Ahmed R.,
Mr. Njuba doesn't need to say anything but the truth. The two offenders will be almost certainly found guilty of serious offenses in due time as long as Mr. Njuba participates properly in the process.
Your suggestion that Mr. Njuba needs to exaggerate or lie about this outrageous incident is troubling, though I believe you are being sincere. That in itself is a sad thing to reflect upon.
The offenders commandeered a taxicab they had no right to. They were apparently so drunk that one can imagine that their defense will include "diminished capacity" to determine right from wrong and act accordingly.
In passing, let me point out that this "substance-abuse" issue in this case supports my concerns for any "substance abuse" of Peter Enger's possibly reflecting as poorly upon Chicago cabdrivers as the drunken criminal acts of these two guys has tarnished the United States Navy.
Mr. Njuba has no problems communicating in English. I'm predicting that the two offenders will accept a reasonable plea deal.
I think you are wrong to criticize Mr. Njuba's reaction to these "bums". I, and many other cabdrivers, have taken drunken sailors (and drunken lawyers) deep into Lake County without demanding the fare up front and have had no reason to suspect that a result like this one would be destined.
It seems like you are "blaming the victim" a bit here, but I also see that you are trying to point out where, when, and how Mr. Njuba could have had possibly a preferable outcome to this nightmare of a trip.
I must disagree with you on a fine, but important point:
If someone is trying to hijack your taxicab, don't worry about whether or not you have the keys out of the igniton; simply get out of the taxicab as quickly and as safely as possible.
Even if that means rolling out onto the asphalt, as Mr. Njuba felt forced to do to possibly SAVE HIS LIFE.
I believe that the Chicago Dispatcher will continue to cover this incident as it progresses through the justice system. As President of the CCO, I will follow it as closely as possible. I hope to attend the more important court dates and I will consider making a public statement, if and when that becomes necessary or appropriate.
I think the larger issue is the more-than-common abuse we take from similarly drunken sailors as we return them to Great Lakes. Perhaps meeting with more senior Navy officials there to discuss this problem and develop any potential solutions would be in order at some point.
Interfacing with Lake County police officials and State's Attorneys might be a good idea, too.
I am currently involved with two batteries upon cabdrivers and I am anxious to spread the word publicly about the possibility and likelihood that these attacks upon us will result in felony instead of misdemeanor charges in the State of Illinois as of January 1, 2008.
Any who read this and would like to join me in travelling up north or talking about these issues with someone other than ourselves should contact me at: chinatownmike@yahoo.com.
How about you, Ahmed R.?
-Mike Foulks
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Replying to:
Too bad this driver didn't say he was pushed from his cab. These guys will probably get away with just reduced charges of burning the taxi only. It seems this driver admits to bailing out at 30 mph. The bad guys will successfully argue that they never touched the driver and the driver was the paranoid one. The fire was from some high grass at the side of the road (hitting hot exhaust)and was only an act of god. They pulled over once they realized the driver ran away and they couldn't find him. They were only driving because Njuba didn't know the way and didn't understand English. These guys will plead not guilty with a straight face. If Njuba doesn't cooperate with the cab company and courts these guys will walk. Njuba will have to travel to Lake County for several court appearances if he is to get these guys where they belong, behind bars.
Now for the real facts here. These sailors are really a couple of bums that couldn't make it in life so they signed up for the Navy. These guys were destined for a jail cell since they were kids. They might be a product of a faulty society. However, they never learned the difference between right and wrong and weren't smart enough to figure it out for themselves. They went to Chicago for the weekend to get messed up on drugs and alcohol. They even screwed with the cab driver on the way back to the base. The driver was kind of a rookie and wasn't the fastest on his feet. It seems he agreed to take a very long fare out of town without first getting paid and checking out his passengers. These guys were tickled to get this "rookie" driver. For the record I have heard about more than one driver getting "bailed on" at Great Lakes.
City law, at least it was the last time I checked: Driver must take passengers to any location within the city limits of Chicago. You can tell a guy that wants to go to Bensenville to get lost. This driver wasn't required to service these guys in the first place. He should have taken control from the start and not let these guys in his front seat. If they insisted put his keys away and left the taxi. I never leave my keys in the ignition unless my rear is parked in the seat. With all of this being said, Njuba is a victim of extreme torture. It is a shame that he says he voluntarily left the cab. He is letting these guys half way off the hook.
Lessons here: Get your money in front. If someone that you don't want in your front seat tries to enter exit with your keys. Never entirely trust anyone that isn't an 80 year old jewish woman. If someone else gets behind the wheel and has your keys hop out and call your vehicle in as stolen. If they refuse to pay in front, tell them to get another cab. In most cases I make more money out of several short fares than one long one in the same time. Look at yourself in the mirror and ask why you gave a discount on a long fare then had to fill your tank from empty. In the mirror you will see the real discount fare sucker. It's even worse to trust someone and then get nothing but a large fuel bill. I always get paid up front when I am not required to haul someone by law if the fare fits a certain profile. Sorry, but I am allowed to do this. Setting the price and collecting in front along with telling these guys he was a one way,non stop cab would have helped Njuba in this case. I know Njuba is a real victim here. It is a shame he didn't know how the game is played. Kind of a doe in the hunters shotgun sights. I hope the Dispatcher and the CCO can help Njuba get the justice he/all cab drivers deserve.
hey, you stooopid "president"--the sailors were not drunk. they got off a train from out of town. (see? i know how to use quotation marks--they mean i don't believe the information contained in them. ) you can't claim presidenthood of the second election until you publish the results. maybe i won? and who would know except you? that is why you don't want to release...
who is counting the ballots with you? your daddy, george lutfallah?
"As President of the CCO, I will follow it as closely as possible. I hope to attend the more important court dates and I will consider making a public statement, if and when that becomes necessary or appropriate."
Let's see when and how this time, Foulks and his CCO!
Enger may stop him again... Or the man must sleep during the day...
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Replying to:
Ahmed R.,
Mr. Njuba doesn't need to say anything but the truth. The two offenders will be almost certainly found guilty of serious offenses in due time as long as Mr. Njuba participates properly in the process.
Your suggestion that Mr. Njuba needs to exaggerate or lie about this outrageous incident is troubling, though I believe you are being sincere. That in itself is a sad thing to reflect upon.
The offenders commandeered a taxicab they had no right to. They were apparently so drunk that one can imagine that their defense will include "diminished capacity" to determine right from wrong and act accordingly.
In passing, let me point out that this "substance-abuse" issue in this case supports my concerns for any "substance abuse" of Peter Enger's possibly reflecting as poorly upon Chicago cabdrivers as the drunken criminal acts of these two guys has tarnished the United States Navy.
Mr. Njuba has no problems communicating in English. I'm predicting that the two offenders will accept a reasonable plea deal.
I think you are wrong to criticize Mr. Njuba's reaction to these "bums". I, and many other cabdrivers, have taken drunken sailors (and drunken lawyers) deep into Lake County without demanding the fare up front and have had no reason to suspect that a result like this one would be destined.
It seems like you are "blaming the victim" a bit here, but I also see that you are trying to point out where, when, and how Mr. Njuba could have had possibly a preferable outcome to this nightmare of a trip.
I must disagree with you on a fine, but important point:
If someone is trying to hijack your taxicab, don't worry about whether or not you have the keys out of the igniton; simply get out of the taxicab as quickly and as safely as possible.
Even if that means rolling out onto the asphalt, as Mr. Njuba felt forced to do to possibly SAVE HIS LIFE.
I believe that the Chicago Dispatcher will continue to cover this incident as it progresses through the justice system. As President of the CCO, I will follow it as closely as possible. I hope to attend the more important court dates and I will consider making a public statement, if and when that becomes necessary or appropriate.
I think the larger issue is the more-than-common abuse we take from similarly drunken sailors as we return them to Great Lakes. Perhaps meeting with more senior Navy officials there to discuss this problem and develop any potential solutions would be in order at some point.
Interfacing with Lake County police officials and State's Attorneys might be a good idea, too.
I am currently involved with two batteries upon cabdrivers and I am anxious to spread the word publicly about the possibility and likelihood that these attacks upon us will result in felony instead of misdemeanor charges in the State of Illinois as of January 1, 2008.
Any who read this and would like to join me in travelling up north or talking about these issues with someone other than ourselves should contact me at: chinatownmike@yahoo.com.
How about you, Ahmed R.?
-Mike Foulks
--- --- --- --- --- --- --- --- ---
Replying to:
Too bad this driver didn't say he was pushed from his cab. These guys will probably get away with just reduced charges of burning the taxi only. It seems this driver admits to bailing out at 30 mph. The bad guys will successfully argue that they never touched the driver and the driver was the paranoid one. The fire was from some high grass at the side of the road (hitting hot exhaust)and was only an act of god. They pulled over once they realized the driver ran away and they couldn't find him. They were only driving because Njuba didn't know the way and didn't understand English. These guys will plead not guilty with a straight face. If Njuba doesn't cooperate with the cab company and courts these guys will walk. Njuba will have to travel to Lake County for several court appearances if he is to get these guys where they belong, behind bars.
Now for the real facts here. These sailors are really a couple of bums that couldn't make it in life so they signed up for the Navy. These guys were destined for a jail cell since they were kids. They might be a product of a faulty society. However, they never learned the difference between right and wrong and weren't smart enough to figure it out for themselves. They went to Chicago for the weekend to get messed up on drugs and alcohol. They even screwed with the cab driver on the way back to the base. The driver was kind of a rookie and wasn't the fastest on his feet. It seems he agreed to take a very long fare out of town without first getting paid and checking out his passengers. These guys were tickled to get this "rookie" driver. For the record I have heard about more than one driver getting "bailed on" at Great Lakes.
City law, at least it was the last time I checked: Driver must take passengers to any location within the city limits of Chicago. You can tell a guy that wants to go to Bensenville to get lost. This driver wasn't required to service these guys in the first place. He should have taken control from the start and not let these guys in his front seat. If they insisted put his keys away and left the taxi. I never leave my keys in the ignition unless my rear is parked in the seat. With all of this being said, Njuba is a victim of extreme torture. It is a shame that he says he voluntarily left the cab. He is letting these guys half way off the hook.
Lessons here: Get your money in front. If someone that you don't want in your front seat tries to enter exit with your keys. Never entirely trust anyone that isn't an 80 year old jewish woman. If someone else gets behind the wheel and has your keys hop out and call your vehicle in as stolen. If they refuse to pay in front, tell them to get another cab. In most cases I make more money out of several short fares than one long one in the same time. Look at yourself in the mirror and ask why you gave a discount on a long fare then had to fill your tank from empty. In the mirror you will see the real discount fare sucker. It's even worse to trust someone and then get nothing but a large fuel bill. I always get paid up front when I am not required to haul someone by law if the fare fits a certain profile. Sorry, but I am allowed to do this. Setting the price and collecting in front along with telling these guys he was a one way,non stop cab would have helped Njuba in this case. I know Njuba is a real victim here. It is a shame he didn't know how the game is played. Kind of a doe in the hunters shotgun sights. I hope the Dispatcher and the CCO can help Njuba get the justice he/all cab drivers deserve.
Nice reply. Enger could have been left out, otherwise productive. I would have to imagine that Mike Foulks said to himself, this probably wouldn't have happened to me. That's what I thought. Njuba is a real victim. A guy that is trusting to an end. He is a doe though. Not his fault. Some are faster on their feet than others. I hope the so called "Steve Weidersberg's law" can help Njuba. He deserves it.
Weren't you taught to not leave your keys in the ignition when your butt wasn't behind the wheel? I'd bet you were. Go ahead and take my cab. I'm going into the store to call this in. My keys would have been in my pocket. If a weapon had been produced I would have emptied my pockets of everything keys and all. Unless they took me hostage I wouldn't have rolled out of a moving vehicle.
The Superior St. rules have me thinking here. These guys can say Njuba doesn't understand common English. Some will believe this. That's why it is important he goes to every court appearance. As far as court goes, it depends who the offenders attorney is. Since these guys probably aren't connected they might have to do time. Remember, Njuba decided for himself to bail. They didn't throw him out or produce a weapon. He was untouched when he lept.
"Your suggestion that Mr. Njuba needs to exaggerate or lie about this outrageous incident is troubling, though I believe you are being sincere. That in itself is a sad thing to reflect upon."- Mike Foulks
Sure it's troubling, but it just the facts Jack. Kind of a cross between "Stripes" and "Dragnet" speech. Throwing someone out of a moving vehicle must carry a higher penalty than say, taking it and parking it accidently over high grass. Naturally since it was running for hours without stopping the catalytic convertors were red hot and a fire accidently started. There wasn't time to stop and get an accelerant. The fire was accidental. Njuba hopped out due to the fact he didn't understand what was going on. Give us a slap on the wrist these felons posing as milatary personel will say.
"as long as Mr. Njuba participates properly in the process" Mike foulks
The right attorneys for the defense along with corrupt court officials will give Njuba bad info and he will end up missing court. Sorry to say but these felons could walk and Njuba and his company could lose here. Civil is different than criminal, but the criminal judge can require restitution to the company within the criminals sentence.
Njuba is a real victim here. I hope he gets justice. I am gald he did not end up being injured, He should have been. This was a real break for the offenders. With this being said, I also wouldn't advise counting on these bums getting too much punishment in court. Unfortunately we're still second class citizens in the minds of the masses.
Now for the real question since Njuba is a-ok, What can we do to get respect? Can any good come out of this? Can WE make sure Steve's law is applied here? These are the things WE need to do. Let Enger worry about any problems he might or might not have alone. Can we march outside the court house in Lake County on the court date? Can we welcome all concerned along with Perer A Enger? We= concerned cabbies!
Ivan Njuba has no need for help from any lawyer. That's for sure. Any damages he may have suffered can be recovered without fees through a claim filed under the Crime Victims Compensation Act. This is done at the Office of the Attorney General of the State of Illinois without any filing fee. A lawyer can help with filling out the papers, but the lawyer cannot charge for the help given.
As long as the victim cooperates with the prosecutor in seeing to it that the criminal is found guilty, all damages that can be proven are paid by the state including: doctor and hospital bills; wages lost that can be proved with tax returns; damage to a cab that gets fixed; damage to a cell phone that has to get replaced up to the fair market value of the cell phone; and any other proveable damage.
The place where this gets done is the State of Illinois Building - Thompson Center - in the "Loop".
Again, there is no need for a lawyer to make this kind of claim.
Donald Nathan
Mr. Nathan,
Thanks for the information. I have a question:
Does restitution from the Crime Victims Compensation Act take into consideration the fact that Chicago cabdrivers would be restituted partially from Workmen's Comp?
Would one payment from one source have to be accounted for the other? Which to which and how and when?
I hope you can see where the confusion is. I'll explain it better if you need me to.
-Mike Foulks
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Replying to:
Ivan Njuba has no need for help from any lawyer. That's for sure. Any damages he may have suffered can be recovered without fees through a claim filed under the Crime Victims Compensation Act. This is done at the Office of the Attorney General of the State of Illinois without any filing fee. A lawyer can help with filling out the papers, but the lawyer cannot charge for the help given.
As long as the victim cooperates with the prosecutor in seeing to it that the criminal is found guilty, all damages that can be proven are paid by the state including: doctor and hospital bills; wages lost that can be proved with tax returns; damage to a cab that gets fixed; damage to a cell phone that has to get replaced up to the fair market value of the cell phone; and any other proveable damage.
The place where this gets done is the State of Illinois Building - Thompson Center - in the "Loop".
Again, there is no need for a lawyer to make this kind of claim.
Donald Nathan
With guys like "da foo" running around with his Sister Teresa Act....and often concurrent Psycho-Man-bee-utch From Hades Act
begging for free legal advice, makes ya' wonder what it/they he/haw is/are up to now.
New meds for Mike?
Watch, will he go off??? "blah bala blah... and I don't take drugs of any kind..."
The point is, if it don't, it should. Scrips for the mind and soul, taken with beer can do wonders for a man's life.
Ask your doctor!
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Replying to:
Mr. Nathan,
Thanks for the information. I have a question:
Does restitution from the Crime Victims Compensation Act take into consideration the fact that Chicago cabdrivers would be restituted partially from Workmen's Comp?
Would one payment from one source have to be accounted for the other? Which to which and how and when?
I hope you can see where the confusion is. I'll explain it better if you need me to.
-Mike Foulks
--- --- --- --- --- --- --- --- ---
Replying to:
Ivan Njuba has no need for help from any lawyer. That's for sure. Any damages he may have suffered can be recovered without fees through a claim filed under the Crime Victims Compensation Act. This is done at the Office of the Attorney General of the State of Illinois without any filing fee. A lawyer can help with filling out the papers, but the lawyer cannot charge for the help given.
As long as the victim cooperates with the prosecutor in seeing to it that the criminal is found guilty, all damages that can be proven are paid by the state including: doctor and hospital bills; wages lost that can be proved with tax returns; damage to a cab that gets fixed; damage to a cell phone that has to get replaced up to the fair market value of the cell phone; and any other proveable damage.
The place where this gets done is the State of Illinois Building - Thompson Center - in the "Loop".
Again, there is no need for a lawyer to make this kind of claim.
Donald Nathan
The Crime Victims' Compensation Act is the source of last resort for cabdrivers. It comes after all other measures of recovery have been exhausted: Workers Compensation is only one possible measure of recovery. To the extent a recovery is made by some other means, it reduces the help the State of Illinois is willing to give.
Sometimes the State gives the help before a Workers Compensation recovery is made or before a tort recovery can be made. In that event, the State is subrogatged to the rights of the cabdriver. When a cabdriver makes a recovery, he has to give the State its money back dollar for dollar. His attorney gets nothing for collecting it.
I don't know if this answers your question. I would be glad to discuss it at length at a UTCC Law and Safety Subcommittee meeting if you like. Pack the room with your supporters. It would be a useful occasion. I have no clue as to when the next such gathering might be scheduled.
Donald Nathan
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Replying to:
Mr. Nathan,
Thanks for the information. I have a question:
Does restitution from the Crime Victims Compensation Act take into consideration the fact that Chicago cabdrivers would be restituted partially from Workmen's Comp?
Would one payment from one source have to be accounted for the other? Which to which and how and when?
I hope you can see where the confusion is. I'll explain it better if you need me to.
-Mike Foulks
--- --- --- --- --- --- --- --- ---
Replying to:
Ivan Njuba has no need for help from any lawyer. That's for sure. Any damages he may have suffered can be recovered without fees through a claim filed under the Crime Victims Compensation Act. This is done at the Office of the Attorney General of the State of Illinois without any filing fee. A lawyer can help with filling out the papers, but the lawyer cannot charge for the help given.
As long as the victim cooperates with the prosecutor in seeing to it that the criminal is found guilty, all damages that can be proven are paid by the state including: doctor and hospital bills; wages lost that can be proved with tax returns; damage to a cab that gets fixed; damage to a cell phone that has to get replaced up to the fair market value of the cell phone; and any other proveable damage.
The place where this gets done is the State of Illinois Building - Thompson Center - in the "Loop".
Again, there is no need for a lawyer to make this kind of claim.
Donald Nathan
Hey, where do you get those nice pills you guys are on?
Hello Don Nathan, I think Njuba would be best served going to EVERY court date and making sure a company rep. is with him. He should also bring the invoice for the new taxi and the cost of putting it into service. I believe the "right judge" will include it in the sentence. While criminal is surely different that civil, I have heard that some judges will keep an offender under parole/probation until the restitution is fully paid. I'll bet is worth a shot for Njubas lessor. Getting a unenforcable judgement in a civil court against the likes of these two won't help Njuba's company or him. What's your take here? And also thanks for your advice in advance. I hope Njuba sees this.
Criminals are scumbags. Virtually 100% of them cannot pay a judgment. A judge can impose whatever he likes in a sentence, I suppose, and restitution is a reasonable order. But a criminal might easily thumb his nose at the judge and serve some time instead of paying.
It certainly doesn't hurt to take receipts to criminal court and ask the prosecutor to seek restitution as part of the sentence. But the easier remedy is achieved through the Crime Victims Compensation Act administered through the State of Illinois Court of Claims. It's free, and it doesn't require a bit of help from a lawyer or a judge. It works every time whether the criminal is a bust out or not.
Why take the harder route? The lessor has his own claim to make. Maybe he should be the one to plead with the judge to order restitution. But then he's the victim of criminal damage to property of a felony amount.
My advice to clients is always to take the easiest and most likely recovery. Njuba and his lessor aren't my clients, and I'm not soliciting them. They should go to the Court of Claims and file under the Crime Victims Compensation Act as should all cabdrivers and owners who fall victims to criminals. The only catch is to help the cops and the prosecution to put the scum away where they belong.
Does that answer it?
Donald Nathan, Esquire
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Replying to:
Hello Don Nathan, I think Njuba would be best served going to EVERY court date and making sure a company rep. is with him. He should also bring the invoice for the new taxi and the cost of putting it into service. I believe the "right judge" will include it in the sentence. While criminal is surely different that civil, I have heard that some judges will keep an offender under parole/probation until the restitution is fully paid. I'll bet is worth a shot for Njubas lessor. Getting a unenforcable judgement in a civil court against the likes of these two won't help Njuba's company or him. What's your take here? And also thanks for your advice in advance. I hope Njuba sees this.
It does. I am tired from working all weekend, but feel I need to mention this. A driver was robbed of his taxi some years back. The cops ended up busting this guy. The judge ordered the guy to be kept on parole/probation until the judgement was satisfied. This went on for five years until the guy paid up. I guess this would be a good back up for the two parties that lost here if the state doesn't pay.
If it were me, I'd ask for it. The worst thing that could happen is that the state would pay and the judge would have to be notified. It would be nice to then see the "drunken sailors" to be made to repay the state! My point is to make these guys pay not only with time, but cash as well.
