Real interesting. To catch a thief on rural property.

[TheMan419]

Here's how that works out....

HARRISBURG, Pa. — Pennsylvania prosecutors have dropped a felony theft charge against a man who underpaid for a bottle of Mountain Dew by 43 cents.

Prosecutors in Perry County dropped the theft charge this month against Joseph Sobolewski, 38, and downgraded another charge, the Patriot-News reportedTuesday.

In August, Sobolewski went into an Exxon in Duncannon and saw a sign advertising two 20-ounce Mountain Dew bottles for $3, he said. He took one bottle, slapped $2 on the counter for what he thought was a $1.50 soda and walked out, not realizing the discount did not apply to a single bottle.

The bottle really cost $2.29, so including tax, he owed the store 43 cents.

State police found Sobolewski and arrested him on a felony charge. A judge ordered him held on $50,000 cash-only bond. He was in jail for seven days before his public defender successfully argued for his release, the newspaper reported.

Sobolewski had twice in the past 10 years been charged with theft, once for not paying for a tank of gas and another time for stealing a pair of shoes from a store. Under Pennsylvania's three-strikes law, a third theft charge must be a felony, regardless of the amount or value involved. He faced up to seven years in prison.

Yep. Taking away discretion makes things really bad. Things like a truck driver getting 150 years in prison.

 

[Fixastuff]

Guess they could modify the statute to place a threshold value on the amount before the 'three strikes' factor kicks in. You know, like you can steal up to $950 in value in Cali before you will be subject to arrest. That is working out well for the thieves isn't it? I read where they are carrying calculators with them so they make sure okee their thefts below the threshold.

They just increased the mandatory felony charge to that amount and still arrest and prosecute for lesser thefts, it's just a misdemeanor charge not a felony.

 

[3 Horse Ranch]

The point is, if you have stringent 3-strikes rules, there's no way for a judge or jury to provide common sense sentencing. That's why 3-strike laws are reserved for violent crimes.

It requires common sense. Obviously Pennsylvania law makes a felony out of shoplifting which in just about every other state is a misdemeanor.

 

[MossRoad]

Yep. Taking away discretion makes things really bad. Things like a truck driver getting 150 years in prison.

Yeah, I've been watching that one, too.

 

[4570Man]

Yep. Taking away discretion makes things really bad. Things like a truck driver getting 150 years in prison.

It was a 110 not 150 and the guy deserved it as far as I’m concerned.

 

[ponytug]

"For want of a nail, a shoe was lost..."

I do feel sorry for the truck driver, who made a couple of errors, culminating with electing not to use the brake ramps, but that last decision to drive into cars, rather than drive off the road, was intentional, and there were alternatives. Still, I am sorry that someone has to live with a split second mistake that cost other's their lives, or permanent injury for the rest of their lives. Do I think driving himself off the road would have been the better decision? Without question.

Nothing the courts have done or will do will undo what he did. That is the unfortunate tragedy. Whether it will deter any future driver, I have no idea.

Stay safe out there.

All the best,

Peter

 

[shooterdon]

Nice to know some police departments have the resources to hunt down a guy who welched on a $.43 charge.

Even more impressed with a prosecutor that will take the time to teach the guy a lesson.

And the cherry topping it all off....a judge that allows the trial to proceed.

Bet that sends a heck of a message to looters in that jurisdiction.

 

[JDZ735M]

Yep. Taking away discretion makes things really bad. Things like a truck driver getting 150 years in prison.

Might be incorrect, but, wasn't he offered a lesser plea deal which he refused and HE opted to go to trial and risk the higher possible penalty? Didn't a JURY find him guilty of those charges?

 

[JDZ735M]

It requires common sense. Obviously Pennsylvania law makes a felony out of shoplifting which in just about every other state is a misdemeanor.

That only becomes a felony after other final convictions for theft? Right? So "learn from your mistakes and stop STEALING" is the message the citizens are sending through their elected representatives to the criminals.

 

[JDZ735M]

They just increased the mandatory felony charge to that amount and still arrest and prosecute for lesser thefts, it's just a misdemeanor charge not a felony.

The practice in Cali as I understand it is that the police will not come and make arrests in theft cases under the threshold of $950. That is why thefts from stores has increased to the point many are closing.