Fair Oaks DMV Security Treatment of Hunter45

thebigsd · Jul 19, 2011

I will start the discussion by saying the security guard's actions were totally uncalled for. There seems to be absolutely no reason for unstrapping the firearm. I hope this action was caught on videotape.

hunter45
Regular Member
Join Date
Dec 2008
Location
Centreville, Virginia, USA
Posts
836

"I was at Fair 0aks Mall with my mom tonight. We stopped by the DMV at 6:34pm but they closed at 6:30pm. I think the doors were locked, but as a customer came out my mom grabbed the door and we walked in. The security guard rushed over, grabbed his Glock, and un-buttoned the thumbstrap as if he was about to draw his firearm. I have no idea why he did this...I wasn't even carrying. I thought he was going to shoot me for a minute. So I guess the moral of the story is never go into the DMV after 6:30."

va_tazdad · Jul 19, 2011

But did he point his finger?

Can he be charged with Brandishing? His hand was on his gun in a threatening manner without cause.

Citizen · Jul 19, 2011

va_tazdad said:
Can he be charged with Brandishing? His hand was on his gun in a threatening manner without cause.

§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured...Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor...

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282

In VA's "hierchy" of offenses, a Class 1 misdemeanor is the highest misdemeanor; the next step up is felony.

peter nap · Jul 19, 2011

The devil is in the details!

What did you do?
Was it a Securiguard Guard?
Have you filed an FOIA?
Did you get his name?

Citizen · Jul 19, 2011

peter nap said:
The devil is in the details!

What did you do?
Was it a Securiguard Guard?
Have you filed an FOIA?
Did you get his name?

Re-read the incident report carefully. Nothing, but nothing that occurred justified brandishing as solution to a real or perceived attempt to enter after hours. Nothing.

This guard needs slapped down hard. If this was how he reacted to someone entering moments after closing, perhaps not realizing the doors had been locked since another customer was coming out at the same time they were walking in, imagine how else he might over-react in other situations.

The warrant needs to be sought immediately. Tuesday morning.

thebigsd · Jul 19, 2011

Citizen said:
Re-read the incident report carefully. Nothing, but nothing that occurred justified brandishing as solution to a real or perceived attempt to enter after hours. Nothing.

This guard needs slapped down hard. If this was how he reacted to someone entering moments after closing, perhaps not realizing the doors had been locked since another customer was coming out at the same time they were walking in, imagine how else he might over-react in other situations.

The warrant needs to be sought immediately. Tuesday morning.

Absolutely, I was especially concerned since hunter45 said he wasn't even armed. I think even if he had been, the situation still would have been unwarranted.

peter nap · Jul 19, 2011

Citizen said:
Re-read the incident report carefully. Nothing, but nothing that occurred justified brandishing as solution to a real or perceived attempt to enter after hours. Nothing.

This guard needs slapped down hard. If this was how he reacted to someone entering moments after closing, perhaps not realizing the doors had been locked since another customer was coming out at the same time they were walking in, imagine how else he might over-react in other situations.

The warrant needs to be sought immediately. Tuesday morning.

I did read it but unless he wants to chance a John Doe warrant, he needs to know who he was. The Security video would go a long way in getting a warrant that's going to be a hard sell anyway. Hunters reaction will be a big part of any case.

Grapeshot · Jul 19, 2011

Please, please follow through on this one !!!!!!!!

user · Jul 19, 2011

I'd suggest a civil suit for assault.
I'd also like to know whether the DMV has a contract with Securiguard for their offices.

HankT · Jul 19, 2011

thebigsd said:
I will start the discussion by saying the security guard's actions were totally uncalled for. There seems to be absolutely no reason for unstrapping the firearm. I hope this action was caught on videotape.

...

"I was at Fair 0aks Mall with my mom tonight. We stopped by the DMV at 6:34pm but they closed at 6:30pm. I think the doors were locked, but as a customer came out my mom grabbed the door and we walked in. The security guard rushed over, grabbed his Glock, and un-buttoned the thumbstrap as if he was about to draw his firearm. I have no idea why he did this...I wasn't even carrying. I thought he was going to shoot me for a minute. So I guess the moral of the story is never go into the DMV after 6:30."

What happened after the security guard "unbuttoned the thumbstrap?" How was the incident resolved?

Were words spoken?

There is something missing from hunter45's account.

One thing for sure - we know the guard's actions were not due to OC.

skidmark · Jul 19, 2011

user said:
I'd suggest a civil suit for assault.
I'd also like to know whether the DMV has a contract with Securiguard for their offices.

http://www.securiguardinc.com/clients.html

If it weren't for that, all those folks wearing the uniform and carrying the scary handguns would be loitering.

stay safe.

peter nap · Jul 19, 2011

HankT said:
What happened after the security guard "unbuttoned the thumbstrap?" How was the incident resolved?

Were words spoken?

There is something missing from hunter45's account.

One thing for sure - we know the guard's actions were not due to OC.

Hunter, I take back what I asked. Be quiet about this and be afraid. :uhoh:

RussP · Jul 19, 2011

thebigsd said:
I will start the discussion by saying the security guard's actions were totally uncalled for. There seems to be absolutely no reason for unstrapping the firearm. I hope this action was caught on videotape.

"I was at Fair 0aks Mall with my mom tonight. We stopped by the DMV at 6:34pm but they closed at 6:30pm. I think the doors were locked, but as a customer came out my mom grabbed the door and we walked in. The security guard rushed over, grabbed his Glock, and un-buttoned the thumbstrap as if he was about to draw his firearm. I have no idea why he did this...I wasn't even carrying. I thought he was going to shoot me for a minute. So I guess the moral of the story is never go into the DMV after 6:30."

He thought they were a "flash-mob of two"?

hunter45 · Jul 19, 2011

I wasn't going to pursue this any further, I was just bored last night and thought I'd share my experience with y'all. Anyways, here are the full details...

My mom grabs the door and walks in, she looks to the left where the guard/information desk is and walks towards him asking if it is too late for her to do something regarding her license plates. Then I grab the door before it shuts again and follow her in. I hear the guard say "Is he with you?" and walk over towards me, with his right hand immediately going for his gun. I walked in slowly wearing khaki shorts and a green golf shirt, and like I said, I wasn't carrying at the time. I have no idea what I did that was so threatening. Anyways, that's pretty much it.

Marco · Jul 19, 2011

Thanks for sharing.

I would have called the police (on the spot) and attempted to have this Security Guard arrested.
If he's running around unstrapping his holster/firearm with no threat present he possess a threat to the public.

HankT · Jul 19, 2011

hunter45 said:
I wasn't going to pursue this any further, I was just bored last night and thought I'd share my experience with y'all. Anyways, here are the full details...

My mom grabs the door and walks in, she looks to the left where the guard/information desk is and walks towards him asking if it is too late for her to do something regarding her license plates. Then I grab the door before it shuts again and follow her in. I hear the guard say "Is he with you?" and walk over towards me, with his right hand immediately going for his gun. I walked in slowly wearing khaki shorts and a green golf shirt, and like I said, I wasn't carrying at the time. I have no idea what I did that was so threatening. Anyways, that's pretty much it.

Not pursue it??????

Several folks (peter nap, Citizen, TBSD, grapeshot, user, etc., have chimed in above that the guard needs to be held accountable for his actions. He "needs to be slapped down," according to one person.

Did you tell the guard anything about his action of "going for his gun?" Were any words spoken between you two?

There may be some video that will totally support your position.

Letting the guy off does not seem like a great decision.

hunter45 · Jul 19, 2011

I never spoke to him. Could I get the DMV surveillance video through a FOIA?

HankT · Jul 19, 2011

hunter45 said:
I never spoke to him. Could I get the DMV surveillance video through a FOIA?

I don't know for sure but I don't see VA law would prevent it.

I recall a case a few years of an OCDOer, name of danbus, who got accosted by Norfolk's finest with a gun unnecessarily pointed at him. He got $10,000 after all the dust settled.

skidmark · Jul 19, 2011

hunter45 said:
I never spoke to him. Could I get the DMV surveillance video through a FOIA?

If you can't get it voia a FOIA request you can subpeonea it as part of discovery in your civil suit.

But do either one now, not later. There seems to be a rash of failures to comply with the Record Retention Act when it comes to Magic Memory Devices, as well as extremely short times before overwriting/reusing the tape/HD space.

stay safe.

thebigsd · Jul 19, 2011

skidmark said:
If you can't get it voia a FOIA request you can subpeonea it as part of discovery in your civil suit.

But do either one now, not later. There seems to be a rash of failures to comply with the Record Retention Act when it comes to Magic Memory Devices, as well as extremely short times before overwriting/reusing the tape/HD space.

stay safe.

I get the feeling you have had personal experience with this.........not sure but it sounds like a ferry tale.

Hunter- I really hope you pursue this. I'm sure you would at the least have the full support of those who posted in this thread. I have seen what the members of this forum can do when united by a common cause.

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