Former Brownwood auto dealer John Holley waived a jury trial during a pre-trial hearing Tuesday and was scheduled for a Nov. 4 bench trial before District Judge Steve Ellis.

Holley, 55, was indicted in January for misapplication of fiduciary property. He is accused of misapplying more than $200,000 that came from customers of Holley Auto Group dealership.

Holley told Ellis he is pleading not guilty to the indictment and indicated through his attorney, Kirby Roberts, that he wants a judge rather than a jury to hear his case.

“Is that what you want?” Ellis asked Holley.

“Yes,” Holley replied.

The January session of the Brown County Grand Jury returned a single-count, 33-page sealed indictment against Holley. He was arrested at an airport in Florida and returned to Brown County, and is free on $25,000 bond.

Holley was the director and president of what was then known as the Holley Auto Group, a General Motors dealership which was bought by members of the Bruner auto dealership family of Stephenville. The dealership is now named the Bruner Auto Group.

It is alleged in the indictment that Holley failed to pay the insurance premiums of about 180 customers in “one scheme or continuing course of conduct.” The offenses are alleged to have occurred on numerous dates between Feb. 9, 2006, and Sept. 27, 2006.

The insurance policies were after-market policies that customers bought along with their vehicles, Texas Ranger Nick Hanna said earlier. He said all of the policies have now been paid and that all of the customers have the insurance policies they paid for.