“would make it illegal for any towing company or other such company to make repossession of real, personal or any other type property between the hours of 9 p.m. and 6 a.m.”
Decatur, AL – November 30, 2023 – Ever since the police shooting of 39-year-old father and borrower Stephen Perkins by police during the repossession of his truck, the city of Decatur has been on edge. A protracted investigation and false police statements have led to protests, arrests and a city demanding justice. Unfortunately, for a large and vocal number of residents and city council members, the solution to trigger happy police is a city ordinance outlawing repossession at night.
As previously reported, 39-year-old father and borrower Stephen Perkins, was gunned down by officers from the Decatur Police Department outside his home on September 29 in Decatur, Alabama. Police claimed that a repossessor, later identified as employed by All Star Recovery, had previously attempted to repossess Perkins truck when it is alleged that Perkins pulled a gun on him. This resulted in the agent calling 911.
police have yet to release police bodycam footage of the incident, video surveillance cameras captured from neighbors captured the moment Perkins was gunned down. A total of eighteen rounds were fired at him.
Video also captured the agent from Allstar Recovery towing away Perkins truck as he laid dying just feet away. He begins leaving the scene after about 30 seconds into the video while officers can be seen still patting the dying Perkins on the ground behind him. Perkins’ final words were said to be ‘help.’
This newly release video footage has triggered renewed outrage in Decatur at both the police department for allowing the repossession to commence and at All Star recovery whom local activist claim was a needless death.
Quicker than they can even see the police bodycam videos or the results of the investigation, they’re placing the blame on the self-help repossession process. The result is a proposed city ordinance to prohibit repossessions between the hours of 9pm and 6am. Be skeptical if you want, but it’s getting fast tracked with the support of the majority of the city council.
Knee Jerk Reaction
On Tuesday, city officials talked about the still pending disciplinary hearings for the three police officers and their supervisor involved in the shooting is planned next week. Attendees of the city council work session continued to demand the immediate termination of the four officers and of Police Chief Todd Pinion.
Rev. Yvette Rice, one of the Perkins supporters who spoke during the work session, suggested “placing into permanent city law the Stephen Clay Perkins Ordinance.” Rice believes that Perkins’ shooting” could have been avoided.”
“I understand you all want to change some policies and make all of these arrangements down the road, but we need some changes right now,” Rice is reported to have said. Rice reportedly began to cry as she made her statement because she said she was “frustrated.” So her friend, the Rev. Claudette Owens, stepped in to finish it.
Owens went on to read a statement desiring an ordinance that “would make it illegal for any towing company or other such company to make repossession of real, personal or any other type property between the hours of 9 p.m. and 6 a.m.”
Rice added that they need to pass such an ordinance immediately and concluded that they would like it to be on the agenda as soon as possible.
“We won’t wait on it,” Rice said. “We don’t need another person, another husband, another father, another son killed by the Decatur Police Department. We’re tired, we’re hurt, and we deserve better.
“We’re not going to wait for you five years from now, 12 months from now. We’re not even going to wait 30 days from now. You’ve got a working meeting next week or the week after; handle it. It’s important to the community, it’s important to this city, it’s important to this family.”
The proposal of the ordinance received support from the majority of the Council; President Jacob Ladner, councilmen Billy Jackson, Carlton McMasters and Kyle Pike.
Councilman Hunter Pepper said he is opposed to the idea.
Jackson and McMasters said they discussed a possible repossession ordinance with Pinion. Jackson said Owens also approached him recently with the idea.
“It’s an absolutely critical thought that we should address this issue,” Jackson said. “I’m willing to work with Claudette and push this thing through as long as we can do it legally. As long as it’s effective and legal, I’m 100% behind Rev. Owens in her pursuit to make this happen.”
McMasters said they shouldn’t be able to do a repossession on private property from dusk to dawn.
“Anything on public property would be fair game,” McMasters said. “You should not be able to do a repossession on private property, at your house. We need to do whatever we can to prevent a tragedy like Mr. Perkins. He said “he would vote for a new ordinance, but the Legal Department needs to go over it first.
Councileman Pike said that an ordinance limiting repossessions to daylight hours “was discussed weeks ago and probably should have been acted upon at that point.”
Pike said he discussed the proposal with some in the community and sent an email to the mayor, Pinion and Marks on Monday asking for a proposed ordinance on a nighttime repossession ban.
“If you look at other cities and how they changed quickly, it makes you wonder why we haven’t changed already,” Pike said.
Pike said he expects to see a proposed ordinance prior to the Dec. 18 agenda, and he would support immediate consideration to vote on the ordinance instead of waiting for a second meeting to approve it. A unanimous vote would be necessary to bring it up for an immediate consideration vote.
The city needs to start as soon as possible on getting a third party to review the Police Department’s policies and procedures, Pike added.
Pepper Disagrees
Pepper is the only councilman against a repossession ordinance.
“Mr. McMasters doesn’t work in that business and he doesn’t know how that business works so he shouldn’t make comment about businesses he has no business making comments on,” Pepper said.
Pepper said he’s not going to support an ordinance “that infringes a business from operating. I’m not going to prohibit a business who has purchased a license to operate in the city just like any other business has.”
Pepper said he disagrees with the assertion that an ordinance might improve safety in the city.
“I don’t think it’s legal,” Pepper said. “I don’t see how it’s legal to keep companies that repossess vehicles from operating at night. It would halt their business here because the majority of repossessions take place at night. That’s a common practice.”
Ladner said his response to Pepper is “it does seem like repossession in the middle of the night could definitely cause negative consequences. Just like we have other laws that allow businesses to operate with some guidelines I could get behind what was proposed.”
Local attorney Carl Cole said that he sees advantages to such an ordinance because repossessions “would happen in the light of day.” But he did say that he wasn’t so sure that limiting the hours when a repossession can be done “would cause less confrontation, but I do believe there would be more eyeballs on repossessions. Confrontation is less likely to happen than what happened to Mr. Perkins.”
Cole also said that he’s always believed that repossession law should require that the finance company obtain a court order before repossessing a vehicle, similar to mortgage foreclosure evictions.
“We allow them to just seize a car on someone who is a few days behind on their payments,” Cole said. “Those are different legal ownership statuses, but at the same time, a repossession suit wouldn’t take very long to work it’s way through the court system.”
He said this would provide more opportunity for notice to the automobile owner. It would also allow the finance company to get the sheriff’s office involved.
“It would certainly make it safer for everyone,” Cole said.
Source : Yahoonews.com
Editor’s note: Sounds crazy, but haven’t we already seen it all by now? What’s next; no repossessions on odd numbered days in even numbered years and months that end in an “R” or a “Y”? Sad thing is, it’ll probably pass the council if the city can pass the legal sniff test. If it can happen there, it can happen anywhere. Which city is next?
Kevin
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