There is an interesting criminal case out of Florida in which FedEx driver Latavion Lewis was charged with grand theft, illegal dumping, and an organized scheme to defraud. Yet, in this case, the grand theft was to throw out packages rather than deliver them. It is a type of Grinch Grand Theft charge that only raises questions about the handling of a certain case in 1966.
FedEx received reports of packages strewn along roads and in the woods around Bonifay, Florida. Police recounted that”during the interview, Lewis admitted to deputies that, due to the late hour, he chose to discard the undelivered packages at several locations rather than return them to the FedEx warehouse.”
Roughly 44 packages were recovered as of December 21.
Under the Florida statute, grand theft is applied even if the crime is meant to deprive someone of property without a desire to actually use or retain the property for oneself:
“812.014 Theft.—
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”
The dumping charge is more straightforward. However, it raises new questions about this holiday felon who first stole presents and clearly committed grand theft but then tossed them back in a haphazard way into the town square of Whoville:
The record is clear as to the intent of the Grinch when “he got an idea. An awful idea. The Grinch got a wonderful, awful idea.” He wanted to deny the Whos of Whoville their presents. As in the Florida case, the Grinch wanted only to deprive Whoville families of the gifts and would meet the definition under subsection (a).
However, when his heart grew and he returned the gifts, he did not return them to individual victims but threw them into the town square. It seems clear that, despite being a redemptive sinner, the Grinch should still have been prosecuted for grand theft under this standard. This rehabilitation would seem a matter for sentencing. It is true that “he brought everything back, all the food for the feast. And he, he himself, the Grinch – carved the roast beast.” However, that was only after his plan failed, Christmas came and he had a literal change of heart.
Nevertheless, his counsel can claim that his soul is no longer ” an appalling dump-heap, overflowing with the most disgraceful assortment of rubbish imaginable, mangled up in tangled up knots.” I would argue for probation and possible cave confinement.
* The delivery person doesn’t know theft is wrong if you can get away with it then no one will know makes it right. He simply doesn’t believe in theft. He knows there’s a law about theft but he disagrees with it. He likes stealing and that makes it right. It’s the same with all crime.
There are many such people as this man. Legion as it goes…
His parents are to blame — they should have never named him Latavion, which means ‘dumb-shite’ in Swahili.
It is true that “he brought everything back, all the food for the feast. And he, he himself, the Grinch – carved the roast beast.” However, that was only after his plan failed, Christmas came and he had a literal change of heart.
============
Well, technically speaking this is incorrect. Grinch did not have a CHANGE of heart, his heart GREW THREE SIZES, which is a physiological change. I would argue diminished capacity did not allow Grinch the mental state of mind to engage in Theft/Larceny when he stole the presents because his heart was not capable of love at that time, depriving Grinch of a clear mental process, hence no liability.
Happy Holidays Professor.
Prof. Turley, you don’t mention the other theft – that of wages from his employer while claiming to have performed his service. I am assuming that FEDEX fired him but have they recovered the pay provided for services not delivered?
Dennis McIntyresome and Gigenious have absolutely no contributory raison d’etre on the Turley Blog.
Like ghosts, they died in the election and are woefully unable to find their way to the light, possessing no profound coherence, concepts or notions.
These vile trolls persist merely for unconstructive and deleterious purpose.
BAN FOR LIFE!
I second the motion!
Jonathan: Just what DJT deserves–a civil war inside the MAGA movement. While DJT was playing golf in Fl a fight broke out this week between Elon Musk and the luminaries of the far right–Steve Bannon and Laura Loomer– over the H1B visa program. Bannon and Loomer hate the H1B program because they claim it is taking jobs away from white Americans. Bannon said: “Musk is a total and complete phony. He is owned lock, stock and barrel by the Chinese Communist Party”.
Finally, yesterday came out in support of Musk: “I have many H1B visas on my properties. I’ve been a believer in H1B. I have used it many times. It’s a great program”. DJT’s turnabout was not unexpected. He probably received a call from his “buddy” Elon who put the issue in stark terms–something along these lines: “Donald, I spent $250 million to get you elected. It’s pay back time!”.
DJT has a lot to explain to his base. During the campaign he promised his supporters he would deport the “criminal illegals”, deploy tariffs to help create jobs for ordinary white Americans and severely restrict immigration. DJT has not even been inaugurated and he has gone back on that promise. He has even selected Sriram Kristnan, an Indian American venture capitalist, to be his AI advisor.
The Q is why Musk and DJT like the H1B visa program? It’s the “Great Replacement” theory in action. American workers can be replaced with workers from India at much less cost. It’s pretty clear. Musk now owns DJT and will use their close personal relationship to protect his businesses and enrich himself even further–if that’s possible. And what happens to the MAGA base–the working stiffs who thought DJT will protect their jobs, bring down grocery prices, the cost of housing, etc? That’s already in the rear view mirrors of DJT and Musk!
Dennis McIntyresome
Dennis: thanks. I read that an item high on Musk’s wish list is to do away with the requirement that every collision involving one of his self-driving vehicles be reported and investigated as to what went wrong. That’s just for starters. Imagine what will happen when people don’t know the true stats on how dangerous these vehicles can be. Reporting these incidents and investigating the causes are the only way that they can fix problems.
@Gigi: Dennis: thanks.
Gigi, how long have Dennis and you been fouling the same bed while performing as the two main characters of The Three Democrat Stooges slapstick comedy act?
Normal Americans wouldn’t go within ten feet of either one of you unless they were wearing a full hazmat suit and carrying two bags: one for you and one for them.
GET A LIFE/JOB DENNIS
Dem tears still flowing
The H1B visa program is being abused. It is amazing how India is attacking the US currency worldwide (BRICS) but it’s okay they use the H1B visa program extensively. The USA does not have enough technical engineers. A typical USA engineers is costed at $50-100/hr, while an Indian engineer is $10-25/hr. Foreign engineers fill a void caused by US culture and our poor educational system in developing technical talent. Go investigate data from IEEE.
When the USPS is privatized, postal workers will vote for the Teamsters union and demand the “comparable pay” of UPS delivery workers, which is $175K.
UPS was “gifted” the cream off the top of the post office—parcels—its most profitable segment.
The Post Office did and continues to deliver parcels, oh, and everything else under the sun.
There is no difference between the Post Office and the “fake” United Parcel Service, with the sole exception of the UPS Public Relations and Image Enhancement Department.
The Postal Service Teamsters will demand a “leveling” with their brothers in delivery, the UPS Teamsters.
Stop all delivery. Shop local, in stores.
Yes, the idea of depriving use of their property is theft and from that we get vandalism. Vandalism is theft but you all love graffiti and the hideous paintings everywhere. Theft of eyes to eyesore.
The guy intended to go retrieve the loot later. Numbskull
And they want to privatize the post office.
Jonathan: You’re late to the party. The FedEx case was reported by the NY Post and other media 5 days ago. That said, charging the FedEx driver with grand theft seems a bit of overkill. The driver says he dumped about 40 packages in the woods because it was late at night and he was running late getting back to the warehouse. He never intended to convert the packages to his own use.
This case illustrates a problem with working conditions at FedEx. The average pay for FedEx ground drivers in FL is about $15.61 per hour. Hardly a living wage. FedEx drivers around the country complain about high package volume during peak seasons, like Christmas, pressure to maintain tight time windows, harassment by supervisors, unsafe driving condition at night, especially for female drivers, low pay and being classified as independent contractors with limited benefits. These same conditions have prompted Amazon drivers to strike around the country. Of course, Jeff Bezos isn’t concerned about his workers and their low pay (average pay for Amazon drivers in FL is about $17.89 per hour) and poor working conditions. He’s now living the high life at Indian Creek Village in FL!
Maybe the real Grinch here is not Latavion Lewis but management practices at FedEx and Amazon. A thought that apparently never crossed your mind.
Jeez. I hope no surgeons out there get over stressed and fail to suture up patients cuz tired and ‘feel’ overworked.
For once, you are right about something. Although, I think that you are way low on the FedEx pay amount. But yes, there is a tremendous amount of stress, and Americans have been made weaker by Leftism and Democrats, to where they are less able to handle stress.
UPS deliveryb75 – 100 thou salary
Everything Dennis says has nothing to do with anything in this story.
And yet all those other FedEx employees who agreed to accept the responsibilities specified in their contracts managed to make their deliveries. What fools they were, eh Dennis?
Yeah, I have a nice bridge for sale this week.
* you don’t know right from wrong. He was going back later to the woods to open his presents.
A job you could not do DENNIS!! May they crush all of your deliveries!
@Dennis McIntyre: Jonathan: You’re late to the party. The FedEx case was reported by the NY Post and other media 5 days ago.
Oh how cute! And here you are almost every day, trolling Professor Turley by using his blog as your own to write about events covered in the media MONTHS AGO.
There’s a good reason that the only one willing to share that foul bed of yours is Gigi.
Delivery people are stressed and overworked. FedEx should have an employee help system for these situations, just like for drunks, who can call for a free ride. Latavion would have probably been fussed at if he had returned with undelivered packages. The poor dude just couldn’t take it. That is my opinion.
Now that Latavion has completed his internship at FedEx, he’s ready for the USPS.
LATAVION
enough said
YOU could not handle the job at EITHER ONE!!
Hi Floyd: Maybe FedEx should hire temporary holiday help, like the USPS has done for decades. Lots of people could use extra cash at Christmastime. They could even use Uber, Lyft, Door Dash and other people who already deliver things and know the streets and addresses. I’ve seen FedEx and UPS drivers speeding, running from the truck, throwing packages at porches, etc.. No one should be excessively stressed out when FedEx knows the volume will be very high–a little planning could make for a better holiday season for everyone.
I am pretty sure that FedEx does hire seasonal help, and temporary help during the rest of the year, as needed. One guy delivers FedEx to me in a rent-a-truck, usually my Chewy orders. But no matter how many people they hire, they can’t really know the exact workload in advance. Amazon has started making deliveries in my neighborhood, and I usually chose the low carbon delivery option, which takes the rush off them. Plus, they are usually here early with my stuff. Like today, they brought my Green Cosmos hot pot thingy, so I can start eating more oatmeal and grits. Oatmeal and grits are pretty cheap, and good for you. Plus, it has a steamer on top of it, so I can do more cabbage with less hot water. And small batches of rice. I also bought two replacement lids for my Papa Bear tumbler. I was hoping they would fit my S’Well 15 ounce cat tumblers, but they were just a bit small. So, I ordered 2 of the 3.3 inch lids. I hope they fit. S’well does not seem to sell replacement lids for them, and I have 6 of the boogers.
Well, it’s appalling that FedEx and UPS haven’t kept up with technology, compared to Amazon, Uber & Lyft, Walmart+, to let the customer track a package on its last leg. I get better notification from USPS, and that says alot! Apparently, FedEx uses third party contractors, who have the FedEx trucks, and the Corporation, doesn’t have a GPS window into a certain routes travel. The third party only reports that a driver was “in the area” according to a FedEx customer service rep. Most people don’t have any idea, about this arrangement. Like me, we just assumed they were all FedEx employees. NOT! And they only give you an “adjustable” 4 hour delivery window, which changes eventually, to, “by the end of the day” which they don’t define! 😳
Actually….there is a crime called “Theft By Servant” that adds penalty to mere theft of any kind….that is breach of trust in the stealing known as “purloin”. The Fed Up Driver was entrusted to safely deliver those shipments…each and every one to the appointed place. Plainly he violated that trust by his actions…no. matter his motive, the time period the goods were out of his custody, and their final disposition.
Bottomline….he deserves contempt, prosecution, conviction, and punishment…..and I would suggest it be requiring him to clean up illegal dump sites that plague society these days.
That way the Grinch winds up doing society a good deed and gives to others as is the spirit of Christmas.
I ascertain which shipper my provider uses and favor Buster Brown way ahead of Fed Up.
Difference being Buster Brown has employees and Fed Up has contractors.
He doesn’t know right from wrong. Criminal record? Take them back to warehouse to undelivered location. Reschedule. Fire him. Look at managed workload , hire more employees, cut workday to 6 hours.
I would argue for probation and possible cave confinement.
Better to follow the counsel of Blaise Pascal vis a vis God-shaped hole
What else does this craving, and this helplessness, proclaim but that there was once in man a true happiness, of which all that now remains is the empty print and trace? This he tries in vain to fill with everything around him, seeking in things that are not there the help he cannot find in those that are, though none can help, since this infinite abyss can be filled only with an infinite and immutable object; in other words by God himself.”
– Blaise Pascal, Pensées VII (425)
The culture is depraved. Time to return to our Western Civilization roots as Martin Scorsese shows
“Time to return to our Western Civilization roots . . .”
Still peddling that historical lie.
Still can’t explain the 1,000 year gap between the start of Christianity and the start of Western civilization (the Renaissance).
Still trying to evade Christianity’s dominance over that 1,000 year period (the Dark/Middle Ages).
Still trying to evade ancient Greece’s obvious role in the founding of Western civilization.
If a doctor were peddling to patients what you’re peddling, he’d lose his license.
* In spite of your protestations, Sam, a man called Jesus gave 10 laws to those without laws. He died because he did that. Those laws make all the difference.
“. . . this holiday felon who first stole presents and *clearly committed grand theft* . . .” (JT’s scurrilous charge, emphasis added)
As attorney for the defense, I get your charges thrown out in a heartbeat (even if my client has no heart).
Grand theft (1st, 2nd, 3rd degree?) depends on jurisdiction. Whoville is allegedly on “a speck of dust.” Or is it “inside a snowflake, south of Mt. Crumpit?” Since the where of my client’s alleged crime is arbitrary and capricious, so is the governing authority. Hell, we can’t even figure out where the damn courthouse is.
In the alternative, my client clearly had no intent to keep the allegedly stolen property — as he willingly returned everything the next day. Without intent, the most you’ve got is petty theft. (And by overcharging, you’re subjecting my client to lawfare.)
And good luck getting an alleged victim to file a complaint. Whoville citizens welcomed my client with open arms. They even let him carve the roast-beast.
I know a few folks in Florida who receive their meds via Fedex, some of which are critical, which is why they use FEDEX in the first place. Now, I know this job requires little, but there are likely harmed victims in this case, just ones we won’t hear about. This ex-employee would make a better garbage collector as a future career.
Garbage collector in a chain gang.
Right in which case a more serious crime . He wouldn’t care. He doesn’t believe in your laws. In the world of thieves all that matters is getting caught. Theft is a common crime.
Statute of limitations still applies to the Grinch… unless he’s a Republican in NY.
The snow in Hooville would seem to indicate that is is not in the state of Florida. Nor do we know the aggregate value of the Hoos’ gifts. So we would need to know the precise definition of grand theft wherever Hooville is located to ascertain whether the Grinch was a actually guilty of that crime. Possibly under that unknown jurisdiction, the Grinch would have been adjudged to have made sufficient restitution.
think you meant Hoodville
It’s still mail and tampering with mail is a federal felony.
Fed Ex is not “mail”, they are a private package and document courier, not the USPS.
Fah who foraze! Dah who doraze!
Welcome Christmas, come this way!
Fah who foraze! Dah who doraze!
Welcome Christmas, Christmas Day!
No wonder you are Anonymous