A Fargo businessman found guilty of trying to sell a car when he knew the odometer had been altered appealed his conviction to the North Dakota Supreme Court on Tuesday.
A Cass County jury convicted James "Pete" Sabo in February of offering the 2004 Honda Civic for sale knowing that the odometer display was more than 20,000 miles below the car's actual mileage.
Sabo was sentenced to 30 days in jail for the Class B misdemeanor, with all 30 days suspended for one year, and one year of unsupervised probation. He also was ordered to pay $1,225 in fines and fees and complete 50 hours of community service.
The Honda's title listed its mileage as 26,104 miles, but the odometer showed 4,983 miles when the North Dakota Highway Pa-trol inspected the car in September 2006.
Sabo's attorney, Craig W. Johnson, told justices that Sabo never claimed that the mileage on the title matched the odometer. Sabo claims the buyer, a friend of his, replaced the car's instrument cluster with one from another wrecked vehicle, resulting in the mileage discrepancy.
ADVERTISEMENT
"I'm here today because an innocent person has been convicted of a crime that never occurred," Johnson said.
Assistant Cass County State's Attorney Reid Brady said prosecutors don't believe Sabo's friend was the actual buyer, and that Sabo made up the story after the fact. He said Sabo failed to mark a box on the title indicating that the mileage wasn't correct.
Under prodding from justices, Johnson didn't deny that Sabo gave the inspector what the state called "incredible" stories of why the mileage figures didn't match.
Johnson said that had Sabo come to him first, "I'd have told him to keep his mouth shut."
"He's got a problem with running off at the mouth," Johnson said.
The court took the case under advisement.
Readers can reach Forum reporter Mike Nowatzki at (701) 241-5528 Sabo appeals odometer case Mike Nowatzki 20071010
