Prosecutor drops felony charge against central Pa. man for 43-cent 'theft'

[douglas9]

The Perry County district attorney’s office dismissed a felony charge that Pennsylvania State Police had filed against a homeless man after he paid $2 for Mt. Dew drink that cost $2.29.

Joseph Sobolewski maintained all along that his arrest for retail theft after visiting the Exxon at 3298 Susquehanna Trail in Duncannon was a misunderstanding. He said he saw a sign for 20-ounce Mountain Dew bottles: 2 for $3.

He grabbed a bottle, slapped $2 on the counter and walked out.

What he didn’t know was a single bottle was $2.29, not $1.50. So he had shorted the store 29 cents plus tax, or 43 cents total.

The store called police, who tracked him down. Pennsylvania State police Trooper Johnathan Sullivan charged him with a felony, and a Magisterial District Judge Jackie Leister locked him up for seven days on $50,000 cash-only bond. He was facing up to seven years behind bars because of Pennsylvania’s “three-strikes” law that mandates a third theft charge must be a felony regardless of the amount.


https://www.pennlive.com/news/2021/10/prosecutor-drops-felony-charge-against-central-pa-man-for-43-cent-theft.html

[no_hypocrisy]

2. This is called a "de minimis" infraction.

In legal terms, you technically broke the law, but the offense wasn't anticipated when the legislation was passed due to its minimal damage to society, IOW, the damage was trivial. Examples are being arrested for theft when you take an orange with you when you leave an all-you-can-eat buffet or park in a handicapped spot at McDonald's for 30 seconds at 2:00 in the morning.

What's unusual is the prosecutor dropping the charges. Usually it's the defense attorney who makes the de minimis motion.

https://law.justia.com/codes/pennsylvania/2010/title-18/chapter-3/312

[TrogL]

11. I have a disabled van with side entry

Those large handicapped stalls are the only place I can unload.

What the FUCK makes you are entitled to park there for 30 seconds while I'm out in the parking lot blocking traffic with people honking and yelling at me?

[no_hypocrisy]

12. Qualification: 2:00 in the morning with no other cars in the lot.

Four other handicapped spaces unoccupied.

This is de minimis for the situation described, not universal.

[TrogL]

13. TFB. I do traffic enforcement for a living

No means no

[fescuerescue]

17. That why prosecutors and defense attorneys understand "de minimis" and not meter maids so much.

[TrogL]

18. Because I can't read minds

I can write a ticket in 2 minutes. I don't have time to wait around for somebody's "just a minute" that's really a half hour.

[fescuerescue]

24. I know. It's real busy at 2:00am

[TrogL]

27. Yup. 9 am rolls around, he's still there, handicapped can't park

[radicalleft]

14. A little harsh...No?

Dayum

[TrogL]

16. When a BMW driver parked blocking 3 handicapped stalls..

...announces (in that I can do whatever I want) that ne of voice) "oh, I'm just going to be a minute" when I can see the lineup stretching out the door, it gets a bit frustrating.

You would not believe the abusive calls my office reveives.

[Mariana]

20. But that isn't the scenario the poster proposed, is it?

Strawman arguments are dishonest.

[Mariana]

21. Rather like charging someone with a felony over 43 cents.

To quote the poster, "TFB. No means no."

[TrogL]

28. False equivalence

[Mariana]

29. Strawman arguments are dishonest. nt.

[tulipsandroses]

3. What a complete waste of time and resources

There is this thing called discretion. Thank goodness the prosecutor knew how to use it. That cop never heard of it?

I know for the sake of being contrarian, someone will come along and say but he broke the law. Cops use their discretion in many instances. How many of us have been given a warning when we violated a traffic law? I know I have. Twice that I can remember. How much did it cost tax payers to hold this man? Then pay for a public defender if he was assigned one? A heck of a lot more than 43 cents

[Best_man23]

4. The guy was poor

The poor and persons of color gets the smackdown, that is how the Blue Street Gang rolls. The store owner should have been called out for calling the cops for a de minimis amount.

Kudos to the prosecutor for dismissing this travesty.

[stopdiggin]

6. Yes. Shop owner (or operator)

deserves a swift kick here as well. Not many people pointing to that. And it going off track a little - but these 'rip joints' are constantly doing crap like the '$3 for 2, but $2.29 for a single' snow job - together with routine outrageous overcharging. (IMO) it's really no wonder that their reputation in the community ranks right up there with the payday lenders.

[intheflow]

9. Not to mention, this store was also an Exxon station.

But I'm sure an oil corporation can't absorb $.43 of loss.

[jmowreader]

22. Gas stations don't belong to oil companies

They’re privately owned enterprises that make the same kind of deal with, say, Exxon that a burger joint makes with Coca-Cola: agree to sell only that brand of fuel in your store and the oil company provides signage so you know you’re getting Exxon gas rather than Shell or Chevron.

Here’s a wild one: the gas station across the street from the house I used to live in changed from Exxon to Chevron. Chevron wanted him to use their special dispensers for their gas, so the process of changing brands included selling through all the Exxon gas, removing his old dispensers, and installing new Chevron dispensers in their place. And now he has nice new dispensers on his forecourt.

[liberalhistorian]

23. Reminds me of the

convenience store owner who called police on a patron who'd bought coffee and grabbed some creamers before leaving. That's what they're there for, right? Not according to this dipshit asshat. He told the cop that she'd taken too many creamers, while the woman laughed her ass off because she thought he'd been joking at first about calling the cops and she couldn't believe his stupidity, that he'd actually done it.

But what was really entertaining was seeing the cop's response (the woman recorded the whole thing). The cop basically told the idiot owner, as professionally as he could, that it was not a police matter, that there was nothing the cop could or would do about it, and that it was a waste of police resources. Idiot owner didn't like that, but cop held firm. The customer told the owner good luck getting more business after this. Lol.

[ProfessorGAC]

26. They Revised The Law Here In Illinois

With t these "twofers" the law even specifies how big the lettering of the single price needs to be.
No "2 for $3" in 96 in two inch letters then, "single price $2.29" in letters one needs a magnifying glass to read.
IIRC, the single price has to be "obvious & legible, and at least one-third the print size of the promo price. And, if it's not marked, the price of has to be a simple fraction of the sale price.
I see it now at our supermarkets.
One of them always seems to have a deal on one grand of ice cream or another. Once ice cream was $3.59 a carton but 8 for $18. The single price was as plain as day.

[OAITW r.2.0]

7. What does a $.43 crime cost the taxpayer?

Ridiculous waste of time and resources.

[Vinca]

5. The money spent on the foolish arrest of this man would have done some good if it had been

used, instead, to find him a place to live and a way to support himself.

[berni_mccoy]

8. That is absolutely not theft. The man paid what he thought was the correct amount

How many times have registers shorted patrons? The stores aren’t charged with theft.

And we don’t have debtors prisons here.

[uponit7771]

10. ... and this is the reason why we have more people in jail per capita than any other country.

[lindysalsagal]

19. I hope he sues and wins a big settlement.

[lame54]

25. When the cops...

- who should never had been called - showed up they should have slapped 30 cents on the counter and left

That's how you keep the peace