by Liz Daube
Staff Writer
Jacksonville Sheriff John Rutherford is backing a bill in the state legislature that he says closes a loophole in auto theft prosecutions, but some attorneys who try those cases don’t see the need for the legislation.
The House version of the bill awaited review on Tuesday, but was expected to pass. The bill creates a statute inference that a person in possession of a stolen car knows or should have known it was stolen if the ignition or steering wheel lock has been bypassed. For example, under current law, Rutherford said charges could be reduced or dropped against a person driving a stolen car with a screwdriver in the ignition if he claims he didn’t know the car was stolen.
“A very large portion (of auto theft cases) are not processed because of this loophole,” said Rutherford. “This law will make it presumptive that you know that a vehicle is stolen.”
Gordon Bass, director of the Jacksonville Department of Corrections, agreed with Rutherford. He said prosecutors might have trouble building a case against an auto thief who uses the “I didn’t know it was stolen, I just borrowed it from my friend” defense.
That scenario doesn’t just allow thieves back on the streets, Bass said; it also wastes money. He estimated each arrest costs about $764, not including the towing costs and state attorney filing fees.
“We’ve got a damaged car, and we’ve spent hours trying to prosecute this person,” said Bass. “There’s a huge expense involved.”
On the other hand, George Bateh, assistant state attorney, said the state attorney’s office already successfully prosecutes car thieves who claim ignorance.
“From a common sense point of view, the presumption is already there,” said Bateh, explaining that attorneys can argue that if the car’s obviously been tampered with, the person driving knew it was stolen.
Casey Stripling, an attorney who defends clients against auto theft charges, said that the “I didn’t know it was stolen” defense is a jailhouse rumor.
“I’ve never in my seven years of cases been able to use that defense,” said Stripling. “It’s almost laughable, really. The response is going to be, ‘Of course he did it. The steering wheel is broken.’ You’d have to come up with something a little more persuasive.”
Bateh said the bill does offer one advantage to prosecutors: it would allow jurors to hear about the presumption from a judge – not just an attorney.
“This will give it state recognition,” said Bateh.
Lauri-Ellen Smith, a JSO spokesperson, said the number of auto thieves caught with obviously altered cars isn’t high, but it is important to address.
“It’s a narrow population that is responsible for a lot of crime,” said Smith. She explained that many car thieves steal regularly or are involved in other crimes, like drug sales, as well.
Whether the current auto theft bill helps or not, David Hamm, president of the Jacksonville Automobile Dealers Association, said he’s seen a lot of auto theft recently. In the last three months, 13 cars have been stolen from his dealership, Jerry Hamm Chevrolet.
Each time a car is stolen, Hamm said the dealer has to pay a $1,000 insurance deductible and insurance rates rise. That cost eventually gets passed on to customers, he said. He added that he hopes the inference bill helps.
“It seems like the same bad guys are back on the streets again and again,” said Hamm.
According to Smith, Duval County had 4,520 auto thefts last year, and 930 auto theft arrests.