Man charged for firing shotgun at tow truck operator
JAMES_EDWARD_SPIVEY.jpg

BRUNSWICK COUNTY, NC (WWAY) -- A Brunswick County man is out of jail after being charged with allegedly firing a shotgun at a tow truck operator.

According to arrest warrants, yesterday James Lee Spivey, 39, of Ash, fired a 12-gauge shotgun at the truck belonging to Rosak Tow and Recovery while Gary Smith was inside. The warrants also say Spivey pointed a rifle at Smith.

Smith says he was there to repossess a truck when the shooting happened early yesterday morning. He says Spivey told him to get out of his yard, but said he could not because the tires had been shot. Smith said when Spivey fired again, he drove off with the flat tires.

Spivey is charged with discharging a weapon into occupied property, assault with a deadly weapon, assault by pointing a gun and injury to personal property.

A Sheriff's Office spokeswoman says Spivey is out of jail under $67,000 bond.

Smith says he is OK.

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Spivey has been terrorizing the neighborhood and surrounding area for years! Will he finally be incarcerated? We doubt so in the Pireway area. Several assaults and DWI's later he still remains at large.

MR. PIREWAY,
AS IF NO ONE KNOWS WHO YOU ARE, SURELY EVERYONE KNOWS YOU...THAT READ THIS. PLEASE EXPLAIN!
"REMAINS AT LARGE". IF YOU KNEW THE WHOLE STORY (WHICH SO FAR IS SO ONE SIDED)YOU WOULD HAVE DONE THE SAME THING AS SPIVEY DID..... TO PROTECT YOUR FAMILY AND PROPERTY. THE REST OF THE STORY IS NEAR TO COME I ASSURE YOU. SMITH WAS IN THE WRONG.

Gary is a long time friend of mine and I am very happy he is physically alright although he is very shaken up. It is simply a miracle that nobody was seriously hurt. However just because a gun was used in this case, this incident should not become an argument about gun control it should be about crazy people doing what crazy people do. If this man did not have a gun, maybe he would have used a knife, or thrown sticks, or who knows what else. But there are crazy people out there doing things every day and they do not get the help that they need.

It's amazing how many people think they know what all is involved in repossession and bailbonding work, we do take classes so that we will know what our rights are, most of us try do work with people to peacefully resolve the situation, but most of the people we deal with just don't care about doing the right thing. I've been shot at more times then I care to admit qnd yes it scares the crap out of you the first few times, these jobs are nothing like lizard lick or dogg the bounty hunter, those people are fools to say the least.

"another responsible gun owner?" with that reasoning, where is the outrage over responsible car owners..or those who kill themselves over eating too much. we have a thing called the constitution and that has something called the 2nd amendment. are there abuses? sure but there are abuses of free speech as well.. lets not be so "simple minded" that we use something like this to advance a Marxist agenda!

Illiterate Trooper for real only.

As a repossession agent myself, it is hard being in the field not knowing if you are going to come home to your family because of nut jobs that want to shoot at you over a vehicle. Most repossession agents are not allowed to carry hand guns, because of that reason, we would shoot back and someone end up dead. I am happy this man is OK just wish the other man had NO BOND to set a president and show that it is nothing personal we are doing our JOBS~~

so let me get this right ,, this guy,James Lee Spivey, 39, of Ash couldn't pay the payments for his car right ,, then the back's call on Rosak Tow and Recovery to ropo the car do to lack of payment i'm sure it was over 3 payments that he didn't pay,,so now this guy gary smith is just a worker who i trying to make a living and to work to pay him own bills too, so they send him over there to get ail the car and this guy shoots at him,, and could of killed this other guy [ gary smith ] and yet he is walking the streets again,, the bail was over $$ 67,000 and he had the money to come up with that but not a car payment ,, and all this could of been avoided in the fist place if he payed his car ,, i hope this guy gary smith sue's the heck out of him for damages and mental stability to work for the fair of being shot at !!! there should me a law to protect tow truck drivers !!!!

I say hoorah for the homeowner, if a stranger pulls up in your yard and hooks to your vehicle, you should have the right to protect your property, if the rpo was legit all the company should need is the right paperwork and a deputy to escort them, I have a boat trialer right now that was repossessed and sold to me thru a bank along with the boat/motors and etc..., only problem is, the trailer VIN does not match the paperwork, hull and motors do, some overzealous REPO COMPANY and bank stole somebody's property, and SOLD it!

Anyone that fires guns at other people should not be able to get out of jail at all. There has been to mmany sbooting in the pass month and. the shooter continue to get out of jail why? look for instance at the guy that shot and killed Anglo Freemon with the record he had he should have never been released.

of Lizard Lick Towing

Yet another responsible gun owner...

Really!!!....not sure about the rest of you...but I don't consider this guy a responsible gun owner!!!

He obviously isn't a responsible gun owner. But nice try.

Obviously he is NOT a responsible gun owner!!

do you guys really not get the sarcasm in the last two posts?

By extension of your incoherent logic, since some people drive drunk and wreck their cars, cars should be banned. Nice try leftist! There is only one side of this story printed, who knows what the tow truck driver was doing (probably on this mans property illegally.) Repo men are so ethical y'know.

Obviously, you have no concept of what repossession means, so let me clear it up for you! When a person aquires a loan to buy anything, that means they owe a monthly payment on whatever it is until it is paid off in full. When the loan goes into default, the bank sends out a repossession order, and brave repossession agents go out and try to find these these items that people "assume" they no longer need to pay for! Nothing in this world is that important to where you shoot at someone just trying to do their job. People like this man, (if I can even call him a man, more like coward) are the lowest form of scum that need to hide behind a shotgun because it makes them feel more inferior!! Here's a tip for you: pay your bills and repossessors won't be on your property looking for something you quit paying for!!

Typical 2nd Amendment Nut Job Logic. "He shot at the man, he must be within his rights. The guy was on his property trying to take stuff that this guy didn't pay for." Yeah, and maybe he was wearing a hooded sweatshirt and carrying a bag of Skittles. Ready, Aim, Fire!

Well smarty if he would have paid his truck note I would not have had to go to his house and repo his truck that in one of his parents name along with his name and if he was any type of good person he would not have ran away like a rat he was out on bond anyway for a felony running from the sherriff dept and jumping into the river and he has court in Dec for that so talk what you know he also called someone and had them to say things that are only going to get him into more trouble iam a trooper can and will remain a repoman remember I fear no man ,rat or dog,u gotta luv it I do peace

I don't know who the "I'm a trooper for real" person is, but I'm the real Gary Smith that this incident actually happened to. I have read the posts that others have made about recovery agents in general. I'm just a guy with a wife, son, and dogs; just trying to make a living like everyone else in this world. I have been a recovery agent for over 25 years. I'm not some young kid out here trying to intimidate people into giving up their vehicles or being some disrespectful A-hole. I sympathize with anyone who has ever had their vehicle repossessed, but I do have a job to do. Most people are actually decent when I have to make them a visit, and others act like Mr Spivey did. You just never know what situation awaits you the moment you pull on to someone's property. I go to the address that is on the repossession order to try and obtain the property that the bank has listed, not to mess up someone's yard or steal something that doesn't belong to the bank, as one poster had mentioned. I'm not some sorry, uneducated SOB that deserved to be shot at, nobody deserves that. I'm just happy that I was able to go home that day and be with my family. So, to anyone out there just trying to make a decent living, stay safe, cause it's a cruel world we live in.

You may not fear man, rat or dog but apparently you were scared to attend English class. Don't be afraid to use punctuation either, let it be your friend.

right-wing haters never get it right. i drive tow trucks when i'm not a big bad lawman and i'm always legal. he was probably trying to repo the man and he didn't want him too!!?! you sound like someone that had his car repo'd befor!! that is why you are mean. if i was the driver i would have had my gun and he could feel hot lead because that's what i do?!!

You repo jockeys are so responsible, honest and law abiding, as witnessed by the violent diatribes posted here. Again, the story is so poorly described there is no telling what transpired. Just because you are late on payments does NOT give some Lizard Lickers the key to your property. SO many stories of repo boys tearing up peoples property, land, etc...threatening people, stealing stuff that is not part of the repo, etc etc etc..... There is a process which too many repo boys choose to ignore. You lizard lickers better be careful whose property you are trespassing on in the middle of the night, you might be confused with a burglar and catch some 5.56 rds, and that would be such a tragedy!

You have watched way too many "scripted" repo shows! People know when they get so many months behind on their vehicle payment, and refuse to talk to the bank to make some kind of payment arrangment, that their will be a repossession agent on their way to try and aquire the vehicle! Most banks will work with people who may be having hard times. After all, all they really want is the money you owe them, not the vehicle. So, don't lump all repossession agents in the same category. Sure, there may be some that have done what you mentioned in your post above, but many are just trying to make an honest living and go back home to their families alive. So, until you have walked in the shoes of that repossession agents shoes, who are you to judge his character as an individual?

He was repo'ing the truck the apparent nutjob wasnt paying for. Ya know that happenes when you dont pay for stuff you promise to pay and its secured by collateral they come and take it back otherwise the loan would be impossible to collect.. DOH.. The Repo guy had legal papers for the truck and therefore under NC law he had the right to come onto said property to recover the property of the bank/loan institution which was the truck that secured the loan the deadbeat didnt pay for.. You buy stuff and dont pay for it you lose it period!!! Thats the law!. The idiot should be charged with attempted murder is what he should be charged with.

As for your comment about repo men. Let me say this.. I got a car repo'd in 2003 was I pissed sure but I was made at my own situation too the guy was just doing his job. I guess you feel the same way about bounty hunters who hunt down criminals who are out on bail and dont show up to court too huh??? Afterall its the same principle secured loan by promise to appear, bonding company puts up the money you cant afford to so you can get out of jail. You fail to comply or dont show up theyre gonna come repo your rearend and put ya back in jail..

WERE YOU WITH HIM? SINCE YOU THINK HE WAS NOT DOING ANYTHING ILLEGAL! YOU DONT GO TO ANYONE'S HOUSE DURING THE MIDDLE OF THE NIGHT AND ROAM THE YARD AND SHINE LIGHTS IN AND AROUND THE HOUSE PLUS SIT IN THE YARD ALL NIGHT FOR 6 HOURS TERRORIZING THE WHOLE COMMUNITY.WHERE ARE YOUR MORALS?

Like I said in my earlier post, had you paid your car payment, I would've had no reason to come to your house and be on your property. The bank sent me to your property to pick up a vehicle you weren't paying for! I wasn't the one in the wrong, I was doing my job. I'm not the one who was arrested for my actions. I'm also not the one communicating threats through other people saying that if I come back around that area, that I'm a dead man! Also, you should thank your family members for giving me the code to the gate in the first place. But after all is said and done, this whole entire matter will be settled in court.. then we will see who was actually in the wrong!

I AM HIS ONLY FAMILY MEMBER AROUND THIS AREA, I DONT EVEN KNOWE THE CODE. ROY IS NO KIN TO US.

If these guys are really repo men they have watched to many B movies. Most of these guys a poorly educated with big egos. Even though most of them think they are semi legal officers they are just one step higher then the people they are stealing from. Just bill collectors with a truck. This said it still does not give us the right to shoot a good truck.