Theft by deception charges dropped against Henry County man - CBS46 News

Theft by deception charges dropped against Henry County man

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A Henry County man tried to clear his name Monday after he said was arrested and lost his job following the sale of a car that got way out of hand.

"I feel like there was a lot of deception to it," Moise Garcon said.

Garcon said he lost his job with the Haitian consulate after attempting to a buy a car from a woman in McDonough by the name of Marcelle Faustin Stark.   

"I made three payments on the car and I got a loan because we agreed on that to pay off the car, and that person just changed their mind," Garcon said.

Garcon said he had the car for nearly two months and then the seller decided she wanted it back.  As a result, police arrested Garcon and charged him with one felony count of theft by conversion.

"I feel like the police officials did not use good judgment," Garcon said.

Garcon said police never investigated his side of the story before he was arrested, which he said cost him his job and his reputation.

"He is collateral damage of our justice system in a lot of respects," Garcon's attorney, Adam Younker, said.

Younker is a criminal defense attorney in McDonough that took Garcon's case, and within a few days, records show the charges were dismissed.

"With what Mr. Garcon brought me, it was pretty clear that this was a matter to be handled in the civil courts, not something you should be arresting people for," Younker said.

Garcon showed us documentation to back up his claim.  He had a taken a loan out on the car, obtained an odometer reading from the seller and even had a Fidelity Bank car note in his possession.  So CBS Atlanta had Tough Questions for Faustin Stark.

"Were you in the process of selling him a car?" CBS Atlanta reporter Adam Murphy asked.

"I wasn't in any process, sir," Faustin Stark said.

Faustin Stark said she met Garcon through his mother at church.  She also said she loaned him her 2007 Toyota 4Runner for only a week and he didn't return it.

"Why did you allow him to drive off in the vehicle if you weren't selling it to him?" Murphy asked. 

"I'm a friend of his mom," Faustin Stark said.

Henry County police told CBS Atlanta News that they are investigating the case to see if their officers handled the issue appropriately and whether Faustin Stark provided factual information to the authorities.

"Did you provide accurate statements to the police?" Murphy said. 

"Sir, I don't have any more questions to answer now, OK?" Faustin Stark said.

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