New Hampshire Attorney General Gordon J. MacDonald announces the indictment of Russell Berry, age 43, of Hooksett, New Hampshire.  Mr. Berry, owner of Classic Auto Works, was indicted last week in Merrimack County Superior Court on one count of Theft by Unauthorized Taking.  The indictment alleges that Mr. Berry took $2,000 from another individual in exchange for a vehicle.  Mr. Berry failed to provide the vehicle or return the $2,000.   

New Hampshire Law, RSA 637:3, I, provides that a person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive the person of the property.  The maximum penalty for theft over $1,500 is 7½ to 15 years in the New Hampshire State Prison and/or a fine of $4,000.

The charge and allegation in the indictment are merely an accusation and the defendant is presumed innocent unless and until proven guilty.