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Citing insufficient evidence, District Judge Linda Armstrong on Thursday dismissed without prejudice a felony charge of theft against Roy T. Bailey Jr., in conjunction with the auto sales business.
A criminal complaint filed by Shelby County Sheriff’s Deputy Fred Rothenburger was served on Bailey, 45, on Oct. 31, charging him with theft by failure to make required disposition of property, according to court records.
According to Rothenburger’s testimony in court, Dave Hill signed a contract with Bailey on Aug. 20 to purchase a 2011 Jeep Wrangler, which was located in North Carolina.
Hill presented Bailey with a check for $21,750 and, according to Hill, had an oral agreement to have the car delivered in 7 to 14 days.
When the car wasn’t delivered, Hill complained, but according to Bailey’s attorney, Mark Dean, Hill remained interested in the car.
By early October Rothenburger said Hill had not received his car and then asked for his money back.
Rothenburger then testified that Hill and Bailey met, and Hill was given a check for the full amount. However, Bailey then stopped payment on the check.
Hill then turned his complaint over the Shelby County Sheriff’s Office but eventually was paid back in full on Oct. 16.
But, by that point, the complaint had been filed by the County Attorney’s office.
Armstrong said she agreed with the commonwealth that the issue was “not just a contract matter,” but that it wasn’t enough to pursue the case through the grand jury.
“I don’t necessarily see any evidence yet at this time that he dealt with the property [the funds] as his own,” she said. “It’s possible, with further investigation to track the funds and see what accounts they were put into, but since that wasn’t done, we can’t see that. And the alleged victim was paid back. So, because there is not sufficient evidence to find probable cause, the case is dismissed without prejudice.”
Without prejudice means that there is an absence of a decision, and that the case could be filed again.
Upon leaving the courtroom, Bailey, who also is the baseball coach at Collins High School, declined to comment on the decision, but when asked if it was the outcome he was hoping for, he responded: “Yes.”