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Old 11-30-2011, 9:16am   #1
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Default Captivated: Man sues former hostages, says they broke promise

Man sues former hostages, says they broke promise

Posted: 2:10pm on Nov 29, 2011;
Modified: 4:50pm on Nov 29, 2011

TOPEKA, Kan. — Can there be no trust between a kidnapper and his hostages?

A man who held a Kansas couple hostage in their home while fleeing from authorities is suing them, claiming they broke an oral contract made when he promised them money in exchange for hiding him from police. The couple has asked a judge to dismiss the suit.

Jesse Dimmick of suburban Denver is serving an 11-year sentence after bursting into Jared and Lindsay Rowley's Topeka-area home in September 2009. He was wanted for questioning in the beating death of a Colorado man and a chase had begun in in Geary County.

The Topeka Capital-Journal reported that Dimmick filed a breach of contract suit in Shawnee County District Court, in response to a suit the Rowleys filed in September seeking $75,000 from him for intruding in their home and causing emotional stress.

Dimmick contends he told the couple he was being chased by someone, most likely the police, who wanted to kill him.

"I, the defendant, asked the Rowleys to hide me because I feared for my life. I offered the Rowleys an unspecified amount of money which they agreed upon, therefore forging a legally binding oral contract," Dimmick said in his hand-written court documents. He wants $235,000, in part to pay for the hospital bills that resulted from him being shot by police when they arrested him.

Neighbors have said the couple fed Dimmick snacks and watched movies with him until he fell asleep and they were able to escape their home unharmed.

Dimmick was convicted in May 2010 of four felonies, including two counts of kidnapping. He was sentenced to 10 years and 11 months on those charges. He was later sent to a jail in Brighton, Colo., where he is being held on eight charges, including murder, in connection of with the killing of Michael Curtis in September 2009. A preliminary hearing originally scheduled for Dec. 6 has been rescheduled for April 12. No plea has been entered in the case.

Robert E. Keeshan, an attorney for the Rowleys, filed a motion denying there was a contract, but said if there was it would not have been binding anyway.

"In order for parties to form a binding contract, there must be a meeting of the minds on all essential terms, including and most specifically, an agreement on the price," he wrote.

Keeshan said the contract also would have been invalid because the couple agreed to let Dimmick in the home only because they knew he had a knife and suspected he might have a gun.
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Old 11-30-2011, 9:35am   #2
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Pretty sad we live in a country that would even consider such a crazy lawsuit as this.
I was part of a major lawsuit against NY Life back in the mid 90s and they were completely in the right but still lost millions to a guy that was an outright criminal.

I know our system of achieving justice isn't perfect, but some of it's failures are astounding.
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Old 11-30-2011, 10:16am   #3
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Quote:
Originally Posted by TxAg View Post
End the criminal. Seriously. Just end the POS.
And for the bonus round, throw in the lawyer willing to move forward with this suit.
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Old 11-30-2011, 10:24am   #4
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Must have been bad snacks. I always give kidnappers Chicken in a Biskit crackers and canned cheese. My kidnappers have never sued.
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Old 11-30-2011, 11:56am   #5
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Old 11-30-2011, 3:03pm   #6
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Aren't contracts made under duress (knives and guns) null and void?

I think is the legal reason this will be thrown out.

But thinking logically, why is this guy still breathing?
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Old 11-30-2011, 3:23pm   #7
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It's a sad day in this country when people don't stand by their word.

I hope he wins.

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