Hung Jury on Felony Theft Charges

Houlon Berman’s client was charged on October 2010 with felony theft for his involvement in a scheme to obtain diesel fuel for his tractor trailer. The State alleged that the Houlon Berman client would pay cash to an employee of a company with a fuel account. Using the fuel card provided by the employer, the employee would fill the Houlon Berman client’s tank for a substantially reduced cash price. The case proceeded to a three-day jury trial in the Circuit Court for Montgomery County. After lengthy deliberations, the jury was unable to reach a verdict. They later reported an 11-1 final vote for acquittal. Rather than repeat the trial, the case was resolved without exposure to incarceration and a criminal record.