Court Reverses Stolen-Property Conviction for Former Middle Businessman

COURT HOUSE — An appeals court last week overturned the conviction of a former businessman from Burleigh accused of dealing in stolen vehicles in his auto repair shop.
In 1996, a jury convicted Larry Shumacher, also known as Lucky Harris, of receiving stolen property and altering a motor vehicle identification number, both third degree crimes, but appellate division judges reversed the conviction Nov. 19 citing the improper introduction of evidence.
Shumacher, former owner of Larry’s Auto Repair on Oyster Road, was arrested in July 1992 when Middle Township police officers executed a search warrant at his shop. Police found vehicles, which were stolen from New York City in April 1992, according to the NCIC, National Crime Information Center.
At trial, the judge admitted the NCIC records into evidence and the jury found Shumacher guilty of receiving stolen vehicles. Shumacher was sentenced to five years for both of his charges.
In its decision, the appeals court ruled that the crime reports were “hearsay.”
“Defendant contends and the state concedes, the trial court committed reversible error by admitting the NCIC records into evidence.,” the court wrote. “Their admission, therefore, constitutes harmful error and sufficient grounds for reversal.”
“We’re pleased the court upheld the defendant’s right to a fair trial,” Tom Rosenthal, of the Public Defender’s office, told the Herald.
A spokesperson for the Attorney General’s office said the appellate decision is being reviewed. No decision has yet been made regarding an appeal to the Supreme Court.
Why is this case from the early 1990s still active?
According to court records, Shumacher was indicted in May 1993 and released on bail. He jumped bail and was not tried until February 1996. He fled the country prior to his sentencing in April 2005.
Contact Hart at (609) 886-8600 Ext 35 or at: hart@cmcherald.com