Published: January 26, 2008 01:00 am            

Bond reduced for auto-theft ring suspect

One of the five men accused of participating in an auto-theft ring was released Thursday on a reduced bond, and now awaits a probable-cause hearing to determine if he will stand trial as currently charged, court records show.

John P. McCutchen, 29, of Vincennes Street in New Albany, and his attorney, Michael McDaniel of New Albany, successfully petitioned Floyd County Superior Court Judge Susan L. Orth Thursday to reduce his bond from $50,000 court-cash to $5,000 court-cash, according to court records. He was released on his new bond, which was paid in about $500 cash.

McDaniel said in an interview this week his client was “in the wrong place at the wrong time” and that the probable-cause affidavit as filed did not show McCutchen was guilty of any crime.

A Friday check of court records shows a hearing to discuss that issue is pending, but a date has not been set. McDaniel said he believes the way the case stands right now, the charge against McCutchen should be amended or dismissed.

McCutchen, along with John Cozart Sr., 50, of Sixth Street in New Albany; John Cozart Jr., 28, of Dutch Creek Road in Pekin; Nicholas Cozart, 32, of East Oak Street in New Albany; and Michael L. Gregory, 41, of Dona Street in Floyds Knobs, were all charged Tuesday with class D felony receiving stolen property. The charge stemmed from a Clark and Floyd county investigation into John Cozart Sr., who was suspected of being involved in the theft of three vehicles from Louisville Auto Auction in December, records say.

At the time of Cozart Sr.’s arrest on Jan. 17, McCutchen, Gregory, and all three Cozarts were at the 500 block of East Oak Street in New Albany in the presence of stolen car parts, according to a probable-cause affidavit.

If convicted, each man could be sentenced to six months to three years incarceration and pay a $10,000 fine. The Cozarts and Gregory were all released on bond earlier this week.

John Cozart Sr. was also charged with class D felony possession of a controlled substance for allegedly having half a Lortab, a drug that contains the same painkiller as Vicodin, without a prescription at the time of his arrest, according to a probable-cause affidavit.

Trial dates have not been set in the case. McCutchen and the Cozarts are set for a pretrial conference in Floyd Superior Court Feb. 21, while Gregory’s next appearance is scheduled for March 4 in Floyd Circuit Court.

Floyd County Prosecutor Keith Henderson was unavailable for comment as of publication deadline Friday.

        

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