Do you agree with WV state courts decision?

Question

i forget the exact names of ppl involved but heres the deal.

There was a 39 year old woman who entered a small tobacco store and raised h**l on the cashier/owner (aged 18) about some store policy she had a problem with that i dont remember exactly what it was. The store owner (18) told the woman (39) to get off his property, when she refused and kept arguing he took hold of her firmly and dragged her out of the store.

she called the police claiming assault, but the police did not arrest the guy, and when she took it to the state's top court, they agreed with the police and the store owner was ruled to have never commited a crime under state law. this is the conclusion that the police made and the court later upheld:

1. the woman was given a verbal warning by the owner (or renter) to leave his property, when the woman refused to leave AFTER her verbal warning was received, she became a tresspasser.

2. Because the woman was in fact a tresspasser and was refusing to leave peacefully, the store owner used neccesarry but not eccessive force to remove a tresspasser from his property which is legal.

my question is, what do you think of the case?

Answer 1

Right decision.  Also, she sued, because if no criminal case was filed, it never went to court.  Consider.  You come home and a woman has set up a home on your lawn.  You tell her to leave.  She won't.  You help her off your land.  Should you be a criminal?  No

Answer 2

guest of the store is a customer

ask guest to leave or be escorted

store owner rules