Report of Stolen Vehicle,
Notes: By Bret Wiseman, owner
1771 28th Ave N.E.
Salmon Arm B.C.
Canada V1E 3X2
1964 Ford Thunderbird retractable convertible, candy apple red, red leather interior, white top, all factory original, numbers match,
Estimated replacement value of vehicle when stored, $28,000 Can.
Last insured (expired) 31/10/1982
Plate BBT 302
Registration number 7943245
Body style, 2DCON
VIC Code AW901A
Vehicle Identification (serial) Number 4Y85Z160963
Constable Warnica, Burns Lake Detachment, R.C.M.P.
File 2009-2931, 250-692-7171
Vehicle was in the care of
Clint and Deanna Lambert, current property owners, 250 694 3811
Removed for confidentiality
Previous property owner
Removed for confidentiality
Previous property owner and owner of neighboring property, Father of Bret and Justin
Bob Wiseman, McDonald Landing Road, Tatalrose, 250 694 3713
Lived on the property prior to Justin Wiseman, discussed vehicle missing with Removed for confidentiality
Can be contacted at Removed for confidentiality
Removed for confidentiality, Burns Lake, works on the François Lake ferry
Saw vehicle being towed on a trailer across the ferry sometime in spring 2009.
Example of 1964 TBird
Example photo of 1964 Tbird, LH Front
Example photo of 1964 Tbird, rear, top down
Where the vehicle was located
Take Hwy 35 south from Burns Lake 27 Km. to Francois Lake ferry landing. Take ferry (15 minute trip) across lake to South Side (Francois). Travel south 8 Km. to Tatalrose Road at Grassy Plaines general store and turn right, head west 7 Km. to Tatalrose Lake and the Lambert Ranch. Continuing past Tatalrose Lake you will reach McDonald landing Road on the right. Continuing on Tatalrose road west, the property the vehicles were located on is the first driveway on the left, approximately 3 Km past McDonald Landing road. There is a metal gate blocking the driveway. Proceed up the driveway to the house, follow the dirt track to the left along the trees at the edge of the field until it swings right and crosses a fence line. The vehicles were stored in crates on the opposite side of the fence.
Vehicle Location (crates are visible)
#8 TATALROSE ROAD, BURNS LAKE, BRITISH COLUMBIA, V0J 1E0,
AGRICULTURAL LAND RESERVE PLAN 7828
This 1964 Tbird, and 3 other collector vehicles, (a 1967 Mustang, 64 beetle and 79 Dune buggy) were put in a storage crates in 1982. These crates were approximately 8W X 6H X 20L, with the vehicles resting in them on blocks to keep the suspension hung. (removing one of them would require disassembling the crate, lifting the vehicle off the blocking, towing the vehicle or pulling it onto a trailer (they have not run for 27 years) and driving out through the fields with it. Removing one of them would require an intimate knowledge of their location and what would be required to remove them. They have been in storage since that time on the south side of Francois Lake, South west of Burns Lake, B.C.. The section of land owned by Justin Wiseman and family that the vehicles were stored on was sold to Clint Lambert. Justin contacted me to indicate the sale of the land was going through and ask what I wanted to do with the cars that were stored there. Prior to the sale I contacted Clint and indicated I would arrange to move the vehicles for storage to either another location on the Wiseman farm or to my current location in Salmon Arm.
Clint later contacted me and indicated a desire to purchase the 1967 Mustang, we discussed the option of the vehicles remaining at their stored location until I was ready for them, and he would then move them to Salmon Arm. I was assured there was no urgency in moving them as they were out of the way. As payment he would be given the 1967 Mustang.
The summer after the sale of the property Clint contacted me wondering if I would like to have the vehicles moved to Salmon Arm when he came down to get fruit. I had been in an industrial accident that had resulted in a crush of my right hand and amputation of the top of two fingers and was not in the position to deal with them at that time. The decision was made to leave them at their currant location and this was not an issue. I was also asked if I was interested in selling some of these cars, to which I indicated that I was not.
I spent most of that summer in rehabilitation and nothing was done with the vehicles. The next spring I was told by my mother that the land the vehicles were stored on was up for sale by Lamberts. I contacted Lamberts and expressed my concern. I was assured that there was no issue as the land would not be sold quickly. I discussed this with my brother Justin who was living in Mclease Lake at that time. It was acceptable to him that the vehicles be moved to his property there. I contacted Lamberts and indicated that the vehicles should be moved as soon as possible. I also indicated that Clint would only have to move the vehicles to Mclease Lake, saving him time and fuel costs, and that I would leave the Mustang as payment as per the original agreement. When I ask Clint if he had a way to move them he indicated that he did not but would be able to find something.
As the summer progressed and no indication that the vehicles would be moved to the new location was forthcoming I again discussed this with Justin. Justin was looking into the purchase of a flat deck trailer that could move them and I ask him if he would move them off the property now owned by Lamberts. I told him to leave the 67 Mustang and that if there was a concern about payment for it (as Clint would not have moved the vehicles) I would have the Mustang surveyed (appraised) and he would only pay what it was valued at.
Note that during all of this I was employed and working at the Kemess mine in northern B.C.
I returned to the Kemess mine and later contacted Justin. Justin told me that he had contacted Lamberts and that Deanna had told him that Clint and I had a deal to move the vehicles and that he was absolutely not allowed to pick them up. He was informed that if he attempted to go on the property she would contact the RCMP.
I contacted Deanna from the Kemess mine and ask to speak to Clint as to what was going on, I expressed my concern that they had not attempted to contact me after putting the property up for sale while my vehicles were there. She told me Clint was on a hunting trip and that what they did was none of my business and they did not have to let me know what was going on with the property. At this time she also mentioned that they had been looking into declaring the vehicles abandoned and having them transferred into their names.
I made it clear that the vehicles were not abandoned, they had no ownership rights to them and that I expected the original agreement to be honored. I also restated that if Clint could not move them that they were to contact Justin and make arrangements to have this done. I told Deanna that when I got out of the mine I would contact Clint as well.
When I contacted Clint he assured me that all was ok and the original deal still stood. I accepted this and again expressed my concern that the vehicles should be moved as soon as possible. I again noted that the property was for sale, that I did not want potential buyers looking at the property with my vehicles there and that winter was approaching. I again ask if he had a method to move the vehicles and he said no but could find something. I again stated that if he could not find something he should contact Justin to arrange to have the vehicles moved and that he would only have to pay the costs of the move (IE Fuel) and that the Mustang would be his. He said the vehicles would be moved.
After another work set (or 2?) at the Kemess mine and the vehicles had not been moved I contacted Clint and ask what was happening. He informed me that there was snow and that they would have to be moved in the spring. I expressed my frustration that they had not contacted Justin and arranged to have the vehicles moved as had been arranged. This would have been near the end of November 2008.
I contacted ICBC and expressed my concerns that there was an attempt being made to acquire ownership of my vehicles. I explained the details of what had been arranged and the VIN numbers were looked up and ownership confirmed to be Bret Wiseman. ICBC also indicated a fraud watch would be placed on those vehicles.
My attempts to contact Clint during the spring / summer of 2009 missed him as he was out at the time. I was not home for the better part of the spring, From Feb 10th to March 25th I was at the mine and than in Australia, returning directly to the mine. I did go out to the farm to visit my father and to address the issue with Clint but we never connected and I did not receive permission to go on to the property. I returned to Salmon Arm and then to the Mine. While at the Kemess mine I received a message from my mother that Kent, Clint’s brother, was trying to contact me. I replied that I would contact him when I got out of the mine as there was a lot going on there.
When I contacted Kent he indicated that he would be interested in carrying out the deal to move the two (?) vehicles in exchange for the 67 Mustang. I informed him that the deal was with Clint and that I was in the process of acquiring the legal right to go onto the property to retrieve my vehicles as Clint did not seem to be able or willing to move them and that once that was done I would be willing to look at that option. I then clarified that there was 3 vehicles to be moved and he indicated that he had heard Clint say that one of the vehicles was gone (the 64 TBird). I informed him that none of the vehicles should be missing, that I, nor anyone under my direction, had retrieved any one of them. He stated that he would be going by there the next day (19 Aug 2009) and would confirm that one of them was gone.
I talked to my father in the morning of the 19th and he said he would go by and check as well. I also called Justin to confirm that they had not moved the car. I talked to his wife Vangie and she had assured me that they did not attempt to move the vehicles after Deanna had denied them access.
I tried to call Kent in the evening but his line was busy. When I talked to my father in the evening he let me know that the 64 Tbird was no longer there.
I called Clint late that night and he informed me the vehicle had been missing since the spring.
I expressed my frustration and the level of my concern and informed him that this would be reported to the R.C.M.P. the next day, 20th Aug. 2009, and informed him that he should have done so when the vehicle went missing but should also contact the police.
Clint stated that he thought Justin had come in the fall and picked up the vehicle. This statement is without merit, as I had discussed his failure to move the vehicles in the fall after Justin had been denied access to the property to move them. He indicated at that time that it was no longer possible to move the vehicles as there was to much snow and it would have to wait until spring.
Clint did report the vehicle stolen to the RCMP, but information provided was, from my conversations with the constable assigned to the case, vague. It would also seem that the information indicated that I, or someone under my direction, may have removed the 64 TBird. I made it clear that this was not the case.
It was also indicated to the RCMP that the vehicles did not belong to me as they were left on the property after they had bought it from Justin, and that no written agreement was in place to show otherwise.
I continued to attempt to contact Clint and Deanna to ensure that the ownership of the vehicles was clearly in my name until such time as they were moved, as per our verbal agreement. My calls were unanswered and I would leave messages. It appeared that my calls were probably being screened using caller ID.
At one point I used another phone to call and the call was answered immediately by Deanna. I ask to speak to Clint and was informed that he was not available but he would be home from work at any time. I said I would phone back later. All calls later that evening went unanswered. I left a message that I would be coming out to the farm to retrieve the remaining cars, including the Mustang, and move them off of their farm until such time as they could be moved as per the original agreement.
I arranged my schedule to allow for the time to move the vehicles, and called to let them know, and recorded this message being left from my end as well. These calls were never returned.
I arrived as scheduled and went to the property to examine the cars. This would be the first time I had viewed these cars in several years. As I expected the crates had deteriorated and were collapsing in on the vehicles. The 64TBird was indeed gone, and had been for some time as the grass had overgrown the boards removed to get it out of the crate.
My father and I began the task of cleaning up the area and opening the other crates to remove the vehicles. When the crates were opened and the vehicles cleared it was determined that all the tires would need to be re-inflated and a floor jack needed to lower the vehicles from the storage blocking. The decision was made to go to town and get these the next day and finish preparing the vehicles to be moved.
The next day we left my fathers house to go to Burns Lake to pick up the equipment and supplies that would be needed to safely get the vehicles out of the crates. As we reached the junction of Mc Donald Landing Road and Tatalrose road we met two RCMP vehicles turning onto Mc Donald Landing road. We stopped to talk to them and the officer in the lead vehicle identified himself as Constable Warnica.
He indicated that they had been called to the South Side for another matter and had decided to follow up on the missing vehicle report as they were in the area. They had already been to Clint Lambert’s residence and had discussed this with them. Constable Warnica stated that they had been told during this visit that the vehicles did not belong to Bret Wiseman but to them as they were abandoned on the property at the time they purchased it, and as they had been left on the property the vehicles became the property of the new owners.
I agreed with the Constable that the vehicles had been left on the property, but that there was a verbal agreement in place to allow this and to have the vehicles moved when I was ready for them. Constable Warnica pointed out that without a written agreement in place this would need to be sorted out in civil court, as they could only enforce what could be documented and it would appear that Lamberts were going to use the documentation (agreement of sale) to claim the vehicles.
I agreed that there was no way for them to enforce the verbal agreement and that I would not attempt to go onto the property without their permission or an order from the courts, and that I would proceed into town and have a lawyer begin the proceeding to bring this to civil court to be resolved.
I requested that they (the constables) pass on to Deanna that I was not there to harass them and that she would not have to worry about unauthorized access to the property or vehicals, and that I would allow this to be delt with in civil court. They agreed to this and I proceeded to Burns Lake to hire a lawyer and begin the civil proceedings.
On the Francious lake ferry my father and I met Kent Lambert. Kent indicated that his daughter was interested in purchasing the 67 Mustang. I pointed out that the original agreement with Clint was still in place, that I needed to move the vehicles off Clints property establish ownership and when the 64 TBird was found we could proceed with the original agreement. I explained that I had not been allowed to move the vehicles and that I had been advised to proceed to show ownership by going to civil court, and that I was on the way to Burns Lake to begin these proceedings.
That evening my father and I were at the store / restaurant in Grassy Plaines and Clint came by. We discussed the issue of the vehicles and the missing 64 Tbird. Clint did bring up that, technically the vehicles were theirs as they were left on the property after they bought it. I made it clear that the agreement we had was valid, and that when we went to court I could show that this agreement was in place. That I had the phone bills to support the calls related to the agreement, the original quote to have the vehicles moved by a towing company, the testimony of Justin and Vanjie, the discussions with ICBC regarding fraud watch on the vehicles, etc. That, while a written agreement was not in place I could show that I had no intent to abandon the vehicles and every intent to move them.
After much discussion I made it clear that I needed to move the vehicles from his property to show ownership, that I still respected the original agreement but that included the 64 TBird (and this agreement has not changed) and that I would ask the court to rule on the ownership of the vehicles and the enforcement of the original agreement. As Clint would not sign a letter to the RCMP allowing me to take possession of the vehicles this would simply be decided in civil court.
Clint reluctantly agreed to allow me to take possession of the vehicles and ask that I pay him for storing them. I pointed out that as my 64 TBird had gone missing while in his care this was not going to happen.
While I reiterated that the original agreement was still in place it was for all of the vehicles, and would require the recovery of the 64 TBird. Clint indicated that he would rather just drop it.
We parted with the understanding that I would be back in about three weeks to move the vehicles off his property, that Clint would inform the RCMP that the vehicles were mine, the TBird was removed from the property without his authorization and that he had nothing to do with its disappearance.
Clint did phone later and left a message on my cell phone stipulating that if I was going to move the vehicles than I would have to take the crates as well. While this was not part of the original agreement I accepted this.
I returned after my rotation at the Kemess mine and my father and I prepared to move the vehicles. I hired a recovery truck to pick up and move the vehicles as well as the crates, and the area they were stored in was cleared of all materials.
PRESENT STATE OF AFFAIRS
Bret Wiseman followed up with Constable Warnica about two months after the vehicles were moved to see if there had been any progress in the investigation into the stolen 64 TBird. When Constable Warnica returned the call he informed Bret Wiseman that Clint had told him that the Tbird was theirs and that it was no longer a matter for the RCMP but would need to be dealt with in civil court.
No calls made by Bret Wiseman to Clint were answered and no messages were returned.
Summary from legal council.
Clint has declared that he had nothing to do with the removal from their property of the 64 TBird convertible, yet his failure to ensure the RCMP continue to investigate the unauthorized removal as a theft, and the fact that they have not made it clear to the RCMP that the vehicle belonged to Bret Wiseman, casts doubt on their indicate lack of knowledge of this situation. Further, information has been obtained to which Clint should have been clearly aware that was not passed on to Bret Wiseman, nor does it appear this information was passed on to the RCMP for their investigation.
Should information received from the private investigation continue to indicate a lack of candor, or indicate involvement further than what has been declared, a civil action should be initiated immediately.
Indications are that a civil action related to this matter may be required to resolve.
Preparations for a civil action naming Clint and Deanna Lambert, and Lambert Ranches, should continue.
Removed for confidentiality
Removed for confidentiality
Copyright © 2009