Man Arrested for Accepting a Good Deal at Car Deal

[69LM1]

Whats up with these dealerships?

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Dealership Accidentally Sells Va. Man an SUV for $5K Less Than it Costs — Then Tells Police He Stole it and Has Him Arrested</div></div>

http://www.theblaze.com/stories/dealersh...s-him-arrested/ (http://www.theblaze.com/stories/dealership-accidentally-sells-va-man-an-suv-for-5k-less-than-it-costs-then-tells-police-he-stole-it-and-has-him-arrested/)

Wow.... At least they seem apologetic unlike the previous thread about Best Chevy

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">A Virginia man is suing a Chevrolet dealership after it accidentally sold him a car for $5,600 less than it cost — and then accused him of stealing it and had him arrested, the Virginian-Pilot reported.

According to the lawsuit, Danny Sawyer, 40, purchased a black Chevrolet Traverse from Priority Chevrolet in May but returned the next morning to exchange it for a blue one. A sales manager agreed to the trade but did not say how much more the blue SUV would cost — something the dealership disputes. Still, Sawyer signed a new contract with a sales price of about $34,000 when it should have been around $39,000.

One week later, Sawyer returned home to dozens of voice messages and a letter from the dealership. The sales manager said he made a mistake and sold the car for too little, and asked Sawyer to return and sign a new, correct contract. According to the lawsuit, Sawyer refused. When he didn’t return, the dealership continued to try to contact him before finally going to the police to report the SUV had been stolen. On June 15, three police officers arrested Sawyer in front of his Chesapeake, Va. home. He was released on bond after spending four hours in jail.

Priority Chevrolet President Dennis Ellmer apologized Wednesday for Sawyer’s arrest and said the dealership “definitely made a mistake” — first with the incorrect contract and then in going to the police.

“I owe Mr. Sawyer a big apology,” Ellmer told the Virginian-Pilot. “It is my plan to let him keep the $5,600 and to make Mr. Sawyer right. I can’t tell you how I plan to fix it, but it is my intention to make it right.”

Rebecca Colaw, Sawyer’s attorney, told the newspaper her client appreciates Ellmer taking responsibility but said “an apology is not enough.”
</div></div>

RichPern

[StealthBird]

<span style="font-weight: bold">Sawyer has filed two lawsuits accusing the dealership of malicious prosecution, slander and defamation, among others, and is seeking $2.2 million in damages, plus attorney fees.</span>

That was REALLY stupid of the dealership to have the guy arrested. While the amount the man is seeking in his lawsuit is ridiculous, a lawsuit is justified. Imagine having the police knock on your door, handcuff you, and haul you away, right in front of your family and friends, and perhaps your children, and your only crime was that someone at a car dealership is an incompetent boob that filled out the wrong paperwork.

[Fast67VelleN2O]

Why did the police arrest him at all if he had all of the paperwork to back up his story? I don't see a justified arrest if he did nothing wrong!

[firstgenaddict]

What a Public Relations disaster...

[njsteve]

That amount he is suing for is not that crazy given the damage to his reputation by someone lieing to the police to get an arrest warrant issued. He was arrested, he will have a criminal record which no matter how hard he tries, will never be fully expunged and his reputation has been damaged forever. There's an old saying: &quot;You can't unring a bell&quot;. He has a helluva good case here.

I do see some charges against the dealership personnel in the near future for falsely swearing out a complaint against him, too.

As for why he was arrested when he had proof of his innocence? Unfortunately, that is not for the police to decide when they are issued a valid arrest warrant by a prosecutor. They do not have the discretion to decide whether to take someone into custody when they have the arrest warrant in hand. That is for the court to decide later.

[SuperNovaSS]

Definitely an unfortunate situation. It sounds like the guy who bought the car may have taken advantage of the sitation. I think he bought a car and brought it home one day. The next day, he decided he wanted a blue one instead. The dealer was nice enough to unwind the deal and put him in the blue car and made a mistake on the paperwork. He took advantage of that situation. That's not negotiation, its taking advantage of someone's mistake. He certainly should not have been arrested and the dealership should have taken the loss if the buyer told them tought luck.

Jason

[CROSSRAMJL8]

The dealership I work at made the same mistake a few years ago. We ate the loss not the customers fault we dont know how to write up parer work.

[Lynn]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Fast67VelleN2O</div><div class="ubbcode-body">Why did the police arrest him at all if he had all of the paperwork to back up his story? I don't see a justified arrest if he did nothing wrong! </div></div>

Bingo!!! Because the police don't always conduct a full &amp; fair investigation before arresting. How many times you heard the phrase &quot;rush to judgment&quot;?

I had a client arrested in 1990 for attempted murder of his estranged wife. He spent a week in jail without bond before they figured out the crazy lady shot herself in the chest with a shotgun, called the police and reported that he had just shot her!!!

I think there may also be some civil culpability on the police, depending on how well they checked this out. A week after the fact? How hard would this have been to check out? Totally inept.

[69LM1]

What I don't understand is why in all of these cases GM does not step in and make their dealers &quot;fix&quot; the problem? In any other franchise situation there would be quick action by the company to protect the brand equity.

GM seems to just put it off as a &quot;dealer issue&quot;?

RichPern

[EZ Nova]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body">That amount he is suing for is not that crazy given the damage to his reputation by someone lieing to the police to get an arrest warrant issued. He was arrested, he will have a criminal record which no matter how hard he tries, will never be fully expunged and his reputation has been damaged forever. There's an old saying: &quot;You can't unring a bell&quot;. He has a helluva good case here.

I do see some charges against the dealership personnel in the near future for falsely swearing out a complaint against him, too.

As for why he was arrested when he had proof of his innocence? Unfortunately, that is not for the police to decide when they are issued a valid arrest warrant by a prosecutor. They do not have the discretion to decide whether to take someone into custody when they have the arrest warrant in hand. That is for the court to decide later.
</div></div>

I do not see the customer having a &quot;criminal record&quot; with only being arrested? Once the charges has been dropped, or with drawn, there is no record of it here in Ontario Canada. Been though this. YES his reputation has been damaged but I do not think he'll have a record for a withdrawn arrest.

[njsteve]

It's different down here. The arrest record will always be there.

[firstgenaddict]

As for why he was arrested when he had proof of his innocence? Unfortunately, that is not for the police to decide when they are issued a valid arrest warrant by a prosecutor. They do not have the discretion to decide whether to take someone into custody when they have the arrest warrant in hand. That is for the court to decide later.


I would like to read the actual signed written statements made by the employees and used by the prosecutor/grandjury when issuing the arrest warrant.

Perjury is a serious charge... especially when it leads to a false arrest.

[njsteve]

You are absolutely right. Those false statements under oath are going to bite them on the ass. Big time. They will be great evidence in the civil case (the money lawsuit).

[69LM1]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: EZ Nova</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body">That amount he is suing for is not that crazy given the damage to his reputation by someone lieing to the police to get an arrest warrant issued. He was arrested, he will have a criminal record which no matter how hard he tries, will never be fully expunged and his reputation has been damaged forever. There's an old saying: &quot;You can't unring a bell&quot;. He has a helluva good case here.

I do see some charges against the dealership personnel in the near future for falsely swearing out a complaint against him, too.

As for why he was arrested when he had proof of his innocence? Unfortunately, that is not for the police to decide when they are issued a valid arrest warrant by a prosecutor. They do not have the discretion to decide whether to take someone into custody when they have the arrest warrant in hand. That is for the court to decide later.
</div></div>

I do not see the customer having a &quot;criminal record&quot; with only being arrested? Once the charges has been dropped, or with drawn, there is no record of it here in Ontario Canada. Been though this. YES his reputation has been damaged but I do not think he'll have a record for a withdrawn arrest. </div></div>


<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body">It's different down here. The arrest record will always be there. </div></div>

Correct, here in the USA he will always have an 'arrest' on his record. It may not be a conviction, but it will follow him even with an expungement (sp).

RichP

[Jack_Tar]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 69LM1</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: EZ Nova</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body">That amount he is suing for is not that crazy given the damage to his reputation by someone lieing to the police to get an arrest warrant issued. He was arrested, he will have a criminal record which no matter how hard he tries, will never be fully expunged and his reputation has been damaged forever. There's an old saying: &quot;You can't unring a bell&quot;. He has a helluva good case here.

I do see some charges against the dealership personnel in the near future for falsely swearing out a complaint against him, too.

As for why he was arrested when he had proof of his innocence? Unfortunately, that is not for the police to decide when they are issued a valid arrest warrant by a prosecutor. They do not have the discretion to decide whether to take someone into custody when they have the arrest warrant in hand. That is for the court to decide later.
</div></div>

I do not see the customer having a &quot;criminal record&quot; with only being arrested? Once the charges has been dropped, or with drawn, there is no record of it here in Ontario Canada. Been though this. YES his reputation has been damaged but I do not think he'll have a record for a withdrawn arrest. </div></div>


<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body">It's different down here. The arrest record will always be there. </div></div>

Correct, here in the USA he will always have an 'arrest' on his record. It may not be a conviction, but it will follow him even with an expungement (sp).

RichP </div></div>

Yes and when you have a background check when ,say adopting a child, that false arrest WILL seriously impact if not derail an adoption. I have had three back ground checks done for just that reason and the question is &quot;Have you ever been arrested?&quot; It doesn't matter what you answer, they are going to check it anyway. If you answer &quot;Yes, grand Theft Auto&quot; your adoption has come to an end. Try explaining that one away to everyone involved and in several languages.