STOLEN BOAT - <now found>

[OCMD]

The scumbag's been working the system in Delaware and MD for years and not spending much time in a cage where he belongs . In MD, he has too many traffic citationd to list. I would be surprised if he even has a valid driver's license; then again this is the People's Republic of Maryland. I guess that's why his preferred mode of transportation is boat. But great news, a warrant was issued for his arrest yesterday. Felony theft over 100K and a few misdemeanors including destruction of property. Unfortuately, about half of the judges will let him walk, but there are 3 or 4 hanging judges on this bench. This means it is a crap shoot if will do any time. His public defender (his preferred choice of defense atty) will damn sure play the game to judge shop. Hopefully the prosecutor holds strong and doesn't plead this down to a misdemeanor. Our forum victim needs to stay on top of this so it does not get dealt away to a misdemeanor. Of course, the cretin lives in Delaware so I wish them good luck getting him served with the warrant. He will definitely be on the run.

 

[HangOutdoors]

Meh.... These are different times.... Can never tell what is going to happen Probably Get a Hug, Counseling, Probation $20 month restitution and the will run and get elected for Office somewhere in a few years.

 

[Water Girl]

So glad you got it back, but ugh this made me sick to my stomach. I hope that POS gets what he deserves.

 

[Dixie Highway]

Wow, just finished reading this saga. Glad to hear the boat was recovered and hope justice is served to the thief! Of course, while I wouldn't want anyone to have to deal with that piece of trash in MD or anywhere else, there's always the thought that it might try to commit a similar crime in one of my favorite states - Texas - where it likely would be dealt with appropriately and at minimal monetary cost.

From the Texas statues link above:
--------------------------------------
SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

God bless Texas. I’d give anything to be able to live there.

 

[dnicholas47]

Our forum victim needs to stay on top of this so it does not get dealt away to a misdemeanor.

This. Especially now when cases are being moved because of COVID. Victims usually get sick of the case, sick of coming to court, and just give up at how jacked the system is. The few who hang in and are the squeaky wheel usually have their perseverance rewarded - at least in the counties I practice in here in Ohio.

 

[Canuckjetboater]

@AnnapolisCatt .....not my business to give you advice - but a friend owns two insurance brokerages. In similar conversations he has said if the owner is very firm the company will write-off a unit even if the decision is borderline. As well, if the owner has multiple lines of insurance (house, car, second house, airplane) and/or is a long time customer the insurance company is much more inclined to want to satisfy the customer. I do not want to cause you stress as you have obviously suffered enough with this but I would push, very very hard for a write-off. Only after giving it all I had would I settle for - as a minimum - two factory new engines and drives. You have supercharged engines, I bet they were "wound-up" repeatedly.....replace some parts - NO way!!!!! Just my two cents FWIW.

 

[HangOutdoors]

I agree, push for the write off. The boat was virtually new when this all happened. A repaired boat will never be the same. The bitch of it is that you had absolutely nothing to do with any of this. Also some day you will want to sell it maybe and there is no getting away from what had happened. There is going to be a DATELINE special on this guy sooner or later......

FWIW, I would hold and snag a 2021 and start again. You could rent a boat for the rest of the summer to get out on the water, could be an option.

 

[Canuckjetboater]

I agree, push for the write off. The boat was virtually new when this all happened. A repaired boat will never be the same. The bitch of it is that you had absolutely nothing to do with any of this. Also some day you will want to sell it maybe and there is no getting away from what had happened. There is going to be a DATELINE special on this guy sooner or later......

FWIW, I would hold and snag a 2021 and start again. You could rent a boat for the rest of the summer to get out on the water, could be an option.

@HangOutdoors .....100% and where I live I must declare this type of incident to any future purchaser and they could look it up if they were smart enough. The future value of this boat has been significantly harmed, IMO - write it off!!!

 

[OCMD]

Maryland is a diminished value state. You can insist on the difference between the value as repaired as valued not damaged and they can include that in the settlement. This way, you can make up for the diminished value the boat will have when you trade it in or sell in a few years. That is, if you choose to have the replairs made and not force your carrier to declare a total loss, which would be my preferred option.It is never going to be the same, IMO.

Example, just last week we resolved a property damage issue on a truck. A 2015 Silverado was wrecked and repaired.....basically good as new BUT it will show up in Carfax as a damaged vehicle, when she goes to sell or trade, which she tried to do. We had to fight, and my guy valued this "diminished value" at $4800 to $6500. We got the carrier to pay another 5700, and this was on a 2017 accident in which the repairs were made just under 3 years ago. (The client was pissed when she looked to trade it in, and realized how she was screwed.) She called, we handled, and got her the 5.7k just under the wire of the statute of limits. We settled the day before we would have been forced to file and I am shocked the carrier settled at the last hour. But we would have filed a small claims suit if forced. In any event, her "expert" charged her $350 for his opinion on the diminished value, so she got a good return on that investment.

Make 'em total it out! But if not, start screaming for diminished value. Your carrier certainly won't advise you of this.

 

[Diybrad]

I agree with the push to total but definitely do a diminished value claim if not. I bought a new to me 2011 Corvette Z06 and the day I took delivery someone backed into me. Visibly it didn’t do a lot of damage but cracked some carbon fiber and fiberglass, the damage totaled north of $8k. I hired a diminished value consultant for $400 he gave me a 5 page detailed report of damage, previous market value, new market value with a questioned history and what should be paid. His report valued between 5500-6000. Insurance cut me a check for 4500. Any further than that we would have gone to court. Definitely worth it.

Only caveat you may have, most insurance company’s have a clause where you can’t go after your own insurance company for Dim Value, and I assume in this case, it’s your insurance paying out. I have honesty never read the paperwork for me boat ins. I probably should.

 

[jjmparsons]

Not to pry....while prying of course, but would I be out of place to ask how this entire fiasco turned out @AnnapolisCatt ???

 

[suke]

Not to pry....while prying of course, but would I be out of place to ask how this entire fiasco turned out @AnnapolisCatt ???

After seeing a FB post of a 242xe stolen this thread popped into my head and was curious how this turned out. Was the boat ever fixed, totaled, etc? What was the outcome?

 

[Sonic Blue]

Lol. Yes “suke”. Since your post floated this thread to the top, I got to reading the whole thing for the first time...and now I’m craving a happy ending....it’s like I’m missing the last page of a book I couldn’t put down!

 

[captras]

So glad you got the boat back. In Texas, boat theft is like cattle theft...a hangin offense with no long drawn out trial.....hahahahah....I wish!!!! Anyway, sp very sorry you had go thru with all this! Good luck on getting some restitution, and hopefully the idiot will be in jail. But the way things are nowadays, it probably wont be for long!

 

[Beachcampin]

I went and looked at the court records and there has been no update since the arrest warrant was issued. Assume this means he hasn’t been arrested. You’d think millennials would be easy to find with their social media if someone really wanted to find them.

 

[I_squared_r]

I went and looked at the court records and there has been no update since the arrest warrant was issued. Assume this means he hasn’t been arrested. You’d think millennials would be easy to find with their social media if someone really wanted to find them.

If he was arrested in New York, they would hold him for a day and then set him free with a $100 starbucks gift card.

 

[Jtlacrozmaster]

Wow... what a story!!! Sorry to hear of this AnapolisCatt - hoping that you were able to get back out on the water or find a 2021 replacement. Best of luck!