A mid-July hearing was set Friday for oral arguments on a plea in abatement motion filed by attorneys for Legacy Auto executives Allen Patch and Rachel Fait.

Dave Eubanks and Audrey Elliott have two weeks to file briefs on their motion that challenges whether there was sufficient evidence to bind their clients over to district court for trial on 166 felony counts regarding the disappearance of 86 vehicles in March from the Scottsbluff dealership. Deputy County Attorney John Childress will file his written response prior to the July 17th hearing. The charges include 10 counts of theft, 75 counts of attempted theft and 81 counts of certificate of title violations.

The attorneys for Fait and Patch continue to maintain their clients never received any proceeds from the sale of any cars, the titles were returned and the cars were recovered.

Deouty County Attorney John Childress maintains that Patch notified the two auction houses where the cars were to be sold to hold off on the sale of the cars when the defedants knew authorities were ready to arrest them.

Scottsbluff Police detective Mark Overman testified Legacy employees KatyMay Carlson and Miranda Cervantes were used by the executives to transfer manufacturer's statement of origin documents to car titles in the name of Legacy Auto and Legacy Toyota, which was the only way they could sell the cars to the auction houses.

Overman testified Fait established a secret local bank account where money from the sale of the cars could be placed and also set up a new address for the dealership in Fort Collins so documents and checks could be sent there. Overman also testified the drivers of the trucks that shipped the cars were told not to show up at the dealership until after 7 p.m. and not have their truck or trailer lights on when they loaded the cars.