Unpaid Firebird never recovered in bogus check case

Defendant's estranged stepson has the car and title.
Cary Ashby
May 18, 2013

Investigators never were able to recover the Firebird bought with a bogus check two years ago. The defendant said his estranged stepson has the car and title, but he can't remember the last time he talked to him.

"He never came up with the money he was supposed to," said defendant Jack D. Napier, 50, of Sullivan.

Napier, in early March, pleaded guilty one count of passing bad checks. In a plea deal, the state dismissed one count each of grand theft of a motor vehicle and failure to appear. Napier violated his bond by failing to show up for his Oct. 16 final pretrial hearing.

At Wednesday's hearing, Huron County Common Pleas Judge Jim Conway placed Napier on three years of probation and ordered him to pay $6,665 in restitution. He ruled Napier's probation officer has the discretion to impose a 60-day sentence in the Huron County Jail and requested Napier "make all efforts" to recover the car.

Napier's conviction is for an offense between March 16 and 30, 2011 when the victim had the Firebird for sale for $6,900. The defendant got the victim to lower the price to $6,500.

"I received the check and it bounced," the victim said Wednesday.

The Sherman Township man said he received another check, which also bounced, and Napier gave multiple excuses about not getting him the money.

"His last excuse was he was caught in a traffic jam on (U.S. 20)," said the victim, who saw someone driving the Firebird two years ago.

The victim expressed frustration at being in court for several hearings when Napier wasn't there.

"I've been here often. This is the first time I've seen him since he gave me the bad check," said the man, who also said the odds of receiving the restitution money are "slim to none."

Huron County Prosecutor Russell Leffler said Napier never had any "realistic expectations" to pay for the car. He recommended the court impose a 120-day sentence.

Comments

Ispeed2_69

I wouldn't have taken a check for $10 from that shady looking idiot... why on earth would they drop the charge of grand theft when that's exactly what he did, he STOLE the car

bikerwife

Who ever has the car is actually in possession of a "stolen vehicle"..In order to find it, couldn't the authorities get a court order?.. The BMV would have to release the info..With what little info I had (Previous owners name & old plate) I was able to find out the info I needed..It's worth a try, if they want the car back..Never except a check unless it's a cashier's check.. Take it directly to the bank, collect the money, & then they could have the car & title..I hope all goes well for the victim..

Ispeed2_69

obviously the guy trusted him at the point of sale accepted the check and signed the title over to the crook..

WASP71

Used to be if you had the title in your name and the car it was yours. It then becomes a I said/they said issue. Posession is 9/10ths the law. He has it with a clear title. It's his car now. Shame, but that is the way it works. Should have waited till the check cleared before signing title over.

Ispeed2_69

agree totally

Brock Lee

loooooser