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Charges dropped against man accused of backing into repo worker

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  • Charges dropped against man accused of backing into repo worker

    http://www.daily-times.com/ci_10790497


    Charges dropped against man accused of backing into repo worker



    FARMINGTON — The District Attorney's Office on Wednesday dismissed charges alleging a 66-year-old man willfully ran over car dealership workers attempting to repossess his vehicle.

    Gene Edstrom was charged with one count of third-degree aggravated battery with a deadly weapon following allegations by High Country Chevrolet employee Vivian Granito reporting the man backed into her while she stood behind the car to prevent Edstrom from leaving his lawyer's parking lot.


    The District Attorney's Office said the charges were dismissed because it couldn't prove Edstrom maliciously intended to strike the woman with the vehicle. Granito reported no injuries from the incident.


    "We have to show if he hits her with the vehicle, he intended to do that," said Deputy District Attorney David Ottman. "How do we prove, I'm going to hit her,' as opposed to I'm backing up.'"


    Edstrom arranged a meeting with car dealership officials to return the vehicle to them on his brother's behalf on Aug. 27, but the conditions of the vehicle's return were changed during the meeting, held at attorney Victor Titus' law office, and Edstrom declined to return the vehicle at the time because the company declined to provide release paperwork.


    High Country employees attempted to prevent the man from leaving in the 2005 Chevrolet Suburban so it could be repossessed, and Granito allegedly lost her footing after being bumped by the reversing vehicle.


    Granito told police she thought Edstrom was going to run her over after she fell. The woman alleged Titus, Edstrom's lawyer at the time, told the man to "run her over."


    "This case has nothing to do about any type of criminal activity. It was all about trying to repossess a 2005 suburban," said Curtis Gurley, Edstrom's attorney, who noted the man was working with the dealership to have the car properly returned, but the dealership would not provide formal documentation of the vehicle's return.


    The case was scheduled to have a preliminary hearing in magistrate court Wednesday, but the case was dismissed before that hearing.
    Edstrom has no prior criminal history in New Mexico, according to state court records.
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