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KFOX Exclusive: Man Claims Deputy Constable Illegally Threatened To Arrest Him

A man has claimed that a deputy constable abused his power by showing up at his job and threatening to arrest him for not paying a bill.

"He told him that he owed Buddy's [Home Furnishings]," said Scott Vogelmeier, an attorney representing the man. "And that if he didn't pay Buddy's, he would arrest him, put him in handcuffs and take him away right then and there."

Vogelmeier said his client had rented items from Buddy's Home Furnishings. He said a representative from the company came armed with Deputy Constable Renato Lorenzo Rosales to collect payment.

"To go out there, and suggest that my client committed some sort of criminal act, which in fact he did not, and that he could be arrested and handcuffed and dragged away in front of his co-workers and the patrons of that restaurant, it's just absolutely incredible that anybody would think that's correct," said Vogelmeier.

Failing to pay a debt is not a criminal act and payment collection for a private company would be out of the legal realm of a deputy constable's duties.

"They are not allowed to be told they can be arrested, when they can't be arrested," said Vogelmeier.

KFOX contacted Rosales' superior, Constable Robert White. White said, "Deputy Constable Renato Lorenzo Rosales was relieved of his duty because of violation of policy and procedures on Jan. 20, 2010."

White said the termination was in relation to this incident, but could not comment any further because Rosales has filed a grievance with the county of El Paso.

Mark Edleman, General Counsel of Buddy's Home Furnishings, issued this statement to KFOX: "We are conducting an internal investigation as a responsible company. We are committed to following the judicial process and any applicable laws."

But Vogelmeier does not believe his client is the only alleged victim.

"I don't think this was the first day they did, is what I'm saying," said Vogelmeier. "I think several people have probably fallen victim to this type of action with Rosales and Buddy's."

Vogelmeier has filed a court petition on behalf of his client. He said Buddy's Home Furnishings and Rosales have up to 28 days to answer the petition.

KFOX will continue to follow this story closely.

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