CRANBERRY TWP — The defense for a mechanic charged with deceptive business practices in multiple cases argued the proceedings should be civil matters, not criminal.

Keith Smith, 69, who owns Oilology in the township, appeared before District Judge Kevin Flaherty as he heard testimony from two victims in preliminary hearings Friday, March 27.

Smith’s attorney, Richard Witchko, argued the cases don’t belong in front of a criminal court.

“This is a civil matter,” said Witchko. “They haven’t made a criminal case.”

“This may be a civil matter,” assistant district attorney David Beichner said. “That doesn’t mean it can’t be a criminal matter as well.”

The judge held all charges for court in two of the cases, while dismissing a third.

In the first case, Shaun Mosura testified he took his 2014 Ford F-150 to Oilology in July when it began shutting off unexpectedly. His regular mechanic had a full schedule and Smith had changed his oil before, so he gave his additional services a try.

Mosura said Smith had the truck for three days and replaced a fuel pump module, for which Mosura paid $200 that day and $500 later.

Mosura said he took the truck back two days later after it shut off while driving again and a low power indicator light came on. The truck was at Oilology for two weeks this time, but Smith said he had also inspected the car and replaced the rear tires, two fuel pumps and a fuse connection.

The truck broke again the next morning, Mosura said. He took it to a different mechanic this time, who repaired the vehicle on the first try.

Mosura was later referred by a co-worker to Cranberry Township police detective Matthew Irvin. An investigation found there was no proof of the fuel pump or fuse connection replacements.

Mosura also alleged the rear tires that were replaced did not match the front tires.

Irvin also determined the vehicle had been driven throughout Butler and Allegheny counties while in Smith’s possession, which Mosura had not permitted. He added Smith was not certified in Pennsylvania vehicle inspections.

One felony count each of dealing in unlawful funds and criminal use of a communication facility; and one misdemeanor count each of deceptive business practices, unauthorized vehicle use, theft and receiving stolen property were held for court.

In the second case, Michael Orban testified he purchased a 2008 Honda Element from Smith in May. Orban paid $4,400 for the vehicle and said Smith agreed to install a back seat and replace the serpentine belt, emergency brake, rear windshield wiper and complete an inspection and oil change before Orban took possession.

Orban said when he drove the car, there were six or seven warning lights lit on the dashboard and the emergency brake was not functional. He said he took the vehicle to another mechanic after it began making a weird noise soon after he received it. The other mechanic reportedly told him there was a hole in its frame, the wiring had been manipulated and it would not pass inspection.

Witchko responded by noting a member of Orban’s family still has and drives the vehicle.

One felony count each of deceptive business practices, criminal mischief and criminal use of a communication facility were held for court in the case.

Beichner said the district attorney’s office will decide if the third case should be refiled.

Smith’s formal arraignment is scheduled for 1 p.m. May 12 in Butler County Common Pleas Court.