Employees of a Salem towing company arrested
after refusing to release undercover police vehicles from an impound lot are
threatening legal action against Salem and Keizer police along with the Drug
Enforcement Administration.
Claims could include assault, battery, abuse
of process, false arrest, malicious prosecution, false imprisonment,
intentional infliction of emotional distress and violating due process along
with the Oregon and U.S. Constitutions, according to a May 2 letter sent by
Kevin Lafky. He’s representing Bales and Brady West LLC, Bradley Kelley,
Timothy Hall and Gary Dental. A tort notice is typically sent by the
purportedly aggrieved party to another person, company or agency whom they
intend to file a lawsuit against.
The letter states Sgt. Andrew Roberts of
Salem Police along with Det. Jeff Johnson of Keizer Police, Resident Agent in
Charge Tyson Hodges and SPD Det. Gerrit Roelof were conducting surveillance on
an apartment at 3985 Hayesville Drive NE in Salem. They were driving vehicles
registered to fictitious names, the letter says.
When serving a search warrant on or about
January 27, the officers parked in a grass and gravel lot near the apartment
building – a lot marked with at least one sign from Bales and Brady threatening
impound to “unauthorized or improperly parked vehicles,” the letter states, and
the lot’s owner was not notified.
While officers were serving the warrant, the
vehicles were towed to an impound lot on Glen Creek Road in west Salem.
According to the letter, Roelof and Johnson arrived and “demanded the immediate
return of their vehicles.” Staff said they could not release the vehicles until
the officers produced proof of ownership, Lafky wrote, but authorities said
they couldn’t produce proof immediately due to the fake registration
information.
Roberts then showed his badge and picture
identification, saying the vehicles needed to be released right away due to an
active investigation, the letter states, but two of the employees continued to
insist on proof of ownership and permission to release the vehicles. Hall then
contacted a supervisor for advice and was placed on hold while one of the
officers threatened to arrest Hall and Kelley if the vehicles were not
immediately released.
“Chill out dude, I’m calling my boss,” Hall
told Roberts, according to the letter.
While still on hold, Roberts arrested Hall
and Kelley for obstructing governmental administration, the letter states.
Officers found the keys to the tow yard on the employees, unlocked the gate and
took their vehicles. The two lot employees were taken to the Polk County Jail.