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Repo man takes San Jose mom's car with 2-year-old in back seat
San Jose Mercury News ^ | 1/14/10 | Lisa Fernandez

Posted on 01/14/2010 1:05:08 PM PST by SmithL

Isabel Luevano was late with her car payment.

On Tuesday night, the repo man came.

Trouble was, when he snatched back her 2000 Honda Accord, her 2-year-old son, Cyrus Lopez, was repossessed, too. He was asleep in the back seat.

Frantic, Luevano called 911. She thought the car — and her child — had been stolen right before her eyes as she stepped outside to pick up her 6-year-old daughter.

Police swarmed to her rescue. A search helicopter circled in the air.

And 31 minutes later, San Jose police found the boy after astutely figuring out they should call Alberto's Auto Sales on East Santa Clara Street. When they did, they discovered that little Cyrus was in the dealer's lobby, his eyelashes stuck together in clumps because he had been crying so hard.

"It was a nightmare," Luevano told the Mercury News. "I thought I was losing my mind. I kept thinking, 'Who hates me enough to take my son?' I was freaking out."

Wednesday, Cyrus stayed home from day care to stay close to Mom.

San Jose police Sgt. Ronnie Lopez said the car dealership owner, Alberto Luna, 47, said he discovered a boy in the back seat of the car he had repossessed just about the same time police were calling his son, Jose Luna, 23, at the dealership to alert them he had driven off with a toddler. The two promptly admitted they had the boy.

The Santa Clara County District Attorney's Office is looking into what happened. But to arrest Advertisement on kidnapping charges, Lopez said, police have to show there was intent.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Local News
KEYWORDS: repossession; sanjose

1 posted on 01/14/2010 1:05:13 PM PST by SmithL
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To: SmithL

So why did the mom leave the rug rat in the car she should be arrested for child abuse


2 posted on 01/14/2010 1:07:54 PM PST by al baby (Hi Mom sarc ;))
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To: SmithL

Wow!

What happened?

She didn’t pay her car loan OR her pediatrician’s bill?


3 posted on 01/14/2010 1:08:21 PM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: SmithL
I just noticed something weird: The mom's last name is different than her baby's last name.

Golly, that's never happened before.

4 posted on 01/14/2010 1:08:22 PM PST by I Buried My Guns (BLOAT: Buy Lots Of Ammo Today)
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To: al baby
So why did the mom leave the rug rat in the car she should be arrested for child abuse

Shhh, you're ruing a good story.. Ain't those repo men just horrible ??

5 posted on 01/14/2010 1:10:26 PM PST by Nonstatist
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To: SmithL

The bigger question is, who the hell finances a 10-year-old car?


6 posted on 01/14/2010 1:10:56 PM PST by ZirconEncrustedTweezers (STOP GLOBAL WHINING!!)
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To: Nonstatist

Need to get Dog the Bounty hunter on this, maybe it could be a reality show with that disfuntional father of Sarah Palin’s grandson


7 posted on 01/14/2010 1:12:51 PM PST by shadeaud ("If you can't beat them, arrange to have them beaten." -- George Carlin)
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To: SmithL

The life of a Repo Man is always intense.


8 posted on 01/14/2010 1:14:17 PM PST by dfwgator
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To: SmithL

Sounds like both the repo men and the mother will be in some trouble over this by the time the story is done. You never leave a child unattended in a car even for half a second for any reason!


9 posted on 01/14/2010 1:17:04 PM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: ZirconEncrustedTweezers
The bigger question is, who the hell finances a 10-year-old car?

People with terrible credit and little cash.

10 posted on 01/14/2010 1:18:21 PM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: ZirconEncrustedTweezers
What you are seeing is a form of "rental".

It's a common practice in poor communities for a local wheeler-dealer to fix up and "sell" klunkers for $100 down and so much per month.

If the car breaks down the "owner" calls the car dealer and tells him where to pick it up (and stops paying for it).

Frequently someone will need a car for only a short period of time and the downpayment plus monthly will be far less costly than any comparable rental. They'll see one of these dealers, pick up a car, drive it for the purposes they had in mind, then stop paying.

I'm just describing the practice, but I think it has a bit to do with zoning permits for commercial garages, automobile property and casualty insurance, the true cost of ownership to "the poor", and the benefits of shifting titles to evade unnecessarily harsh encounters with agencies that regulate automobile rental companies.

It's been a number of decades ago when I was let in on the secrets of this business by a couple of graduate students from Angola (a country in Africa). They needed a car for 6 weeks so they went to Indianapolis one weekend to "buy one", and did so.

At the end of the semester they got their degrees and went back home. The repo guy presumably picked up the car.

One of the students said "America is the greatest country in the world. A black man without any resources and no credit rating of any kind can buy a car."

11 posted on 01/14/2010 1:21:28 PM PST by muawiyah ("Git Out The Way")
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To: al baby

Sounds like the repo guys were following her and waiting for her to get out of the car. When she stopped to pick up her daughter (probably at school), they struck.


12 posted on 01/14/2010 1:24:47 PM PST by Anitius Severinus Boethius
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To: SmithL

I’m sure he didn’t take it on purpose with the kid in it...


13 posted on 01/14/2010 1:25:49 PM PST by Fawn (When it comes to chocolate, resistance is futile.)
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To: SmithL

Well from the sound of it, he followed her and snatched the car when she stepped out. Charge him with kidnapping cause that IS what he did.

They should always check out a car to see if anything is in it. Sorry, but if I was the judge, he would be doing time.

I am not excusing the mother, by the way. But, not making a car payment does not excuse snatching her child and that is exactly what they did. You try it and you WILL be in jail.


14 posted on 01/14/2010 1:27:47 PM PST by packrat35 (Democrat Healthcare is a 9-11 Attack on the Constitution)
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To: muawiyah

There’s a lot of money to be made in poverty...


15 posted on 01/14/2010 1:32:57 PM PST by Made In The USA (The only thing better than bacon, is bacon wrapped in bacon.)
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To: al baby

She wanted the repo man to alert her to the taking


16 posted on 01/14/2010 1:37:05 PM PST by bert (K.E. N.P. +12 . Tax the poor. They are a drag on society)
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To: bert

It’s ordinarily the case that the people into selling clunkers make sure this doesn’t happen by first notifying the miscreant that “time’s up”. After all, these people will be repeat business in the future so you don’t want to get them all upset and nasty.


17 posted on 01/14/2010 1:44:03 PM PST by muawiyah ("Git Out The Way")
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To: dfwgator
The life of a Repo Man is always intense.


18 posted on 01/14/2010 1:45:23 PM PST by al_c (http://www.blowoutcongress.com)
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To: packrat35

I wouldn’t come down too hard on the repo man. They only wanted the car, not the kid.

What if they had found him in the middle of repossessing - what’s their option, drop the kid on the sidewalk and hope he gets found - that’s true reckless endangerment or abandonment, and they’re in even worse trouble. I don’t think they had a whole lot of choice.


19 posted on 01/14/2010 1:49:33 PM PST by LussaO
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To: packrat35

As the article says, for a crime to be committed there must be criminal intent.

I’ve read of people getting into a car identical to theirs and driving away. The key happened to work.

They didn’t commit grand theft auto because there was no intent to steal.

In this case they were apparently legally repoing the car and were unaware the child was in it. No criminal intent, no crime.

Glad the kid is ok.


20 posted on 01/14/2010 1:49:51 PM PST by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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Comment #21 Removed by Moderator

To: muawiyah

I went to see a junk dealer who owned a Prelude with parts I needed. He bought junk Saturns and rebuilt them from the various parts and pieces. He then sold them to the large mexican population at the chicken plant. Payments were in cash weekly. Miss two payments and he came to get it.

He then sold the car again. He told me he had sold the same car 4 times.

I didn’t buy his old prelude.


22 posted on 01/14/2010 1:58:51 PM PST by bert (K.E. N.P. +12 . Tax the poor. They are a drag on society)
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To: packrat35

Agreed. Cuff ‘em and take ‘em in.


23 posted on 01/14/2010 2:17:04 PM PST by darkangel82 (I don't have a superiority complex, I'm just better than you.)
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To: al baby

“So why did the mom leave the rug rat in the car she should be arrested for child abuse”

So I take it you didn’t actually read the article before commenting?

She was standing by the car, waiting for her 6 year old daughter to come out of the house. The repo man ran up, jumped in, and drove off.

If this is child abuse, how does anyone even buy gas with kids in the car?


24 posted on 01/14/2010 3:27:06 PM PST by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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To: packrat35

Well, the repo man goofed up under California law in a different way as well: it seems that they did not notify local LE that they were going to try to take the car before teh attempted repo (as required by law), nor did they notify the affected agency after they did take the car (required by common sense).

At the very least, mom should be good to go for child endangerment (no, the DA won’t file), and the repo man will have a civil liability.


25 posted on 01/14/2010 3:29:15 PM PST by absalom01 (Claire Wolfe, call your office.)
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To: chaosagent

Good lord man you fuel your car with kids in it thats horrible


26 posted on 01/14/2010 4:09:40 PM PST by al baby (Hi Mom sarc ;))
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