People v. Nelson CA3

BACKGROUND

The Crime On July 7, 2013, defendant was the registered owner of a 2001 Lincoln Navigator sport utility vehicle (SUV). As of that date, Lobel Financial, the SUV’s legal owner, had sent multiple payment past due notices to defendant. It assigned repossession of the vehicle to Hook and Book Recovery. Around 8:00 p.m., Jeremy Monks, a repossession agent for Hook and Book Recovery, went to defendant’s home to repossess the Navigator. Monks’s cousin Brandon Meyer went along as a lookout and assistant. The Navigator was in the driveway and Monks picked it up with his tow truck. As Monks and Meyer started to put nylon ratchet straps on the rear wheels, defendant jumped over a fence and approached them. Defendant was agitated and “freaked out” and asked “what the hell was going on.” Monks said they were repossessing his Navigator and told defendant he could retrieve his belongings from the vehicle if he gave up the keys. Defendant said he needed some things out of the Navigator and questioned whether Monks was a legitimate repossession agent. Monks got the repossession paperwork from his truck and showed it to defendant, who snatched it from him.2 Defendant said he paid the…