Convicted For Shooting A Man, Prisoned For 7 Years, Becomes A Security Guard?

JH
John Honovich
Sep 24, 2016
IPVM

Check this:

Later, [Keith Scott] moved to Texas where he shot and wounded a man in San Antonio in 2002, for which he was convicted and sentenced, in 2005, to seven years in prison. He was released in 2011.

When Mr. Scott was not at his home, he was often at Gastonia’s Eastridge Mall, where he worked as a security guard for nearly a year and was regarded as a warm figure.

Granted, I am no expert at the security guard business but how does a person get convicted of a second-degree felony for shooting at someone 10 times, then get hired as a security guard?

I get that it is hard to find people to work as a security guard at the wages guards get paid, but is a felony really not a disqualification for being a security guard? Anyone with any insights about security guard hiring practices?

Avatar
Brian Rhodes
Sep 24, 2016
IPVMU Certified

I do not think he was armed security, but the fact he was an ex-violent felon working a protection job is hard to justify.

I like to believe that people, especially felons, can be rehabilitated and should be forgiven once they serve a sentence. For example, Martha Stewart is back doing white-collar, businesswoman WASPy stuff and everyone seems okay with that.

However, for right or wrong, there are crimes and occupations/interests that it seems stupidly naive to presume won't be a problem; pedophiles as coaches, DUI/DWI as truck drivers, and violent felons as law enforcers...

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U
Undisclosed #1
Sep 24, 2016
IPVMU Certified

I see this blurb on several security guard websites:

But in the statute I only see this:

Avatar
Michael Silva
Sep 24, 2016
Silva Consultants

Security guards are typically regulated at the state level and licensing requirements can vary from state to state. In my state, Washington, people can become licensed after a criminal conviction provided that enough time has passed. This time varies from one to ten years depending on the type of offense, as shown in this matrix.

I don't know the specific laws for security guards in Texas, but I do know that this state has some of the toughest regulations on the security professions in the country. For example, Texas is one of only three states in the country that requires a special license to be a security consultant. And this is not just a pay your fee type of license - you must undergo a background check, prove a certain amount of experience, take a test (held in Texas), have a specific amount of insurance, etc.

In general, it is getting harder and harder to disqualify someone for any job (not just in security) based on past criminal history. You generally must show a reason why the past offense poses a direct risk to the specific job that the applicant is applying for. For example, a past drug conviction probably couldn't be used to deny a person a job as a janitor, while the same offense might be used to prevent someone from being hired as a pharmacy technician.

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Undisclosed #2
Sep 24, 2016

So - let me see if I have this straight....you can have an 'old' felony on your record for trying to kill someone with a gun and still become a security guard.....

...but only if you don't piss hot for marijuana on your pre-employment testing.

what the...?

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JH
John Honovich
Sep 24, 2016
IPVM

Michael, thanks. Very helpful on the example of convictions impacting security guard employment.

I found what I believe is the relevant North Carolina law for security guards that appears to prohibit such employment for people with Mr. Scott's conviction. Here is the key excerpt:

Mr. Scott was convicted of a felony that included the use of a firearm, ergo he fails the 'good moral character' clause of the NC law.

Am I missing something?

U
Undisclosed #1
Sep 24, 2016
IPVMU Certified

Am I missing something?

My post from 2hrs ago, maybe? :)

JH
John Honovich
Sep 24, 2016
IPVM

So you are saying a citation from "Security Guard Training HQ", a SEO spam website, tops a citation of the actual North Carolina Law???

U
Undisclosed #1
Sep 24, 2016
IPVMU Certified

No, I also provided two images showing the identical statute and link to the actual statute.

Can you not see them?

Avatar
Michael Silva
Sep 24, 2016
Silva Consultants

My previous post assumed that this was in Texas. Sorry.

It appears as if NC provides an exemption if the person is working as an unarmed guard and is a direct employee of the facility being protected - in this case, the mall:

A person who works regularly and exclusively as an employee of an employer
in connection with the business affairs of that employer. If the employee is an
armed security guard and wears, carries, or possesses a firearm in the
performance of the employee's duties, the provisions of G.S. 74C-13 apply.

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U
Undisclosed #1
Sep 24, 2016
IPVMU Certified

His record:

Scott has a criminal record in three states, including Texas, South Carolina and North Carolina. Texas records show that he was convicted of evading arrest with a vehicle in 2005, and several months later of aggravated assault with a deadly weapon.

In 1992 in South Carolina, records show Scott pleaded guilty to contributing to the delinquency of a minor.

Court records also show a misdemeanor assault conviction in North Carolina from 2004.

His employment:

Scott worked security at the Eastridge Mall, according to court documents and his former employer. Robert Barringer, head of security at Eastridge Mall, said Scott spent a year in that security officer role before resigning in October.

Scott followed all orders and did as he was told during his 12-hour shifts, Barringer said Wednesday.

Barringer submitted a letter to the court in May 2015 asking for Scott to have permission to use a patrol vehicle while on duty. Scott pleaded guilty to driving while impaired in a Gaston County courtroom that month.

Sounds like his employer didn't care or know of his convictions, to the point of asking for special driving permission perhaps after an automatic suspension of his license.

GastonGazzette

Avatar
Oleksiy Zayonchkovskyy
Sep 24, 2016
IPVMU Certified

God bless America ))) An interesting discussion that is dedicated probably to few countries including US, Canada and some from EU.

As Ukrainian guy who has been several times in US, I can say that it is good that US has any regulations on that point. And good, that most of you have never been in Russia and other CIS countries for long time, otherwise you would be shocked... For example in Ukraine former president was elected already having 3 imprisonment terms in the past for heavy crimes: robbery, aggravated assault and rape. I barely understood how it was possible at all... but after election and his inauguration he changed the law in a way that aged crimes do not count in political career. We even have a joke that we had 3 times clean criminal record president...

As for the guards, you now are able to make some parallels... Most guard jobs are underpaid in CIS, thus plenty of people from jail are working as a guards, because they lost their time to have professional education and opportunity to have other job.

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UI
Undisclosed Integrator #3
Sep 26, 2016

Unfortunately, I do believe this is far more common than can be believed. The commodization of the guard business has resulted in the absolute cheapest people available getting a plastic badge and a uniform. I don't know if it is willful negligence on the part of the guard company or not, but I imagine if I worked for one of the large guard companies there would be some level of failure expected to slip through the cracks. Should they be held accountable? Absolutely. I believe some level of regulation may need to occur at the state level, which will drive costs up, and will in turn drive the price/hr up. Unfortunately, competing customer demands for low cost and zero accountability on their part may hinder this.

At least the issuing of firearms occurs rarely nowadays.

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Undisclosed #2
Sep 26, 2016

UM
Undisclosed Manufacturer #4
Oct 03, 2016

Depending upon how Scott's background check was conducted (or if one was even conducted), it is possible that the mall didn't know of his out of state felony conviction in Texas.

It will never happen, but I'd love to see what he put on his employment application.

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