Attacked by security guard - police blaming me!

Attacked by security guard - police blaming me!

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Discussion

Bigends

5,486 posts

130 months

Sunday 14th April 2019
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Same option in Smith's as well

Alex Z

1,212 posts

78 months

Sunday 14th April 2019
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Thesprucegoose said:
Alex Z said:
security guards do have a power of arrest
They have no more power of arrest over a normal citizen. They are entitled to detain a person they suspect of shoplifting, as long as they have reasonable grounds for this suspicion, as any joe bloggs could do.
Yes, exactly my point.

Flumpo

3,893 posts

75 months

Sunday 14th April 2019
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The Mad Monk said:
milkround said:
Went to a supermarket. Paid for my shopping on one of those self-service machines. One of them that don't give you receipts all the time and always ask if you want a receipt.

As I'm leaving security guard demands to see my receipt. Explain I don't have one - so am told very firmly come with me. At this point, I have no inclination to come with anyone so walk out. I'd paid for my shopping. I'd done nothing wrong. If he'd asked nicely it might have been different - but I take my civil liberties very seriously.

Next thing I know this security guard is grabbing me in the car park. Pushing me. Even attempts to twist my arm behind my back. Tells me I can't go anywhere. I say lets call the police - he says no and that he is security and I'll do what he says. After I'm knocked to the floor I allegedly get up and punch him in the face. I remember pushing him back but can't remember punching. I'd also been kicked by him. The man totally lost his control. He kept calling me homophobic names so I presume he thought I was gay. I genuinely think he was attacking me because he thought I was homosexual thinking about it.

At this point I get to my car - but he then grabs hold of my partner. She actually sees a receipt which in the commotion is half ripped. I drive up and he lets her go. I drove home and call the police and tell them what happened. There was a receipt I just didn't know about it at the time. Police say no one to come out etc...

All this was a good few days ago. But yesterday I got a call from a Police lady. Saying she'd tried coming to my house on Friday. I explained I worked etc. She wants me to sign something saying I apologise and I was in the wrong! I ask why he grabbed me - but she says I should have just gone with him and done what he wanted. I ask why he attacked me. She claims as a security gaurd he can do that. I ask why he didn't just call the police like I asked - and she claims that they are to busy to come out.

Now here is the stinker. She wanted me to 'apologise' and agree to not go to that store. I'm happy to not go to that store but will never apologise. She said if I didn't do a 'community resolution' she'd have to give me a caution that goes on my record. I said I'm happy to come and give a statement (with a solicitor) but she didn't want me to do this. Said she'd need to 'think about it then'. Which tells me that she knows I've done nothing wrong and is just trying to cover it up. Why else would she not want me to have a solicitor??? It's all on CCTV.

The real stinker is that I do a bit of HGV driving for that supermarket. And my partner who is a pharmacist does some locum work for them. I'm minded to sue them tbh for the assault.

So what's the best way to deal with this now? Should I call up some solicitors? Should I call up the Police and ask to speak to someone who isn't an idiot who can look at the CCTV and not jump to conclusions that security guard = right to attack? I've found out how to request all CCTV footage from the supermarket and will be doing that today.
If it happened tomorrow, what would you do differently?
Pretty obvious, make a citizens arrest on the security guard for assault and use reasonable force including make shift weapons as necessary.

No, hang on that’s not right is it?

In all seriousness if this is homophobic related then that is where the attention needs to focus. Not the op not cooperating or anything else.

Regardless who did what every little helps shouldn’t have openly homophobic violent security guards.

Cyberprog

2,204 posts

185 months

Sunday 14th April 2019
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4rephill said:
You met perceived aggression with aggression, and tried to just walk/drive away, without sorting out the situation in a calm manner, escalating the situation.

I suspect the security guard, believing you to be a shoplifter who was determined to get away, tried to restrain you, and you started throwing your arms around to get him off you - as you've previously admitted:
Whilst the security guard may have had belief, that's likely to not have been enough grounds for him to go hands on and restrain people.

The OP was not obliged to show any receipts or co-operate with the security guard. From the sounds of things he's done the right stuff - told the guard he didn't want to show the receipt and gone about his lawful business. The guard hasn't liked this, believing in some futile way that he has some sort of authority, and escalated the situation.

It's entirely on the guard for escalation - he should have gotten someone to review the CCTV whilst he simply followed the person to his car and taken the details. If they needed further escalation a call to the police would have been the next step.

I'm nearly 100% sure that their own guidelines will be to not use force in this sort of situation unless you have followed the person round the store, seen them conceal or just plain walk out with items without paying. And you've got to be eyes on that person at all times.

dudleybloke

20,058 posts

188 months

Sunday 14th April 2019
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On the plus side you know where he works....

milkround

Original Poster:

1,143 posts

81 months

Sunday 14th April 2019
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I will post up CCTV when I have it whether it makes me look good or bad. I've been bold enough to say what happened so I'll be bold enough to show it as well.

My partner was never more than 15ft away. She saw it all. According to the police officer she is not a witness as she was also assaulted! Literally said that. Claimed that she couldn't be a witness. I'd love to see if a police officer was a witness if a pair of them were attacked. Or if the second officer's statement was inadmissible. I do wonder if the police officers calls are recorded... If they are I'll be making a complaint. She clearly has no interest in justice and just wants to sweep things under the carpet.

Remember this. After he'd realised I was not such a pushover he grabbed hold of her. Again he had no right to do this. Can you imagine the police not being able to get someone so grabbing their partner??? He even told her she could not go. This is an NHS hospital pharmacist. Hardly a crack head or a prime candidate for shoplifting.

Those asking if i'd do anything differently. I would. I'd call 999 straight away and have the police attend. I'd also be videoing it from the second it started. I did ask my partner to call 999 (and the gaurd who attacked me) she was too scared to do anything. Obviously he didn't want to involve the police due to his criminal actions. My phone was at home charging sadly.

I do wonder how many of those who claim I am violent etc would react if they were attacked and their partner was assaulted... If anyone has any recommendations of a decent solicitor to persue civil action against the company I would love to hear from you.

gooner1

10,223 posts

181 months

Sunday 14th April 2019
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citizensm1th said:
you are an argumentative at times, my first reply to you was to confirm that supermarkets do give you the choice of having a receipt or not, nothing more.
I already knew that supermarkets gave the choice of having a receipt or not, as you
well know, my question, to which you responded twice, was why have that option.

It wasn't compulsory for you to answer, especially with a " How the fk am I supposed to know" smile

milkround

Original Poster:

1,143 posts

81 months

Sunday 14th April 2019
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Also... I've found this on google: https://ukconstable.wordpress.com/2013/01/02/theft...

Now I'd be interested in what section of SCONE applied to me. I did select stuff, I did conceal it in my basket. Anyone could have observed me. But I did make more than just an attempt to pay. My bank statement shows this. And then I wanted to exit.

At no point did the bloke say I'd shoplifted anything. Or ask if I'd paid for a specific item. He simply demanded to see my receipt. And then started a tirade of homophobic abuse when I said I didn't have one. Being a normal person I don't think this is acceptable. And I'm not repeating the language on here.

He didn't stop me for SCONE. He stopped me presumably because he thought I was gay. Or for a random stop. He can't stop someoene leaving just because they won't show him a receipt.

Thos saying I'm a 'know my rights' type are well off the mark. I consent to being searched everytime I go into the same supermarket DC. And I have been. I push a randomiser each time I leave. If the police want to talk to me then no problem. I even offered to come down when is good for the officer. What I won't do is say I'm in the wrong. I'd rather go to court than do that. Interestingly I can refuse the search at the DC. They just ban me. So why didn't he just let me go and tell me I'm not welcome back at the store? He broke the law the moment he put his hands on me. He broke the law when he tried to stop me leaving. He broke the law when he put his hands on my partner. The police are complicit in this criminality and it's shameful.

I shouldn't have to live my life worrying about other peoples criminal actions. And those saying I caused it by not going with him are missing the point. This was a homophobic violent bully, who has shown scant disregard for the law. Why anyone sane person would want to go with someone like that away from the public area is beyond me.


Flumpo

3,893 posts

75 months

Sunday 14th April 2019
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milkround said:
Also... I've found this on google: https://ukconstable.wordpress.com/2013/01/02/theft...

Now I'd be interested in what section of SCONE applied to me. I did select stuff, I did conceal it in my basket. Anyone could have observed me. But I did make more than just an attempt to pay. My bank statement shows this. And then I wanted to exit.

At no point did the bloke say I'd shoplifted anything. Or ask if I'd paid for a specific item. He simply demanded to see my receipt. And then started a tirade of homophobic abuse when I said I didn't have one. Being a normal person I don't think this is acceptable. And I'm not repeating the language on here.

He didn't stop me for SCONE. He stopped me presumably because he thought I was gay. Or for a random stop. He can't stop someoene leaving just because they won't show him a receipt.

Thos saying I'm a 'know my rights' type are well off the mark. I consent to being searched everytime I go into the same supermarket DC. And I have been. I push a randomiser each time I leave. If the police want to talk to me then no problem. I even offered to come down when is good for the officer. What I won't do is say I'm in the wrong. I'd rather go to court than do that. Interestingly I can refuse the search at the DC. They just ban me. So why didn't he just let me go and tell me I'm not welcome back at the store? He broke the law the moment he put his hands on me. He broke the law when he tried to stop me leaving. He broke the law when he put his hands on my partner. The police are complicit in this criminality and it's shameful.

I shouldn't have to live my life worrying about other peoples criminal actions. And those saying I caused it by not going with him are missing the point. This was a homophobic violent bully, who has shown scant disregard for the law. Why anyone sane person would want to go with someone like that away from the public area is beyond me.
OP - serious advice, speak to a solicitor and get a proper answer. This is ph, you have no idea who on here really is a police officer, solicitor, armchair expert or fantasist.

Even ignoring the above that leaves the ph who just come on here to argue or wind up strangers.

If you genuinely think you have been assaulted by a homophobic security guard and have wound up with an incompetent police investigation, which may impact your career. for gods sake deal with it through a solicitor not a car enthusiasts online forum.

Or keep replying on here defending yourself until this runs to 40 pages and gets you no where.



milkround

Original Poster:

1,143 posts

81 months

Sunday 14th April 2019
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Flumpo said:
OP - serious advice, speak to a solicitor and get a proper answer. This is ph, you have no idea who on here really is a police officer, solicitor, armchair expert or fantasist.

Even ignoring the above that leaves the ph who just come on here to argue or wind up strangers.

If you genuinely think you have been assaulted by a homophobic security guard and have wound up with an incompetent police investigation, which may impact your career. for gods sake deal with it through a solicitor not a car enthusiasts online forum.

Or keep replying on here defending yourself until this runs to 40 pages and gets you no where.
Top advice and I'll do just that.

I do find forums useful (mainly for technical things like how to change X on your car etc). But I don't think it's the place to get legal advice. Only those who have fully reviewed all the evidence and have professional experience can determine what should happen.

Truth be told my bum was hanging out of my mouth when I got the call from the Police lady. I couldn't believe it.

I'll be getting the CCTV footage and going to a solicitor. Both a criminal one and one who deals with civil matters. As I am not getting a conviction for assault when I've done nothing wrong. And I'm not having a massive company absolving themselves of responsibility for their staff/contractors actions either.

Cheers for the advice again. It's a shame that all this does involve in mudslinging. I'll still post the video and any outcome in the end. As it may help someone else in a similar situation in the future.

Bigends

5,486 posts

130 months

Sunday 14th April 2019
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The officer was initially trying to sort the matter out with a community resolution disposal without knowing both sides of the story...interesting

Edited by Bigends on Sunday 14th April 16:39

bigandclever

13,851 posts

240 months

Sunday 14th April 2019
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milkround said:
I did ask my partner to call 999 (and the gaurd who attacked me) she was too scared to do anything. Obviously he didn't want to involve the police due to his criminal actions. My phone was at home charging sadly.
.
Soooo... use her phone then. Mind you, she didn’t step in with the receipt right at the beginning either. Maybe she wanted you to get a kicking laugh

Alucidnation

16,810 posts

172 months

Sunday 14th April 2019
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milkround said:
At this point I get to my car - but he then grabs hold of my partner. She actually sees a receipt which in the commotion is half ripped. I drive up and he lets her go.
You left your partner to fight off the guard?

Wow.

g3org3y

20,750 posts

193 months

Sunday 14th April 2019
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La Liga said:
jamoor said:
ambuletz said:
report it as a hate crime for him calling you gay while attacking you.
Yep this will be taken extremely seriously.
I doubt they'll care that much.
I was under the impression this was one of the protected characteristics that would result in accusations of a 'hate crime'. I was of the understanding that the police take these accusations very seriously.

OP, did you mention the homophobic insults to the police?

Matt_E_Mulsion

1,696 posts

67 months

Sunday 14th April 2019
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Did you nick a 10p carrier bag?

milkround

Original Poster:

1,143 posts

81 months

Sunday 14th April 2019
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Alucidnation said:
You left your partner to fight off the guard?

Wow.
At this point he'd shown no interest to her. I was holding the stuff. When I turned around he had his hands on her arm. I walked over (and shouted very loudly) for him to get his hands off her. And he aimed a kick straight at me.

So I jumped in the car and drove up to them. At this point I opened the door and told her to get in. And he finally let her go. I'm glad this happened. Some of those on here have mentioned red mist. All I can say is that I would have got him off her. I'm not going to speculate on here how I'd have done that.

Durzel

12,331 posts

170 months

Sunday 14th April 2019
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People saying they would kick off because "I know I've paid" are morons. The whole point is that you're the only one that knows you've paid. It would've taken a minute to look at the last run on whatever self service till there was to confirm everything was ok.

Don't know why people would take offence, I'm sure supermarkets are getting turned over all the time by people pretending to scan their stuff and then just walking out.

Would like to have heard the other side of the story, I'm imagining the guard robustly asked for proof of purchase and OP went full "but muh human rights!" on him. I think the whole thing could've been resolved immediately without taking huge offence at someone doing their job.

anonymous-user

56 months

Sunday 14th April 2019
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g3org3y said:
La Liga said:
jamoor said:
ambuletz said:
report it as a hate crime for him calling you gay while attacking you.
Yep this will be taken extremely seriously.
I doubt they'll care that much.
I was under the impression this was one of the protected characteristics that would result in accusations of a 'hate crime'. I was of the understanding that the police take these accusations very seriously.

OP, did you mention the homophobic insults to the police?
It depends on the circumstances. The only actual hate crimes are racist and religious crimes, but crimes motivated by other strands / protected characteristics may receive extra attention, but there's a bit more room to manoeuvre with them.

MOBB

3,655 posts

129 months

Sunday 14th April 2019
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OP, what was it that you stole? Was it worth all this fuss?

Zarco

18,071 posts

211 months

Sunday 14th April 2019
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I reckon he didn't scan something by mistake.