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  1. #1
    BEB is offline Banned
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    Arrested, cleared, and all set to sue

    It says his ID was used 9 days after he left his wallet. One would assume he would have records canceling his credit cards even if he hadn't reported the wallet stolen. Though it doesn't say.

    Arrested, cleared, and all set to sue

    Tallie Gainer III was charged last year with check fraud after a botched investigation. Five months later, he was exonerated by a fingerprint that had been in the case file since the beginning. Now he plans to sue for wrongful arrest.

    Gainer, a 29-year-old Tampa resident, filed a notice of intent to sue this week with the Pasco County Sheriff's Office and the Pinellas-Pasco State Attorney's Office.

    His attorney, John Trevena, said he hopes for a judgment - perhaps in the millions - that will send authorities a message: "This type of incompetence, this type of gross negligence, will not be tolerated."

    Last Aug. 1, Gainer was eating dinner with his children at the Denny's on E Hillsborough Avenue when he left his wallet, which contained credit cards and his driver's license, at the cash register. Someone stole it.

    Nine days later, a man brought the ID to a bank in Port Richey and, posing as Gainer, tried to pass a fraudulent check.

    Before he fled the bank, the con man left a well-defined fingerprint on the front of the check. But because of a series of investigative miscues, no one compared the print to Gainer's until late in April, more than five months after his arrest.

    By then the ordeal had cost him perhaps $60,000 and the chance to bid for a Jackson Heights coin laundry that he hoped would become a family business.

    The notice of intent to sue triggers a six-month time window in which the authorities can decide whether or not to offer a settlement. It was unclear Friday how they would respond.

    Kevin Doll, a spokesman for Sheriff Bob White, said the agency would have no comment.

    But Doll did address another document filed by Gainer's lawyer this week: a request for administrative expunction - or the purging of Gainer's arrest record. Before last November, his record was clean. Doll said the agency filed the paperwork weeks ago, just after Gainer's story appeared on the front page of the St. Petersburg Times, and now the wheels are in motion.

    "Although the arrest, on its surface, was a good arrest, " Doll said, "we did arrest the wrong person."

  2. #2
    Sapper_132's Avatar
    Sapper_132 is offline Master Turd Cutter
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    Just because your sign off after you're shift is done, doesn't mean that it's over and put blinders on. You're a cop 24/7 wether you like it or not. If thats something you can't handle, you should find a new line of work!

  3. #3
    jmur5074's Avatar
    jmur5074 is offline Moderator
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    Quote Originally Posted by BEB View Post
    Although the arrest, on its surface, was a good arrest, " Doll said, "we did arrest the wrong person."

    Well....then it wasn't a good arrest was it?
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.



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