Murderer makes headway in suit against victim

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Thread: Murderer makes headway in suit against victim

  1. #1
    VIP Member Array packinnova's Avatar
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    Angry Murderer makes headway in suit against victim

    This is a real pickle... The victim managed to escape and didn't even have a gun to shoot the BG with, but the BG is still managing to sue him in court for the $18k he took him hostage, and murdered his friend for back in 2006.

    Murderer makes headway in suit against hostage | KATU.com - News, Weather and Sports - Portland, Oregon | Local & Regional


    Story Published: Oct 25, 2009 at 7:13 PM PDT

    Story Updated: Oct 26, 2009 at 11:13 AM PDT
    By Susan Harding KATU News and KATU.com Staff
    Video

    PORTLAND, Ore. - A man convicted of murder is now targeting one of his victims again, and he's winning in court.

    An Oregon inmate who killed one man in 2006 is now suing his former hostage.

    It all started over an $18,000 order for an ice cream truck.

    The hostage victim, Rob Chambers, used to build ice cream trucks and he built one for a customer in New York. That customer turned into a killer, deciding to commit murder when he couldn't get a refund.

    Now in prison, the convicted killer - Tremayne Durham - is using the courts to get the refund. And he's having success.

    Facing eviction and the loss of his business, Rob Chambers can't afford a lawyer so he's going to fight this convicted killer on his own, in court.

    Durham still wants his money back, all $18,000 - even after he confessed to murdering Adam Calbreath. Calbreath was someone Chambers considered as a loyal friend.

    "He protected me, and gave the ultimate sacrifice to me," Chambers said. "I don't know how to repay it."

    Durham is serving 30 years for murdering Calbreath and taking Chambers hostage while shoving a gun in his stomach.

    "He had said, 'Look at what you made me do,'" Chambers recounts. "He said, 'I've been robbing and killing people to get to you.'"

    Now Durham is going after Chambers again, only without a gun and with a lawsuit. Durham is even demanding reimbursement for his travel expenses from New York - for the trip he took to gun down Chambers' friend.

    Since the murder, Chambers said he has suffered unending guilt and grief.

    "I lost my abilities to function; that's what makes me the most angry," Chambers said. "One of these days he's going to get the feeling he won somehow over me."

    Chambers escaped from Durham in 2006, but says he doesn't feel alive.

    "There are days that I honestly wish he would have pulled the trigger," Chambers said. "He doesn't deserve the satisfaction of knowing this, but he took my life."

    Since Chambers did not respond to letters from the court, an arbitrator already has ruled in Durham's favor. But it's not over. Chambers plans to be at a hearing Wednesday to face Durham once again, in court.

    "I'm not going to be the victim in this anymore," Chamber said.

    Durham made international news for his unusual plea deal in 2006. He agreed to plead guilty in exchange for his favorite foods from KFC and some Haagen-Dazs ice cream.

    Chambers said the deal felt like a slap in the face and wishes Durham had been forced to face the family of the man he murdered.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

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  3. #2
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    I just read about this... Prime example of how jacked up our justice system is.

    Although I do give credit to the original prosecuting attorney for getting a guilty plea out of the guy for a fried chicken dinner, that's classic.

  4. #3
    VIP Member Array farronwolf's Avatar
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    So is this an Oregon or NY suit? Either way, that is pretty messed up. It doesn't give any details about why Durham wanted the refund, whether the truck blew up, or anything like that. It would be interesting to have more details but I don't think to me that would make much of a difference. If you take to murdering folks over what should be a civil suit matter, in my mind you loose your right to sue for damages.
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    VIP Member Array goldshellback's Avatar
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    I just read this on CNN too.........

    As a murderer he 'shouldn't' have any rights. Punk is right about the justic system.
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

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    How about he can get his truck money refunded once he can refund life to his victim.

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    VIP Member Array dukalmighty's Avatar
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    How about even before he wins,the victims remaining family file a lawsuit against him for wrongful death to the tune of several million dollars,hense even if he wins he will not see a penny since the other lawsuit would take the money
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  8. #7
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by dukalmighty View Post
    How about even before he wins,the victims remaining family file a lawsuit against him for wrongful death to the tune of several million dollars,hense even if he wins he will not see a penny since the other lawsuit would take the money
    This would be the play I'd make...As either Chambers or the family of the person he killed.

    I know folk will not like this statement but frankly I feel the criminal has a viable case.
    The fact that he requested and required a refund for a business deal has no legal relationship as to the fact that he secondarily kidnapped and murdered one of the two persons he had a business issue with.
    The business issue remains.

    Yes clearly this does victimize the victim once over, and that is very much unfortunate.
    Yes the murderer is likely doing this for no other reason than spite, so as to continue to victimize the victim remotely.
    Yes it is immoral for him, the murderer, to act as such.

    But then again, he is a murderer.

    As to feelings of the murderer being able to do so not being fair or having 'right' (a better word would be legal allowance...because suing a person is not a right but rather a matter of grievance resolution), as much as my heart goes out to the victim toward this.
    He is not under our countrys judicial system protected from nor excluded from being sued by anyone for any given reason. And in this case the suit appears to be as related to a business transaction and is not a suit of a person as against a person.

    The murderer in this case does have a leg to stand on even as it is distasteful per the totality of the circumstance. :|

    If I'd been the judge on this I too would have allowed it to progress albeit with a furrowed brow reflecting personal disgust.
    Judicial judgment is supposed to be impersonal and impartial, per our own Constitution which does apply to everyone be they a nice guy, good guy, jerk guy...or incarcerated person.

    I hope someone suggests to the 'defendant' to mount a counter suit and/or as on behalf of the second and murdered victim form a wrongful death and very much personal civil suit.

    By doing that justice might could be served though involving not one but now two injustices.
    Craziness.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

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    VIP Member Array hogdaddy's Avatar
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    But to plee out too get KFC & ICECREAM is BS & ANYBODY that sides with a murder POS scum bag IS A LITLLE SCREW UP THEMSELF!!!!!!!!!!!!!!!!!!
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    Although I can separate the two issues...this suit is not justice in any way, shape or form. A counter suit might be in order...
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    VIP Member Array farronwolf's Avatar
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    Janq,

    While I see where your argument is coming from and the basis for it. To allow the law suit and award the claim on the business deal would be rewarding the killer for circumventing the legal system that is in place which he should have used in the first place.

    If he is smart enough to use the civil suit now after being imprisoned for killing and kidnapping, he should have been smart enough to use it before he took the law into his own hands and done his crimes after feeling he was taken advantage of on the business deal.

    If I were to purchase a computer from Best Buy or whereever and for some reason I am not satisfied with it, then I decided to go in and trash the store or steal another computer, am I still entitled to a refund on the original computer. Not in my book I ain't.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  12. #11
    VIP Member Array Janq's Avatar
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    Totally understood Farron.

    Again I personally feel this guy is a <banned word>.
    But the law is the law, in the US, and his viable grievance is separate from that of his criminal personal act.

    If this were some other country he then might be denied allowance to pursue.
    But, this is America...land of the free to sue and home of litigants.

    We have to take the good with the bad, or give it all over and up to the bad. : |

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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