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View Full Version : What would you do in a situation like this?



Artful
01-08-2015, 08:26 PM
Go to the Link and see the Video

http://www.azcentral.com/story/news/local/pinal/2014/12/24/police-siege-leaves-innocent-man-wrecked-home/20870819/



A Casa Grande homeowner is left with an estimated $50,000 bill and many questions after his home was wrecked in a seven-hour standoff between authorities and a wanted man who took refuge in his residence.

James Derby, who has been displaced from his home, said he believes Casa Grande police and the Pinal County Regional SWAT Team greatly overreacted to the barricade situation that took place Dec. 17.


Derby was shopping when he received several calls from his friends and neighbors that his home, located near Center Avenue and 10th Street, was surrounded by police and SWAT vehicles. He rushed home only to be stopped at the end of the street, where he was told that authorities were in a standoff with Abram Ochoa, who had taken shelter in his home.


Shortly before 3 p.m., Ochoa, 31, had been running from officers who were responding to a possible domestic dispute at a home nearby, said Thomas Anderson, a spokesman for the Casa Grande Police Department.


Officers were familiar with Ochoa, who was wanted on a slew of outstanding warrants involving contempt of court and a felony drug charge. He had also been sought for questioning in connection with several retail thefts, said Anderson.


Ochoa refused numerous orders to exit the home on his own accord, said Anderson, prompting police to activate the SWAT team, who began shooting tear gas into the home.

Ochoa's surrender didn't come until about 10 p.m.


"We wanted a resolution much sooner, but the most important thing was that it ended peacefully and nobody got hurt," Anderson said.


He added that standard protocol was followed during the operation and that officers used common tactics in the standoff.


"For the safety of our officers, we took our time," Anderson said. "We don't want to rush into a home where the subject could be armed and could shoot one of our officers. In a perfect scenario, the matter would have been resolved in a timely manner and he would've come out immediately."

However, Derby is left with wondering who's going to pay for the damage left behind.


Derby said he counted nearly 30 concussion grenades strewn in his home. Broken glass from shattered windows litters the home, and the window frames are bent and need repair. For now, they have been boarded up.


The front yard fence is left in ruins from where the SWAT team used a battering vehicle to gain access to the home.


Inside, the walls are damaged from the grenades, which buckled the drywall, and the attic is falling apart due to compromised infrastructure, said Robert Atchen of REA Construction, a private contractor who was called to evaluate the damages.


Powdered chemical residue blankets the home, covering wrecked furniture, electronics, clothing and other exposed valuables.


"The whole place is contaminated, everything. I was shocked." Derby said. "You're dizzy. It's like getting hit in the head."


"It's just destroyed," Atchen said. "I would say that it would cost up to $50,000 to make repairs. But in my opinion, the home should be knocked over and they should start fresh."


"They need to start building me a new house. Let's not waste any time here," said Derby, who has given his insurance company Atchen's estimate. He said he has has started the claim process.

Larry Rains, Casa Grande deputy city manager, said the Derby's case is a first.


"In my time here, I don't recall a case where we had a suspect break into an innocent person's home," he said. "We certainly understand that is a circumstance where the homeowner finds himself in a truly unfortunate situation. But I've been told we have not been contacted by the homeowner, nor do we fully understand the extent of the damage in the terms of repair."


Joe Pyritz, Pinal County's communications director, said that he advises Derby to file a claim and let the process take its course.


"From the process perspective, it would be similar to any insurance exchange," he said. "The homeowner will make a notice claim with the county supervisors, and that claim will get forwarded to our insurance."

Pyritz said any county compensation would require another evaluation and that because the standoff included the Pinal County Regional SWAT Team, the insurance company would have to conduct an investigation to see whether those deputies were at fault for the damage.


"If I was in this situation, I would want to see who is at fault and try to get the process started immediately," he said.


Derby said the home, which he calls a family heirloom, can't be easily replaced.


"My grandmother's mom and dad homesteaded this property and farmed in Casa Grande in the early 1900s," he said. "I want somebody to stand up and say, 'We've made a mistake, we will fix it.' "

Here's another example from New York

https://www.youtube.com/watch?v=xglnLDi-yH4

There is now responsibility to pay for repair but will the organizations that do this sort of thing actually pay or will the community as a whole have to pay for irresponsible actions.

WILCO
01-08-2015, 08:35 PM
What would you do in a situation like this?


I'd hire an Attorney. Go from there.

pworley1
01-08-2015, 08:59 PM
I would give the agencies involved a chance to make it right and then let my lawyer take over if need be.

leeggen
01-08-2015, 09:18 PM
Seems the officer is trying to paas the buck, no swat is respncible for the damages but rest assured the ins. co. will have to investigate to decide. mean while I think the co. and swat will argue over that and the commisioners will meet and discuss then postpone the answer until further investigation is done and so on and so on and so on til the guy drops the case.
CD

RED333
01-08-2015, 09:28 PM
I'd hire an Attorney. Go from there.
and go after the bad guy.

Bzcraig
01-08-2015, 09:34 PM
Everything reasonable first, and failing that, start with the unreasonable list.

jmort
01-08-2015, 09:40 PM
File and claim and sue. Jury might find that damage was unnecessary, assuming there is no governmental immunity which would stop the case from going forward.

Charley
01-08-2015, 10:25 PM
Insurance will cover it, depending on the homeowner's contract. Not a riot or insurrection, I'm guessing it should. Don't go with "Z" rated company...check AMBEST for the rating.

MaryB
01-08-2015, 10:49 PM
Insurance will pay then they will sue the city to recover the damages. If not sue the insurance company but either way it is going to be time consuming and ruined that guys life.

Ickisrulz
01-08-2015, 10:56 PM
I would file a claim with my insurance and let them deal with getting money from the county.

country gent
01-08-2015, 11:10 PM
I would contact insurance then do what I could to make it useable and save the recipts. Talk to an attorney and go from there. Talk to contractors and get estimates so that intellegent arguments can be made as to damage and whats needed to repair to original. With out the above you are just wasting time. Getting what appears to be a door and window repaired so others cant come and go at will is first. After the last tornado here I seen "sight seeres get out of thier cars and grab things for souvineers ( other people possesions that were out in the yards or fields fromhomes that were destroyed). getting it closed up for security and then working cooly and calmly with the right people is paramount.

Bad Water Bill
01-09-2015, 07:08 AM
Is the structure still sound enough to try reconstruction?

Some times those big BOYS just gotta have fun particularly if they do not have to pay for the damages they caused.

trapper9260
01-09-2015, 07:51 AM
I would contact insurance then do what I could to make it useable and save the recipts. Talk to an attorney and go from there. Talk to contractors and get estimates so that intellegent arguments can be made as to damage and whats needed to repair to original. With out the above you are just wasting time. Getting what appears to be a door and window repaired so others cant come and go at will is first. After the last tornado here I seen "sight seeres get out of thier cars and grab things for souvineers ( other people possesions that were out in the yards or fields fromhomes that were destroyed). getting it closed up for security and then working cooly and calmly with the right people is paramount.
I would do the same also file and then contact and go from there

MtGun44
01-09-2015, 06:26 PM
Call the insurance company. They will be suing the city posthaste.

Bill

paul h
01-09-2015, 07:40 PM
File with the insurance company, have their lawyers go after the city.

After the house is fixed up, sell it and move into a neighborhood where people with a slew of warrants aren't as likely to be breaking into your house.

Bad Water Bill
01-09-2015, 10:42 PM
10-15 years ago an older man was running a junk yard in unincorporated Crook co Il.

The business had been there for many years and and NEW neighbors did not approve of him or the junk yard.

One mourning someone showed up and GAVE him 3 sticks of dynamite.

Within a couple of hours the ATFE kiddies showed up in mass demanding ALL of his explosives.

He handed them the 3 sticks and then the highly trained wrecking crew from the ATFE went to work looking for anything else.

When they were finished the county building inspector showed up and declared the building uninhabitable and must be torn down immediately.

Shortly after that the EPA declared the property a hazardous waste area and must be cleaned up at his expense.

No the insurance co would not lift a finger because he should have known better than even allow dynamite on the property.

I have no idea what happened to the now destitute man as I know he must have stepped on someone with very big friends toes so I never went within 10 miles of his yard again.

"WE ARE FROM THE GOV AND HERE TO HELP" sound familiar?