Advertising someone else's stuff on Craigslist

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Alluveal
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Advertising someone else's stuff on Craigslist

Post by Alluveal »

What should happen in cases like this?

In short, someone advertised their neighbor's basketball portable basketball goal on Craigslist (free! Come pick it up!) in order to get ride of junk in said_neighbor's driveway.
MANSFIELD – Sherry Johnson Huwitt was standing at her kitchen window in her bathrobe shortly before dawn a couple of weeks ago when two strangers pulled up and started loading the portable basketball goal from the side of her house into a truck.

When the Mansfield woman ran outside to confront them, they said they weren't stealing because the item was offered for the taking on Craigslist.

"What the hell is Craigslist?" she asked.

Huwitt had never heard of the advertising Web site and hadn't posted any such ad. Someone else did: Free basket ball goal and tether ball pole. At dead end of roadway beside my home...(address) dont knock its placed out there for you to come get. will delete when gone. thanks.

The e-mail address Craigslist identified as the sender of the ad belongs to one of Huwitt's neighbors, Chad Lee Hickey, an Arlington police officer. Arlington Police Department spokesman Blake Miller will say only that the department is conducting an internal investigation of an employee.

Hickey, 29, could not be reached for comment. His attorney, Richard Carter, said Arlington police rules prohibit him or Hickey from discussing the allegations.

Meanwhile, Mansfield police and the Tarrant County district attorney's office are trying to determine whether a crime has been committed.

"The reporting officer originally wrote the offense for forgery," said Sgt. Stan Davis of the Mansfield Police Department. "We don't really know what the offense is yet. There are several different offenses that might fit. That's why the district attorney is reviewing it, to find out if there is a criminal offense and, if so, to find out which offense fits the best."Regardless of what law enforcement officials eventually decide, Huwitt believes she has been victimized and says Hickey should at least lose his job.

"He put my life in danger, and my daughters," she said. "I just ran out there. Those guys could have killed me.

"I could have grabbed a shotgun and shot it over nothing," she said. "And he's a police officer. How can he endanger people's lives like that?"

The case is a first for veteran Tarrant County prosecutor Dixie Bersano.

"I'm having to look up a lot of the law," she said, "to determine one, if the law was broken, and what that law is."
Lots of strangers

When the first two men told her about the ad and offered to unload the basketball goal from their truck, Huwitt called her husband. He said that he didn't place the Craigslist ad. But he told her that the men could have the goal because he planned to buy a new one anyway.

Craigslist deleted the ad, but strangers came by the Huwitt house all day. "Me and my neighbor had to run them off," she said.

Despite those efforts, someone eventually made off with the tetherball pole.

Huwitt and her family have lived for three years in the Remington Ranch neighborhood, which is billed by the Homeowners Association as "a community of 'good-ole' friendly neighbors."

Her husband, Leon, serves on the board of the homeowners association. Dewayne Morris, a vice president of the association and a friend of Leon Huwitt, described him as "one of the most upstanding members of our neighborhood."

The Huwitts' home was honored as "yard of the month" last year, Morris said.

Association president Daryle Perez declined to comment, saying the incident was an issue between neighbors, not a board matter. He did confirm that Hickey and his wife recently resigned from the association's Declarations & Bylaws Committee.

According to a copy of the resignation letter provided by Sherry Huwitt, Hickey apologized "for any and all upset feelings. Due to the items needing to be removed since they were not properly taken care of, I thought of a solution that was wrong to a valid issue. I regret my decision and wish I could take it back."

Huwitt, 46, said she does not have any more "junk" in her yard than anyone else and is not aware of any other Remington Ranch resident being the victim of such an ad.

"To me, it's racial," said Huwitt, who is African-American. Hickey is white. "You can look at it any other way, but that's the way I look at it."

Civil case?
David Ardia, director of the Citizen Law Project at the Berkland Center for Internet & Society at Harvard Law School, said the dispute probably belongs in a civil, not criminal, court.

"My intuition is that there isn't likely to be something you can charge him with," Ardia said. "Things like fraud and forgery and those kinds of crimes are really meant to address people who engage in these kinds of activities to benefit themselves financially. ... Perhaps he's benefiting in some way from her yard having fewer things in it, but that's not the kind of benefit that laws are meant to prevent."

This kind of incident "leaves a bad taste in your mouth and you think to yourself, 'something has happened here that feels wrong,' " he said. "But we can't have, don't have, a set of criminal laws that go after everything that feels wrong in our society."

Internet advertising is a new tool, Ardia added, but "these are things people have been doing to hurt others for ... years."

In the past, people posted fake classified ads in newspapers, scrawled "call for a good time" telephone numbers on the bathroom wall, or posted false garage sale signs on neighborhood telephone poles.

But with the Internet, "it's easier to do it, perhaps, and certainly able to reach more people."
[/quote]


http://www.dallasnews.com/sharedcontent ... 69fd3.html
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Re: Advertising someone else's stuff on Craigslist

Post by Torakus »

I think it has some comic value, but I do feel for the lady who was the "victim" here. Although I detest her immediate assumption and assertion (without any explanation or proof) that it was racially motivated. Considering the fact that they were both officers in the HOA, I imagine there is a bit more to it. I find it likely that the items in question somehow violate a rarely enforced policy and that the police officer had at least made an attempt to enforce that. I might be assuming too much though.

Either way, it was a dick move that could have ended up getting someone hurt, especially considering this woman's immediate assumption that everything is racially motivated.
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Re: Advertising someone else's stuff on Craigslist

Post by Select »

"I could have grabbed a shotgun and shot it over nothing," she said.
That disturbed me most. Followed by the racial claim. I wonder if they won't pursue it at much as they should because he's an officer?
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Re: Advertising someone else's stuff on Craigslist

Post by Ddrak »

"He put my life in danger, and my daughters," she said. "I just ran out there. Those guys could have killed me.

"I could have grabbed a shotgun and shot it over nothing," she said. "And he's a police officer. How can he endanger people's lives like that?"
The fuck is that shit? I don't even know where to start with how wrong those comments seem to me. If someone's life was in danger from this stunt then both the woman and the neighborhood are seriously fucked up. The racial thing is pretty disturbing as well.

The obvious crime is fraud, but it depends on how the DA wants the charges to go down.

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Re: Advertising someone else's stuff on Craigslist

Post by Mukik »

Well, they live in Texas, the land of guns, girls and falling down training facilities.
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Re: Advertising someone else's stuff on Craigslist

Post by Select »

Last I checked, about every land has little girls. Most have guns too. No idea about those facilities :P
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Re: Advertising someone else's stuff on Craigslist

Post by Ariannda Kusanagi »

Personally i think it is ingenious, albeit wrong and unfair to the neighbors. It hardly seems racially motivated, it seems as if he had a problem with their stuff, brought it up to the Homeowners Association and when they didn't do anything he went the vigilante route and took matters into his own hands. Very smart idea, just not necessarily applied in the best of ways.
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Re: Advertising someone else's stuff on Craigslist

Post by Rykilth »

Select wrote:
"I could have grabbed a shotgun and shot it over nothing," she said.
That disturbed me most. Followed by the racial claim. I wonder if they won't pursue it at much as they should because he's an officer?
Chances are because it's now in the media, it will most likely be pursued aggressively.
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Re: Advertising someone else's stuff on Craigslist

Post by Ddrak »

Ariannda Kusanagi wrote:Personally i think it is ingenious, albeit wrong and unfair to the neighbors. It hardly seems racially motivated, it seems as if he had a problem with their stuff, brought it up to the Homeowners Association and when they didn't do anything he went the vigilante route and took matters into his own hands. Very smart idea, just not necessarily applied in the best of ways.
"Ingenious" and "smart" are not the terms I would have used for it. Something closer to "batshit stupid" comes to mind, in a "seemed like a good idea at the time" sort of way. You know, like a Darwin award but less extreme.

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Re: Advertising someone else's stuff on Craigslist

Post by Garrdor »

Imma try this one. Will post details soon.
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Re: Advertising someone else's stuff on Craigslist

Post by Ariannda Kusanagi »

Ddrak wrote:
Ariannda Kusanagi wrote:Personally i think it is ingenious, albeit wrong and unfair to the neighbors. It hardly seems racially motivated, it seems as if he had a problem with their stuff, brought it up to the Homeowners Association and when they didn't do anything he went the vigilante route and took matters into his own hands. Very smart idea, just not necessarily applied in the best of ways.
"Ingenious" and "smart" are not the terms I would have used for it. Something closer to "batshit stupid" comes to mind, in a "seemed like a good idea at the time" sort of way. You know, like a Darwin award but less extreme.

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Oh it was terribly stupid to carry OUT, but the conception of the idea itself was terrific /shrug
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Re: Advertising someone else's stuff on Craigslist

Post by Klast Brell »

If they had posted with a fake account they might have gotten away with it. While you are at it you might as well go down to the coffee shop and post from there so they cant trace the IP address.
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Re: Advertising someone else's stuff on Craigslist

Post by Ddrak »

Ariannda Kusanagi wrote:Oh it was terribly stupid to carry OUT, but the conception of the idea itself was terrific /shrug
When you hear a drunk redneck say "Hey y'all - I just thought of something really clever. Lookit this!", run like hell.

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Re: Advertising someone else's stuff on Craigslist

Post by Ariannda Kusanagi »

Ddrak wrote:
Ariannda Kusanagi wrote:Oh it was terribly stupid to carry OUT, but the conception of the idea itself was terrific /shrug
When you hear a drunk redneck say "Hey y'all - I just thought of something really clever. Lookit this!", run like hell.

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Re: Advertising someone else's stuff on Craigslist

Post by Harlowe »

I think the idea was stupid, childish and criminal. If the city or homeowner's association won't deal with it, then it's just too damn bad. That means they are allowed their shitty portable sporting equipment in their driveway, that is their right.
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Re: Advertising someone else's stuff on Craigslist

Post by Klast Brell »

I can think of a variety of charges. Fraud, Accessory to robbery, Use of a computer in the commission of a crime.
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Re: Advertising someone else's stuff on Craigslist

Post by Embar Angylwrath »

Klast Brell wrote:I can think of a variety of charges. Fraud, Accessory to robbery, Use of a computer in the commission of a crime.
Nope, nope and nope.

No intent for financial gain = no fraud. (Unless they can make the argument that the removal of the items somehow gave the cop a financial benefit, like increased property value.. but thats a big legal stretch)

Robbery doesn't apply. Burglary maybe, but even then I doubt it, because the people picking up the material had no intent to commit a crime.

No crime = can't be charged withuse of a computer in the commission of a crime.

If anything, this is a civil matter, not a criminal one.
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Re: Advertising someone else's stuff on Craigslist

Post by Harlowe »

I doubt there is nothing criminal in the act of giving away someone else's property.
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Re: Advertising someone else's stuff on Craigslist

Post by Embar Angylwrath »

He didn't give it away. He never took possession of the property, nor had possession at any time. He received no financial gain. I don't think he even used their name in the post, so identity theft is out too.

Here's the post...
Free basket ball goal and tether ball pole. At dead end of roadway beside my home...(address) dont knock its placed out there for you to come get. will delete when gone. thanks.
Then there was subsequent permission by the owner to give the basketball goal away.
He said that he didn't place the Craigslist ad. But he told her that the men could have the goal because he planned to buy a new one anyway.
And then an expert weighs in on the criminality (or lack thereof) in the matter.
David Ardia, director of the Citizen Law Project at the Berkland Center for Internet & Society at Harvard Law School, said the dispute probably belongs in a civil, not criminal, court.
There was no crime committed.
Correction Mr. President, I DID build this, and please give Lurker a hug, we wouldn't want to damage his self-esteem.

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Re: Advertising someone else's stuff on Craigslist

Post by Harlowe »

Sure there was, advertising to give away someone else's property. Just like having someone cut down someone else's tree for "free wood" wouldn't be legal. Saying it "probably belongs" in civil court isn't exactly saying there is no illegal act committed what-so-ever.
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