All charges were dropped against two tow truck operators accused of illegally removing vehicles from a private business last (2012) year as city attorneys acknowledged Monday that the local law needed to be tweak.
Utica City Court Judge Ralph Eannace dismissed the charges against David Taurisano, 49, and Michael Lynch, 39, after Taurisano fixed to reimburse $105 each to the 4 people he had towed for $200, said Assistant Corporation Counsel Andrew Bough rum.
We came to a mutual agreement where we were able to make these persons who had been towed whole in exchange for his cooperation, Bough rum said, but he would not say whether the duo should have been charged in the first place.
Taurisano and Lynch had been ticketed by Utica police for a number of violations, including very charging people more than $95, after vehicles were removed from Labor Ready parking lot across from the Utica Memorial Auditorium in November.
On Monday, however, city attorneys said the local ordinance needed to be clarified, including whether the law can be practical when towing vehicles from private property instead of only public streets.
The ordinance has to be tweaked, and it’s on the list of things to do once our plates get cleared off, said First Assistant Corporation Counsel John Orillia. In the interim, Taurisano said he will continue towing vehicles from the Labor Ready lot, where 16 signs warn against illegal parking.
The law had nothing to do with private towing at all, so they never should have even given me the tickets, said Taurisano, who was represented by attorney Les Lewis. I would like to see people read signs that say No Parking.
Lynch’s attorney, Norman Deep, also noted this is what happens when authorities make arrests without first guarantee that they have a case.
This is an example of government being out of control and then coming to their senses, but in the meantime these individuals’ reputation are being damaged because police should know the rules before bringing the charges, deep said.
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