A stolen bike recovered. One for the good guys!

[LRice85]

Last fall I posted about having two CR250's stolen from PGH. A 2001 and a 1997. The 2001 was a race bike ridden by Steve Andrich (National #85 at that time).

The story goes... they bikes were stolen on Halloween night. I immediatly put up reward posters and actually had someone call me saying they knew who stole the bikes. I gave the name to the detective. They never pursued any of the lead I gave them. I was really upset. I tried to take the law into my own hands by tracking this guys address down. I never could find it even though he only lives 1/2 mile away. I tried everything including going to local pizza shops to check their database for delivery drivers.

So... yesterday afternoon I got a call from the police. Apparently another bike was stolen near this guys house and spotted going into the woods. since this guy is a know crimal the police knocked on his door. I have no idea why they didn't do this 9 months ago when I told them this same guy stole TWO of my bikes. Anyway...the police asked if they could look in his basement and if he had anything in there. The thief said all he had was his motorcycle and agreed to let them in the basement. They checked the VIN on HIS bike that he told the police he bought at an auction. Of course the bike was mine and they towed it away.

The bike is whooped. Shock is blown, subframe cracked, bars bent, pipe is loose, tire is spent plastic is changed and looks like crap.

I do have some questions. I'm gonig to court but since I did not see him steal the bike they are charging him with receiveing stolen goods. What if someone steals a car an nonone see's them? Do they not get charged with grand theft auto? Can I go after this guy in a civil case for the damage done to the bike if he is only charged with possesion of stolen goods?

Anyone with knowledge or experince please reply. I'll try to post before and after pics of the bike. (can't post pics! damn)

Don't get me wrong though.. I am extremely happy to have one bike back. I never thought I would ever get one back. I'll fix it up and sell it to pay back the loan. What a relief.

thanks
Larry

 

[Senior KX Rider]

:cool: :cool:

 

[YZ Joust]

Actually, the police and your local courthouse should take care of the restitution for the bike. I had a car stereo stolen by some jackass in DC, I didn't see him steal it nor did anyone else but I got $500 from him for a broken window and the cost of the stereo. There is no way I would let this slide, especially since you're talking about fixing up the bike and selling it to pay back the loan... That should be coming out of that dirtbags pocket.... You need to talk to the five-0 and find out what you can do.......

ELK, you are being summoned!!!! Can you give this guy some advice??? ;)

 

[a454elk]

Rice, glad to hear the somewhat good news and I'm sorry to hear that nothing was done when the time was of the essence. I can't speak for the local agency but it would have been nice for them to act on what info they got.

In regards to the damages, we usually meet with the D.A. responsible for the case and advise them of the amount of loss you incurred and then it is added to the case. When the suspect pleads guilty or is found guilty, the restitution is then added to the sentence so you can get your damages paid for. As far as what he is charged with well that depends on the circumstances. If you can prove that he is the only one that had possession of the bike then he can be charged with the theft also, on top of the possession. You need something to prove that he was the one that stole it, maybe a bogus story as to where he got it and so on. At the very least he is charged with the possession and really as long as he gets convicted on that, it helps down the road.

If you don't get to the D.A. in time for the restitution to be added then a civil case for the damages can be filed and you can use the conviction of the theft of possession as evidence. Good luck

Elk

 

[LRice85]

Elk,
Thanks for the information. As far as the restitution is concearned, what type of documentation do I need to provide. Should I go to my dealer and ask him for an invoice with all the parts I need including labor charges? Or would an excel sheet with cost from a catalog be sufficient? I'm looking at around $3500 in damages and I could go higher but I want to be realistic and not look like I'm taking advantage of the sitution. I have before and after pictures which I will bring.

I just spoke with the D/A's office and they said that I should notify the restitution.

I left a message for the arresting officer to call me so I'ms sure we'll work out the details.

I'll let everyone know how it turns out. I'm going to put the screws to this guy the best I can!

Larry

 

[Glitch]

If he says that he got it at an auction. Couldn't the police get him to tell them what auction, if any, and then go and check their records to see if they had indeed auctioned the bike. Then see who they got it from, or if they deny auctioning that bike, then you know the guy stole it. Just a thought.

 

[LRice85]

Glitch,
I'm thinking the same thing however I have no idea how the courts work. I still don't think that is enought to convict him. I think it's up to the D/A to determine the charges. I would be happy with possesion of stolen property and $3500 in my pocket for damages. Rember he still has my 97 CR250 somewhere.
I'm going to talk to the arresting officer and the D/A's office to see what my options are. I have to do this quick though becuase the trial is on Thursday!

LArry

 

[CanadianRidr]

Rice if you want ill post the pics for you, I sent you a PM. :cool:

 

[LRice85]

thanks Canadianrider, I sent the pics to your email.

Warning... it is not pretty!

Larry

 

[CanadianRidr]

Oh man :whiner: :whiner:

Here is the before

And here is the after, COVER YOUR CHILDREN'S EYES!

And we will see if the big versions work

http://us.f1.yahoofs.com/users/f98709b3/bc/Rice+stollen+CR/__hr_BEFORE.jpg?bcaIJO9AZ5EdfCzo

http://ca.photos.yahoo.com/bc/canad...en+CR&.dnm=AFTER.jpg&.src=ph&.view=t&.hires=t

 

[CanadianRidr]

PS. If need be, I got some stocker parts you can have to get her back to what it use to be. It won't be perfect, but at least you can have a piece of you back :cool:

 

[a454elk]

Rice, if it comes down to it, you'll have to show the costs you'd incur to bring it back to normal. Out here, a number that the victim comes up with, as long as it's supported by normal costs, is reasonable. I'd also say, although it's not my case, to put the screws to the guys and get him to tell you where the other one went. He knows, no doubt and if the D.A. wants to plea bargain a deal, I'd say that would be a good start, along with restitution. Once they are caught, they usually give up the rest of the info when it comes right down to it. The D.A. might say that he'll drop the theft charge and only go with the possession if he gives up the other bike, if not, screw him, take him downtown to china town.;)

 

[YZ Joust]

Call me crazy but out here on the East Coast that is grounds for the death penalty..... How could someone abuse a bike like that??? I'll actually be up in PA this weekend, let me know if you wanna round up a posse..... ;)

 

[LRice85]

I took the bike to the track with me this weekend just to see how it runs! I have no idea how you can trash a bike sooooo bad. This jerk had to purposly break parts. The clutch is fried and the throttle sticks. The pipe shot, rear shock is completely blown. He broke off the adjuster screw? The forks are wasted too. The subframe is held together with a busted wrench, butter knife and hose clamps! Both front and back Excel rims shot and maybe the hubs. Renthal bars are bent. The kickstarter is broken. He wore the chain through the chain guard from the shock being blown. Amazing!
Plus the cosmetic damages.

One bright spot though. This bike was owned by a national rider before I had it and it was punched out beyond belief. I took it for a quick spin up and down the track and it still hits like crazy. At least the motor is still somewhat decent.

I figure over $3500 to get the bike back into decent shape. I know the guys at the local Honda dealership well and they are going to write up and invoice with labor for everything I need. I'll take that to the pre-trial on Thursday.

Canadianrider I'd be interested is some stock parts. After I find out how much money I'm getting, in any, we can talk about what you have for sale.

I'll be sure to post on the results of the pre-trial.

Larry

 

[a454elk]

Good luck.

 

[Rockey5000]

Restoring the bike might even be fun, it will be completely custom and won't cost you a cent! Still sucks that the bike was trashed like that though. Good luck on finding the second one.

 

[LRice85]

Ugh! The arresting officer described the thiefs lawyer as a real scumbag! I overheard him talking that his wife and him had plans yesterday afteroon so he had the case postponed. I have to go back September 6th! This is kind of a good thing because this gives the officer time to obtain some evidence that we did not have yesterday.

At least he has enough money for a good lawyer, maybe he'll have enought to pay me!

More to come in a month.

Larry

 

[CR125_Ride]

Make sure your lawyer or whoever represents your case, refers to the motorcyle as a race bike. This puts it in the mind of the judge or jury, that it is more valuable than what most people come to mind with. Average folk who know nothing bout dirtbikes think they are cheap and not very expensive. But if you add the term 'race' to anything seems like it's value goes way up. Odd the way psychology cn work for you. Oh you may be able to say you lost money on the theft if you made money from the races.

 

[LRice85]

Justice did prevail! The theif agreed to pay me $3770 in restitution and I get to keep the 01 CR. They still haven't found the 97 CR yet but I'll take what I can get. He has 90 days to pay $2000 and then 90 more to pay the remainder. If he fails to meet the deadlines he goes to jail. I just hope he stays out of trouble until he pays me.

I have the 01 in the classified section. It's a little beat up by it was one heck of a bike. I have pictures of the bike. My info is in the classifieds if you are interested.

Larry

 

[a454elk]

Great!;)