328 replies to this topic

[mylo]

There has to be for a criminal charge. The word "arrest" is often misunderstood by the public. It does not necessarily mean you are put in fail or detained. However, you *must* first be arrested before you can be charged with a crime (just the way the law works).

Landahl was arrested and charged with the misdemeanor crime of violating CVC sections 2474 and 2470. He was released the same day pending his Oct 17th court date.

I don't understand how people don't see this as a crime? Just because you may not value grease as much as a rendering company, doesn't make it any less valuable. An equivalent would be stealing shipping pallets from FedEx. Sure, they seem like trash, but they re-use and sell them. They still have value to the company and you're simply not allowed to walk up and take them!

[Robert Gary]

I'd be interested in seeing how much "product" was taken. Who is the contract with? Is it paid based on product volume or paid based on a flat rate? if it's flate-rate based, where is the financial loss? Nothing I've read so far indicates the loss amount was based on product volume loss.

Where in the criminal code do you see that something must have a provable value in order to be charged with stealing it? Again, even if something has no value, that doesn't give someone the right to take it from you without your permission.

-Robert

[Dave Burrell]

This is a witch hunt.

Bingo!

if the spirit of the law is to define cooking grease as a commodity and value - does it also define how much dog poo is worth? or any other trash?

golly I guess restaurants should hire security to protect that oh so value used grease pile

hey mylo, with all that info you're finding maybe you can also come up with the contract that the Sacramento rendering company has with Malabar that shows a set value of $350 per week.

and seriously??? a felony for stealing grease? First you need to show to me the value of used grease per gallon and how many gallons malabar sets out each week...

it's unbelievable how you guys are so bent out of shape over used grease - maybe we should call for the death penalty for shop lifters now since simple grease removal is now considered a serious crime by you people

[ngilbert]

it's unbelievable how you guys are so bent out of shape over used grease -

Seriously. You know, we wouldn't even be having this conversation if everyone just poured it down the sink like I do!


ps: does anyone know a good plumber? Mine retired and moved to the Bahamas. Thx in advance.

[ChipShot]

Was there an arrest?

Wow...

You're making all these comments, and you didn't even know he was arrested, processed, and released on his OR?????

Wow...

[mylo]

Bingo!

if the spirit of the law is to define cooking grease as a commodity and value - does it also define how much dog poo is worth? or any other trash?

No, this law is about cooking grease. If you have a business recycling dog poo, you might want to pass some legislation to protect your assets from theft. The simple fact is that in the past few years used grease has gone from paying to get rid of it, to people wanting it, to business based entirely off recycling it. It is a valuable commodity and these businesses deserve not to have their assets stolen.

golly I guess restaurants should hire security to protect that oh so value used grease pile

That's what police are for. To protect and serve. Not to steal. Folsom PD did the right thing. They accepted the crime report from Sacramento Rendering and arrested the suspect.

hey mylo, with all that info you're finding maybe you can also come up with the contract that the Sacramento rendering company has with Malabar that shows a set value of $350 per week.

I'm tempted to call them and find out what the deal is, but I know from other restaurant owners that it has become quite the valuable asset, and theft is common. One chinese restaurant owner even complained about the cost of replacing the barrels all the time since people were stealing them, too!

and seriously??? a felony for stealing grease? First you need to show to me the value of used grease per gallon and how many gallons malabar sets out each week...

it's unbelievable how you guys are so bent out of shape over used grease - maybe we should call for the death penalty for shop lifters now since simple grease removal is now considered a serious crime by you people

Stealing is Stealing! Just because he's a cop, or just becuase you don't value grease, doesn't make it any less of a theft. Can't you understand that there is an entire company based off this commodity. It can't be THAT "worthless trash" if they're doing okay.

It seems the biggest argument for why this isn't a crime is "because it's just grease, not like it's a candy bar or something valuable".

A quick google comes up with this:

From: http://seattlepi.nws...4_grease30.html

"Fryer grease has become gold," Damianidis said. "And just over a year ago, I had to pay someone to take it away."

To the surprise of Damianidis and others, processed fryer oil, which is called yellow grease, actually is not trash. The grease is traded on the booming commodities market, where its value has increased in recent months to historic highs.

In 2000, yellow grease was trading for 7.6 cents per pound. On Thursday, its price was about 33 cents a pound, or almost $2.50 a gallon. Biodiesel is derived by processing vegetable oil or animal fat with alcohol. With a conversion kit, anyone can turn cooking oil into fuel.

[ChipShot]

BTW, on the evening news, a reporter was filing his report outside of the officers home, and he pointed out the 2 vehicles in the driveway were BOTH diesel-engine vehicles!!

No, this was no "misunderstanding".

He was busted.

[Dave Burrell]

Stealing is Stealing! Just because he's a cop, or just becuase you don't value grease, doesn't make it any less of a theft. Can't you understand that there is an entire company based off this commodity. It can't be THAT "worthless trash" if they're doing okay.

You keep missing the point, does the Sacramento rendering company have a written contract with malabar that shows a set value for their weekly used grease? How much is used grease worth per gallon and how many gallons of grease does malabar put out each week?

until those questions are answered, this is a bs witch hunt.

you can come up with all the google links you want but it doesn't prove a thing because technically UNLESS THERE IS A WRITTEN CONTRACT, the owner of the grease is Malabar, not the rendering company - and Malabar has not pressed any charges - get it?

if there is no contract and since malabar didn't press any charges then this is bs - HOWEVER, if there IS a contract then that proves the rendering company IS the owner of the grease and there is a valid crime here.

If malabar doesn't care who takes their used grease then this is BS

that's all I'm asking - show a contract and the case is closed, then it is proven theft.

can't you understand that there is a contract needed in order to make claims over someone else's trash?

[Dave Burrell]

BTW, on the evening news, a reporter was filing his report outside of the officers home, and he pointed out the 2 vehicles in the driveway were BOTH diesel-engine vehicles!!

No, this was no "misunderstanding".

He was busted.

FINALLY! some substantial evidence! good work chippy

I'm not trying to defend the actions here - I'm just trying to find evidence and why - now this info about the guy having two bio diesel cars - that's a logical "why" and some pretty damning evidence

still very curious to find out what Malabar's take is on this.... and like I keep saying over and over, IF there IS a contract its a clear cut case and a bust

[mylo]

You keep missing the point, does the Sacramento rendering company have a written contract with malabar that shows a set value for their weekly used grease? How much is used grease worth per gallon and how many gallons of grease does malabar put out each week?

until those questions are answered, this is a bs witch hunt.

you can come up with all the google links you want but it doesn't prove a thing because technically UNLESS THERE IS A WRITTEN CONTRACT, the owner of the grease is Malabar, not the rendering company - and Malabar has not pressed any charges - get it?

if there is no contract and since malabar didn't press any charges then this is bs - HOWEVER, if there IS a contract then that proves the rendering company IS the owner of the grease and there is a valid crime here.

If malabar doesn't care who takes their used grease then this is BS

that's all I'm asking - show a contract and the case is closed, then it is proven theft.

can't you understand that there is a contract needed in order to make claims over someone else's trash?

Since Sacramento Rendering is the one that filed the complaint, and the police arrested the suspect based on that complaint, I think it's safe to assume that they had a legal right to claim. Otherwise Malabar would be the rightful owner and Folsom PD would've told Sacramento Rendering to stuff it. Why do you need to see the contract to prove that Sacramento Rendering was stolen from? You can't just arrest someone for theft if you don't own the asset.

At $2.50/gallon (even higher in California) it doesn't take that much to get to $350.

From: http://www.ams.usda....ts/jo_gr225.txt
Yellow Grease (Cents per lb.)
Delivered San Joaquin Valley .28-.29 unch-dn .01
Delivered Imperial Valley .2970-.2975 unch-dn .02
FOB San Francisco Bay Area Plants .27 dn .01
FOB Los Angeles Area Plants .27-.28 unch-dn .01

[ducky]

FMC 8.32.210Scavenging of recyclable materials.

No person shall remove recyclable materials from residential containers or commercial dumpsters that are designated for city collection. Such material includes, but is not limited to: newspapers, magazines, yard trimmings, wood waste, books, glass bottles, cardboard, plastic bottles, aluminum and steel cans. (Ord. 1049 § 2 (part), 2006

FMC 8.32.280Penalties.
...
C.Violations of Section 8.32.090(B), ©, and (D); 8.32.190, and 8.32.210 shall be a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

California Penal Code....
SECTION 484-502.9
484. (a) Every person who shall feloniously steal, take, carry,
lead, or drive away the personal property of another, or who shall
fraudulently appropriate property which has been entrusted to him or
her, or who shall knowingly and designedly, by any false or
fraudulent representation or pretense, defraud any other person of
money, labor or real or personal property, or who causes or procures
others to report falsely of his or her wealth or mercantile character
and by thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of money, or property or
obtains the labor or service of another, is guilty of theft.
-Robert

Thanks, Robert.

My example pertained to someone that had my PERMISSION to take recyclables, so I'm not sure it could be characterized as stealing or fraud. From what others have posted, it sounds like you need a special license to transport the oil and that may be what got the officer into trouble. I still think there's pieces missing to this puzzle and I'm not as ready to be judge and jury as others here are.

The Folsom Municipal Code doesn't seem to have a common sense clause, so I guess I should go turn myself in and throw myself on the mercy of the court, because I've actually taken my own recyclables that I paid the CRV on that were stored in the blue can on my own property and turned them in to the recycling center in Wal-Mart myself when I've had the time.

[Robert Gary]

You keep missing the point, does the Sacramento rendering company have a written contract with malabar that shows a set value for their weekly used grease? How much is used grease worth per gallon and how many gallons of grease does malabar put out each week?

You keep saying that and I think the rest of us just scratch our heads thinking "what the heck does the value of the grease have to do with anything?".

Your right to your private property is not contingent on the property having value.

Again, the contract between the company Malabar has contracted with to dispose of their grease has nothing to do with this case. If a defense attorney tried to bring it up no judge in the world would allow something so non sequitur to be admited.

-robert

[Robert Gary]

Thanks, Robert.

My example pertained to someone that had my PERMISSION to take recyclables, so I'm not sure it could be characterized as stealing or fraud. From what others have posted, it sounds like you need a special license to transport the oil and that may be what got the officer into trouble.

Technically anyone who cooks their own diesel fuel in California is violating a number of laws by operating as an unlicensed refiner. However, that is not the point. The point is that this was private property of Malabar and they officers had no agreement with the owner/operator of the restuarant to take the grease. That is the root of the issue. The value of the grease is not at issue.

-Robert

[mylo]

can't you understand that there is a contract needed in order to make claims over someone else's trash?

From the article:

The theft was reported by Sacramento Rendering Co., who are contracted to collect used cooking oil from local restaurants for recycling, police said.

[mylo]

I'm starting to think Davburr's a grease bandit and is trying to cover his tracks! I wondered why that Harley always smells like french fries and orange chicken.