Woman sues Holiday Oil for falsely alerting police of a robbery

Woman sues Holiday Oil for falsely alerting police of a robbery

(Brandon Whitworth/KSL-TV)


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DRAPER — Danielle Wilkinson went into a Holiday Oil gas station on May 26 and bought a drink and a couple other items. A few minutes later, she pulled into a 7-Eleven store across the street to buy an item she had forgotten she needed.

That's when Draper police officers, mistakenly believing Wilkinson had robbed the Holiday Oil, ordered her out of her car, handcuffed her and put her into the back of a police car, says civil rights attorney Bob Sykes.

Sykes is seeking $25,000 from Holiday Oil on behalf of his client, saying Wilkinson endured a traumatizing investigation after a store clerk falsely believed she was shoplifting, yet alerted police about a robbery in progress.

"(Store clerk Basma) Alkarkhi had pressed the 'hold-up alarm' button, which subsequently notified the Draper Police Department that a hold-up or armed robbery was in progress or had just occurred," according to Wilkinson's lawsuit filed Thursday. "In other words, Ms. Alkarkhi thought Ms. Wilkinson may have shoplifted, but she was not certain. Ms. Wilkinson had not shoplifted anything; she was entirely innocent of any wrongdoing."

Wilkinson was subjected to a search and investigation by Draper police for the next hour or so, and Holiday Oil is liable for Wilkinson's intense anxiety and embarrassment during the ordeal, the lawsuit claims.

The clerk was not properly trained to differentiate between shoplifting and robbery concerns at Holiday Oil, 255 E. Traverse Ridge Road, according to the lawsuit.


In other words, Ms. Alkarkhi thought Ms. Wilkinson may have shoplifted, but she was not certain.

–Wilkinson's lawsuit


"When questioned by Draper police, Ms. Alkarkhi responded, 'I'm new here, so I didn't know what I should do," the lawsuit states. "She further elaborated by telling the officer that 'her bosses told her that any time she needed to report anything, she needed to hit that button.'"

The clerk was reportedly suspicious of Wilkinson because she was in the store for a lengthy amount of time and had put something in her pocket.

"Not a single action that Danielle took while she was in the store was illegal," Sykes wrote in a letter dated Aug. 5 rejecting a settlement offer from Holiday Oil. "It was reckless for the clerk to notify police, in any fashion, based on those justifications. Danielle's entire deplorable experience during this incident was instigated by the false report by the Holiday Oil clerk, who the officers described as … 'scared to work there (and) who was too afraid to confront (Wilkinson).'"

Sykes also criticized the response of Draper police in his letter to Holiday Oil, calling the search of Wilkinson's vehicle a violation of her rights and saying some officers were unnecessarily aggressive toward her. However, he later withdrew allegations he originally made that an officer had inappropriately groped her during the search.


I think the police felt abused by this too because they don't want to go out on wild goose chases either.

–lawyer Bob Sykes


Draper police have reached a monetary settlement with Wilkinson in the incident, Sykes told the Deseret News. He said he couldn't disclose the amount offered in that settlement.

"At the end of this thing they were quite kind and apologetic. They were sincere and (gave) multiple apologies. I think the police felt abused by this too because they don't want to go out on wild goose chases either," Sykes said. "Those officers … had to do what they had to do. They can't show up to a robbery suspect and assume they're going to be nice and sweet."

Draper police officers "acted appropriately in their investigation of a potential robbery in progress," Draper spokeswoman Maridene Alexander told the Deseret News Friday.

"We are not seeking $1 million to settle this matter. We are not seeking an unreasonable amount in these circumstances," Sykes wrote in his letter to Holiday Oil. "We are offering to settle this case for what it is worth. We reduce our offer to $25,000, but that is as low as we can go, and it is a bargain."

Holiday Oil has offered a lower "nuisance-value" settlement, Sykes said, but he says Wilkinson "suffered far more than a nuisance."

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