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Lodi Middle School case focuses attention on ‘common’ Lodi arrests

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Posted: Wednesday, January 4, 2012 12:00 am | Updated: 6:27 am, Wed Jan 4, 2012.

On Dec. 20, Lurdes Rosales, the vice principal at Lodi Middle School, did something unprecedented in the history of the Lodi Unified School District: She placed a teacher under citizen’s arrest.

Rosales conducted the citizen’s arrest following an incident in which she claims John Lapachet, a physical education instructor at the school, blew a whistle in her ear and jostled her in front of students.

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Welcome to the discussion.

10 comments:

  • Jay Samone posted at 11:16 am on Tue, Jan 10, 2012.

    Jay Samone Posts: 359

    Really Sarah? She made a citizen's arrest for blowing a whistle in her ear - FACT. I have read the original article and nowhere in the original article states that he physically forced her to move or assaulted her (which is was Battery TRULY is). It states, "Lapachet then pushed past Rosales with enough strength to make her stumble and then returned to the far side of the gym, she said." That's her story. Were you there???? Did you see it happen? Please - do tell. I would love to hear YOUR version of the events as YOU saw them.

    She shouldn't have been there in the first place - and she could have moved out of the way.

    This is not battery. Period. The article also states that this was after many "insults" between this coach and administrators. I reviewed the original article at length and I take a far different perspective on this. Has anyone ever been harrassed by a superior at work? I sure have. His actions look to me as an individual who has been repeatedly harassed by this woman and possibly others and he has gone beyond the wherewithal to handle it appropriately. What exactly was her purpose in standing there to watch the game. If she had prior problems with this coach, common sense (and a true leader) would not stand watching while he is in class. To me it looks like they were looking for reasons to "pick away" at him. Obviously he felt he was being harassed for reasons we don't know and she clearly knew what she was doing or else she wouldn't have been in there ensuring he knew she was there by standing in his "spot". Little things like that - even though management will never say they are - are clear signs of harassment.

     
  • Sarah Linder posted at 7:32 am on Mon, Jan 9, 2012.

    Sarah Linder Posts: 6

    He didnt just blow a whistle in her ear.. There was more to story..... Read the previous story if you would like to educate yourself on the situation before making stupid comments and showing how ignorant some people are.

    "Jon Lapachet, the teacher, was arrested for battery and given a misdemeanor citation for his actions. He could not be reached for comment despite multiple attempts."

    Doesn't sound biased to me, nor does it sound like she was making a citizens arrest for "blowing a whistle"

     
  • Mike Adams posted at 8:47 am on Sun, Jan 8, 2012.

    Mike Adams Posts: 1501

    While a citizen can make a "citizen's arrest" of a misdemeanor (which occurred in their presence- which is why cops can't make arrests of misdemeanors if they don't witness the crime), and a police officer has to accept the accused into custody, (s)he doesn't have to keep the accused in custody and may let the accused go free if (s)he doesn't feel there was a crime committed or that the arrest was in error or malice.

    Making a citizen's arrest may require the citizen to appear in court several times. As anyone who has ever had a jury duty summons knows, a date on a court calendar can change. And change. And change. So while you prepare yourself for court time and time again, only to be rescheduled, if the DA misses calling you for the one time the accused actually appears in court and you are not present, the case is dropped. The only person who loses on this is the citizen.

     
  • Jay Samone posted at 7:55 am on Thu, Jan 5, 2012.

    Jay Samone Posts: 359

    On another note - when I was much younger, I caught a young man in my apartment. Being the type of individual I am, I beat the c r a p out of him with whatever was handy and he fled the scene. I called the cops, who promptly picked me up (they were in the area) - they had caught my burglar at a local gas station. The clerk called the cops because he had a kid who was bleeding from the head and arms and was trying to steal stuff from the store. Sorry - I just got a chuckle over this - and I had to do a citizen's arrest after I identified him. The cops were laughing but my father informed me that while I was justified, it could have gone very wrong for me - civil lawsuit for physical and personal damages because I beat the c r a p out of him and wrongful imprisonment if the charges were dismissed. Bottom line - don't do that again. Ever.

     
  • Jay Samone posted at 7:54 am on Thu, Jan 5, 2012.

    Jay Samone Posts: 359

    I don't care if she's Mother Teresa, she had no business calling 911 and making a citizen's arrest on a teacher who blew a whistle in her ear. These are two grown adults who couldn't act right - more than likely in front of students. Where's the story about that? I don't know either party and don't care about the hearsay gossip, but based on this story - there is clearly something more under cover going on than just a "whistle blowing" event. Or maybe it really was a "whistle blow" and someone retaliated - ala citizen's arrest by Ms. Rosa Parks herself.

     
  • Josh Morgan posted at 8:34 pm on Wed, Jan 4, 2012.

    Josh Morgan Posts: 538

    I'm wondering if the principal and vice-principal in this case will be reprimanded by the Superintendent for not following proper protocol for disciplining a teacher. Accepting the fact that the vice-principal was telling the truth I've got to believe she did not follow proper procedures. It really makes them look foolish even if the teacher in question was at fault. The Rosa Parks comparison was the frosting on the cake.

     
  • Jackson Scott posted at 5:41 pm on Wed, Jan 4, 2012.

    Jackson Scott Posts: 386

    Chet's point about the LNS not contacting, or even mentioning an attempt to contact the accused teacher shows bias. This whole comparison to Rosa Parks has got to stop... Rosa Parks? Really? REALLY? I'm betting Seth Meyers is writing his SNL skit now about a school admin who allegedly had a whistle blown in her ear being compared to the civil rights champion Rosa Parks. And just who made that comparison? Yes, her superior. Who has motives. There is much more to this story, and it goes much deeper than anyone (LUSD, LEA, & the individuals) want to admit.

     
  • Chet Diestel posted at 9:35 am on Wed, Jan 4, 2012.

    Chet Diestel Posts: 4

    Three quick thoughts:
    1. The reason that the outcome of the case involving Larry Hanson's citizen arrest of the "eratic driver" remains unknown may simply be because the person was under 18 at the time and juvenile records are routinely sealed, But that possibility was not included.
    2. Citizens making arrests are not shielded from civil liability in the way, for instances, police officers generally are. In fact, citizens making arrests subject themselves to possible civil lawsuits on any variety of possible charges ranging from false arrest, false imprisonment etc. The court records are fill with such cases. At the very least, if sued, the person would need to hire an attorney and bear those costs --- and if found by a jury that the actions were unwarranted could end up paying a substantial amount of money to the person they falsely arrest.
    If a citizen wants legal advise before making a citizen's arrest, call your lawyer first and then the cops.
    3. While the accusations --- in the form of Ms. Rosales' claim --- against Mr. Lapachet were once again presented in print for the whole community to read --- and Ms. Rosales character highly praised --- no where in the story was it even hinted that an attempt to reach Mr. Lapachet was made by the News-Sentinel to include his side in this matter. Mr. Lapachet might not have been reachable or might have declined comment, but the degree of fairness necessitated for any story requires that the effort be made and that effort reported to the readers.

     
  • George Cloud posted at 7:01 am on Wed, Jan 4, 2012.

    g2lodi Posts: 1

    I agree citizens should get involved and a citizens arrest is a valuable tool for prosecution of misdemeanors and infractions but they should also know the risk involved. Don't you think it might be prudent to inform people of the civil litigation risk of making a 'citizen's arrest' and/or detaining a person by invoking a 'citizen's arrest' since you seem to be encouraging people to get involved in this way. Police officers are shielded from civil litigation recourse to a great degree. Why don't you also inform people what the possible civil recourse could be if you make a false arrest and detain an individual - 'false imprisonment' and are unjustified.

     
  • Darrell Baumbach posted at 6:00 am on Wed, Jan 4, 2012.

    Darrell Baumbach Posts: 9405

    In fact, you’d be surprised how common a citizen’s arrest actually is, said Sgt. Mike Oden of the Lodi Police Department.

    I think the next time I am at a school crossing and the security person blows a whistle while too close to my ear, I'll know better what actions to take... get my cell phone and call 911... and arrest this terrible person and wait for the police to come... yes... this is good use of police time.

     
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