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B&E + Theft?


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  • B&E + Theft?

    A family friend, I guess is what he was to me. My mom had a long relationship with a guy, and his son was considered almost family to us. He is like 27 or so, but very immature for his age. I'm 18 and we hang out sometimes, watch and play sports together, etc.

    Anyway, his gf kicked him out of the house, so we allowed him to sleep at our house until he could find another place. A month or so before, I had let him borrow my Playstation 2 because his was broken. He brought the PS2 back with him when he came to our house. After a few weeks, he moved in with his Aunt. My PS2 stayed here, but about a week later, I came home and my mom was complaining about some porkchops missing. Thought it was me I go into my room, and something doesn't fit in right. Come to find out, my PS2, all of my games (6 or 7), 2 CDs, and a couple DVDs were all gone.

    To keep the story from getting too long, we went to his Aunts house and they denied him even being there, despite me seeing him peak out the upstairs window. My uncle is a police officer in a different town so there wasn't much he could do. He came over and scared them a bit, threatening them with an embedding an investigation charge if they lied about him being there. He ended up magically appearing shortly after, and had my stuff. We called the county officers.

    He said that I told him I let him borrow the PS2, which was a lie. Then he changes his story and says that it was HIS ps2 and he has a receipt for it (which the officer didn't ask for because he didn't have it). That still doesn't explain the fact that he stole all of my other stuff as well.

    The other stuff was returned, but the officer allowed him to keep the PS2. He was not charged with anything, but he had a warrant out for his arrest (check deception) so he was taken in for that.

    I was just wondering why it wouldn't have been a Breaking & Entering charge, since no one was home and no one gave him permission to come inside. I was told that since he used to live there, it was okay for him to come in. But how can that be true? If you used to live with someone it doesnt make it alright to come in whenever you want. Also, since he not only took the PS2 which he claimed to be his, he took my CDs, DVDs, etc. which he agreed was mine and was returned.

    I appreciate everything officers do, but I was a little disappointed in that. My mom called and asked about it and they said there was nothing they could do. We would have to take him to small claims court. I had to go out and buy another PS2, which might not be alot of money to some, but it's alot for me to buy something, especially twice.

    Sorry for the long rant, I was just wanting some insight on why this would have happened.

  • #2
    did you file a burglary report for the stolen stuff?


    • #3
      Did he admit that he took the other stuff (The DVD's, games and such) without permission? Did he admit that he entered the house without permission?

      With his statement that you told him that he could borrow it, that leads to reasonable doubt that could get him off of the charge in court. It basically comes down to your word against his, and the Officers at the scene may have not been able to tell who was telling the truth, and therefore did not want to make a bad arrest.

      If he admitted that he entered the house without permission, I don't know why he wasn't charged. Maybe someone from Indiana can shed some light on it, maybe it's different from in Missouri. Here, he woulda been charged with something, IF the circumstances were exactly how you explained them. (Don't take offense to the IF)
      "He who controls others may be powerful, but he who has mastered himself is mightier still"

      -Lao Tzu

      "God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference."

      -Reinhold Niebuhr


      • #4
        The possible charges were criminal trespassing, residential entry, theft, or burglary.

        I do not know why he wasn


        • #5
          [QUOTE=Tennsix]The possible charges were criminal trespassing, residential entry, theft, or burglary.

          I do not know why he wasn


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