Date of Offense
Statement
On or about August 11, 2022 an unauthorized wrecker service "Evans Recovery Specialist" from Texarkana comes to Fort Towson Oklahoma and pulls in Mary Barnes yard at 10:00 or 11:00 pm at night and attempts to steal her truck but before he leaves the yard he knocks on Mrs Barnes door and says "I've got your truck" ( asking for trouble) Knowing damn good and well once contact is made with the debitor it becomes a breach of peace especially after she told him to drop the truck and exit her yard after the so called wrecker driver refuses to provided any paperwork and cause severe damaged to Mrs Barnes property and truck According to a 10th circuit supreme court Once there's been a breach of peace the lenders loses the right to repossess on that day . Most circuits are in agreement "law: officers are not state actors during a private repossession if they act only to keep the peace, but they cross the line if they affirmatively intervene to aid the repossessor. The gravamen of Mary Barnes cause of action, contrary to the assertions of the dissent, is that the police interfered with her efforts to protect her property interests by aiding and by arresting Mrs. Barnes for Kidnapping and her nephew for obstruction --. It is not necessary for Mrs Barnes to demonstrate that Choctaw County Deputy Joshua Smith were co-conspirators as a matter of law. ---Iit is enough to show that the police participated, jointly or otherwise, to the extent that the alleged unlawful repossession assumed the character of state action. See, e.g., Booker v. City of Atlanta, 776 F.2d 272, 274 (11th Cir.1985) ( Greco v. Guss, 775 F.2d 161, 168 (7th Cir.1985) (the deputy's instruction to debtor that seizure was legal constitutes a state action); And now after a recent claim was filed by the unauthorized wrecker service against Mrs Barnes insurance company evidence will now show not only did the wrecker service cause property damage to her property on the night of the so-called repossession .--- it will also shows the Choctaw County Deputy aided an illegal wrecker service "Evans Recovery Specialist" who was not authorized to operate anywhere in the US according to the Federal Motor Carrier Safety Administration. Mary Barnes, 64, who had never been incarcerated before spent four days in the Choctaw County Jail with no bond and no medical attn but the question comes down to this will Choctaw County show any remorse for the mistakes their deputy made?
