STATEN ISLAND ADVANCE - Friday, December 15, 2006
On July 21, 2005, Charles James Jr. of New Brighton lived a car fanatic's dream: He test-drove an $88,000 BMW.
There was only one problem -- the former city Correction Department officer allegedly failed to return the luxury auto.
Twelve days later, James, 38, who had been given the keys during a promotional event staged by a BMW dealer in Huntington, L.I., was arrested on Staten Island while tooling around in the swanky model 750 Li.
"The defendant took this car ... with no intention of ever bringing it back," Assistant District Attorney Matthew Blum said, as James' criminal trial got under way in state Supreme Court, St. George. "He kept this car for himself ... and brought it to Staten Island."
James had signed up to test-drive the car during a promotional event in which BMW donated $1 to breast cancer research for every mile the car was driven, Blum said. Drivers agreed to follow assigned routes, which usually were no more than 15 miles, and were told they must return the car, he said.
The BMW event manager later testified that James' car was the only one never returned in the history of the 10-year nationwide event.
In his opening argument, defense lawyer Michael Harding did not dispute that James drove the car back to Staten Island.
However, he contended that his client, who readily provided the dealership his pedigree information and a copy of his driver's license, did not pilfer the car and was merely trying to aid the fight against cancer.
"They gave him the keys and said, 'Go on and drive the car,'" Harding said, as James, a tall, broad man, dressed in a green-striped shirt and dark trousers sat without expression at the defense table.
"This man had no intent to keep the car forever or steal it," the lawyer continued. "He thought he was helping out a breast-cancer [research] promotion. No good deed goes unpunished."
In an attempt to underscore that point, Harding got Angelie Gianchandani, the event manager, to admit on cross-examination that she was not present when James was given the car keys and she did not know what conversation, if any, he had with the BMW representative about driving the car.
James is charged with a felony count of second-degree stolen-property possession and a misdemeanor count of unauthorized use of a vehicle. He potentially faces a maximum sentence of five to 15 years in prison if convicted of the felony charge. He could receive up to a year in jail if convicted of the misdemeanor.
On July 21, 2005, Charles James Jr. of New Brighton lived a car fanatic's dream: He test-drove an $88,000 BMW.
There was only one problem -- the former city Correction Department officer allegedly failed to return the luxury auto.
Twelve days later, James, 38, who had been given the keys during a promotional event staged by a BMW dealer in Huntington, L.I., was arrested on Staten Island while tooling around in the swanky model 750 Li.
"The defendant took this car ... with no intention of ever bringing it back," Assistant District Attorney Matthew Blum said, as James' criminal trial got under way in state Supreme Court, St. George. "He kept this car for himself ... and brought it to Staten Island."
James had signed up to test-drive the car during a promotional event in which BMW donated $1 to breast cancer research for every mile the car was driven, Blum said. Drivers agreed to follow assigned routes, which usually were no more than 15 miles, and were told they must return the car, he said.
The BMW event manager later testified that James' car was the only one never returned in the history of the 10-year nationwide event.
In his opening argument, defense lawyer Michael Harding did not dispute that James drove the car back to Staten Island.
However, he contended that his client, who readily provided the dealership his pedigree information and a copy of his driver's license, did not pilfer the car and was merely trying to aid the fight against cancer.
"They gave him the keys and said, 'Go on and drive the car,'" Harding said, as James, a tall, broad man, dressed in a green-striped shirt and dark trousers sat without expression at the defense table.
"This man had no intent to keep the car forever or steal it," the lawyer continued. "He thought he was helping out a breast-cancer [research] promotion. No good deed goes unpunished."
In an attempt to underscore that point, Harding got Angelie Gianchandani, the event manager, to admit on cross-examination that she was not present when James was given the car keys and she did not know what conversation, if any, he had with the BMW representative about driving the car.
James is charged with a felony count of second-degree stolen-property possession and a misdemeanor count of unauthorized use of a vehicle. He potentially faces a maximum sentence of five to 15 years in prison if convicted of the felony charge. He could receive up to a year in jail if convicted of the misdemeanor.
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