I collected comments/conversations between 3J Towing and a couple of different people asking questions under the posts shared on social media and wanted to put them into an article to help shed a bit more light on this issue.
My questions I’d like to ask our sheriff and State’s Attorney after the information given to us by 3J Towing:
– Why did 3J Towing not receive due process before termination?
– Why were the numerous death threats not deemed credible enough to pursue by our state’s attorney, while the “threat” by Dale Simanton towards former commissioner Kim Richards was deemed a threat enough to pursue (yet the requested restraining order was thrown out by the judge)?
– From what we’re seeing presented here, it looks like a willing violation of state laws and constitutional rights. If so, why? Is the claim that Sheriff Lamphere is working to create a monopoly for the other towing company true? If so, why? Especially when state law seems pretty clear about it being unlawful, and anyone found guilty of it could be charged with a class 6 felony?
– What about the state laws 3J Towing is bound to uphold, especially SDCL 32-30-18, 32-30-12, 32-30-13, 32-30-14, 32-30-15, as well as 32-30-19 and 32-36-4? Why does it seem like our Sheriff, State’s Attorney, Judge, and Chief Deputy are all trying to push a local towing company owner into breaking state laws and punishing him when he doesn’t?
I’ve had some people tell me how much they trust and respect Deputy March, so I’m confused as to why it seems like he’s going along with this whole thing. Am I missing something here?
According to what I’ve learned: BEFORE we are stripped of anything pertaining to our life, liberty, or property by the government, we receive due process “which requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal. Mullane v. Central Hanover Bank (1950).”
—Instead, what have we witnessed by our county government?
1. the civil suit and termination happened on the same day
2. Termination happened before 3J was given a chance to be heard in court and make their case
3. They weren’t allowed to be put on the county commission agenda (they were told it was too late) HOWEVER…
4. They WERE on the agenda under the Sheriff’s report, yet 3J Towing was NOT notified
5. 3J Towing made a public comment instead, yet were still unable to make a statement during the Sheriff’s report about them
6. Right after their public comment, we were told by 3J Towing that they witnessed Deputy March and our State’s Attorney make numerous trips to the Clerk of Courts, after which they found out that their civil suit was changed to a criminal suit.
7. Even with it now magically changing to a criminal suit, no charges had been filed, no court date was set, and they were still terminated from rotation before being allowed due process.
8. A week later, 3J Towing was served papers with a court date set.
Isn’t this all a little backwards? Why are they not allowed on the county commission agenda to speak and be heard beyond a public comment? Why did the Deputy and SA change it from civil to criminal right after they made a public comment? And…one last time….. what about all the state laws 3J Towing gave us that they are bound to uphold and (it seems) like our county government is trying to force them to break these laws?
First conversation (Courtesy of We, The People, of Lawrence County Facebook Page):
3J Towing: “Our rights have been stripped from us. No due process whatsoever, the Sheriff has found us guilty until proven innocent and we haven’t even been to court yet. Again in the last commissioners meeting, our right to due process was violated again. They wouldn’t allow us to speak even though we were on the agenda. How can one defend themselves if no one is willing to let you? We asked to be on the agenda and was denied and never told that we were already on it. The court order violates several codified laws yet we are being accused of contempt because we pointed these violations out. We could name probably ten other towing companies in SD that run their businesses just as we do. These codified laws are there to protect the consumer and our businesses. I for one would not be happy in the least if someone besides me was able to claim my vehicle or the contents of said vehicle. The DMV in Pierre has always told us to never release anything to anyone but the registered owner. Now, if they can get the registered owner to send us a notarized affidavit saying that a specific person has their permission we will abide by it. Even a notarized document from a seller with said persons name and information that purchased the vehicle would work. This person has none of this and has flatly refused to even try to get these documents. The registered owners live in Missouri and neither one is her. We have to use the information given to us by the DMV and work within the laws given. We have not violated any laws. Her attorney, the SA, the Sheriff and his Chief Deputy have. And why? It’s in our care and custody, so we have to live within the laws of our industry and we’re being persecuted for doing what we have to do to protect our company from litigation from actual registered owners and work within the laws. Why do they all of a sudden take interest in something like this? Why is our company the only one being unconstitutionally persecuted and prosecuted? It must be monetarily motivated! Why else would they single us out? What about all the calls the PD responds to the other for not allowing the actual registered owners an opportunity to collect their belongings or vehicles? It will all come out in the wash and it won’t be pretty but we will prevail and be proven innocent.”
Citizen comment: yep that’s right in the words of the DPPA ..privacy act. If the woman wanted a title to her car, she could have requested it herself thru the act. It’d not hard. Just requires her to present to DMV a legal claim to property. A Bill Of Sale fits that claim. Now, however, you as a Tow Company could act in her defense to help do that request for a small nominal fee of course
3J Towing: A day or two after we were served and terminated the car was legally ours. We do not want anyone’s vehicles, we have plenty of our own. We want to do our job, get paid and move on. Anytime we end up with a vehicle it just costs us more money and time and takes up space in our impound that we could be using to store something else
Citizen: …I agree with you DO NOT let get things out of the car unless you for sure the property in the car is hers. I do understand where you are coming from. Why is it such a huge issue with titles in this state…I have many people driving cars titles to someone else. So it makes it super easy to claim titles on abandoned cars.
3J Towing:
This man is a fucking liar. I never ever threatened his life. Did my boyfriend. Probably but he is 2000 miles away and when I found out about it I made him call John and apologize. Bet John didn’t tell anyone that. Also let me set u all straight. I was traveling for work. I do meds in assisted living. You think I’m lying look me up in the nursing registry in Missouri. Yes I was arrested yes my car got towed. What I was arrested for plays no part in me getting my car out of tow. Everything I own of value, all my work scrubs, computer, all the clothes I own, my boyfriend’s dead father’s ashes, and so much more were in that car. From day 1 John Tracy was not going to give me my car no matter what. He’s a theif and he does this to so many people. I tried to pay him numerous times, he would always say he wasn’t there or I couldn’t come today. Proof of ownership..that’s a joke. The dealership sent certified proof to every police station out here, they called the dealership, I had bill of sale and Missouri application for license and title and in the car was the title. All I needed was the title out if the car. John said no. Then he said it wasn’t in there. That was a lie. When they cleaned out my car a few days ago guess what the sheriff found…..right…the title, proof of purchase, everything I said was in there. John Tracy is a liar and a theif and if it were your girl he was doing this to you would be threatening him to. So it’s ok for Tracy to run around taking another man’s girlfriends things making her life a living hell but what he doesn’t like it when the shit is dealt back to him. As far as the police dragging me out of anywhere that is a fucking lie and he knows it. If that had happened, I would have been arrested.He sounds like a little bitch. Whining and crying. Why is he so mad because his rights were violated. No they were not. Too bad though because he should get back what he gives out. Everything I needed to get my car out of tow John Tracy had but this is how he gets away with stealing from people and you idiots are encouraging him. The fuck is wrong with you people. U actually believe his sorry ass. The sheriff is doing the right thing. For 2 weeks I was stranded out here, no family, lost my job because of it, lost everything because of this. I was begging for this to stop to just go get the title out of my car, and let me pay and be on my way but no he used me as a tool for whatever war he has going on with whoever he’s bickering with. You need to post this because mark my fucking words I don’t care if I have to put a bullet in my own head, I will do it to make sure nobody else has to go through what John Tracy did to me. I was alone on the streets in south Dakota not knowing a soul while he was playing his game. I was pissed on in a public park by some high mother fuc*#$@, I was sexually assaulted by a bus driver, I’m now homeless because I lost my job and now I’m stuck out here with nothing. I’ve lost all hope. Do you know what it’s sad when for shitty money I care for elderly people, I do all the things that you people running your mouths won’t do and I do it because I am a kind person, compassionate towards others, I would give my last of anything just to help a stranger not suffer, I’ve never asked anyone for anything, and what John took from me, I earned with hard work, I’ve never had it easy, but you know who does 3j towing owner John Tracy. All that criminal does is wait for police to call with their next victim. John sits on his ass and drives to take all he can from them and he didn’t even have to lift a finger. All you people that are talking about the sheriff doing what’s right should be ashamed of yourself and I think it’s funny because karma will come for you.maybe your daughter or wife will be their next victim. Bet you will want sheriffs help then huh?John Tracy I hope you know that your time is up. I will make sure if it’s the last thing I do that you never are allowed to do this to another vulnerable woman. I am going to fight and stick this out until you are left in the same position that you left me in. Oh and stop lying and bitching and moaning…it makes you look like the pussy bitch that you are
We have everything on video with you and the PD. Them and I telling you yet again that what you had didn’t prove anything as afar as ownership. The MVR in Pierre gave us the registered owners and it was not you. You are certifiably nuts and we have it on video. We also have proof that you are a repeat offender and have been arrested several times for drugs such as meth and heroin. Your title was not in the glove box like you claimed. If it was found it was somewhere else in the car. We do NOT dig around in any vehicle we have impounded, especially when the cops pulled needles out of it. The dealership never sent proof or we would have been able to get it from the PD. Your rants on here prove everything. We do Not ever want these vehicles. It only costs us money when they are not paid for and released. We do not need or want any of these vehicles ever.
Kate Johnson…are you the kate that put the lues that John is spreading on my Facebook for my daughter to see. You people need to understand you are believing the rantings of a madman and you are partaking in ruining my life over it. Karma will find you because has to God strike me and anyone I love dead right now if I am lying…John Tracy is lying, I had all documentation I needed to get my car, with help from the local city police John Tracy stole my car along with my life and here are the facts… Was I intoxicated…no Did they find ” meth” no, John is using these lies to slander my name and make me look bad so that’s all you see. Bravo john ….for now
We have everything on video with you and the PD. Them and I telling you yet again that what you had didn’t prove anything as afar as ownership. The MVR in Pierre gave us the registered owners and it was not you. You are certifiably nuts and we have it on video. We also have proof that you are a repeat offender and have been arrested several times for drugs such as meth and heroin.