SWANSEA — More than six years ago, the Board of Selectmen on a 2-1 vote and with the recommendation of the police chief suspended the motorcycle sales license of Adrenaline Cycle, owned by Justin Torres.
On the owner’s petition Tuesday night, the current Board of Selectmen, with three different members, voted 2-1 for reinstatement and against the fervent argument by Chief George Arruda they withhold his Class II license.
“Justin Torres was charged by the Massachusetts State Police with 15 counts of receiving stolen property over $250,” Arruda recently wrote to selectmen.
“Based upon the facts and circumstances, I would request and recommend that Adrenaline Cycle’s request for a Class II auto license not be reinstated,” Arruda wrote with emphasis.
The concept of deserved “second chances” played large in what ensued for the business at 2555 GAR Highway (Route 6).
All three selectmen agreed after discussion with the chief and the owner the arguments shown in police documents and by Arruda’s summation were compelling and damning.
The search warrant by the State Police Auto Theft Unit executed on March 18, 2012, showed 15 stolen motorcycle engines were recovered; the stolen motorcycles were dismantled; frames were discarded on all of them; and parts were categorized and stored for sale and later use with no used vehicle record book kept of them, as required.
Those engines for Hondas, Suzukis, Yamahas and other Japanese engines sold for $1,000 to $2,500, say reports Swansea police provided upon request.
The town had issued that license to sell used motorcycles in 2009 after the owner had obtained a Class III license for repairs and sale of parts and accessories in 2003, Torres wrote to the board.
He verbally and in writing described how they “have worked hard to develop Adrenaline Cycle into a respected, quality business. ... We have an opportunity to grow that business and would like to do so in Swansea. Selling motorcycles is key to this expansion,” Torres wrote.
The criminal disposition to this case, Torres and officials said, was that it was “continued without a finding.” That meant Torres had admitted “to sufficient facts” in the case, Arruda emphasized. No assignment of guilt or innocence is made.
A CWF is removed after a designated period of time and with a clean record in most cases.
Torres briefly told selectmen when this happened he had been ill and another employee took over the shop during a period of time. At a couple of junctures he said, “I did not know that they were stolen” and “I should have kept a record.”
Accompanied by his wife, Torres offered several personal changes that included getting married and the couple expecting a child.
He said he took responsibility for what happened, and asked for a second chance. “It will not happen again,” Torres said.
Selectman Christopher Carreiro summarized the situation. He said he had not met Torres; he’d read the reports, including a 2012 newspaper story; that Adrenaline Cycle had a 4.5 online rating out of 5.0 with 56 responders; and Torres was one year behind on his annual report to the Massachusetts Secretary of State but was in good standing otherwise.
He called it “a moral issue.”
He questioned if denying the reinstatement from the 2012 police charges was “putting a scarlet letter” and “continuing the punishment” on the shop owner and business. He said Torres said he knows it was wrong and learned by the mistake.
“I’m going to accept your request,” Carreiro said.
Vice Chairman Steven Kitchin was less certain but agreed. He along with Carreiro questioned Arruda if there had been other civil or criminal complaints, and were told no.
“I also believe in second chances,” Kitchin said. He said Arruda’s recommendation carried weight.
“I think six years of operation in a responsible fashion is worth a second chance,” Kitchin concluded.
Heim, who is the CEO of an area boys and girls club, was more circumspect.
“I devote every day of my life to giving people second chances,” Heim said. He emphasized selectmen’s appointing authority role to maintain “public trust.”
After he voted no, Heim shared why. “I was not convinced by his responses that I was getting the whole truth,” Heim said in relation to how so many stolen motorcycle engines ended up in his shop over a prolonged period.
“I do believe that this individual is going to change his method of operation,” Heim said when talking about being comfortable with his colleagues’ votes for reinstatement.
As for the impact to him of the police chief’s recommendation, Heim said, “It was part of it, but the police chief doesn’t control the way I vote.”
Back on March 29, 2012, former selectmen Robert Marquis and Scott Ventura voted to revoke the license and Kenneth Furtado voted in opposition pending the court adjudication, according to Herald News records.
Email Michael Holtzman at mholtzman@heraldnews.com or call him at 508-676-2573.