WAYNE COUNTY, Ky. (LEX NEWS) — UPDATE: July 31 at 4 p.m.
Felony charges filed against Troy Hicks, a Monticello towing company owner who was accused of illegally listing a customer's vehicle for sale on Facebook Marketplace, have been dismissed under an agreed court order filed Friday in Wayne District Court.
An agreed order of dismissal filed July 31 states that the original charges were amended to two counts of obstruction of government operations before being dismissed with prejudice, meaning the charges cannot be refiled.
Original Story:
Troy K. Hicks, owner and operator of Hicks Towing in Monticello, was arrested July 28, on felony charges after a Wayne County Sheriff's Office investigation found he illegally listed a customer's vehicle for sale on Facebook Marketplace.
According to Wayne County Sheriff Tim Catron, Hicks Towing was dispatched on July 1, through the Wayne County 911 Dispatch Center's rotating wrecker list to a vehicle accident on Kentucky Highway East 92.
Officials noted that the vehicle's owner had reportedly not requested a specific towing company, so Hicks Towing was assigned to remove the vehicle and transport it to their storage lot.
On July 27, a deputy received a complaint about an unauthorized vehicle listing on Facebook Marketplace posted under Hicks' personal account, according to officials.
An investigation found that Hicks did not contact the vehicle's owner before listing it for sale, did not legally transfer ownership of the vehicle, and did not follow Kentucky statutory requirements that would allow a towing company owner to obtain legal ownership before selling a vehicle, according to officials.
Investigators also determined the vehicle did not meet the statutory requirements that would have allowed Hicks Towing to pursue legal ownership at all.
A deputy arrested Hicks on July 28 and he faces felony charges of theft by unlawful taking or disposition of an auto valued at $1,000 to less than $10,000, and tampering with physical evidence.
Hicks' attorney, G. George Bertram, is disputing the charges and demanding that they be dismissed. In a July 30 letter, Bertram argued that the allegations "are not supported by the facts or the law" and do not constitute criminal conduct under Kentucky statutes.
He contends that Hicks never sold the vehicle and has "never sold a vehicle to pay a tow bill in his life." Bertram also wrote that Hicks' Facebook Marketplace post was intended only to notify the vehicle owner to contact the company and pay the towing bill.
The attorney further argued that Hicks lawfully possessed the vehicle under Kentucky laws governing involuntary towing, storage liens and abandoned vehicles.
Bertram maintained that any dispute over the handling, storage or advertising of the vehicle would be a civil matter rather than a criminal offense. He also contended that the facts alleged do not satisfy the legal elements required for either theft or tampering with physical evidence charges.
In the letter, Bertram claimed Hicks has previously complained about the allocation of towing assignments in Wayne County and alleged retaliation against his client. The attorney also requested removal of social media posts related to the case and called for the charges to be dismissed.
