cheapmeister
Nov 5th, 2009, 12:33 AM
Surrounded by Chinese community supporters, vigilante merchant Weng "David" Chen expressed relief yesterday after the most serious charges against him in a spring run-in with a shoplifter were dropped.
A justice of the peace granted provincial prosecutor Colleen Hepburn's request to withdraw kidnapping and possession of a dangerous weapon charges against Chen, 35, and two of his employees.
Hepburn did not give reasons, but said the province will go to trial next June on lesser charges of assault and forcible confinement. Holding the hand of Ellee Wong, widow of late Markham MPP Tony Wong -- one of more than 25 supporters in court -- Chen said in halting English: "I'm feeling much (better) because they dropped the charge."
He hopes to be cleared, "so I can go on with working at my store."
After ripping off plants at the Lucky Moose Food Mart on Dundas St. W. in May, habitual thief Anthony Bennett then stole from another shop, and was grabbed about an hour later after returning to Chen's store.
Police arrested the three after freeing Bennett, who pleaded guilty and was sentenced to 30 days in jail.
Lawyer Peter Lindsay said his client should never have been charged, calling the kidnapping accusation "ludicrous."
The weapons charge was in reference to a box-cutter on Chen's belt, Lindsay said.
Chinatown shoplifting is "rampant," Bennett has a 33-year theft record and merchants are frustrated with police, the lawyer said.
A constitutional challenge about citizen's arrest rights will form a major part of the defence case during Chen's trial next June, Lindsay said.
The three can now be tried before a judge instead of the additional jury requirement for a kidnapping charge.
"We'll go to trial on the other two charges and we're confident in the judicial system," Lindsay said. "We're anxious to get this over as soon as possible."
"You should be able to arrest anybody you know has committed a crime. It was a valid citizen's arrest."
"Why all the focus on Mr. Chen and not on Mr. Bennett and his ongoing crimes?" Lindsay said.
Expressing frustration with Toronto Police, he said he gave a detective statements from other merchants about the shoplifter's recent activities, "but they're still investigating."
Lindsay said Chen even has a video of Bennett stealing.
Proceeding with the remaining charges, "is not a good use of our court resources," Lindsay said
Lucky Moose customer Marianne Chong said the shopkeeper is "being made a scapegoat" for faulty, misunderstood laws about citizen's arrests.
She said teachers should tell children their rights to hold people for police after seeing a crime committed.
"His reaction was quite understandable," Chong said.
Working 16 hours a day and with children to support, Chen's court time costs him unreasonably, as do legal fees, she said.
Meanwhile, Bennett "can get a legal aid lawyer."
IAN.ROBERTSON@SUNMEDIA.CA
http://www.torontosun.com/news/torontoandgta/2009/11/04/11626846-sun.html
Remember this guy from the summer who arrested a shoplifter from his store?
Well he is in a lot of trouble but they are reducing the serious charges. Seems to me like he is in more trouble than the thief. Imagine if he were found guilty and they put him in the same jail cell as the thief, this would be hilarious! LOL Jokes! Hope this guy can get this mess cleared up and over with.
A justice of the peace granted provincial prosecutor Colleen Hepburn's request to withdraw kidnapping and possession of a dangerous weapon charges against Chen, 35, and two of his employees.
Hepburn did not give reasons, but said the province will go to trial next June on lesser charges of assault and forcible confinement. Holding the hand of Ellee Wong, widow of late Markham MPP Tony Wong -- one of more than 25 supporters in court -- Chen said in halting English: "I'm feeling much (better) because they dropped the charge."
He hopes to be cleared, "so I can go on with working at my store."
After ripping off plants at the Lucky Moose Food Mart on Dundas St. W. in May, habitual thief Anthony Bennett then stole from another shop, and was grabbed about an hour later after returning to Chen's store.
Police arrested the three after freeing Bennett, who pleaded guilty and was sentenced to 30 days in jail.
Lawyer Peter Lindsay said his client should never have been charged, calling the kidnapping accusation "ludicrous."
The weapons charge was in reference to a box-cutter on Chen's belt, Lindsay said.
Chinatown shoplifting is "rampant," Bennett has a 33-year theft record and merchants are frustrated with police, the lawyer said.
A constitutional challenge about citizen's arrest rights will form a major part of the defence case during Chen's trial next June, Lindsay said.
The three can now be tried before a judge instead of the additional jury requirement for a kidnapping charge.
"We'll go to trial on the other two charges and we're confident in the judicial system," Lindsay said. "We're anxious to get this over as soon as possible."
"You should be able to arrest anybody you know has committed a crime. It was a valid citizen's arrest."
"Why all the focus on Mr. Chen and not on Mr. Bennett and his ongoing crimes?" Lindsay said.
Expressing frustration with Toronto Police, he said he gave a detective statements from other merchants about the shoplifter's recent activities, "but they're still investigating."
Lindsay said Chen even has a video of Bennett stealing.
Proceeding with the remaining charges, "is not a good use of our court resources," Lindsay said
Lucky Moose customer Marianne Chong said the shopkeeper is "being made a scapegoat" for faulty, misunderstood laws about citizen's arrests.
She said teachers should tell children their rights to hold people for police after seeing a crime committed.
"His reaction was quite understandable," Chong said.
Working 16 hours a day and with children to support, Chen's court time costs him unreasonably, as do legal fees, she said.
Meanwhile, Bennett "can get a legal aid lawyer."
IAN.ROBERTSON@SUNMEDIA.CA
http://www.torontosun.com/news/torontoandgta/2009/11/04/11626846-sun.html
Remember this guy from the summer who arrested a shoplifter from his store?
Well he is in a lot of trouble but they are reducing the serious charges. Seems to me like he is in more trouble than the thief. Imagine if he were found guilty and they put him in the same jail cell as the thief, this would be hilarious! LOL Jokes! Hope this guy can get this mess cleared up and over with.