ForeverMissed
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His Life

towing dispute

December 26, 2010

Sheriff P.J. Tanner said Preston Oates of Pro Tow Wrecker Service claimed self defense in the shooting death of Olivera.


Olivera, 34, of 3 King George Road in Verdier View, died at the scene from multiple gunshot wounds around 8:30 p.m. Friday.


Shortly before the shooting, Nelson Olivera of 408 Live Oak Walk Drive said his brother, Carlos Olivera, stopped by to drop off some presents.


Carlos Olivera had only intended to stay for a few minutes and then was headed to their sisters' house, Nelson Olivera said Saturday afternoon.


Seven minutes after Carlos Olivera arriving, a neighbor knocked on Nelson Olivera's door. Someone was trying to tow Carlos's minivan.


"We almost begged him (Oates) to leave the car and that this was the holidays and to just leave it and to give him a break," Nelson Olivera said.


Oates apparently told the Olivera brothers it would cost $300 to get the van back. Nelson said a "boot" had already been placed on the vehicle's wheel.


That's when things apparently got heated.


Carlos, who had a handgun, and according to Nelson a concealed weapon's permit, opened his jacket and showed the weapon to Oates. "But he never pointed the gun," Nelson said.


Nelson said Oates ran back to his tow truck and got inside. Nelson said that while his brother's back was turned away from Oates, his brother was shot six times.


Oates said that's not what happened.


"That would be inaccurate," Oates said Saturday evening. "That weapon was not discharged that many times."


Oates was released following questioning at the Sheriff's Office substation on Hilton Head Island, said Sheriff P.J. Tanner.


"I don't really have much to say; it was suicide," Oates said in a telephone interview.


Oates wouldn't say if he fired his weapon.


"I was on scene and the owner of the van ... he came out and one thing led to another ... I'm not sure what was going through his mind, that's what he did and that's my comment."


Tanner confirmed that Carlos Olivera had been shot multiple times.


"Carlos Olivera was armed; his gun was recovered by law enforcement at the scene," Tanner said. "Preston Oates' gun also has been recovered by law enforcement. Preston Oates is claiming self defense," Tanner said.


There were a lot of people at the Olivera house for a Christmas Eve gathering.


One neighbor who declined to give his name, said he heard what he thought were celebratory firecrackers on Christmas Eve, but soon discovered a macabre scene outside.


Carlos Olivera died in the roadway while his wife watched.


The man said police vehicles were outside his home until at least 2:30 a.m. Saturday.


"I saw them put the man in the police car with the handcuffs and I don't know if he saw my face or what, but he said, 'Feliz Navidad.'"


Tanner said the investigation will continue this week.


"We're going to work our way through this through multiple interviews and crime scene investigation and we'll make a determination about charges as we progress through the investigation," Tanner said.


Oates said he has a contract with Edgefield's management company, IMC, and the homeowner's association to patrol the community and tow any vehicles blocking traffic or without proper parking decals.


"There are also board members or homeowners who can call if there's someone blocking the street," Oates said. "We help out when they need assistance."


Oates said he wasn't sure if someone called in to complain about the minivan, or if he noticed the vehicle while driving through the neighborhood.


Oates was arrested in July 2008 after firing a .40-caliber handgun while trying to repossess a vehicle at Roller Mobile Home Park on Marshland Road on Hilton Head Island. Apparently several of the shots entered a trailer where a husband, wife and her three kids were sleeping. No one was injured in the 2008 incident, but Oates was charged with three counts of assault with intent to kill, discharging a firearm at a dwelling and unlawful carrying of a firearm.


Oates has also faced aggressive people when he's been on the job.


He was apparently stabbed in the abdomen in 2008 while trying to tow a vehicle in the Shady Glen Mobile Home Park.


On Christmas Day in Edgefield, Nelson Olivera, said his brother was needlessly killed.


Carlos Olivera was married with four children, ages 2, 9, 12, and 14, Nelson Olivera said.


"My brother came to this country 20 years ago and was a U.S. citizen," he said. "We love the United Sates and we believe in the system."


The Olivera brothers immigrated from Honduras.


Carlos Olivera worked at Savannah Hardscapes and "he never had any problems," Nelson Olivera said.