To unearth the roots of his anger, Darius Gemmel doesn’t need the help of a shrink. He just needs to look a few feet away, where his laptop computer gathers dust.
It was on April 29, 2011, that Gemmel’s midtown home was ransacked; among the things stolen was his MacBook Pro. As it happens, Gemmel is what you might call a detail-oriented fellow, the kind who actually logs serial numbers from his more prized possessions—you know, the way the police are always telling us to do.
Which brings us to EZ Money Pawn on East 22nd Street, where Gemmel’s computer has sat for months. He knows it’s his, because, well, he has the serial number.
So you might anticipate one of those rare happy endings, where the guy retrieves his personal property in a deeply righteous reunion. But that’s not quite how this story goes.
Instead, even though Gemmel knows where his computer is—with a bit of fibbing, he was even allowed to examine it—he can’t seem to get his MacBook back.
And get this: Even though police have identified the woman who sold Gemmel’s hot computer to EZ Money Pawn, she has yet to be charged.
Police say that Gemmel has been rude in his calls to them, employing colorful language. Meanwhile, out at EZ Money Pawn, standing amid an inventory that ranges from leaf-blowers to wedding rings, manager Tony Hernandez blames Gemmel for the dilemma. “If he was not the kind of person that he is, it might be resolved at this point,” Hernandez says. “But he’s really being difficult with the police officers and with us.”
In other words, if Darius Gemmel didn’t have such a bad attitude about getting ripped off and then finding his stolen property, only to be told that he can’t have it back—if only he’d addressed the situation with light-hearted banter instead of deepening frustration—things would be OK.
Gemmel calls the situation Kafkaesque. “The police are stonewalling me because I raised such a stink about how they handled my case,” he says. “They have done absolutely nothing to take any action against anyone.”
To be fair, the cops are up against a tapestry of laws that often seem designed to protect the pawn industry. Then there’s the fact that people often try to scam pawnshops by selling their merchandise to another person or to the shop itself, and then later claiming it was stolen. As a result, burglary victims such as Gemmel must often wait for a conviction to retrieve their property.
Those convictions do not typically come easily. “Often times, officers bring cases in, and we decline them, because we don’t have the evidence that the person (who sold the merchandise) knew that the items were stolen,” says Malena Acosta, supervisor of the Pima County Attorney Office’s property-crimes unit. “Or (the suspects) have a story that a jury perhaps would believe. … It just depends on the evidence we have.”
As for pawn shops, “they really are protected,” Acosta says. “They have a property interest in the stolen item, believe it or not. That means they can get restitution from the criminal.”
And if there is no criminal conviction, the case might go to civil court. “That’s done through law enforcement,” Acosta says. “Someone files it; you have to go to court; and the judge basically tells the victim that they can have their property back.”
How often that happens remains unclear. But Tucson does suffer roughly 5,000 burglaries per year, and all of those stolen goods certainly don’t end up at the nearest yard sale or swap meet.
In turn, riding herd on the city’s proliferating pawn shops is a time-consuming, costly endeavor. The shops are required to collect fingerprints and identification from the sellers and forward that information to the Tucson Police Department. At any given time, TPD devotes some four officers, a detective, a sergeant and office staff to scan those transactions for stolen goods. The tab for that oversight runs approximately $700,000 a year.
In 2010, the city further stiffened electronic-reporting requirements for pawn shops, and added a $1 fee to all transactions. The fees cover roughly half of the annual monitoring costs. In addition, a $1,000 licensing tax is levied against the busier shops.
Despite all that, Darius Gemmel’s computer still sits at EZ Money Pawn. He says there was a civil court hearing scheduled for May 9, when he hoped a judge would order his laptop returned. But then that date was mysteriously pulled. He admits becoming a bit cranky with the police, after getting what he describes as a big runaround.
But according to Sgt. Maria Hawke, a TPD spokeswoman, the department has taken every possible measure to close Gemmel’s case. On May 25, she says, an officer presented it to the Pima County Attorney’s Office for review. “That implies that he’s moving forward with the case. If the county attorney thinks the case is strong enough, they’ll issue it to the grand jury. But that’s a big if.
“Yes, it means that an arrest hasn’t been made yet,” Hawke says. “But it doesn’t mean it’s not being followed up on. It means they’re making sure they have the best possible case so that they don’t prematurely arrest—only to have it dismissed at the County Attorney’s Office later on, because they don’t feel like it’s a strong-enough case.”
Either way, Hawke says that keeping Gemmel from retrieving his MacBook a year after the burglary is not unusual. “If you think about it, until (police) have definitive proof that it’s the right computer, and they have a suspect in custody and can basically close out the case, it’s an item of evidence.
“So that pawnshops don’t become unwitting victims in these crimes, they’re able to hold on to the property until the case is closed. And unfortunately, that can take a very long time.”
A long time indeed. For Darius Gemmel, it amounts to 13 months and counting.
This article appears in Jun 7-13, 2012.
Sad state of affairs. He should feel thankful it is only a computer, TPD doesn’t even investigate potential murders anymore if it is more convenient to write them off as suicide.
The local police have absolutely no interest in pursuing home robberies. There are many such robberies occurring in the Tucson area. When have you ever heard about a pawn shopper operator being busted for carrying stolen merchandise…never?
If you report a home break-in to the police department, it’s a waste of time.
I have had stolen merchandise advertised on Craig’s List. When I called the Sheriff’s dept., they told me there was nothing I could do. I bought it back because it was cheaper than replacing it new. It was stolen from my business and was easily identifiable as a car top sign.Still, a little frustrating, but part of the cost of doing business. When I had a shooting at another business, the TPD confiscated my security DVR. It was never returned to this day despite numerous requests in writing to the Chief. I never received an answer!
“Too much crime to bother to investigate another home robbery.” I love how the pawn shop manager blames this poor guy!! The back story is that this poor guy’s home was burglarized again 2 weeks later, and his truck was broken into last Dec. while parked near a friend’s house. His replacement Macbook Pro was taken, along with an expensive hand gun. The police couldn’t be bothered to even fingerprint the vehicle, saying the items would “eventually pop-up at a pawn shop.”
Yea, it IS all his fault for thinking that anyone in this city, county, or state gives a freaking damm about his rights or property. This state of affairs grows worse daily, and it’s time that all victims stand up and demand our public employees actually show results for once. Blaming more crime on too much crime is unacceptable!!
About 18 months ago, a close friend was knifed 14 times on his way home from work at about 6 am by two unknown assailants and barely survived this attack. He had no money on him, and it appears to be just another “random” attack. If our peace officers would only enforce the peace, perhaps these criminals might think twice before attacking others life and limb. But as long as we allow this situation to continue, the criminals will continue to wreak havoc across our towns, laughing all the way to the pawn shops and the border!
The police and pawn shop manager claim “it’s his fault” for all this? He has the serial number of the item, filed a police report, and still can’t claim his own property? Our victim laws state that property which can be adequately portrayed by photos should be returned asap. Tell me that a computer doesn’t fall in this category!!
There must be someone out there with enough pull to help him get his stuff out of the clutches of the police and pawn industry …???
I would also use “colorful language” if this happened to me!! Take a few pictures, and give Mr. Gemmel’s property back pronto.
Hi, this is Darius Gemmel. I was thinking about organizing a non-profit victim’s assistance center after dealing with this city/state’s horror’s of bureaucracy. I have been contacted by a couple of lawyers who have offered to represent me, but I worry that it might just be “ambulance chasers” that are out for a few dollars and not the public good.
I would hate for someone to go through the same nightmares that I have had to endure. The Vinelink that is offered on the blue victim’s sheets that are given out by the police, along with the victim’s assistance networks listed on the back of the form, is completely useless. There are no updates on case status, and it is rare to even get a call back from those who are sworn to serve and protect.
I am angry. I’m not going to deny that. But when the police consistently fail to do their job, and only begin an investigation after you go to internal affairs to report that the police are not doing anything approaching adequacy, it is the right to be angry.
The pursuit of justice should not portend more doors being closed in one’s face, rather a comprehensible roadmap to equity should be outlined. I say shame on every level of government for what they put the citizen victims through (and I’ve talked to nearly everyone I could at all levels).
Thank you for your comments,
-Darius
Tucson’s crime problem will be solved once the modern streetcar is up and running.
This happened to me as well a few years ago, however the person who sold my computer skipped town, so no arrest was ever made. I had no chance of getting my computer back. The police told me in the end that I was lucky the pawn shop owner was kind enough to sell me my computer back for the price of the pawn. I was also accused of maybe giving it to someone to pawn for me, despite the fact that my entire house was ransacked and everything of value was missing. But I was in school and needed the work on that computer, so I did buy it back. I felt humiliated and degraded and victimized all over again.
This also happened to me. My mothers wedding ring was sold to Super Pawn on First and I was able to identify; they told me to call and make a report to the police, then come back with the case number. Not having a cell phone at the time, I went home to place the call. When I called the police, the officer said they couldn’t take it over the phone and for me to go back to the pawn shop and call from there (the pawn shop didn’t tell me that is what I needed to do). When I returned, they claimed they didn’t have it any more (even though the first woman I talked to said it was back in the office). They also have a distribution type set-up where they take in items (no longer pawn because they outright buy them), then send the items to a different store (making it harder for victims to identify items). Pawn shops are just legal fencing operations and the police and legislature and not vested in stopping it.
I have a similar story. My place was robbed. Stole a bunch of stuff (bike, climbing gear, etc.) including my CD collection. I went all around town to to try to find my stuff. Found about 50 of my CD’s at Zia Record Exchange. I had written my name in the CD’s. Zia had the name, address, photo copy of the driver licence of the person who sold my CD’s to Zia. The person tried to sell about 250 of my CD’s to ZIA but Zia only bought 50.
Zia called the cops and filled out a report. A few days later a different person came into Zia trying to sell 20 of the 200 that Zia didn’t buy the first time. They recognized the CD’s, called the cops immediately and kept the person in the store until the cops arrived. The cops confiscated the 20 CD’s and let the person go.
After many months of dealing with the cops, I finally got my 20 CD’s back from the police, I had to pay Zia what they payed to get my 50 CD’s back from them. I didn’t get anything else back.
When I asked the “detective” on my case if he went to the house to try to retrieve my things he said, “Those people usually fake the addresses on their driver licence.” I asked, “You didn’t even try knocking on the door and asking for my stuff back?” He replied, “no”
That same week TPD gave my best friend a $150 ticket for jaywalking.
This is outrageous. I have called and emailed everyone in the city, from the mayor on down. If y’all would like to email Tim, I’m sure he’d be happy to forward those emails to me. We have to do something, and I am willing to go to every council meeting, talk to everyone, and do everything in my power to see this doesn’t continue to happen. I am livid, but I am not stupid. I have recorded conversation after conversation with these people that supposedly “protect” this city, so if we have to take legal action against businesses, or even the city, we can do it to protect the greater good. Those that hold power lose legitimacy once they stop protecting the citizens in favor of the lobbyists and corporations who seem to really hold the power.
Here is the website for the National Pawnbrokers Association. They are the main lobby for places that “legally” fence our stolen goods:
http://act.nationalpawnbrokers.org/6241/support-amendments-to-this-fdi-act-hr-4014s-2099/
They are intending to pass legislation that would further impede our ability to get our stolen merchandise back. Contact all those who claim to represent you, and tell them to vote no on this amendment.
Thank you for listening,
-Darius Gemmel
The city manager’s spokesperson has stated that Mr. Gemmel cannot schedule a hearing which would finally determine his ownership of this computer — that the police are the ONLY persons allowed to do so. This case has been taken to the county DA’s office and they refused to do any further investigation or file criminal proceedings against the woman who pawned his computer, and her associates who probably ransacked Darius’ home. This is a closed case. Yet, the police REFUSE to even speak civilly to Darius, return the city manager’s office calls, nor file the papers which would give rise to a hearing.
It is apparent that the entire Property Crimes division is working hand in glove with the pawn shops to deny us our own property, and our city council and mayor will or can do nothing to help us!! We MUST be willing to stand up and demand that the local government enforce the victim’s rights laws as written by the state, instead of working for the pawn shop lobby!!!!!!!!
These pawn shops and 2nd shops are a conduit for OUR stolen property, ensuring that we must buy back our own goods thus paying many times the original price — through intimidation, humiliation, degradation — all with the silent consent of the city and those who are paid to “serve and protect.”
WE MUST BOYCOTT **ALL RESALE SHOPS** NOW!! We must let the city know we are done with it’s ties to the pawnshops and DEMAND our rights as citizens be respected and upheld!!!!!! Stand up Tucson for Mr. Gemmel’s rights, and for your own, as you may be next!!!!!
We have the courts, police department, pawn shops and burglars, all working together against the victims. These seem like open and shut cases. Pawn shops have surveillance cameras and take fingerprints. What more do the cops need? Maybe if there more competent investigations and prosecutions of these crimes, there would be less incentive to commit burglary. Less burglary equals less need for law enforcement… Oh, now I get it.
Hey, where’s the picture that used to accompany this article?