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Man charged in theft from Schmitz Automotive gets pre-trial
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Written by Matt Elofson   
Friday, 09 December 2011
A Dothan man charged with stealing $28,000 from Schmitz Automotive Group could have his felony theft case dismissed if he completes the requirements of the Houston County Pre-trial Diversion program.

Attorney Ben Freeman said his client, 55-year-old Fernando Faura II, was accepted into the program earlier this week. Court records indicate Circuit Court Judge Michael Conaway signed off on Faura’s acceptance into the program.

Houston County Sheriff’s investigators arrested Faura in July on a felony first-degree theft of property charge.

Sheriff’s Capt. Antonio Gonzalez said investigators charged Faura with stealing about $28,000 worth of gift cards from Schmitz Automotive Group. He said the gift cards were intended for buyers of new vehicles, but Faura was charged with taking them for himself. Gonzalez said Faura worked as a sales manager at Schmitz Automotive Group.

If convicted, Faura faced two to 20 years in prison for the class B felony crime of first-degree theft of property.

“If he completes the program the case will be dismissed,” Freeman said. “It’s available to most all first-time offenders as long as it’s not a violent crime.”

Freeman declined to specifically talk about his client’s part in the pre-trial diversion program, but said typically people are required to pay their fines, fees and court costs as part of the program. He also said people are required to get an evaluation from the county’s Court Referral Office

“In pre-trial diversion you’re not going on probation. As long as you stay out of trouble it’s dismissed if he satisfies all the requirements of the program,” Freeman said. “He paid all of his fines, fees and restitution up front. I thought we were treated fairly, the victim was made whole He was a first time offender just like any others that are approved.”

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