FC: Penn State Football Player Accused of Assaulting Tow Truck Driver

BW Lion

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Oct 14, 2021
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I don’t have sufficient or accurate information to judge the tow truck driver or Abdul Carter for what allegedly transpired, but I do know James Franklin has huuuge problems on his hands 🙌

He hired Tom Allen. 🤣🤣🤣
 
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Midnighter

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as someone pointed out, the apartment isn’t in the borough.

it might be the the towing company rule for all I know, it’s noted in the article.

Then it's in what, College Township? They have the same ordinance as State College (but probably a cheaper drop fee). Driver wanted the full payment for lazy work; hope Carter lawyers up - the tow truck driver's attempt to enter the vehicle and continue to try to tow it violates any attempt at a reasonable accommodation on his part IMO after Carter said he would pay the drop fee. Nothing compels him to provide his name and address.

§ 190-38Restrictions upon removal of vehicles.

No vehicle shall be removed under the authority of this article if, at the time of the intended removal thereof, the owner or person for the time being in charge of such vehicle is present and expresses a willingness and intention to remove such vehicle immediately.

Drop fee: $65.

(7) No vehicle shall be removed under the authority of this section if, at the time of the intended removal, the owner or custodian of the vehicle is present and expresses a willingness and intention to remove the vehicle immediately. In these instances, the towing company shall charge no more than $65 from the time the wrecker is backed up to the vehicle to be towed to the point that the wrecker is in the motion of towing the vehicle away. The towing company shall make reasonable accommodations to permit the owner/custodian to obtain payment for the fee charged. Once the wrecker is in motion with the vehicle, the towing company is entitled to the full towing fee listed in this section. This is not applicable where the vehicle has been immobilized by College Township request for failure to pay accumulated fines and such fines remain unpaid.
 

leinbacker

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Then it's in what, College Township? They have the same ordinance as State College (but probably a cheaper drop fee). Driver wanted the full payment for lazy work; hope Carter lawyers up - the tow truck driver's attempt to enter the vehicle and continue to try to tow it violates any attempt at a reasonable accommodation on his part IMO after Carter said he would pay the drop fee. Nothing compels him to provide his name and address.

§ 190-38Restrictions upon removal of vehicles.

No vehicle shall be removed under the authority of this article if, at the time of the intended removal thereof, the owner or person for the time being in charge of such vehicle is present and expresses a willingness and intention to remove such vehicle immediately.

Drop fee: $65.

(7) No vehicle shall be removed under the authority of this section if, at the time of the intended removal, the owner or custodian of the vehicle is present and expresses a willingness and intention to remove the vehicle immediately. In these instances, the towing company shall charge no more than $65 from the time the wrecker is backed up to the vehicle to be towed to the point that the wrecker is in the motion of towing the vehicle away. The towing company shall make reasonable accommodations to permit the owner/custodian to obtain payment for the fee charged. Once the wrecker is in motion with the vehicle, the towing company is entitled to the full towing fee listed in this section. This is not applicable where the vehicle has been immobilized by College Township request for failure to pay accumulated fines and such fines remain unpaid.


What legal right does Carter have to assault the driver? You don’t send someone to the hospital over a $300 dispute.

Carter should have just jumped in his own car. I don’t think it’s legal to tow a car that is occupied.
 

laKavosiey-st lion

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I checked out this place Aspen - it's way the f*ck off campus. Further away than I used to live when I was on University Drive. It's brand new, and has 651 tenants. The pics show an absolute sh*t ton of parking available, unlike my apartment that had 'first come, first served' parking passes for around half the tenants in our building. I had to park up against a dumpster half the time. Aspen doesn't say how many visitor parking spots it has, but I would think a good bit - it's a massive place (like State College Park when I lived there) with a ton of parking. I mean, not even downtown State College??? Jesus. I'd like to know if someone called the tow truck company to report the parking violation, or if the tow truck company was doing late night drive by's looking for easy cash.
So you’re saying he parked legally and they towed him, got it
 

Midnighter

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So you’re saying he parked legally and they towed him, got it

Seems like the driver didn’t adequately provide reasonable allowance for Carter to pay the drop fee which he is provided - by law - to do if the car is not moved. When the driver refused to allow him to pay, his continued attempts to hook up and tow were wrongful and unlawful. Carter is protecting his property at that point. Seems cut and dry. The resulting assault is protection of property damage.
 

Nits1989

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Oct 29, 2021
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as someone pointed out, the apartment isn’t in the borough.

it might be the the towing company rule for all I know, it’s noted in the article.
Something should be done to protect students from this stuff. It’s been going on too long. Towing in State College is a notoriously abusive practice. In the 80s, I went to get my car after it was towed and felt like I was in a scene from Deliverance. Seriously.
 

leinbacker

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Something should be done to protect students from this stuff. It’s been going on too long. Towing in State College is a notoriously abusive practice. In the 80s, I went to get my car after it was towed and felt like I was in a scene from Deliverance. Seriously.

Guessing those that could do something also benefit from this.
 

LB99

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At least it seems to pale in comparison to this debacle. Anyone remember this?
I remember that. There was this incident also. If I remember correctly, Bowman got into a fight in the middle of The HUB. Quarless with the inexcusable DUI.

 

leinbacker

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I don’t have sufficient or accurate information to judge the tow truck driver or Abdul Carter for what allegedly transpired, but I do know James Franklin has huuuge problems on his hands 🙌

He hired Tom Allen. 🤣🤣🤣


Clearly we can't leave college football to the Franklins and the Allens
 
Oct 28, 2021
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Seems like the driver didn’t adequately provide reasonable allowance for Carter to pay the drop fee which he is provided - by law - to do if the car is not moved. When the driver refused to allow him to pay, his continued attempts to hook up and tow were wrongful and unlawful. Carter is protecting his property at that point. Seems cut and dry. The resulting assault is protection of property damage.
Carter went back inside to get money to pay a drop fee, but, he told police, he wanted to be sure his car wasn’t being stolen, and when he returned to the vehicle he questioned the driver about his authority to tow. The driver informed him that Halfmoon has a contract to enforce parking violations at the complex, and that Carter would need to provide a name and address for the car to be released.

After Carter refused to provide the information, police wrote, the driver resumed the process of hooking up the car for towing. As the driver returned to the tow truck, Carter told him he was going to call 911 and used his forearm to block the driver from getting inside.

not sure you see where u see he wasn’t given a chance to pay. he refused to cooperate. driver did nothing wrong here.

Easy call for a judge. A and B.
 

LB99

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They should wheel a TV into his jail cell tonite and let him watch the Draft…. “This could have been you next year!” WTF! Just call Blaise Alexander and have them give you another car!!
You think this would deter a team from drafting him? It’s the NFL. They don’t care. If he has a good season, he’s potentially a top 15 pick regardless.
 

LB99

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Best he can hope for is charges stopped but the fact that he didn’t brandish a weapon of any type makes me think this will plead out
Is the tire iron that the tow truck driver supposedly pulled out considered brandishing a weapon? It should, right? As I said, if he does that to the wrong guy, he’ll probably not make out too well.
 

Midnighter

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Carter went back inside to get money to pay a drop fee, but, he told police, he wanted to be sure his car wasn’t being stolen, and when he returned to the vehicle he questioned the driver about his authority to tow. The driver informed him that Halfmoon has a contract to enforce parking violations at the complex, and that Carter would need to provide a name and address for the car to be released.

After Carter refused to provide the information, police wrote, the driver resumed the process of hooking up the car for towing. As the driver returned to the tow truck, Carter told him he was going to call 911 and used his forearm to block the driver from getting inside.

not sure you see where u see he wasn’t given a chance to pay. he refused to cooperate. driver did nothing wrong here.

Easy call for a judge. A and B.

Why does he have to provide his name and address for his car to be released? Carter should have held fast until the police arrived. Nothing I’ve seen anywhere says anyone has to show or provide a name and address to pay a drop fee. Easy call for any judge with sense - predatory driver/business looking for an easy pay day got called on it and continued to try to steal personal property. What proof did the driver provide that he had authority there? Because he said so? With a car like Carter’s I’d be suspicious too. Lock up the driver IMO.
 
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Moogy

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Last year Theo Johnson punched a frat dude in the face and gave him a concussion. ARD & community service no game suspensions.
Pretty sure everyone can agree (except frat dudes), that frat dudes deserve to get punched in the face at least once daily. Case dismissed. The concussion is just a bonus.
 
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Moogy

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Why does he have to provide his name and address for his car to be released? Carter should have held fast until the police arrived. Nothing I’ve seen anywhere says anyone has to show or provide a name and address to pay a drop fee. Easy call for any judge with sense - predatory driver/business looking for an easy pay day got called on it and continued to try to steal personal property. What proof did the driver provide that he had authority there? Because he said so? With a car like Carter’s I’d be suspicious too. Lock up the driver IMO.
It could have been in the towing contract between the towing company and the apartment complex. It need not be expressly required by law. Whether that information-gathering is explicitly prohibited by law, I don't know (just as I don't know if it was part of the contract), but this is speculation based on incomplete facts.

The salient point is, even if the tow truck operator was in the wrong, there were better, and legal means, to handle this. Stopping the tow truck driver from what he was doing, and then assaulting the man by ripping him out of his truck, was not the answer. Threaten to call 911? No, actually do it. Take down all the information you can, call 911 and explain what happened or is happening, and let the system take care of it from there. If he was illegally harmed (financially, etc.), he can get that taken care of. But the physical assault was unnecessary and still, from what facts we know at this point, illegal.
 
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leinbacker

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Why does he have to provide his name and address for his car to be released? Carter should have held fast until the police arrived. Nothing I’ve seen anywhere says anyone has to show or provide a name and address to pay a drop fee. Easy call for any judge with sense - predatory driver/business looking for an easy pay day got called on it and continued to try to steal personal property. What proof did the driver provide that he had authority there? Because he said so? With a car like Carter’s I’d be suspicious too. Lock up the driver IMO.

Paper trail, do you think the driver just hands over a roll of cash to his boss at the end of their shift with no accounting?
 

LaJollaCreek

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One monster sack will make everyone forget This.😄🤔
Seth Meyers Lol GIF by Late Night with Seth Meyers
 

TiogaLion

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Nothing in State College Private/Public Towing Ordinance that says he has to provide his name or address when paying a drop fee. I may have missed it, but here is what I found about drop fees in the Ordinance:

No vehicle shall be removed under the authority of this ordinance if, at the time of the intended removal, the owner or custodian of the vehicle is present and expresses a willingness and intention to remove the vehicle immediately.

(a) In these instances, the towing company shall charge no more than the drop fee from the time the wrecker is backed up to the vehicle to be towed to the point that the wrecker is in motion towing the vehicle away. The towing company shall make reasonable accommodations to permit the owner/custodian to obtain payment for the fee charged.

(b) Once the wrecker is in motion with the towed vehicle, the towing company is entitled to the full towing fee listed in § 11-710a. This is not applicable where the vehicle has been immobilized by Borough request for failure to pay accumulated fines and such fines remain unpaid.


According to the story, the car was not fully hooked up or in motion when Carter confronted the tow truck driver. It was only after the tow truck driver asked for name and address, which Carter refused and then proceeded to block the door from the tow truck driver, that the driver went after a metal/crowbar. Sounds like tow truck driver was not providing reasonable accommodation to pay the drop fee IMO. Carter should sue him and the company.
This is good information to know.
 
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WVilleLion23

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Midnights, you are a hoot on this topic. I f n hate the towing companies in SC. The complexes in many cases are just as bad or worse. They give them access to tow at will anytime they line if they see a vehicle without proper permit. No warnings, etc

All that being said, not sure how you are acting like Carter is in the right or victim here. You displayed very pore maturity and judgement. Two wrongs don’t make a right.
 

Midnighter

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Midnights, you are a hoot on this topic. I f n hate the towing companies in SC. The complexes in many cases are just as bad or worse. They give them access to tow at will anytime they line if they see a vehicle without proper permit. No warnings, etc

All that being said, not sure how you are acting like Carter is in the right or victim here. You displayed very pore maturity and judgement. Two wrongs don’t make a right.

He’s being targeted; those companies can f*ck right off a cliff.
 

LaJollaCreek

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Midnights, you are a hoot on this topic. I f n hate the towing companies in SC. The complexes in many cases are just as bad or worse. They give them access to tow at will anytime they line if they see a vehicle without proper permit. No warnings, etc

All that being said, not sure how you are acting like Carter is in the right or victim here. You displayed very pore maturity and judgement. Two wrongs don’t make a right.
It's super easy to play the moral superiority card online, but this isn't a huge deal. He'll pay his fines, do some community service or whatever and life will go on. He isn't missing tons of action next year due to this and life will go on, but people want to harp on this like somehow this is a big deal. Young man screwed up, got caught, will have some consequences and hopefully learns from it. That being said some folks apparently have a legit beef with the tow truck companies which is fine too.
 
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Oct 28, 2021
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Is the tire iron that the tow truck driver supposedly pulled out considered brandishing a weapon? It should, right? As I said, if he does that to the wrong guy, he’ll probably not make out too well.
absent any of the threatening conduct by
Is the tire iron that the tow truck driver supposedly pulled out considered brandishing a weapon? It should, right? As I said, if he does that to the wrong guy, he’ll probably not make out too well.
absent carters conduct prior thereto it likely would be.
 
Oct 28, 2021
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Why does he have to provide his name and address for his car to be released? Carter should have held fast until the police arrived. Nothing I’ve seen anywhere says anyone has to show or provide a name and address to pay a drop fee. Easy call for any judge with sense - predatory driver/business looking for an easy pay day got called on it and continued to try to steal personal property. What proof did the driver provide that he had authority there? Because he said so? With a car like Carter’s I’d be suspicious too. Lock up the driver IMO.
aren’t you a lawyer or am i confusing you with someone else?
 

Midnighter

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Moms the pit bull and me chill on the back deck and 3 times a shady as F Amazon dude rolls into our back yard. I walk them back to the driveway and tell him I’m uncool with him behind my house. YO
sadly the pit bull looks scary but conducts herself like a lab

Is he actually delivering anything?
 

1995PSUGrad

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Oct 30, 2021
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Midnights, you are a hoot on this topic. I f n hate the towing companies in SC. The complexes in many cases are just as bad or worse. They give them access to tow at will anytime they line if they see a vehicle without proper permit. No warnings, etc

All that being said, not sure how you are acting like Carter is in the right or victim here. You displayed very pore maturity and judgement. Two wrongs don’t make a right.
What's wrong with towing cars are that parked without a valid permit?
 

CbusLion

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Towing companies are annoying when they tow your car.

Also annoying: paying for a parking pass and not being able to park at your own apartment because some idiot visiting is illegally parked in the lot.

People making or actually inventing excuses for Carter in here is bonkers. If he wasn't illegally parked, great. F that towtruck driver and Carter won't be punished. If it's unlawful to insist on name/address for the drop fee, great. F that driver and tow company. I'd prefer it that way, as a fan. But if he parked illegally, got busted, didn't like it so he tried to physically stop the driver from towing him, he was a fool and deserves it. The $300 recovery fee or trashiness of the deliverance tow lot are tertiary at best.
 

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