Lets review in late August 2008 My truck was broken into and with other stuff my custom built(by me) RIA 1911 38 super was stolen. exactly 7 days later it was recovered. The police and a detective tried to get the gun back to me several times. The blocking factors were,
1. the youth that got caught with it rolled over on his other gang friends
2. several continuations searches court dates
3. the asst. commonwealth attorney hence forth called Mrs. S
The helping factors THE Commonwealth Attorney and his personal investigator and the arresting officer.
So here goes the rest of the story
7 days plus 3 months after the gun was recovered, the youth went to juvenile court. I never testified and the results were not public but I was told by that prosecutor an agreement was reached and he would look into photo evidence for my gun and he would get it back to me in a few weeks. Well he left his job and that never happened.
6 months later there were 4 arrests in connection to my gun. It was all the local faction of "the bloods" 4 arraignments later and another year and 3 months court dates were set. Court cases were heard appeals were heard for the first two criminals. All through this Mrs S kept saying I will get you your property soon maybe in another 2 months. Since the court is a few blocks up the road and she frequently did not return my calls I started going there every morning I could and sat at her door. The last case was heard in mid June 2010 as a result the last 2 bad guys were going to get heard together. on a last minute deal the one rolled over on the other and he was found guilty. I was told that was it I could have it back after their appeals if they filed.
In Va you get 30 days to file appeal from the sentencing. Mrs S insisted it was 45 days and I thought after a year and a half what’s another 2 months. Then she continued sentencing 2 times making it out to November 2010. I asked her several times about when I could get my stuff back. Again 45 days was mentioned. At 30 days I looked online for any sign of appeal none was found. So I called her on day 32 she said it had not been 45 days and I needed to wait. On day 45 I called no answer I left a message. I called every business day for 8 days no no answer. I then called THE Commonwealth Attorney and told him all that happened he assured me I would get called that day. Well 3 days later she called me so we are now at day 56 after sentencing Mrs S said she needed another 2 weeks to verify no appeals were filed. On the 14th day I called again I went to her office I did this every day for 2 weeks to no results. So now its 84 days after sentencing. I called THE Commonwealth Attorney he was not happy at all he said his personal investigator was going to call me in 10 minutes. Well it was more like 3 minutes. I was on the conference call with THE Commonwealth Attorney and his investigator for 1 hour explaining the whole thing. They were very upset angry and embarrassed as it turns out they never needed my gun as photo evidence was all that was ever necessary. They both seemed very genuine in their concerns and I was assured Mrs S would be dealt with on a very sever basis.
5 days later after doing paper work and release forms I got my 1911 back.
my gun was gone for 2 years and 8 months.
Aside from an apology I got nothing no restitution for damage on the gun. Not as a direct result of my case but due to several things Mrs S is no longer employed by THE Commonwealth Attorneys Office.
I have learned many lessons, 1 I will never again leave my gun in a car. Concealed means concealed if I do my part no matter where I am no one needs to know what I have.....so I avoid places I can not have it or well figure the alternative out for yourself.
I know this has been long but if just 1 person reads this and says "I dont think my gun will stay in my car today" I think its been worth the space.
1. the youth that got caught with it rolled over on his other gang friends
2. several continuations searches court dates
3. the asst. commonwealth attorney hence forth called Mrs. S
The helping factors THE Commonwealth Attorney and his personal investigator and the arresting officer.
So here goes the rest of the story
7 days plus 3 months after the gun was recovered, the youth went to juvenile court. I never testified and the results were not public but I was told by that prosecutor an agreement was reached and he would look into photo evidence for my gun and he would get it back to me in a few weeks. Well he left his job and that never happened.
6 months later there were 4 arrests in connection to my gun. It was all the local faction of "the bloods" 4 arraignments later and another year and 3 months court dates were set. Court cases were heard appeals were heard for the first two criminals. All through this Mrs S kept saying I will get you your property soon maybe in another 2 months. Since the court is a few blocks up the road and she frequently did not return my calls I started going there every morning I could and sat at her door. The last case was heard in mid June 2010 as a result the last 2 bad guys were going to get heard together. on a last minute deal the one rolled over on the other and he was found guilty. I was told that was it I could have it back after their appeals if they filed.
In Va you get 30 days to file appeal from the sentencing. Mrs S insisted it was 45 days and I thought after a year and a half what’s another 2 months. Then she continued sentencing 2 times making it out to November 2010. I asked her several times about when I could get my stuff back. Again 45 days was mentioned. At 30 days I looked online for any sign of appeal none was found. So I called her on day 32 she said it had not been 45 days and I needed to wait. On day 45 I called no answer I left a message. I called every business day for 8 days no no answer. I then called THE Commonwealth Attorney and told him all that happened he assured me I would get called that day. Well 3 days later she called me so we are now at day 56 after sentencing Mrs S said she needed another 2 weeks to verify no appeals were filed. On the 14th day I called again I went to her office I did this every day for 2 weeks to no results. So now its 84 days after sentencing. I called THE Commonwealth Attorney he was not happy at all he said his personal investigator was going to call me in 10 minutes. Well it was more like 3 minutes. I was on the conference call with THE Commonwealth Attorney and his investigator for 1 hour explaining the whole thing. They were very upset angry and embarrassed as it turns out they never needed my gun as photo evidence was all that was ever necessary. They both seemed very genuine in their concerns and I was assured Mrs S would be dealt with on a very sever basis.
5 days later after doing paper work and release forms I got my 1911 back.
my gun was gone for 2 years and 8 months.
Aside from an apology I got nothing no restitution for damage on the gun. Not as a direct result of my case but due to several things Mrs S is no longer employed by THE Commonwealth Attorneys Office.
I have learned many lessons, 1 I will never again leave my gun in a car. Concealed means concealed if I do my part no matter where I am no one needs to know what I have.....so I avoid places I can not have it or well figure the alternative out for yourself.
I know this has been long but if just 1 person reads this and says "I dont think my gun will stay in my car today" I think its been worth the space.
![032301_0908[00].jpg](/data/attachments/100/100506-2bcbffdf72a06a1f3656bf5edf725818.jpg)
