Attacked by security guard - police blaming me!

Attacked by security guard - police blaming me!

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milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
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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.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
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Alucidnation said:
garyhun said:
I’m guessing that if you’d gone with him when originally asked you could have sorted this out and been on your way within minutes.
Yeah but, yeah but....
If I could go back in time... Then maybe.

But when someone aggressively tells you what to do then sometimes you don't think that clearly.

Frankly, I'd done nothing wrong. And I didn't appreciate either been spoken to like that or assaulted. And not showing a receipt (which the company gives you an option to not have!) doesn't mean they can attack you.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
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MB140 said:
Report him to police and complain to headquarters of company involved. I wouldn’t be accepting any caution etc from the police. There must be cctv although it’s probable as security he has access to the recordings and could have deleted any evidence.
Both done. Called as soon as I got home and got crime reference numbers for both the assualt on myself and my partner. And wrote to head quarters the next day.

Part of me is wondering if my complaining has caused this. But I am not too bothered. I'd done nothing wrong. I'm more shocked that the police have not bothered to even look into it before assuming I should apologise and take responsibility.

I'm not sure if he could have deleted footage. I actually asked the lady police officer if she's seen things. She said no. Things like him kicking me etc. I am not sure if she is just incompetent and has simply looked at specific bits. Or if some has been removed. I have done a SAR to get all the footage and will be asking why there are gaps if there are any.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
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citizensm1th said:
I am going to guess the supermarket is morrisons as they give you the option to have a receipt at the self serve tills.
No. It's the UK's biggest supermarket. I drive a truck for them on the agency out of one of their distribution centres. If I wanted to steal I think I'd just park up and have 20tonnes of stock off rather than pinching in a store. Could even have a cage of high value booze if I was so inclined. I'd never do that as I'm not a thief.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
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kiethton said:
Tbh if I was being assaulted by a security guard they’d have far more than a punch in the face. Limbs break very easily and quickly, even with fairly small pressure, if applied in specific places.
Punch is pushing it. And context is key.

At this point, I'd been knocked to the ground and he'd aimed a kick at me. I got up and was backing away. He came forward. I tried to push him back. Even the police lady said it looked like a natural reaction. I didn't aim to punch anyone or go out for a fight. I was being roughed up and just wanted to either have the police called or get away.

One of my hands was full of my shopping! I wasn't going for a fight that is for sure.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
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Rewe said:
Presumably all the CCTV will show is the security guard trying to detain you and you resisting? What if it does show you trying to punch him? At this stage, I’d just try to make the whole thing go away.
Detain me for what???

Not showing your receipt is not an arrestable offence!

It's like someone walking past me house and me demanding their ID in case they may have done something. Them refusing and me attacking them. Security guards are just normal people like me and you. They are not police officers with the powers and training afforded to them.

They can only detain people if they have reasonable grounds for thinking you have broken the law! Not showing them a receipt is not reasonable grounds in my book. And when they do detain it's called making a citizens arrest.

I'd be very shocked if the police would arrest you for simply not having a receipt. Especially when the shop gives you the option to not get one!

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
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Cat said:
milk round said:
Even the police lady said it looked like a natural reaction.
I thought she hadn't seen the CCTV...

milk round said:
I actually asked the lady police officer if she's seen things. She said no.
Cat
Seen him kicking me. She said no.

Seen him grabbing and holding my partner. She said no.

Seen him trying to twist my arm. She said no.

Seen him knock me over (apparently I fell) and then me pushing him back. She said she saw that.

I have done a SAR to get the footage. Once I have it I'll upload it and you can make your own mind up.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
quotequote all
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.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
quotequote all
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.


milkround

Original Poster:

1,118 posts

79 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.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
quotequote all
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.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
quotequote all
Well knock me down with a feather. I've just got of the phone with the Police lady again.

She asked if I'd had any more chance to think. I said I had and that I wouldn't be agreeing I was in the wrong when I knew I was not. She then goes on to tell me that both her and her Sergeant have reviewed the footage and it's only me assaulting anyone. So the view that the CCTV will prove me wrong might have some legs... I'll still post it on here anyway.

I explained I was going to SAR the CCTV footage. And I'm happy to come in for an interview. She gets a bit annoyed with me. And says she is trying to do me a favour by dealing with it like this.

She's explained if I don't admit it then I'll be doing to court. Her words not mine. Well I shall not be admitting anything that's for sure. And why she doesn't just send me to court if the evidence is that strong I don't know.

She also claims that all the CCTV shows it him trying to grab items off me. Which is a total lie. I know this because at no point did he try to grab any items off me. He did grab me though. She seemed to be insulted that I said I'd get a copy of the CCTV - saying she was a police officer and knew how to do her job.

Part of me is wondering why on Earth the police do not want me to come in and view the footage. And why they are so keen to get this swept under the carpet.

I ask for a time to come in. She said she'd email me. Seems like no point in her interviewing me if she's made her mind up. In her own words, 'you'll be going to court if you don't admit it'. She also has no interest in getting a statement from my partner as she is not independent. I suppose it's easy to decide someone is guilty if you are only interested in looking at stuff that supports that. She even said there was no point in me getting a copy of the footage as I can see it in her interview. I'm sure I can see the parts she wants me to see!

About 5 times I had to say I'd rather come in than admit it. And she kept saying I shouldn't do this. I don't see why the police can try and force you into admitting a crime when you have done nothing wrong. I suppose it's an easy way to 'solve' crime.

I'll be taking tomorrow off work and going to speak to a couple of criminal solicitors. If I have to go to court so be it. Utterly and totally appalled by all this.

Some will say I'm making this up. I truly wish I was.


milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
quotequote all
kestral said:
You don't permit emails.
Pardon?

I'm not going to be difficult and refuse to let the Police email me if they chose. Frankly, I want to help them. Call me a fool if that is the wrong way of looking at it. I'm not impressed with the police so far. But I don't want to make their life harder than it needs to be. They do have the right to come to my home at any time and take me to a police station if they chose - and I'd rather avoid this.

Or do you mean you have tried to email me on here?

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
quotequote all
Durzel said:
OP are you enjoying the attention? It kinda feels like you are.

You're not professionally offended are you?
I know that's a dig. But I'll treat it as something serious for a moment.

I feel totally shocking. My partner had to run upstairs in tears when the police called and started saying I was the wrong who assaulted someone.

We are moving into a new apartment in just over 3 weeks. My first ever garage. I've been buying tools and using my tradcard so I can have silly dreams of doing full engine rebuilds etc. Right now I feel shocking.

Our evening has been ruined. And tomorrow I won't be going into work. I'll be speaking to solicitors. I am fully supportive of the police in going after bad guys. But I just don't feel like that person is me.

I don't know the rules. Maybe someone has to be blamed here. And I'm an easier target. Who knows. But rather than rub salt into someone's wounds perhaps think about how you'd feel if you were in my position? If you'd been targeted like this - if your partner had been grabbed? It's not nice and I'd rather zero attention rather than this.

milkround

Original Poster:

1,118 posts

79 months

Sunday 14th April 2019
quotequote all
Thesprucegoose said:
seems very emotional, and i guess cctv won't show car park, where the 'homophobic attack' happened.
According to the Police officer it does... She claims it shows him grabbing the stuff I'd paid for (receipt kept) I say it involves him grabbing me. I'll upload it as I've said I will.

milkround

Original Poster:

1,118 posts

79 months

Monday 15th April 2019
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Cyberprog said:
More to the point, the guards powers are limited. If he reasonably thinks you are committing an indictable or either way offence such as theft, then he has the power of arrest as an ordinary citizen. Did he say anything about making a citizen's arrest? If he did, then he would then have the right to use reasonable force to restrain you, but I don't think kicking you or punching you would fall under reasonable force.

Either way, and as others have said repeatedly, you should retain professional legal advice and a copy of the CCTV. Make complaints to the supermarket and to the police about how this is being handled.

Whilst your wife is not an independant witness, she is nonetheless a witness and should be interviewed as such. Her account can be matched up with the CCTV.
No he did not. Furthermore the Police have confirmed that no complaint of theft has been made. His actions were down to me not going with him. The Police Lady says his actions were reasonable in light of this. It was me who asked repeatedly for the Police to be called. This was refused.

Sadly I'm not lucky enough to be married to my partner. But she will give a statement if needed. I raised this on the phone with the PC. She said that my partner was not a witness as she was involved. She also said I needed to 'produce an independent witness'. Which is not possible. She seems only interested in looking at things that support her narrative that I was in the wrong.

I do wonder if the calls from the police are recorded. They come through as a private number.

I have arranged for a solicitor to attend with me to the Police station which is arranged for the 24th April in the afternoon. I'll be getting the full CCTV if possible before then.

This is just a gut feeling - but given the PC has changed her story once about what was on the CCTV, I feel like she is just trying to put this in a box and sweep it under the carpet. Perhaps the local Police have a good working relationship with the security staff. But she was super keen for me to just sign an apology letter and not go back to the store. She wanted me to say I was wrong and for it to be forgotten about. If she genuinely felt I'd attacked someone I can't see that being the case.

I feel much better today. What is going to happen will happen. I'll do my best and tell the truth. If that isn't enough then I can't change it. Life will go on and I'll still be the same person. Tbh if I'm charged with anything I REALLY hope it's an either way offence or higher. I want this to be heard by a jury of my peers rather than by magistrates who (according to the internet) have less interest in the law than how they are feeling that day.

milkround

Original Poster:

1,118 posts

79 months

Monday 15th April 2019
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Steve Campbell said:
OP
Before deciding your course of action I'd wait to see the cctv footage. It's not uncommon to "remember" things differently from what actually happened, especially when in anger, shock or other "agitated" mood.

I'm not saying you are wrong, it's just that we see things from a particular angle and our memories play tricks on us.

Good luck either way.
That's a really good point.

Which is why I am asking for a full copy of the CCTV.

The fact that the Police say it shows something different to what I remember is concerning. But I am so far less than impressed with them. They have given me two different accounts of what it shows. Neither of which related to my memory of the incident.

I have emailed the professional standards department from the Police force. I have complained both about the lack of interest in investigating the crime against me. And also that I feel the officer was trying to induce me to admit something. Saying admit it or it gets worst is not how it should work in my book. I do not know if the calls are recorded - but if they are they will support this. I've also asked for an independent officer to review the CCTV as I've had different accounts.

So in summary - I've probably just annoyed a lot more people. Let's assume my memory and my partner's memory is totally wrong. And I did hit someone for no reason. Then I deserve to go to court and be prosecuted and punished. What isn't great is them trying to just sweep it all under the carpet.

milkround

Original Poster:

1,118 posts

79 months

Monday 15th April 2019
quotequote all
Seight_Returns said:
If I choose to go into someone else's premises - whether it be their home or their place of business - it's simple good manners to comply with the reasonable requests of the owners or the people the owners choose to delegate responsibility to - regardless of what I perceive to be my "civil rights".

If the owners' representatives are rude or have a bad attitude, I won't go back. If I feel particularly strongly about the way I've been treated I might write to the owners and/or about it on a forum or on a review site. I can't imagine a situation where I'd end up exchanging blows with an employee in the car park.

Regardless of the security guard's actions or attitude - this incident reflects appallingly on the OP.
You are right. It does reflect appallingly on me. And I'm not proud of it.

However, it comes down as to what you consider reasonable. I didn't think I had a receipt. And no explanation as to why I should go with him was given. If he said I don't think you have paid for the chicken etc... I'd have said one moment I'll get the app up on my phone showing my card payments (actually I wouldn't as i didn't have my phone). Blindly expecting people to follow you with no explanation is not reasonable in my book.

Again in the car park there was no need for any physicality. I would have stood and waited if he'd agreed to call the Police. I never laid a finger on anyone until I'd been manhandled and knocked over. Again there was no request other than I couldn't go anywhere. Perhaps if he'd said why I couldn't go an what he thought I'd done I could have resolved it.

It's worth remembering here - the police have confirmed there is no report of a theft. He did this because I didn't follow him around.

What is reasonable to you? Should I have let him pat me down? Perhaps taken all my clothes off so he could search me. Maybe even bend over whilst he got the lube out. It's a total liberty to stop people leaving when they have done nothing wrong.

milkround

Original Poster:

1,118 posts

79 months

Monday 15th April 2019
quotequote all
Seight_Returns said:
Just out of interest - did you subsequently check the receipt that you'd forgotten you had - just in case it showed that you'd forgotten to pay for something - in the same way that the CCTV allegedly showed that you'd forgotten you'd punched the security guard in the face ?
No I didn't. As I didn't need to. The machines weight stuff. And there were no problems with me paying for my shopping.

Put it into context. I drive an articulated lorry for this supermarket. Basic security checks are in place. But if I want to steal products sold by this supermarket I could do so in a big way with nearly no risk. But I am no thief. I'd also not need to worry about searching - I could leave them in a place and pick them up in my car later.

How much stock to you think I'm carrying in the back of a double decker artic? With no security guard and no cameras watching the back. Whilst no one in the store could know this until I told them - I think it disproves the theory I went to the shop to steal my food.

And I never forgot anything. I fully accept that I pushed him away from me. I do not believe I punched him. I do not think my fist was closed. As I've said a large number of times. I will post the footage when I have it. I will also post my site access cards to the distribution centre if that helps you believe that me and my partner are not shoplifters. We are normal people who did not deserve to be treated like this.

milkround

Original Poster:

1,118 posts

79 months

Monday 15th April 2019
quotequote all
Grahamdub said:
Was it Aldi ? Does his girlfriend work on the tills ?
No. I've never driven for them. I've driven for the Orange supermarket and the Blue one. And I've never seen or experienced anything like this.

My partner usually works in a hospital. But locums to earn extra money in the evenings and at weekends. Shock horror here - we are not rich people. I do 13-15 hour shifts and she does a normal job and extra work on top. We'd like to buy a property and live in the south of England. However, the idea she'd risk her career as a pharmacist to steal some food is equally laughable as me pinching something from the stores I deliver too.