Steal a $1 soda, get charged with a felony.

[PoorManQ45]

http://www.abcactionnews.com/dpp/news/s ... z1stDsLxZa

NAPLES, Fla. — A Naples man faces a felony charge after he was accused of walking out of the McDonald’s in East Naples without paying for a cup of soda.
After filling a courtesy cup with soda Thursday at the McDonald’s soda fountain and then leaving the restaurant, Mark Abaire, 52, of the 500 block of 14th Street North, was arrested by Collier deputies and now faces a felony theft charge, a sheriff’s report shows.
A manager told sheriff’s deputies that Abaire entered the store and asked for a glass of water around 10 p.m. Although the employee told him the cup was for water, Abaire filled it with soda at a fountain machine and sat outside the restaurant, according to an arrest report.
During a conversation with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.
While his charge is petty theft, because of previous petty theft convictions, the charge for drinking the unpaid-for soda was increased from a misdemeanor to a felony, the arrest report shows. In Florida, a third-degree felony can result in a sentence of up to 5 years in prison and a $5,000 fine.
Abaire faces additional misdemeanor counts of trespassing and disorderly intoxication. On Saturday, he remained in the Collier County jail with bond set at $6,500.


Read more: http://www.abcactionnews.com/dpp/news/s ... z1stV90R5E

In FL, felony theft is above $299. Even with prior convictions, how in the hell is this being charged as a felony? wtf.jpg

[300ZXttZMAN]

Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.

If this is true ^

Then yes by all means convict the idiot. Now the question is if they are going to be able to get him for a felony? Doubtful...

The dude is 52 years old he needs to grow the hell up and pay for his damn soda. Or he will just have to suffer the consequences. I see nothing wrong with the charge although felony may be hard to get but if they get it then great one more dumb a** off the street.. Not to mention that would be halarious if they convict him of a felony.

[alms24sebring]

/Florida

[PoorManQ45]

/Florida

[300ZXttZMAN]

[SBC 240Z]

I resent that

[MinisterofDOOM]

how in the hell is this being charged as a felony? wtf.jpg

While his charge is petty theft, because of previous petty theft convictions

Makes perfect sense to me. He's an idiot. He's been caught before. He has not changed his ways. He has no inclination to change his ways. He deserves to be charged with a felony.

If I were emperor, his kind of defiant idiocy would be punishable by far worse than a felony. Good luck getting a job again with "I am a useless excuse for a human being" tatooed on your forehead.

[Jesda]

The legal system likes to browbeat people into submission for sport.

$100 short on your taxes? We'll take everything you own and ask questions later.
Accused of pirating a song? You're getting sued for a bajillion dollars.
Oh, you have some weed in your pocket? We're taking away your children, seizing your home, shooting your dog, and ruining your career.

Felonies are losing their impact as they're too often applied to small, insignificant crimes with little negative impact on society.

Also, corporations run this country and it SUCKS. Romney and Obama aren't going to save us either.

[MinisterofDOOM]

A crime of negligence like falling short of taxes is not comparable to a willing, intentional, brazen, narcissistic act of theivery, regardless of the scale of either.

The legal system likes to browbeat people into submission for sport.

I can't think of a greater sporting event than the browbeating of stupid people.

[Jesda]

The legal system likes to browbeat people into submission for sport.

I can't think of a greater sporting event than the browbeating of stupid people.

I'd favor beating them with a paddle in the town square to the BS that the legal system pulls.

[themadscientist]

Rediculous. That should not be a felony. There are significant ramifications to a felony charge. How about the manager can legally bitchslap the dude and call it even.

[alms24sebring]

^ agreed. For christ sakes its a buck. Blowing fart in public will cost you 2 years and $20k mandatory before long.

I also saw that dumping trash in a trash can that isnt yours is also a felony..

[nissangirl74]

Should the drunken idiot have to pay for the soda? Yes.
Should he be allowed to sit in front of the restaurant and cuss the manager? No.
Should he be punished for that? Sure.
Should he be charged with a f***ing felony? Ummm.... no.

You put him in jail and the taxpayers are going to spend a crap-ton of money to house him TO NO AVAIL. Incarceration does not fix people.

[AZhitman]

Makes perfect sense to me. He's an idiot. He's been caught before. He has not changed his ways. He has no inclination to change his ways. He deserves to be charged with a felony.

If I were emperor, his kind of defiant idiocy would be punishable by far worse than a felony. Good luck getting a job again with "I am a useless excuse for a human being" tatooed on your forehead.

^ This.

Don't like it? Vote the person out of office who sponsored the bill in the state of fLOLida that makes one's umpteenth misdemeanor chargeable as a felony.

Frankly, I hate thieves. Let's take it closer to home - How about if that bum opened your car door and stole your favorite CD? Again, and again, and again? Each one's only worth a buck (maybe even less, since you're PMQ and probably listen to some boy band)... Still think he should be let off with an admonition ?

I like the idea of the manager smacking the living hell out of the dude. Some people don't get the hint - IT'S NOT YOURS. DON'T TOUCH IT.

Side note: The manager at my local Circle K where I get my daily unsweetened tea had previously trespassed a dude for stealing beer. He came in one morning while I was there, fixed himself a hot dog, bypassed the counter, and strolled out the door.

As he was walking out, mouth watering, about to take the first bite of his free hot dog, the manager (a short Black woman with a stellar sense of humor and a mean weave) SMACKED the hot dog to the sidewalk, stepped on it, and told him, "Stay the F*** outta my store."

I hugged her the next time I saw her.

[Jesda]

Hey, I dont appreciate boy bands being brought into this discussion. They work hard and some of them even write their own songs.

-----------------------

There are several ways to handle misdemeanors and small crimes without filling prisons (not jails... prisons) and making private prison operators rich, and there's a reason why the severity of a theft is categorized based on the value of items stolen ($299 in the case of Florida). It's to prevent a $1 soda theft (or even a series of $1 soda thefts) from resulting in a felony.

Throw the guy in a local jail for a week, maybe even a month, and force him to pay a large fine and pick up trash on the side of the road. But a felony? Nonsense. If your intent is to reform someone, preventing them from finding work won't do it. Community-based correctional methods are far more successful than prison, not to mention cheaper.

As a taxpayer, I favor cheaper.

[frapjap]

Side note: The manager at my local Circle K where I get my daily unsweetened tea had previously trespassed a dude for stealing beer. He came in one morning while I was there, fixed himself a hot dog, bypassed the counter, and strolled out the door.

As he was walking out, mouth watering, about to take the first bite of his free hot dog, the manager (a short Black woman with a stellar sense of humor and a mean weave) SMACKED the hot dog to the sidewalk, stepped on it, and told him, "Stay the F*** outta my store."

Thats awesome, I don't think I'd be capable of doing anything laborious for at least 10 minutes after witnessing that.

[300ZXttZMAN]

Makes perfect sense to me. He's an idiot. He's been caught before. He has not changed his ways. He has no inclination to change his ways. He deserves to be charged with a felony.

If I were emperor, his kind of defiant idiocy would be punishable by far worse than a felony. Good luck getting a job again with "I am a useless excuse for a human being" tatooed on your forehead.

Yep I agree I wish I would have said this in my post:

He has no inclination to change his ways.

[numbnuts240]

Makes perfect sense to me. He's an idiot. He's been caught before. He has not changed his ways. He has no inclination to change his ways. He deserves to be charged with a felony.

exactly. also, you all have to realize that chances are this guy won't be convicted of the felony charge and won't do any prison time. he'll serve a sentence in county or a level 2 facility that's more akin to adult daycare.

[s0m3th1ngAZ]

/Florida

Holy s***, Bug Bunny, beat the current Florida-hatred by 50 years.

[s0m3th1ngAZ]

Curious side note: Who HASN'T, EVER, taken soda instead of water when given a "water cup"?

[sbird1]

Ha, Bugs is standing on my house.

Also, I agree with the decision. I was not on board at all when I first read the headline, but after hearing the details, yeah, f*** that guy.

[sbird1]

Curious side note: Who HASN'T, EVER, taken soda instead of water when given a "water cup"?

This guy.

[alms24sebring]

Curious side note: Who HASN'T, EVER, taken soda instead of water when given a "water cup"?

Agreed. Guess Im a felon too.

This is so stupid and pointless to argue about. I cant really believe all the comments on here about put him in jail over a water cup sized soda. Its a f***ing petty soda. Just ban him or something. Why go that unnecessarily far with it like that

[Razi]

Curious side note: Who HASN'T, EVER, taken soda instead of water when given a "water cup"?

I like water.

[AZhitman]

Curious side note: Who HASN'T, EVER, taken soda instead of water when given a "water cup"?

This guy.

Ditto.

As a kid, if I even picked up something in a store, or in someone's house, that didn't belong to me, I got my hand smacked - HARD. That lesson stuck.

Respect other peoples' property - it's not a difficult concept. The world doesn't owe you a damn thing, and maybe if people would quit taking things that aren't theirs, there'd be a lot more charity in the world.

[nissangirl74]

Curious side note: Who HASN'T, EVER, taken soda instead of water when given a "water cup"?

Me. I was chaperoning a field trip once and caught one of the kids putting soda in their cup instead of water. I made him walk up to the counter, tell the manager what he did, apologize for being a thief, and pay for it out of his souvenir money.

[AZhitman]

I'd like to add, I don't necessarily disagree with Jesda - Community service (to the restaurant) would be a brilliant alternative.

[Jesda]

Curious side note: Who HASN'T, EVER, taken soda instead of water when given a "water cup"?

IT'S A TRAP!

I ADMIT NOTHING!

[AZhitman]

BROWN PEOPLE LIE.

[Jesda]

No witness!
No crime!