Abner's Case — Theft & Mischief — Investigation

Client:   Abner B.
Complainant:   City of Eldorado
Potential Charges:   theft; mischief

Background:   Abner was riled at the City of Eldorado. They had hired him to install an irrigation system, but now they refused to pay. The dispute had lasted several weeks. Abner’s frustration hit the boiling point. He drove to Eldorado to take back his irrigation system. He ripped from the ground most of his system. The next day city officials were livid. They called the police. They reported that Abner has stolen their property and, in doing so, had damaged the landscaping. They also told Abner that they had called the police. Abner was now worried about being charged with theft and/or mischief. He called me for help.

Goals:   The goal was to ensure that Abner wasn’t charged criminally. This could be avoided if I could convince the police that the dispute was a civil matter involving a contractual dispute, not a criminal wrongdoing.

Strategy:   My first priority was to set up communication with city officials without the frustration and animosity that had dominated discussions up to that point. Nothing could be gained by further aggravating the various persons involved. I telephoned city officials and acknowledged their concerns, but I also explained that, under the terms of the contract, Abner believed that he had the right to remove his irrigation system. They didn’t agree, of course, but they acknowledged our position. I then contacted the police. I faxed them a copy of Abner’s contract with the Eldorado. I pointed out that the contract provided that the irrigation system remained Abner’s property until it was paid in full and that Abner had the right to take back the system if not paid in full. I argued that a certain amount of damage to the landscaping was a necessary part of taking back his system, and that there was no excessive damage.

Results:   The police ultimately agreed that the dispute was civil, not criminal. It was really about the interpretation of the contract between Abner and the Eldorado. Did it transfer ownership of the property or not? Did it entitle Abner to enter upon city property to take back his system? Framed in this way, the issues are not criminal. Since the damage to the landscaping was no more than necessary to remove the irrigation system, there was no criminal "mischief." Abner was never charged.