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SC woman jailed over late video

Tuesday, Feb. 18, 2014 10:24 AM
Last updated 7:14 PM
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PICKENS, S.C. — It was not a pile of late fees a South Carolina woman got when a video store owner said she failed to return a video she rented in 2005. Instead, she spent a night in jail.

Twenty-seven-year-old Kayla Michelle Finley of Pickens was arrested last week and charged with failing to return a rented video cassette.

Pickens County Sheriff’s Chief Deputy Creed Hashe says Finley rented the movie “Monster-in-Law” from Dalton Videos. The owner took out a warrant against Finley, who was arrested when she was at the sheriff’s office for something else and the warrant was found.

Hashe says Finley had been sent several certified letters at the time. She tells WHNS-TV that she never got the letters and that she will fight the charge.

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bdouglas
5013
Points
bdouglas 02/18/14 - 02:07 pm
4
0
If they were certified

If they were certified letters it should be easy enough to see if she ever got them...

Marinerman1
4846
Points
Marinerman1 02/18/14 - 04:47 pm
9
0
Stupidest Thing

The D#MN video store went out of business. What a waste of time. The judge should chuck this case quickly. STUPID.

Red Headed Step Child
4055
Points
Red Headed Step Child 02/18/14 - 05:47 pm
10
0
It's nice to know you can

It's nice to know you can have someone arrested for something ridiculous like this...maybe I can have my old neighbor arrested for failing to give us back the rake he borrowed.

I'll have to make sure to send him certified letters before I do.

Tom, if you're reading this...I want my rake back.

corgimom
32360
Points
corgimom 02/18/14 - 06:29 pm
2
10
When you borrow something,

When you borrow something, and agree to return it, and don't, it's stealing.

When you accrue late fees and do not pay them, that's stealing too.

Warrants have a funny way of popping up at the most inopportune time, and once a warrant is taken out, it stays until the matter goes to court. Only a court can dismiss a warrant.

It's not ridiculous, the sheriff doesn't get to pick and choose what warrants he should arrest for. That's the law. And it's a good law, who would think that a sheriff should be able to ignore a court order?

nocnoc
42554
Points
nocnoc 02/18/14 - 06:56 pm
4
0
Little thing called Statue of Limitations allowed it.

According to multiple Legal sources I reviewed I am stunned:

SOUTH CAROLINA Has NO statute of limitation laws covering for any criminal prosecution?

Either way she got her night in jail for the Theft.
The Video Store owner got their pound of flesh.

AN IF THE STORE IS EVEN STILL IN BUSINESS
If it is, it likely won't be for long after this story.
=====================

BTW:
There are four states that have not established a legal set of statute limitations for any crimes. This allows those states to prosecute a charge at any time after it was committed. They can even arrest you on your death bed 70-80 years later.

The SC is 1 of the 4 states without statues of limitations:

Kentucky
South Carolina
West Virginia
Wyoming

However, I doubt any DA after 8 years is willing to, or stupid enough to try and prosecute simple theft <$50 crimes.

Red Headed Step Child
4055
Points
Red Headed Step Child 02/18/14 - 07:02 pm
6
0
I have no beef with the

I have no beef with the Sheriff - he was, as @corgi stated simply following orders. What is ridiculous is the fact that this store owner felt it was necessary to have someone arrested for allegedly failing to return a video. Can they PROVE it was never returned? My brother was harrassed for supposedly not returning a video back in the day - I was there when he dropped them off. Funny how all but one was shown as returned. On further inspection, an employee of the video store failed to log the "missing" video back in properly - it was found under a counter somewhere. Is it possible that is what happened here? Surely there was a more appropriate way to handle this - like perhaps sending this person to a collection agency? Arresting someone over a $20 video is a bit much. Sure, it's their prerogative, but it's a bit much. Just because you can, doesn't always mean you should.

Just think if all the people out there with medical collections were arrested? utility collections? cell phone collections? After all, if they failed to pay for services, isn't that also considered stealing? Usually collection agencies are used for these purposes along with a negative report to the credit bureau. That's an appropriate course of action, IMO.

augusta citizen
9330
Points
augusta citizen 02/18/14 - 07:28 pm
5
0
Wow!

Corgimom sez "When you borrow something, and agree to return it, and don't, it's stealing." Yes it is, okay. But I thought we didn't have debtor's prisons anymore, because how is this different than going to Macy's and buying clothes on a Macy's card, and then not paying? They can turn you over to a collection agency, but they can't arrest you. I'm not saying that she wasn't wrong to not return it or pay for it if it was lost, but I just didn't think you could be jailed for debts.

JRC2024
8854
Points
JRC2024 02/19/14 - 08:20 am
2
0
Augusta Citizen, I was in

Augusta Citizen, I was in court last week because a customer gave me a check for over $1500.00 for services rendered. The check was not good. After numerous calls and a registered letter that was not answered I took out an application for an arrest warrant and the lady was almost arrested and taken to jail that day. She only escaped because she had $2000.00 and I agreed to take that and give her 15 days to pay the rest. I have a lien on the house and the judge held the warrant open so that if she does not make the payment when due she will be arrested and taken to jail. A person can still go to jail for a debt. It just depends what kind of debt. Rest assured that if she is not in my office the day she is supposed to that I will force the issue. She still owes about $3200.00.

foxsilong
762
Points
foxsilong 02/19/14 - 10:35 am
0
0
if you were the store owner...

I know jail times sounds kinda harsh, but what would you do if you were the store owner? Just let a person "borrow" your video and never return it? If I was just friends with the person I lend things to, it will just ruin a friendship, but if I was a clerk making money to live, I will have to do something about it. I agree with corgimom and JRC2024.

corgimom
32360
Points
corgimom 02/19/14 - 11:53 am
0
0
augusta citizen, you are

augusta citizen, you are talking about consumer credit. A credit card is a loan.

She borrowed property. She was never the owner and never had ownership. She didn't take out a loan.

Rent a car, and don't return it, and see how fast you get arrested.

corgimom
32360
Points
corgimom 02/19/14 - 11:57 am
0
0
"Just think if all the people

"Just think if all the people out there with medical collections were arrested? utility collections? cell phone collections? After all, if they failed to pay for services, isn't that also considered stealing?"

Yes, but since services are not tangible goods, they are handled differently. There is no property involved.

People have also gone to jail for failure to pay for, and failure to return, library books, too.

Red Headed Step Child
4055
Points
Red Headed Step Child 02/19/14 - 03:57 pm
1
0
@corgimom

That may be...but when you boil it down, stealing is stealing - right? Services or tangible property - it shouldn't matter, should it?

I don't condone stealing at any level - personally, had I been in this position as the store owner, I wouldn't have gone to this extreme. Significant debt is one thing - such as the commenter above with someone owing them several thousand dollars, a $20 video is another.

I guess we'll have to agree to disagree! ;-)

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