The story of a husband and wife team getting detained and attacked by security guards at a shipping facility got lots of attention when it went down in late December of 2018. At the time, the trucker involved was charged with assault despite video evidence showing he and his wife being attacked by multiple guards. Now, Charlie Kirker, the trucker involved, has updated us that he beat the charges against him and is still fighting back!
Back in 2018, Clinton and Shannon Kirker were picking up a load from a shipper when they were involved in a physical altercation with multiple security guards. The couple was there to pick up what they believed to be a load of produce from Metro Foods. When the guards asked them to get out of the truck so they could inspect the vehicle, things got tense. Kirker and his wife decided to leave without picking up the load, but the security guards physically stopped them. The load was actually high-value pharmaceuticals from Metro Logics including vaccines for the CDC.
What followed was the subject of two lawsuits. Kirker was charged with assault for allegedly pushing the guard (around the 5 minute mark in the video above). That charge was downgraded to Disorderly Conduct – Interfering with a Business. Kirker was found guilty of that charge in January 2019. But in a surprising turn of events, at Kirker’s appeal, the prosecutor offered to dismiss the charges against him.
Kirker wrote an update in the comments of the TruckersReport article on the incident, posting a note saying “Thank you to all those that supported me through all this.”
While Kirker is now 100% in the clear legally, he and his wife are still pursuing an ongoing case against shipper Metro Foods and security company Paragon Systems. According to Transportation Nation, the Kirkers are alleging “libel, slander, malicious prosecution, assault, battery, and theft of property.”
Source: transportationnation, truckersreport
It’s disgusting. The video very clearly shows security started the physical confrontation. It just goes to show, even if you have proof you’re not at fault, you still get charged; go to court; are prosecuted; found guilty.. Thankfully someone eventually saw what a tremendous injustice occurred and dropped the suit upon appeal.
Did this go to jury? Must of had the 3 blind mice and their cousins voting guilty.
Unfortunately in today’s justice system you are not “innocent until proven guilty” you’re “guilty even if proven innocent”.
You know this is what i hate the most….. when they don’t tell you exactly what you’re suppose to pick up!! Who needs to search your vehicle when you’re picking up produce? Had they been very specific about what it was then they would have probably been more cooperative.
The security guard started it and I don’t see where they think they have the right to detain you for no reason they’re rent-a-cops if it was me every one of them would lose their damn job
A good lawyer is going to have fun with that company and its security personnel. I would bet that there has been a line of attorneys ready to take on the company and file lawsuits for the driver and passenger who were both assaulted by these guards.
Wow. I see a lot of charges that should be brought against the security guards. That’s how your treated as a truck driver though. Since we are so regulated by federal Goverment were are they at now when this happens. Time to walk off job and let them all sit.
That is awful. I hope they win enough money to retire and thier grandkids to retire. Police/Security guards has gotten way out of line.
Rent a cops
This video really doesn’t show anything… Yes there was a fight, but no there is no proof as to what caused the fight. People need to investigate this story as even the names of the individual are not accurate… One moment the man’s name is Charlie, then it’s Clinton. Trucker report either get your facts straight or clean up the lie which ever it is.
I hope they get enough money to bankrupt shipper Metro Foods and security company Paragon Systems and the lowlife cretin who actually started the fight. Be justice if all drivers refused to take a load to or from Metro scum.
That’s exactly what I would do. Stop taking any loads from. Nobody deserves that kind of treatment especially trying to make a living.
I’m curious as to the stance of the company they drive/drove for. I don’t recall seeing anything about it in the previous articles. Are they backing the drivers or bowing to the shipper to save that relationship? Did they give their driver’s misinformation about the load as part of that load security? I’m sure there’s more to the story than these short articles give and there was no sound but the driver had his hands in his pockets walking back to his truck when he was restrained by the guard, how is that assault on the driver’s part? I think it’s clearly a big company trying to cover their own butt and the butts of their overzealous security guards.
That is pretty sad to say the least. Like 10 persons against 2. Everyone involved from the company should be charged. No matter what the circumstances the security guard who laid hands on the driver for no reason was the instigator. Hope they get maximum financial outcome for this.
That is the real reason our founding fathers gave us the second amendment. Freedom isn’t free. The cost is saying no and leave me alone , then what happens next ? Imagine what the security guards & cops would have done if it wasn’t for the possibility of arms.
As a security guard and million miler; The truck driver is responsible for that vehicle and what goes in it! Since the vehicle was outside the gate and basically on common ground, lets add false imprisonment and assault to those guards and their client!
Outside the gate – they can stop you from entering but they CANNOT STOP YOU FROM LEAVING. That is exactly what this video shows. Driver was returning to his truck to leave and the guard put his hands on the driver stopping him.
All security guards in this video should have been arrested for assault.
This is ridiculous the driver he was walking back into his truck the game START by security guard lay hand on driver . I don’t care what is the regulation or requirement at the receiver the driver he have his right to go back into his truck perhaps he also can drive off away from receiver security has no rule and no right to stop driver get back into his truck 100% security fault, most of them 95% in those guys mind they thought they’re either a cop or secret agent cop or something.
I can see clearly COMPANIES allowed security to lay hand on driver like this deserved to get sue and make sure put them out of business , by the way driver please post these companies online let other drivers to know theses places assault driver don’t go here pick up load or delivery. Driver has the right to refuses to go certain places if unsafe to driver .
Soon or later no driver delivery for them they would be out off business .
You can’t blame metro foods it’s paragon security who is at fault sue the hell out of them
Since they did not pick up the load and the security guards elected to detain them without theft, just on the surface of this whole thing I would suggest adding false imprisonment to the lawsuit. I am feeling a double standard. If the roles were reversed, I have a feeling that there would be 10 security officers in jail/prison. Also, theft? I would like to know what was stolen and by whom? Good luck with the case.
Just imagine how this would have been if it had been a crew of white security guards jumping on a black driver. The circus would be all over the place.
It would be on cnn 5 min later
Black drivers white drivers Arab drivers does it matter
There is more to this story. What kind of produce you haul on a multi-placard dry van?
If truckers had a spine, they would all put this company on their blacklist.
It’s not a matter of having a spine and you know it . Company drivers don’t have the right to refuse a load or if they do they’ll likely lose their job .
Lol so what if they lose THAT job! There’s like over 500,000 trucking co. in the USA.
U must be a newbie..
Walter Grogan
That’s not exactly true! I’m a Company Driver and I’ve turned down Loads going to Atlanta, Georgia twice, only because the Shipper would unload my trailer 24 to 48 hours after I arrived and after they unloaded all trailers who had men drivers.
I’m still driving with this same Company today. You know why? Because my Dispatchers loves me and knows that I am the safest driver in the Company.
I care more about my Life, my Family, my Company Truck and Trailer, and they know it.
So what you said is Bogus! Go get another life, bud!
Eventually, some driver will get dispatched to do the delivery, who hasn’t heard about this. Again, it’s not about spines. Every driver can’t know every thing about every shipper – and it’s a good bet that your dispatcher isn’t going to tell you, even if he knows.
You make a good point “a good bet that your dispatcher isn’t going to tell you,” and this is why dispatchers have earned their bad reps, they will omit information about delivery or pickup sites just to get anyone to do an undesirable load….total B.S.
Good luck with truckers unite. Play the lotto first, better chance
I had something like that happen to me in the eighties. Got jumped by a munchkin with a badge at a port of entry that thought he was Barney Fife.
The rent-a-cop wound up in the hospital and I wound up on Canada’s “do not enter” list.
It was a win-win all around.
I salute you Sir! 😂😂😂
You didn’t take Barney’s bullet out of his pocket did you?
Oh yeh if that would have been an african american driver and his old lady things would have been alot different al sharpten would have been all over that but it was justpoor old white guy and his wife i dont understand why they would not let the guy leave he had not even been through the gate yet i hope they sue the shit out of everybody involved including the broker that probably lied to that driver what he was picken up so they could rob him of the rate that more than likely went with that load of PRODUCE LOL good luck driver hope you and your misses are ok
I can’t believe that this shipper would not have fired this security company. Clearly, the security guards were the ones who initiated this altercation, with the one guard all but getting directly in the face of the driver and blocking him from walking to where he was going. I hope you sue the hell out of these clueless morons !
Many years ago when, I was a trucker I had delivered a load of fresh chicken to near Pittsburg. I had the trailer washed out and went to Heinze to load. This was when to loading dock was a building back in by the river. After struggling for about a half hour to back in with a conventional without power steering, the guards decided the trailer smelled bad. They forced me to leave at gunpoint, but did not beat me. This was during the coffee storage and took a long time to find a can of coffee to sprinkle in the trailer. I returned and loaded. Anybody that loaded at Heinze in the 70’s know what it was at the warehouse my the river.
Yeah ,security is in wrong here,if it is because that hat(i think it was trump hat)it make even more ridiculous,they have no right to stop anyone leaving place not picking loads
Yeah ,security is in wrong here,if it is because that hat(i think it was trump hat)it make even more ridiculous,they have no right to stop anyone leaving place not picking loads,hope they win the case with huge payout
The sad thing is no matter what happens the family has lost their reputation, and ability to work with carriers again. All the things they lost. Maybe their home cause bank doesn’t care if money is coming they want it when its due. A bad word about a driver moves quick, a revised word doesn’t move at all. God Bless the family in their future.
That was an assualt trap..some of these warehouses are practicing hostilty at there facility..normaly there would be one or two guards at the guard shack..this was a clear set up to attack a truckdriver..it clearly shows there was over 7-big guards there because there motive was to attack a truckdriver to set an example..it clearly shows the trucker was being harrassed and then attacked..they hired those black guys to attack the truckdrivers..my belief is all truckdrivers should carry guns and use self defense when needed..my question is where is this warehouse located..c&s distribution around montgomery new york tried that bs on me.i just called the cops on them right away.
I had something like that happen to me as well. 3:00am tow truck shows up at a Wallyworld. Bang on my truck, roughed me up sent me to the ER. The company “Dahl Trucking” out of Langdon ND said it was my fault, refused to pay hospital bill through worker’s comp. I’ve sence quit, actually drew up signs and protested the company.
I thi k the security guy in dark clothes was on drugs. The way he was fidgeting and pacing around from the beginning…just appears like he was looking to start trouble. And what’s the deal about the load being pharmaceuticals shipped out of a food distributor?? Nothing right about that place period. Shady
I would donate to a GoFundMe if he needs money for a good lawyer. I would sue the s. Out of all of them.
Those security guards are damn lucky the wife didn’t stay in the truck and shot them all. That was clearly the guards assaulting the driver.
Are you all sure this legit? Produce and pharmaceuticals could not be any different agree?
I have never seen a produce carrier without a reefer. Does anybody see a fuel tank under that trailer?
Maybe they weren’t as innocent as they claim.
Jus saying.
Hope they Win the Lawsuit to the “tune” of Millions of Dollars! Put BOTH Companies out of Business!!! Even Charge those Security Guards (I use the term extremely “Loosely!) with Assault Charges!!! No Excuse for “Abuse of Power” That couple WAS LEAVING!!! Nothing WORSE than DIRTY Cops! No matter IF THEY ARE “Rent-A-Cops”!!!
It is clear that security guards are becoming as overzealous as most law enforcement officers. I witnessed a situation where a privet cop at an event mistook an employee of the venue as one of the protesters outside because he was dressed like the protesters (Jeans Long hair and black hoodie ). Fortunately the event manger show up in time to set security straight. It was a small event so there where no IDs issued for staff but they where not believing the kid and they didn’t try to contact anyone to verify it.
Not so alpha now, huh. Wish they’d beat him harder.
Clearly a violation of his civil rights. Not only does he have a winning lawsuit against the company but also the law enforcement agency that must not have considered the video evidence when falsely arresting them. Also they can sue everyone of the security guards individually. And if it’s a contracted security company; the private security company can be sued. This is unbelievable! Looks like a hate crime to me. Oh and the guards can and should be charged.
Another side note to add to your case. That could also be false imprisonment for not letting you leave and or detaining you. Also if you were wrongly terminated from your employer because of this you could possibly go after them. I’m not into suing but in this case the video evidence changes my mind.
Sounds like they got mixed up in a shady operation. Produce turns out to be poisons for the CDC. Hmmmm.
You see who instigated that , the security guard did , and the driver had every right to refuse and leave without the load , because he was being harassed , I’ve never had anyone search my truck to get a load and they never will. I’ll leave before I allow any security guard search my truck as though he thought he was a police officer. No consent , they got pissed cause he gave them shit over it and he was white they were black and thought they could fuck with him. I’d sue to , that guard company and the food company for allowing them not to leave in a attempt to resolve the issue with peace. It was carried way to far out of hand by the security guards who have no grounds to touch you in any way period. Call the company tell them what’s going on and go from there let them handle that situation. You the driver just stand back
You all must be newbies!! If the driver was asked to leave the truck, then he should of left. That driver was probably picking high security pharmaceutical products and it was a company policy for the security guards to check his truck out. This same thing has happened to me twice, where I’ve been asked to vacate my truck. I agree that the security guards went a little over the top but it all would of been avoided if the driver got out and let the guards do what they were instructed to do. We all see pushing but what did the driver say provoke the pushing.
Doesnt matter WHAT A PERSON SAYS. NOONE HAS THE RIGHT TO PUT THEIR HANDS ON YOU…STATE LAWWW
I would sue these racist fools back into the Stone Age! If you can’t COMMUNICATE without having to put your hands on people then get out of the security business!
Immature fools!!!!
Truck drivers are god you cannot hinder a truckdriver. In court hands down this driver wins
Wow…. Just watched the video… So by telling them they wasnt going to take the load got them attacked… Watching the video that driver was attacked plain and simple… I hope they have a good lawyer and sue… Ive been in the trucking industry for 21 years and never seen such a thing. Ive had some places get pissed because when i got to the place it wasnt what i was told i was picking up and i refused pickup but never to this point.
HERE IS AN EXCERPT OF TENNESSEE LAW
…. the security officer may not detain the suspect without consent. He or she must either arrest the suspect on supportable probable cause or expel the suspect from the private property.Jan 12, 2004
http://www.tn.gov › content › dam › tn › attorneygeneral › documents › ops
Opinion No. 04-006, Authority of Security Officers … – TN.gov