Grimm.
The Ponte Vedra Beach
mother of the two brothers, Marcy Bartlett, had her attorney speak on
her behalf. Randall Rutledge said Bartlett did not wish to hurt Grimm's
livelihood. Christensen took this comment into consideration when she
suspended his license for six months rather than handing out the maximum
penalty of a year.
The wreck caused by
the bumper falling from the tow truck happened on Dec. 19 near Nease
High School. Sean, 15, and Justin, 20, were heading toward St. Augustine
on U.S. 1 behind Grimm, who was towing a 2003 Grand Am. The bumper broke
free, causing Justin to swerve to the right shoulder, then overcorrect
back into his lane, according to the Florida Highway Patrol. The report
said the Volvo cut across the median and into the path of a northbound
white SUV. The impact split the Volvo in half and the brothers died at
the scene, according to the FHP.
Attorney Borden
Hallowes spoke for Grimm at the hearing, saying Grimm had more than 20
years experience as a tow truck driver and the tragedy was a "freak
type of accident." He said Grimm knew how to secure the bumper. The
only reason Grimm could think of as to why it might have come loose was
"an unusual crosswind somehow took the bumper off," Hallowes
said.
Grimm has 30 days to
appeal the decision and 90 days to pay the fine, Christensen said.
(Bryan Noonan - staugustine.com)
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Man Pleads Guilty in Death of Tow Truck Driver
July 20, 2003 |
|
CALIFORNIA
-- A Pleasanton man changed his plea to guilty Thursday on charges of
vehicular manslaughter and underage drunken driving in the death of a
San Ramon Tow truck driver.
Justin Andrew Steiner,
20, is now scheduled to appear before Hayward Superior Court Judge
Robert Kurtz on Sept. 8 for sentencing, and is expected to receive up to
nine months in the county jail, as well as five years' felony probation.
Steiner originally
pleaded innocent to the charges. The Alameda County District Attorney's
Office said Steiner's decision to change his plea was not motivated by
negotiations, otherwise known as plea bargaining.
The case revolves
around the Jan. 11 death of Justen Cecil Purcell, 26, of Pittsburg.
According to court documents, Steiner's 1994 Ford Explorer sideswiped a
California Highway Patrol car and a 1997 Pontiac Grand Am before plowing
into Purcell's San Ramon Tow truck as the vehicles were parked on the
side of southbound Interstate 680 near Alcosta Boulevard.
Purcell was struck as
he exited the truck, and died an hour later at Eden hospital in Castro
Valley. Court papers said Steiner, then 19, told police he drank three
beers that night at two parties in Lafayette.
Steiner's
blood-alcohol level was measured at .06 percent. The legal limit for
adults is .08 percent, but there are zero-tolerance laws for minors.
Steiner has been free on $30,000 bail. (Kim Santos - Tri-Valley Herald)
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Towing is Tricky Business in Bad Weather
July 20, 2003 |
|
TEXAS
-- Hurricane Claudette caused some headaches in San Antonio, especially
on the roads and highways. Slick roads caused a lot of accidents. And
towing vehicles is tricky business in bad weather.
Rain turns San Antonio
roadways into vehicular slip and slides and that means busy business for
towing companies.
"It's hard to
keep up, but we usually do pretty well," Jeff Wilson, a supervisor
for Texas Towing, said. "We bring in everybody we can that's off
and we try to use every available truck we have."
His company handles
towing for San Antonio and Bexar county with 40 trucks. If you're
waiting for a tow, response times can depend on the weather.
"Thirty minute
ETAs is what we use," Wilson said. "On extremely busy days it
may run past that but we're pretty good about staying within that
30-minute time zone."
If you're ever in need
of a tow, it's recommended that -- if possible -- you steer your vehicle
away from traffic to the shoulder of the road.
But if you want to
avoid such a situation, how you drive can make an impact on whether or
not you need to get pulled from trouble.
"Just look ahead
and slow down when the roads are slick and run the speed limit,"
Wilson advised.
Tow truck drivers said
one thing that can help speed up your service time is to know exactly
where you want your vehicle to be towed. (Jason Cohn, News 9 San
Antonio)
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Towing Company Employee is Amazing Survivor
July 15, 2003 |
|
ALABAMA
-- He's walking around after being kidnapped, shot twice and left for
dead: 'I was cold and wet'
LaBarron McNeal
stopped by City Wrecker Service in Prichard to chat with co-workers
Monday afternoon, but he had to leave for a doctor's appointment.
That was
understandable, given that a day earlier he'd taken a bullet to the back
of the head.
McNeal, 46, somehow
emerged mobile and conversational following the pre-dawn ordeal Sunday
in which the assailants burst into the office on Martin Luther King Jr.
Avenue, ordered him into the trunk of a car, drove about 18 miles, tied
him to a tree and shot him twice. He was left to shout and bleed for
several hours before someone at a nearby gas station heard him and
summoned help.
"I was cold and
wet," said McNeal, who suffered no major harm from the bullet that
passed centimeters from his brain and spine.
City Wrecker has long
been the main towing company used by the city of Prichard, including the
handling of vehicles confiscated by police.
The stage for McNeal's
kidnapping and near-death experience may have been set about a week ago,
when authorities impounded a blue, two-door, 1986 Oldsmobile Ciera after
finding crack cocaine and a gun inside, according to Joseph Sanders,
another City Wrecker employee. A Prichard police spokesman was unable to
confirm that late Monday.
Immediately, the
company started receiving daily phone calls from the car's owners,
wanting to know when they could pick it up, Sanders said. He noted that
the car -- which ordinarily would be worth about $1,100 in great
condition, according to several Internet value estimators -- had a set
of custom 20-inch wheels worth about $2,800.
Sanders said the calls
continued through Saturday but have ceased since Sunday's attack.
Mobile County Sheriff
Jack Tillman, whose deputies are handling the case, said investigators
had not identified any suspects as of Monday evening.
"Seems like they
were very determined to get at whatever was in that car, or to get that
particular car," Tillman said of the robbers, laughing.
According to McNeal,
he was manning the City Wrecker office, which is staffed around the
clock, alone at 2 a.m. when two men came in wearing bandannas to
partially disguise their faces. At least one had a pistol, he said,
adding that he didn't know the men but thought he might have seen them
before.
The robbers
specifically demanded the keys to the Oldsmobile, as well as any cash in
the office, McNeal said. He told them there was no cash, but turned over
the keys and followed their instructions when they ordered him into the
trunk, he said.
McNeal s aid he heard
his attackers get into the car and start the engine, and the car began
to move.
Twenty or 30 minutes
later, the car stopped and the trunk opened, and McNeal was ordered into
a wooded area off Theodore Dawes Road near the Interstate 10 exit, he
said. The robbers tied him to a tree with a belt and some cloth, he
said. Then they shot him once in the rectum and again in the back of the
head, and McNeal blacked out.
He's not sure how long
he was unconscious. When he came to, he started calling for help, but no
one heard him until nearly dawn.
"I just kept
hollerin' and hollerin' and hollerin' till help came," McNeal said.
Someone at the Compac
Food Store across the road heard him and finally found him, authorities
said. McNeal was flown to the University of South Alabama Medical
Center, where doctors discovered the slug fired at his skull had come
out his neck, causing no serious damage.
"I got a
headache," he said, "but I'll live and make it." (Joe
Danborn - al.com)
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Tow Operators Fight to Keep Rotation
July 15, 2003 |
|
SOUTH
CAROLINA -- A group of impassioned tow truck operator who faced being
excluded from doing business for Aiken's police force will tow another
day.
About 10 people, some
of whom have towed wrecks for Aiken Public Safety for more than a
decade, swayed the Aiken City Council on Monday night not to eliminate
them from a select list of 19 companies that perform the service on a
rotating basis.
The council still
might limit its list in an effort to formalize its agreement with tow
companies. The South Carolina Supreme Court has ruled that cities and
companies that perform involuntary towing services, such as for wrecks
or DUIs, have formed a franchise agreement.
City Manager Roger
LeDuc recommended that the council limit the list to companies within
city limits, which pay higher business license fees and city taxes.
Some of the companies
on the list also are too far away from Aiken, which makes it more
difficult for customers to retrieve their towed vehicles, Mr. LeDuc told
the council.
But getting cut from
the list would mean losing up to a third of their business for some
companies, drivers told the council.
"You're talking
about taking our livelihood," said an emotional Mary Delaney, who
tows trucks for Custom Finish in Warrenville, about five miles outside
Aiken.
Public safety calls
companies on the tow list almost 800 times a year and selects a
different one each time.
"We all depend on
that rotation," Ms. Delaney said.
Part of Mr. LeDuc's
recommendation called for using companies with $1 million insurance
policies and well-lit impound lots that are screened off from public
view. Several of the drivers from outside the city said they met those
qualifications.
Benjamin Miller, of
Aiken Paint and Body inside the city, agreed with the recommendation.
Mr. Miller argued that companies in the county paid less money to the
city.
"I pay my
business license fees based on 100 percent of what I make," he
said.
The council will
discuss the issue again at its Aug. 11 meeting. (Thanks Tim)
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Out-of-Control Tow Truck Crushes SUV, 4 Dead
July 15, 2003 |
|
CALIFORNIA
-- A nightmarish freeway crash, described by a veteran Highway Patrol
officer as the most horrific he had ever seen, killed three siblings and
a tow truck driver Monday afternoon on busy Interstate 280 in San
Francisco.
In a bizarre sequence
of events, an out-of-control tow truck flew through the air, skidded
across the northbound lanes, flipped over a guardrail, plunged 30 feet
and landed atop a sport utility vehicle in the southbound lanes, killing
the three people inside as well as the truck driver.
Two of the siblings'
cousins were following in another vehicle and apparently witnessed the
accident through their windshield as the tow truck dropped from above
and crushed the SUV.
The freak accident
left law enforcement officers shaken -- and shaking their heads in
disbelief.
"This was a
horrific accident," said California Highway Patrol officer Sean
Chase. "I've been working 18 years and haven't seen anything like
it."
Killed in the accident
were the tow truck driver, Walid Mansour, 53, of San Jose; Lisa Tran,
21, of Pacifica, who was driving the sport utility vehicle; and two
passengers -- her brother, Johnny Tran, 16, of Pacifica, and a younger
female, who is believed by police to be their sister but whose name was
not released pending a positive identification.
The accident, which
snarled traffic for two hours, took place about 1:20 p.m. where Alemany
Boulevard and the two sides of Interstate 280 run parallel on three
levels of a San Francisco hillside just west of the junction with
Highway 101.
It started when a
yellow tow truck bearing the name "Willy's Towing" was heading
northbound on Alemany, and the driver swerved to avoid a minor traffic
accident in front of him, said San Francisco Police Inspector Karen
Lynch. Police at the scene said the truck appeared to have been
traveling at a high speed.
After Mansour lost
control of the tow truck, it veered across three lanes of traffic on
Alemany, jumped the curb, crossed a narrow median, then plowed through a
guardrail mounted atop a 3-foot cement wall separating Alemany from 280.
The tow truck was launched into the air, sailed across two northbound
lanes and fell 30 feet onto the interstate. It then skidded on its side
into the guardrail separating the northbound and southbound lanes before
plummeting another 30 feet onto southbound I-280. In its wake, it left a
trail of debris and equipment.
The truck landed atop
a 1990 Toyota 4Runner in the fast lane, nearly flattening the vehicle
and killing the three occupants -- probably instantly, according to the
San Francisco medical examiner's office.
"This is as
bizarre as it gets," said Sgt. Neville Gittens of the San Francisco
Police Department.
Rescue workers had to
use cutting tools to remove the bodies.
"I don't think
they knew what hit them," said one emergency worker.
They were part of a
family caravan bound for their Pacifica home, Lynch said. Two male
cousins traveling in a vehicle a short distance behind the Toyota told
police they witnessed the crash but did not see the falling tow truck
until it landed on their relatives' vehicle.
All southbound lanes
and one northbound lane of I-280 were closed while police and CHP
officers investigated the accident. Traffic, which backed up to Highway
101, was taken off at the Alemany exit and routed back onto the freeway
a quarter-mile up the road. Southbound lanes of the freeway were
reopened at 3:30 p.m., and the backup quickly disappeared.
Mansour was the owner
of and sole driver for Willy's Towing in San Francisco.
According to his
family, he had about 15 years of experience driving a wrecker.
"He was a very
experienced driver," said a brother-in-law, Majid Barance.
"I'm sure he was doing his best to avoid hurting anyone. It's just
a terrible thing that happened. We don't understand it."
Mansour was an
immigrant from the Palestinian city of Ramallah who settled in the Bay
Area nearly 30 years ago. He married his wife 25 years ago and together
they raised two sons, ages 16 and 19.
He spent more than a
decade working long hours as a tow truck driver for other companies,
including Excelsior Towing, before he finally was able to go into
business for himself.
"He started his
own company about four years ago," said Barance. "He was very
proud of himself. It was his dream."
Just last year,
Mansour fulfilled another longtime dream when he purchased a home for
his family in residential area of San Jose.
"Everything was
going well," Barance said. "He bought a home. He had a son in
college. He was working six days a week. . . . Then all of the sudden,
he's gone."
"We are all
hurting," Barance said. "His family doesn't know what to do.
We feel lost right now." (Michael Cabanatuan and Jim Herron Zamora,
San Francisco Chronicle)
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Man Shoots Tow Truck & His Own Truck
July 14, 2003 |
|
FLORIDA
-- A Hollywood man is under arrest after he shot his own pickup truck
and a tow truck, police said.
Hollywood police said
that a tow truck driver arrived at 7321 Branch St. to pick up a Toyota
pickup that was being repossessed.
The tow truck driver
said that while he was trying to take the vehicle, the owner came out of
the house and fired shots that hit both the tow truck and the Toyota.
Police said the man
got away before they could find him. He reportedly turned himself in to
police Thursday afternoon. No one was injured in the incident. (Thanks
Mark)
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Property Groups Defend Right to Have Cars Impounded
July 12, 2003 |
|
TEXAS
-- Some days, Denny's manager Eric Campbell can't find a place to park
at the restaurant's downtown San Antonio location because much of the
lot is full with cars of people not eating there.
"We're losing
business because of that," Campbell said.
Denny's hired Bexar
Towing to haul the problem cars away. But a month ago, the city,
answering complaints from people saying their cars were towed even when
they were legitimately parked, began telling business owners that the
state's towing law prohibits tow-truck operators from
"patrolling" lots.
Campbell said police,
at the time, also threatened to arrest managers who didn't follow the
law.
"That scared the
heck out of everybody," Campbell said.
After that incident,
Bexar Towing owner John David DeLoach sued the city and a San Antonio
detective and successfully sought a court order that bars the city,
through July 21, from enforcing the law.
DeLoach was in court
again Wednesday, hoping to convince U.S. District Judge Orlando Garcia
to make the order last until the lawsuit is resolved. The judge deferred
ruling until getting written arguments by all parties who might have a
stake in the suit. On Wednesday, several organizations of property
owners filed a court brief supporting DeLoach.
In the suit, DeLoach
said the city's interpretation of the law interferes with contracts he
has with property owners. His lawyer, Carleton Spears, said DeLoach's
company has some 2,000 clients, including Denny's, AT&T, the
University of Texas Health Science Center and Bank of America.
"This law has
been on the books for eight years, and no one in the state has
interpreted it this way," Spears said.
The city disputes the
incident at Denny's and said police began visiting businesses after
receiving "an awful lot of complaints" from tourists and
others about improperly towed vehicles. Assistant City Attorney Debbie
Klein said the visits were meant to inform the property owners that the
law requires them to "be the ones directing that the vehicles be
towed" and not have tow trucks watching the lots.
But the city has its
detractors. The San Antonio Building Owners and Managers Association,
the San Antonio Apartment Association and eight other similar
organizations backed DeLoach with a court brief. (Guillermo Contreras
San Antonio Express-News)
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Cop Tangles With Tow Company
July 10, 2003 |
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MASSACHUSETTS
-- Winchester Police Officer James Covino was involved in an altercation
with a Somerville towing company after allegedly parking illegally at
Commercial Wharf in Boston and then reportedly refusing to pay the $95
tow fee after his car was towed on Saturday night.
Bill Tauro, whose
family owns Pat's Towing Company in Somerville, said Covino reportedly
parked his car in a private parking space marked "no trespassing,
per order of security" at the wharf. After the vehicle was towed,
Covino came to the towing company a little after 9 p.m. and asked the
company to release his car. When the company refused, Covino and a
family member, reportedly entered the car and left the premises, Tauro
said.
"He came in,
flashed his badge, and asked for a pass," Tauro said in an
interview on Monday. "When we explained to him that he would have
to pay the $95, [Covino] said, 'I'll handle this another way.' He and
his brother left and drove off with the car. We have it all on video
tape."
According to Tauro,
the company then called both the Somerville and Winchester police
departments, informing them that a vehicle had been stolen from the lot
and implicating Covino in the act. Tauro said Winchester Sgt. Peter
MacDonnell reportedly called Covino and ordered him to return the car
and pay the bill.
"[Covino] brought
the car back," Tauro said, "And paid the bill. There are signs
everywhere around - 'Police Impound Lot' - 'No Trespassing' - [we]
didn't like the idea that the guy wouldn't pay the $95."
Covino, who has been
employed by the department for over 17 years, was not available for
comment. The Somerville Police Department reportedly has no report on
the matter and no arrest warrant was issued in the case.
Tauro said people
regularly ask the company to waive the fee, but he noted that this was
the first time a police officer has ever been in an altercation with the
company.
"We had this
happen once before, with a [Boston Transportation Dept.] driver last
year," he said. "He left the lot without paying and we pressed
charges. He is in court now."
In an interview
Tuesday morning, Tauro reported that members of the Internal Affairs
Division of the Winchester Police Department - which include MacDonnell
and Detective Lt. James Pierce - had interviewed the company's
dispatcher, drivers, and other witnesses about the incident Monday
night. He also noted that Police Chief Joe Perritano had called the
company about the matter.
In a telephone
interview on Monday, Perritano confirmed the department would be
investigating the matter and also said that Covino would not be put on
administrative leave while the incident was being investigated.
MacDonnell, who is also president of the patrolmen's union, refused to
comment on the issue. Pierce also offered no comment.
Tauro said while
"nobody is above the law," the company has decided not to
press charges against Covino.
"I don't care if
[Covino] is a cop or not," Tauro said. "He should have paid
the bill." (Anthony Schinella - The Winchester Star)
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Tow Truck Driver Finds Three Homicide Victims
July 9, 2003 |
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TEXAS
-- Police and medical examiners are trying to piece together a horrific
scene -- three Hispanic men in their 20s found shot in the stomach,
found in the cab of a pickup truck.
"We have three
young Hispanic men that were bound and placed in the back of this
vehicle. At some point, in this area during the time that they were
bound, they are all shot to death," said Houston Police Department
Homicide Sgt. Mike Peters.
It wasn't police who
discovered the bodies. Instead, it was a surprised tow truck driver who
thought he was making a routine check on a stalled car.
Police say the
wrecker's first impression was that the men were sleeping. When he
looked closer he says he realized they were dead and called police.
One clue, police say
signs of a struggle may have led to the shooting.
"There was
probably a struggle in this van just prior to the shooting and the
struggle probably initiated the shooting itself," said Sgt. Peters.
Police say one man did
appear to get his hands free, but not fast enough.
Police are working to
identify the victims. They are also searching for at least one and
possibly two suspects.
The men were found in
a burnt orange Ford crew cab pickup truck. The truck is registered in
Roma, Texas. If you have any information you're asked to call Crime
Stoppers at 713-222-TIPS. (Jennifer Joseph - News 24)
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Abandoned Cars Gather Dust in Oregon
July 7, 2003 |
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OREGON
-- Not long ago, abandoned cars would be moved off Portland's highways
seemingly before their engines cooled.
Now, it takes days.
Sometimes it seems like weeks before the 30-year-old red compact with
the flat tire and suede paint job parked alongside the Sunset Highway
gets hauled off.
It isn't that more
cars are turning up DOA along major commuter routes. It is simply that
it takes longer to get them towed. In the meantime, they are eyesores
and nuisances, as some of them slowly get robbed of useful parts by
late-night scavengers.
Blame the change on
money and the law.
A couple of years ago,
the Oregon Department of Transportation's COMET vehicles -- the
oversized white pickups driven by the state's version of tire-changing,
battery-jumping, gas-toting Eagle Scouts -- could tag a vehicle left
along the highway and call for a tow.
Most of the abandoned
cars in the Portland area are spotted by COMET crews or by dispatchers
working at ODOT's downtown control center, where major highways,
intersections and bridges are monitored with a network of cameras.
The tag is the bright
orange paint that notes the time and day the car was first reported to
ODOT's dispatch center. It serves as a record of how long a vehicle is
there and lets other ODOT workers know that it has been reported.
The towing policy
became an issue, and Attorney General Hardy Myers issued an opinion that
only police officers could call for a tow.
The change came about
because the law says that a vehicle must be checked through the Law
Enforcement Data System (LEDS) to see whether it is stolen or possibly
involved in a crime. With the number of abandoned vehicles -- and
COMET's effort to get them off the highway as soon as practical --
police agencies were constantly being asked to run a "LEDS
check" on the cars.
To reduce the strain
on police agencies, ODOT asked for its own authority to run the vehicles
through LEDS.
"That raised a
red flag," said Lt. Dale Rutledge, Oregon State Police spokesman.
"The law requires
a police officer to check the vehicle," he said. "The ruling
said we couldn't let that authority go to ODOT."
Now, the COMET drivers
can "move, but not remove" the vehicle, said ODOT spokesman
Dave Thompson.
"If the vehicle
is in the right of way or if it would be a hazard to other motorists,
COMET can move it just far enough that it isn't a hazard anymore,"
he said.
Rutledge said the
biggest towing delays are in Portland on major routes such as
Interstates 5 and 84.
Budget cutbacks have
resulted in fewer police on the highway, and tagging abandoned cars for
a tow is a lower priority than other tasks.
The issue becomes a
bit more complicated in that the state has enforcement agreements with
local police, who are responsible for state highways within their
jurisdiction.
Portland police, for
example, respond to vehicles on state highways within the city.
Washington County deputies patrol U.S. 26 from Portland to Southwest
185th Avenue.
Abandoned vehicles on
Portland city streets are a completely different issue, said Henry
Groepper, spokesman for the Portland Police Bureau.
Those end up in the
city's nuisance bureau, the folks who also are responsible for
investigating loud parties, screaming car alarms and weed-filled front
yards.
"It takes a while
to get anything done," Groepper said. "The first thing they
have to do is mark the car to be sure it is really abandoned and then
try to notify the owner. Because towing it amounts to taking somebody's
property, it just takes a lot longer."
Groepper tells the
story of a man who lived in his car, parked in a combination residential
and business zone. Neighbors considered it abandoned and a nuisance.
"The officer
would come by and chalk the side of the tire to determine if the vehicle
was being moved," he said. "The guy knew what was going on, so
he just pushed it up and down the street so the tire mark moved around.
(Jerry F. Boone - Oregonian)
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Tow Truck Driver Injured on KY 389
July 2, 2003 |
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KENTUCKY
-- A tow truck driver for M&M Towing received minor injuries
yesterday morning, according to Carroll County Sheriff Charlie Maiden.
Harry D. Mercer, 36,
Ghent, was traveling northbound on KY 389 at 11:37 a.m. EDT, when he was
forced off the road by a large truck, Maiden said today.
Mercer lost control of
the vehicle and it came to rest off the right side of KY 389, Maiden
said.
Maiden said the driver
of the truck did not stop and was not identified.
Ambulance workers
transported Mercer to Carroll County Hospital, where he was treated and
released, Maiden said. (Carroll County News)
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D.C. Gets Tougher Towing Statute
July 2, 2003 |
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WASHINGTON
D.C. -- District officials have a new law to help them remove the gray
Dodge Dynasty with rusting wheels on Howard Road SE or the red wrecked
Mercury on New York Avenue NE and the hundreds of other abandoned
vehicles around the city.
Leslie Hotaling,
director of the city's Public Works Department, said the law also
reduces the amount of time the city must hold a vehicle and clarifies
the legal meaning of abandoned or dangerous vehicles.
Municipal wreckers can
now tow an abandoned vehicle left for more than 24 hours on public
ground or left more than 30 days on private property if it meets at
least two of four conditions — no tags, broken down, extensive damage
or vermin infestation.
A dangerous vehicle,
which now can be towed without notice, is defined as one that harbors
rats and other pests, has exposed glass or metal shards or can entrap a
child.
The law also allows
city crews to tag a vehicle and tow it from public property in 24 hours,
instead of having to wait at least six days. And crews can tow an
abandoned vehicle from private land 45 days after mailing a warning to
the property owner.
If the property owner
consents, the vehicle can be taken immediately after a notice is placed
on the car. Crews can then remove a dangerous vehicle from private land
immediately after placing a notice.
The law also allows
the city to impound vehicles for shorter periods of time, said Mary
Myers, spokeswoman for the Public Works Department. If a vehicle has no
visible identification, the city can auction or scrap it within 24
hours.
The change should
clear up clogged impound lots, she said.
"We are always at
or near capacity, primarily because the District has been forced to hold
on to these vehicles for 45 days until the last owner of record is
notified," Miss Myers said.
The law also increases
the penalties for abandoning vehicles in the District.
For example, an owner
who already has had an abandoned or dangerous vehicle towed from a
public place could receive a $500 fine or 90 days in jail.
Cmdr. Winston Robinson
Jr. of District 7 said the law will help eliminate the number of
abandoned cars in Southeast, where the problem is especially bad.
But the public health
hazard extends across the city, Miss Hotaling said. The Public Works
Department each month receives 2,400 to 2,600 complaints about deserted
cars.
Abandoned cars also
tempt car thieves, said Detective Daniel Straub of the police
department's auto theft unit.
Towing abandoned cars
in the District has been at the center of three recent municipal
scandals.
The Washington Times
reported in 2001 that a D.C. inspector general's audit found some police
officers conspired with towing companies to impound cars illegally.
The Times also
reported that year that the city auditor's office discovered the Public
Works Department altered statistics about how well it removed abandoned
cars and perhaps mismanaged revenue from the sales of impounded
vehicles.
Right now, D.C.
officials are investigating the city's lease of an impound lot in Prince
George's County, according to new reports.
Ms. Hotaling said
miscommunications between police and the Public Works Department caused
many of the record-keeping problems and that the relationship has
improved.
Cmdr. Robinson
indicated he agrees.
"I think over the
past six to eight months there's been a very, very positive change in
their assistance in these areas," he said. (Jonathan York - The
Washington Times)
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Towing Sign Laws Create Confusion
July 2, 2003 |
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TEXAS
-- Larry Snodgrass was arrested for allegedly illegally towing cars. But
he says officials singled him out and tow truck companies all over the
city are breaking the law.
"Here in Lubbock,
we have a major problem with towing services not even wanting to abide
by the laws," says Snodgrass. "The City of Lubbock doesn't
want to enforce anything, but yet I received over $1,000 dollars in
violation last year for violations of sign ordinance."
According to the Texas
Department of Transportation, signs should be nine feet from the curb
and and 60 inches off of the ground.
"On the towing
signs ... I believe there are some rules on where they can be
placed," says Tom Copeland, of the Texas Department of
Transportation.
CBS 13 went to TX-DOT
where even they had trouble locating the exact rules.
"I'm not familiar
with the rules, I'd have to read them," says Copeland.
City hall is even
unsure as to what the law says, and who is responsible. According to the
Texas State Motor Division, police should be enforcing the rules. The
bottom line: Chapter 6.84 of the Texas State Law book says the signs are
illegally placed.
Snodgrass says the law
should be enforced for all towing companies. "These wrecker
companies have to abide by the same rules and regulations as I do,"
he says. (Michelle Hayes - CBS 13)
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