Texan jailed after 2 ate from 1 plate

[-Cp]

http://www.ajc.com/metro/content/metro/atlanta/stories/2008/10/29/texan_stiffs_iron_skillet.html

The old two-for-one buffet trick backfired.

Dan Linscomb, 40, of Texas City, Texas, ate the buffet at the Iron Skillet restaurant in northwest Atlanta on Oct. 21. He admitted, an Atlanta police report said, that his girlfriend “ate a couple bites from his plate.”

When he was charged for two $7 buffet meals, Linscomb refused to pay for one of them. He said that “there were no signs in the restaurant that said someone could not have some food off your plate,” the report said.

The restaurant staff called police, who came to the restaurant on Donald Lee Hollowell Parkway and arrested Linscomb on a charge of theft of services. He was taken to Fulton County Jail.

Linscomb got out of jail two days later after pleading guilty to a lesser charge of disorderly conduct, Fulton County sheriff’s Sgt. Nikita Hightower said.

Linscomb could not be reached for comment Wednesday afternoon. The Iron Skillet manager who was working when Linscomb was arrested, Jose Quintero, declined to comment.

[Yurt]

if he pled with a lawyer....odds are his version is not entirely accurate

if not...something tells me we don't have all the facts, unless the lawyer didn't do their job

[manu1959]

if he pled with a lawyer....odds are his version is not entirely accurate

if not...something tells me we don't have all the facts, unless the lawyer didn't do their job

some one has to finish in the bottom half of their class...

[LiberalNation]

He was probably upset and caused a scene hence the disorderly conduct. Not everyone wants to go to trial, they rack the charges on.

[Yurt]

some one has to finish in the bottom half of their class...

interesting you should mention that...our first day of legal research and writing ("LRW"), the professor tells a story about class standing:

half of you will graduate in the top half and the other half of you will graduate in the bottom half

-silence- as nobody except the lawyer kids knows what this really means

two examples he says:

1. graduated the top of the class. number one. could not get work in six months after graduation, so the student came to him and asked advice, he said: have you ever thought about the way you carry yourself? no. you are very assured, as if all belongs to you because you graduated number one.

2. graduated last in the class. had no illusions about trying to get a job in the top firms, so the student goes back home to texas. the student has a friend that is starting up some "small" company and wants his new found buddy lawyer to help him out with the legal work...no pay of course...but the student will get a cut of the company.

1 - still working

2 - retired one year after graduation

[avatar4321]

He was probably upset and caused a scene hence the disorderly conduct. Not everyone wants to go to trial, they rack the charges on.

doesnt have to cause a scene to get disorderly conduct.

Im surprised they let him plea to a disorderly conduct so fast. usually the government makes him sweat a few times before resolving it. But then on this amount, im not surprised they took care of it quickly. its not worth the time to prosecute.

[avatar4321]

interesting you should mention that...our first day of legal research and writing ("LRW"), the professor tells a story about class standing:

half of you will graduate in the top half and the other half of you will graduate in the bottom half

-silence- as nobody except the lawyer kids knows what this really means

two examples he says:

1. graduated the top of the class. number one. could not get work in six months after graduation, so the student came to him and asked advice, he said: have you ever thought about the way you carry yourself? no. you are very assured, as if all belongs to you because you graduated number one.

2. graduated last in the class. had no illusions about trying to get a job in the top firms, so the student goes back home to texas. the student has a friend that is starting up some "small" company and wants his new found buddy lawyer to help him out with the legal work...no pay of course...but the student will get a cut of the company.

1 - still working

2 - retired one year after graduation

i need some friends who start up companies lol

[diuretic]

http://www.ajc.com/metro/content/metro/atlanta/stories/2008/10/29/texan_stiffs_iron_skillet.html

The old two-for-one buffet trick backfired.

Dan Linscomb, 40, of Texas City, Texas, ate the buffet at the Iron Skillet restaurant in northwest Atlanta on Oct. 21. He admitted, an Atlanta police report said, that his girlfriend “ate a couple bites from his plate.”

When he was charged for two $7 buffet meals, Linscomb refused to pay for one of them. He said that “there were no signs in the restaurant that said someone could not have some food off your plate,” the report said.

The restaurant staff called police, who came to the restaurant on Donald Lee Hollowell Parkway and arrested Linscomb on a charge of theft of services. He was taken to Fulton County Jail.

Linscomb got out of jail two days later after pleading guilty to a lesser charge of disorderly conduct, Fulton County sheriff’s Sgt. Nikita Hightower said.

Linscomb could not be reached for comment Wednesday afternoon. The Iron Skillet manager who was working when Linscomb was arrested, Jose Quintero, declined to comment.

Bizarre, totally bizarre. Theft of services, that'd be an interesting statute to - er - take a bite out of :laugh2:

Is everything criminalised in Ga.? Why wasn't his girlfriend pinched?

[avatar4321]

Bizarre, totally bizarre. Theft of services, that'd be an interesting statute to - er - take a bite out of :laugh2:

Is everything criminalised in Ga.? Why wasn't his girlfriend pinched?

Good question. It could be considered a conspiracy.

And theft of services may not happen often, but it is a crime on most criminal books.

[Immanuel]

Good question. It could be considered a conspiracy.

And theft of services may not happen often, but it is a crime on most criminal books.

I must say that if this happened in Tampa, I would find out what restaurant it happened in, and I would refuse to eat there any longer or if I had never eaten there before, I would let them know I won't be eating there in the future.

If she had eaten an entire plate full, that would be one thing, but to have simply tasted a particular dish is something entirely different. This appears to have been pettiness by the restaurant, and I hope it will cost them a hell of a lot of future sales.

Upon rereading the OP, I would like to revise my remarks, I am assuming that the girlfriend had a meal of her own and paid for it. If she simply ate off his plate, that would be something different in itself. "A couple of bites" is like "honestly, officer, I only had a couple of beers" when a couple refers to twelve.

Immie

[Abbey Marie]

They probably wanted to make an example of this. A buffet restaurant wouldn't stay in business long if they have two (or more) people having all they can eat for one charge of $7.99.

We have an Asian buffet nearby that has a posted "No sharing" policy. Easy fix, it seems.

[Psychoblues]

:salute:In Mississippi that type of crime, and it is definitely a crime, is called "Defrauding An Innkeeper". No notice in or about the business is required and no tolerance is the general policy of most "Inns".

Having been a Security Shift Manager at a large multifunctional retail establishment I was often called to the buffet on exactly this type complaint. My policy was to obtain ID from all parties involved, photograph them and take a brief statement, inform them they were no longer welcome guests in our establishment and "86/trespass" them permanently from the property. If, however, the already determined by me guilty partys make an unnecessary scene I simply informed my dispatcher to notify our Sheriff's department and get them in route. The sentence in Mississippi for such is 11 months and 29 days and our judges have no compunctions whatsoever about applying the maximum to obstinate offenders.

If, however, the partys remain cooperative and reasonable I simply ask them to pay for the meals, escort them to the edge of the property and inform them to not return and quote to them the Mississippi statute that would be applicable in this case. Real simple and usually very easy to do. I would imagine that very similar circumstances occurred in the above mentioned case. For the $7 the jerk spent 2 days in jail, hired a lawyer and I hope will remember this for the rest of his natural born life.

On edit: After I arrived at the scene and determined who was involved I instructed them to immediately stop eating. Believe me, it's tough to have to go to jail hungry!!!!!!!!!!!

:salute::beer::clap::laugh2::beer::salute:

[Binky]

They probably wanted to make an example of this. A buffet restaurant wouldn't stay in business long if they have two (or more) people having all they can eat for one charge of $7.99.

We have an Asian buffet nearby that has a posted "No sharing" policy. Easy fix, it seems.


Yep, easy fix. Cheap one as well. And any person that takes his girlfriend or spouse to a restaurant to eat out and then orders only one meal and shares it with his companion, is a total cheapskate and loser.

[diuretic]

Good question. It could be considered a conspiracy.

And theft of services may not happen often, but it is a crime on most criminal books.

My state revamped the theft laws a few years ago and quite a few actions that weren't criminalised are now definitely criminal. The state lifted a lot of it from the English law on theft which was heavily modified from the common law back in about 1972 I think. But even so if I were called to this job and the complainant even suggested that this bloke and the sheila should be arrested, I would have a really hard time holding back a gale of mocking laughter. I mean whatever happened to de minimis? Fair enough if he stacked on a Gandhi, I'd lift him for that but if I tried to take this case anywhere it would be stopped immediately. It wouldn't pass the laugh test. A prosecutor would look at the brief and laugh.

[Psychoblues]

I understand completely what you are saying, doc, but please bear in mind that in those cases where I was summoned to the scene both the dining room supervisor and the restaurant manager had already attempted to resolve the situation to the point of exasperation or somehow felt personally threatened. In other words, the situation had already escalated to a hopeless level and the offending patrons were refusing to abide policy and were refusing to end the offending practice.



My state revamped the theft laws a few years ago and quite a few actions that weren't criminalised are now definitely criminal. The state lifted a lot of it from the English law on theft which was heavily modified from the common law back in about 1972 I think. But even so if I were called to this job and the complainant even suggested that this bloke and the sheila should be arrested, I would have a really hard time holding back a gale of mocking laughter. I mean whatever happened to de minimis? Fair enough if he stacked on a Gandhi, I'd lift him for that but if I tried to take this case anywhere it would be stopped immediately. It wouldn't pass the laugh test. A prosecutor would look at the brief and laugh.

In my cases, I was very professional, understanding and in almost every case was able to achieve success without formal law enforcement intervention. After a year or so and having participated in several of these situations I was able to tell within moments about how far the situation was apt to escalate and I had no desire for personal, my persoanl, injury or any inuries to my officers or possibly other guests. On the other hand, I was not about to allow these thieving jerks to abuse our policies and remain able to return for more of the same. Because there are several very similar multifunctional establishments almost exactly like ours within close proximity and we regularly shared information I found it notable that whenever we had found occasion for a trespass charge or a legal intervention we discovered that this same thing with these same people had occurred at other places. Incredible, isn't it?!?!?!?!?!?!?!?

I would also point out that in the cases of arrest I never went to court. The offenders were obviously advised by their attornies to simply plead guilty, posssibly to a lessor charge, pay the fines, make the business whole and keep their rotten asses away from places they either couldn't afford to be or were unwilling to pay for whatever they intended to use or consume. My policy was to keep it simple ,safe and protect the assets and business from which I was being compensated.

:salute::beer::clap::laugh2::beer::salute: