County case helps rewrite chop shop law
Published 6:00 am Thursday, December 28, 2000
A state Supreme Court ruling in a Lincoln County case reversessome previous “bad law” and gives prosecutors needed tools inpursuing future chop shop cases, said District Attorney DunnLampton.
While the recent high court decision upholds last year’s Courtof Appeals reversal of Marvin “Butch” Logan’s 1996 conviction, itaddresses some points that Lampton said will help with future chopshop cases. Lampton’s office had appealed the Court of Appealsruling and was pleased with the Supreme Court’s action.
“This is great law for prosecutors,” Lampton said.
Lampton was especially pleased with the Supreme Court’s rulingdeclaring Virgil Luke, a Mississippi Highway Patrol officer with 12years experience in the auto theft division, as an expert onseveral automobile-related issues.
“We can’t prosecute chop shop cases if we don’t have experttestimony,” Lampton said.
The Court of Appeals had said Luke had been improperly allowedto testify about issues outside his scope of expertise.
That was one of the reasons for DA’s office’s appeal. Lamptonsaid Logan was not the issue, but rather the Court of Appeals’interpretation of the law and its impact on future efforts toprosecute chop shop cases.
“Their interpretation would have severely limited localprosecutors’ ability to go after these cases,” Lampton said.
In another aspect of the ruling, the Supreme Court decisionaffirmed the Court of Appeals’ decision to send Logan’s case backto Lincoln County for further proceedings.
Following a nine-day trial, Logan was found guilty Oct. 4, 1996,on 12 of the 13 fraud and uttering forgery counts in the indictmentagainst him. He was sentenced to a total of 36 years, a $28,000fine and $37,500 in restitution.
Logan appealed the trial conviction.
Later in 1996, Logan pleaded guilty to charges of illegallyoperating a chop shop and conspiracy. He was sentenced to 12 yearsand ordered to serve the first seven.
In the chop shop sentencing order, the state agreed not to retrythe fraud and forgery charges if the trial verdict was reversed.Logan was paroled after 21 months of the chop shop sentence.
“We’re not going to retry him,” Lampton said.