Claim for car filed by homeless Escondido man rejected
By: SARAH WILKINS - Staff Writer | ∞
ESCONDIDO ---- The city attorney's office has rejected a claim filed by a homeless Escondido man whose live-in van was impounded after an arrest in May and remained held even though drug charges against him were dismissed.
Assistant City Attorney Mark Waggoner declined to comment on why the claim was rejected, saying that the office does not comment on claims.
The city's response, sent to car owner Dashin Ansley on July 6, says only that the claim was "rejected by operation of law," which typically means that the action was automatically rejected because 45 days had lapsed since it was filed, Waggoner said.
In Ansley's case, only 25 days had passed since the claim was filed June 11, but because the decision to reject the claim had already been made, the city did not need to wait 45 days to inform him, the attorney said.
"The notice can be sent ahead if the claimant wants a quick answer," Waggoner said. Ansley had written on the claim that the case was time sensitive.
A claimant has six months from the day the claim was rejected to file a lawsuit. Ansley said he is seeking legal counsel to contest the decision and his arrest.
Ansley, an occasional day laborer, filed the claim after he was arrested May 22 by officers who said they suspected him of dealing drugs in an Escondido parking lot and confiscated a substance that they said tested positive for drugs in initial tests.
Ansley was released from jail after 16 days when the confiscated substance ---- which police said appeared to be methamphetamine --- did not test positive for the drug in later tests, authorities said.
Meanwhile, the van, a 1988 Dodge Ram model that Ansley said contains everything he owns, was impounded in Escondido and stored for $25 a day.
The fee reached $1,240 this week, said Mac Rebmann, general manager of El Norte Towing.
Ansley said that since losing the van, which he called "a sense of security" and his "only hope of financial gain," he has turned to panhandling and living on the streets. He said the recent theft of some of his belongings, including clothing and a laptop, has further set him back.
Contact staff writer Sarah Wilkins at (760) 740-3524 or swilkins@nctimes.com.
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Jack wrote on Jul 28, 2007 3:58 AM:Would some wealthy philanthropist plese step forward and at least loan this man the money? Then would an attorney step up and take the case? Seems to me to be a slam dunk constitutional case of unlawful seizure. The more the bill runs up the more the City will eventually lose an the more the owner of Del Norte Towing will make. He's the only winner in all of this. This man's actual crime? Homelessness and the police were simply trying to harrass him to move on. Of course how can he without his car? We all know cops are liars now we know that they also aren't very smart.
Concerned Mother wrote on Jul 28, 2007 9:00 AM:In response to Jack's comments: why don't you make the calls to help the homeless guy since you have such bright ideas the guy. But, as for your negative comments about the police, you've got no business judging their character or how smart they are. The cops I know are not liars and they are very smart. They are doing their very best every day responding to the calls of Escondido Citizens. Some person must have called the dispatch and reported suspicious activity and the police responded appropriately. The police have a job of keepng us safe and keeping themselves safe so that they can return home to their families everyday. The police in this town get all praise and prayers from this concerned mother. Keep up the good work and thank you for always reponding to the calls when Escondido citizens report suspicious activity i.e. gang graffiti, criminal/drug activity etc. God Bless you for your willingness to defend our community.
Lori wrote on Jul 28, 2007 9:19 AM:If I had any extra money I would give him some if I could. I second Jack. It seems like this guy was really trying to figure things out when he was dealt a bad hand. Hmmm, a homeless man with no drugs in his vehicle or on him? We can't judge all homeless people. Lord knows if it wasn't for my parents after a nasty divorce, my three children and I would have been on the streets. Thanks to a helping hand I know have a good job, a low rent safe home, and a good vehicle to start over with. Please, someone help this man out, he obviously cares enough, why can't somebody else?
To Jack wrote on Jul 28, 2007 9:42 AM:You don't sound too smart yourself defending this guy's actions. I would venture to say you are also an "urban outdoorsman" along with Ansley. Why don't you do something more constructive with your time on the free computer at the library. Jack, go get a job yourself and quit bleeding the system and contribute to society in a positive way.
George wrote on Jul 28, 2007 10:00 AM:To Jack. It seems that you know all about what happened without being there. Great Monday morning quarterbacking!! It seems from your post that you know all about the law, so why don't you represent him?
to Jack and to the chief wrote on Jul 28, 2007 12:00 PM:Mostly I'm always on the side of the cops, but little by little I'm loosing faith on them; and yes they're are professional liars, is part of their job to say anything to try to get the suspect. is why be careful and make sure that you plea the 5th anytime you get detain by them. I work with a lot of kids helping them in different areas and I always tell them not to talk with the officers if they are detain, always ask for a lawyer. is sad that some of the people that this community fear are our police officers, most of them are great but lately here in Escondido, you can see more and more bad apples. is true that a bad apple will spoil the rest and is happening in Escondido.I hope the chief reads this and start cutting loose all those roge cops. Mr Ansley has to talk with lawyers from the ACLU because there's an ongoing case about illegal inpounding here in Escondido,they will love to hear from him.God bless you my dear friends.
Encinitan wrote on Jul 28, 2007 12:02 PM:Come on City of Escondido, give the guy a break. Sometimes the "rules" need to be adjusted for the good of the people. You seem to have forgotten that you serve the citizens, not the other way around...
to Jack wrote on Jul 28, 2007 1:33 PM:You must be a criminal yourself???Because cop bashers are usually law breakers. :) I know alot of the police officers on the EPD and they are outstanding and very professional, and educated people. (Probably way more educated than yourself) So - if you feel sorry for this loser, then invite him into your home!!!
Wow wrote on Jul 28, 2007 1:52 PM:I am married to a police officer and they are NOT liars. They come into contact every day with people who will lie, fights and do what ever it takes to avoid being put back into jail. Why don't the so called cop bashers, cop haters, anti cop anything try doing thier job for a week before getting onto a blg and ranting about them. Do I think this mans issues need to be re-address, yes I do. However, it is the city attorney stopping all this not the police. If attorney's were held accountable for thier actions, cops jobs would be a lot easier.
The Officers of the... wrote on Jul 28, 2007 3:59 PM:Escondido Police Department are among California's Finest Citizens. These Officers are IN NO WAY Stupid! Ever heard of Vagrancy Laws? If some of Y'all (Including Jack) want to Help Ansley out, invite Him to LIVE IN YOUR HOME! Meanwhile, Officers of the Escondido Police Department are Welcome in My Vista Home ANYTIME! I've dealt with EPD on several occassions. They are Smart, Educated, Polite and with Unimpeachable Veracity. Y'all let Ansley around Your Children and I'll let EPD around Mine. Fair Enough?!
Have we all lost our minds? wrote on Jul 28, 2007 7:38 PM:Who of you want this guy parking his van in front of your house? ...this city needs to be cleaned UP by any means necessary..good job ESCO PD! Thank you!
Wow! wrote on Jul 29, 2007 1:44 PM:All the hate and prejudice express here by both "sides" is scary. All cops liars? "this city needs to be cleaned UP by any means necessary"? OH MY GOD! Break out the automatic weapons and converge on Grape Day Park! On the surface, it looks like a guy that's struggling to make it got a bad break. Doesn't look like the cops did anything wrong other than make a human mistake. There needs to be a provision made for people who are falsely accused though. They shouldn't be liable for impound fees.
Mr. Ansley wrote on Aug 2, 2007 9:44 PM:I'll be the first to agree that all cops are not bad. I know a few that are really good. But if you think there's no such thing as a bad cop, you're seriously mistaken! If you rub one of these cops the wrong way, don't think he won't he won't use his resources to back at you or to cover what he does to you. I know from experience. I'm a law-abiding, college-educated christian who's never used or sold drugs in my life, but I rubbed one the wrong way when I refused to be harassed and stood up for my constitutional and civil rights. Was that a crime? I'm a contractor by trade, and the revenhge was to take away my van and my tools. Yeah, it's me surprised?
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