Federal charges in auto case?

SCOTTSBLUFF, Neb. — Charges were dismissed just days before two auto executives accused of improperly taking vehicles from a Scottsbluff dealership were to go to trial.

The dismissal was requested in Scotts Bluff County Court so federal charges could be pursued, according to the county attorney. It was unclear Wednesday whether federal authorities would take the case.

The case drew national attention after more than 80 cars disappeared from Scottsbluff dealerships in March and were recovered in Utah, Wyoming and Nevada. Some had been sold at auto auctions.

Toyota officials reported the vehicles stolen after employees of the dealership found the lot emptied of all new vehicles.

An attorney for one of the defendants says the dealership — not the automaker — owned the cars, so the defendants should never have been charged with theft.

A jury trial of Allen Patch, 53, and Rachel Fait, 37, had been set to begin Monday. Patch, a former co-owner of Legacy Auto in Scottsbluff, and Fait, the comptroller of the business, each had faced 166 charges.

Charges were previously dismissed against general manager Rick Covello, 54.

All three had been charged with 10 counts of felony theft by taking, 75 counts of felony attempted theft and 81 counts of felony title violation.

Scotts Bluff Deputy County Attorney John Childress filed for dismissal of the case late Tuesday. In his filing, Childress said he sought dismissal so federal charges could be pursued.

Childress said he has consulted with the U.S. Attorney's Office on the case.

“They have been tracking it,” Childress said, adding that the case involves federal violations including U.S. mail violations and crossing state lines. “They (federal authorities) have always been receptive. ... We do not want to expend huge resources when there is the possibility of it going to trial federally.”

Audrey Elliot, who represents Fait, said her client is relieved.

“I was surprised that they filed a dismissal,” she said. “My client ... is happy and relieved. It makes for a better Thanksgiving.”

Elliot said that she believes the case was dismissed because evidence showed that Toyota and other automakers did not have ownership of vehicles, that the dealership did. She said the automakers keep a security interest, but without Toyota holding ownership of the vehicles, Fait and Patch should never have been charged with theft.

Elliott said she doesn't think that federal authorities will prosecute. She said they “would have jumped on the case eight months ago if they were interested in prosecuting it.”

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