Crime

Hawaii Store Drops $5 Sandwich Theft Charges That Led to Parents’ Arrest

HONOLULU (AP) — Safeway is declining to press charges against a Honolulu couple whose arrests over stolen sandwiches led state workers to take custody of their 2-year-old daughter and sparked nationwide outrage.

Safeway told Honolulu police Tuesday that it won’t press charges against Marcin and Nicole Leszczynski, company spokeswoman Susan Houghton told The Associated Press. The couple were arrested last week when Nicole, who is 30 weeks pregnant, ate a sandwich while shopping and walked out without paying.

Their daughter Zofia was taken away by state Child Welfare Services officials. She was returned to her parents 18 hours later.

Safeway Wont Press Charges in Parents $5 Sandwich Theft

Karl Schroeder, a Safeway Inc. division president, called Nicole Leszczynski on Tuesday, and “apologized for what she’s been through,” Houghton said.

Houghton said management followed routine shoplifting procedure by contacting police, but Safeway regrets not foreseeing that doing so would cause a child to be separated from her parents.

“We want to do the right thing here,” Houghton said. “Families are important to us.”

Nicole said she was surprised to get the call because the incident was nearly a week ago.

“I feel relieved that the charges are being dropped and he kind of did make an apology,” she said. “Now that we have our daughter back and we’re not in jail, that’s our biggest concern.”

The incident at the store near downtown Honolulu is prompting Safeway to examine how managers and employees are trained. “In this case, it was not handled in the appropriate manner and we wanted to correct that,” Houghton said.

Nicole, 28, and Marcin, 33, forgot to pay for two sandwiches that together cost $5. They were handcuffed and searched, and later released on $50 bail each.

The family had moved to an apartment near downtown Honolulu from Monterey, Calif., two weeks ago. Still settling in, they ventured out Wednesday to stock up on groceries, took the bus, got lost, and ended up at a Safeway supermarket, Nicole said.

Famished, the former Air Force staff sergeant openly munched on one while she shopped, saving the wrapper to be scanned at the register later. But she said they forgot to pay for the sandwiches as they checked out with about $50 worth of groceries.

“When the security guard questioned us, I was really embarrassed, I was horrified,” Nicole told AP on Monday. They were led upstairs, where the couple expected to get a lecture, pay for the sandwiches, and be allowed on their way.

But store managers wouldn’t allow them to simply pay, she said.

Four hours later, a police officer arrived and read them their rights. A woman from the Child Welfare Services arrived to take Zofia away.

Nicole called the incident “so horrifying. It seemed to escalate and no one could say, `this is too much.’”

The pregnant mother said she tried to keep her composure until Zofia, who turns 3 in December, left the store.

“I didn‘t want Zofia to be scared because she’s never spent a night away from us. She didn’t have her stuffed animal. She didn’t have her toothbrush.”

But as soon as her daughter left, “I got completely hysterical. I went to the bathroom and I threw up,” she recalled.

A Honolulu police spokeswoman said it was routine procedure to call Child Welfare Services if a child is present when both parents are arrested.

The couple were handcuffed and driven separately to police headquarters a few blocks away, where they were searched, had their mug shots taken and then released after paying bail.

Nicole said that the morning after the arrest, she emailed Safeway to say not paying for the sandwiches was an honest mistake. “It was just a slip, a mommy-brain moment, I guess,” she said. Houghton said Safeway accepts her assurance that she simply forgot to pay.

Nicole said she and her husband were told they were banned from the store for one year.

Houghton said she wasn’t sure who would have told them that, but Safeway welcomes the family back.

Grocery shopping is a chore that now bring some anxiety, Nicole said, adding that she has read countless comments online criticizing her for eating before paying.

“I didn’t know it was such a taboo thing,” she said. “Where I grew up in a small town it’s not seen as stealing for sure.”

The Leszczynskis had hired a criminal defense lawyer to fight the charges but are unsure about whether to pursue legal action against Safeway.

“I haven’t even considered it because I was just so worried about the charges,” Nicole said. “I do feel like something went terribly wrong and we were abused in some way.”

Comments (90)

1 2
  • The Monkey King
    Posted on November 2, 2011 at 11:41am

    No doubt, the couple have a combined IQ that is less than impressive. This being said, the store overreached, went overboard, and will suffer the consequences of bad press. My wife and I will NEVER shop at a Safeway, ever again. And we don’t shoplift. I imagine that there are a number of other folks who feel the same way.

    Report Post » The Monkey King  
    • firstHat
      Posted on November 2, 2011 at 1:23pm

      I don’t think IQ has anything at all to do with it. It has more to do with being tired, overwhelmed and having too much on your mind. I’ve got an IQ that would knock the socks of most folks, but I remember one day when I was in my 20′s when I got as far as the door of a grocery store and had totally forgotten to go through check out. I was in the midst of wedding plans, had just worked another 12 hour day in my 7 day work week, I was a half hour late getting to my in-laws to be for dinner and saw someone I needed to talk to drive past the store and pull in a parking place. I simply did the first thing on my mind from my list of dumb things I had to do in no time at all and started to run out the door to catch the person in question….by passing the other thing on my list which was to pay for my groceries. Fortunately I lived in a fairly small town and was in a store I’d shopped in my whole life. They understood.

      My point is that many of us very intelligent folk make stupid mistakes when we’re trying to multitask on little or no sleep. We ALL, no matter IQ, do many daily activities on autopilot. Anyone who has uprooted and moved knows that the sudden upheaval in environment throws off that autopilot and can lead to all kinds of mistakes.

      Report Post »  
    • BSdetector
      Posted on November 2, 2011 at 2:14pm

      You won‘t shop there because they don’t let people shoplift whenever they want? Her intentions at the time are irrelevant, she committed a crime.
      If she and safeway want to work it out and they believe that she simply forgot, then fine, but don’t demonize safeway for pursuing what appeared to be a routine shoplifting incident…

      Report Post » BSdetector  
    • V-MAN MACE
      Posted on November 2, 2011 at 4:45pm

      Why does this so-called free speech website keep censoring my criticism of Children and Family Services?

      I have special experience with these people, and they’re NOT to be protected from criticism, especially not by censoring comments. The stories about this government institution are atrocious.

      What the hell…

      Report Post » V-MAN MACE  
    • V-MAN MACE
      Posted on November 2, 2011 at 4:48pm

      Oh they have a low IQ, huh?

      So let’s just let the State take their kids and sterilize them! Maybe pay them a few thousand dollars! Can’t have any of those “undesirables” procreating!!

      After all, they walked out of a store and forgot to pay for a sammich!

      My very essence is repulsed by the thought.

      Report Post » V-MAN MACE  
  • zman173rd
    Posted on November 2, 2011 at 11:41am

    No excuse for eating something before it’s paid for. That’s like wearing something you just pulled off the rack or opening a video game or medicinal item before you go through checkout. No different. I got so upset AND embarrased (angry is a bit overstated) when my wife did it with my stepkids with grapes or juice or whatever. She too is from a small town but they know it‘s isn’t theirs until it’s paid for. They don’t do it anymore. Lessons need to be taught to children of all ages.

    Report Post » zman173rd  
    • carlitamonique
      Posted on November 2, 2011 at 11:59am

      for crying out loud!!!! the woman is eight months pregnant!

      Report Post »  
    • HungryTigerofOz
      Posted on November 2, 2011 at 12:02pm

      I feel so guilty. I have bought shoes before and, get this, wore them to walk up to the cashier to pay for them. And then, I went to a steakhouse the other day and ate my steak before I paid the bill. I am no better then a common criminal. I demand that police resources be used to crackdown on delinquents like myself.

      Report Post »  
    • cashe
      Posted on November 2, 2011 at 12:14pm

      I occasionally eat or drink something while I shop. It may be some bottled water if I am thirsty or some potato chips if I am hungry. Just pay for it when you check out. I don’t pay for my restaurant meal before I eat it, do I?

      Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:24pm

      carlitamonique: for crying out loud!!!! the woman is eight months pregnant!
      and????

      HungryTigerofOz: I feel so guilty. I have bought shoes before and, get this, wore them to walk up to the cashier to pay for them. And then, I went to a steakhouse the other day and ate my steak before I paid the bill. I am no better then a common criminal. I demand that police resources be used to crackdown on delinquents like myself.
      what do you not understand about: they walked out without paying?????

      cashe: I occasionally eat or drink something while I shop. It may be some bottled water if I am thirsty or some potato chips if I am hungry. Just pay for it when you check out. I don’t pay for my restaurant meal before I eat it, do I?
      what do you not understand about: they walked out without paying?????

      Report Post »  
    • HungryTigerofOz
      Posted on November 2, 2011 at 1:19pm

      Thanks, oldbat. I was actually responding to zman173rd’s rather zealous contention that eating food prior to paying for it is the moral equivalent of knocking over convenience stores. I was not specifically addressing the facts of the news story. However, feel free to continue to make irrelevant comments.

      Report Post »  
    • pavepaws
      Posted on November 2, 2011 at 3:13pm

      Next time I‘m sure they won’t forget.

      Report Post »  
    • piecolorado
      Posted on November 2, 2011 at 4:32pm

      Eating grapes in the store before paying is a clear crime. They are paid for by weight! How can you weigh them after you ate them?

      Report Post »  
    • WeekendAtBernankes
      Posted on November 2, 2011 at 8:45pm

      You’re right. Next time I go to Red Lobster I’ll insist on paying up front.

      What are you? Stupid? Oh, right.

      Report Post » WeekendAtBernankes  
  • sizzler2220
    Posted on November 2, 2011 at 11:40am

    The Hawaiians still have “Kill Houle Day” on the last day of school in several high schools in Oahu. But this houle stole a sandwich and they should be punished, not apologized to.

    Report Post »  
  • jaxson
    Posted on November 2, 2011 at 11:27am

    if your famished, pay for the sandwich, eat it, then go shopping, its only common sense…this simple idea would have prevented all the troubles, besides, what part of its not yours till you pay for it dont people understand..“i forgot” is nothing more than a convient excuse for bad behavior..probably only took 5 minutes to buy 50 bucks worth of food in Hawii, she couldnt wait that long? if you get away with it often it only sucks when you get caught but to her advantage when no one is paying attention.

    Report Post »  
  • Bcortez
    Posted on November 2, 2011 at 10:34am

    Speaking as a Haole Local Girl who lives out of state now, I do not believe this was reverse prejudice. The question everyone seems to be forgetting to ask is; what the heck was her ignorant husband doing when this unfortunate incident took place? What did he do, eat his sandwich quietly while he,his wife and daughter were being aressted and taken away. Geesh! I think they need to take a little more responsibility for the so called ‘mistake’ they made. The Safeway manager did overreact but I think there is a little bit more to the story then a sweet, lost, pregnant woman has her baby taken from her and is carted off to jail.

    Report Post » Bcortez  
    • Stoic one
      Posted on November 2, 2011 at 11:09am

      perhaps the store is in a high crime demographic?
      I worked for a grocery chain for 16yrs…the theft policies varied by location.

      Report Post » Stoic one  
    • dontbotherme
      Posted on November 2, 2011 at 2:32pm

      bcortez: He was arrested too. It says that in the report.

      Report Post »  
  • jkdblaze
    Posted on November 2, 2011 at 10:33am

    Wait a minute, lets get this straight! Apprently they were watching this couple. As soon as they walked out the store, security grabbed them. Why not remind them before they leave the store. Better yet have have their customers pay for the sandwiches when they get them.Save a lot of trouble on both sides.

    Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:25pm

      easily done now.

      Report Post »  
    • Ducky 1
      Posted on November 2, 2011 at 1:48pm

      Well said.

      Report Post » Ducky 1  
    • kbuinowski
      Posted on November 7, 2011 at 11:38pm

      i have to agree with you.i use to be a secuity guard, but a security guards don’t have the power to arrest some one all they can do is try to stop them by approaching them. i don’t belive half of these people they want to cry out because of one thing. but they want to cry out because of a honest mistake. if you watched and listen to the video she said that they put the wrapper in the cart and did not try to hide the wrapper. i wrote to the company they told me that they called the lady and said that thy were sorry. and they were looking into it. some of the websites with this story said the company are dropping the charges if they do then it’s over. if they continue this on with the proscuting the couple then i hope the couple turns around file a charge on them for child endangerment since the security guard put his hands on the couple. the lady could file a charge for sex arasment chargers if the security guard is a male.

      Report Post »  
  • rml720
    Posted on November 2, 2011 at 9:36am

    I’ll tell you what it is… Reverse discrimination. If you’ve ever had the pleasure of living in Hawaii as a white person you would know that the locals (because there are almost no Hawaiians) hate houlis (pronounced “how-ly”) and routinely discriminate against them, kick their butts, deny employment, etc. and the police do nothing. You would never know at the resort though. Think about that the next time you are sitting at the resort there eating some overpriced food prepared by a local who hates white people like a Muslim hates a Jew.

    Report Post »  
    • Ookspay
      Posted on November 2, 2011 at 2:23pm

      I lived in Hawaii for 15 years and was the victim of descrimination many times. Locala Hawaiians hate Haoles (white people literally means “no life”), it is widespread. I would bet any amount that the guard was a Racist hawaiian.

      Google “Kill a Haole Day”. On the last day of school white children are harassed and beaten, it is a sport to the locals. I moved away as soon as I was ready to start a family. I miss the surf, weather and food but it isn’t worth it.

      Hawaiians constantly remind us that “Haoles stole their land” while conveniently omitting the fact that the original Polynesian settlers to Hawaii committed genocide on an entire race of people who occupied the Islands for centuries before they arrived. A race of people believed to have settled Hawaii from possibly Alaska were much smaller in size than the Polynesians and were quickly wiped out.

      Hawaii is by far the most Liberal and corrupt State in the Union.

      Report Post » Ookspay  
  • smackdown33
    Posted on November 2, 2011 at 9:35am

    She stole. Most criminals make excuses. She was caught, then said, “I forgot.” How convenient. How many times has she done this in the past?

    Report Post »  
    • loriann12
      Posted on November 2, 2011 at 10:36am

      I’m in Texas. I saw a hispanic woman (speaking Spanish only) watch as all 4 of her kids took icecream push-ups out of the freezer, with the oldest taking a soda from the one next to it, slipping it into a cargo pants pocket and saying “ca-ching) and eat them as she walked around the store. We told the cashier (also Hispanic) who simply shrugged, like so what?

      Report Post »  
    • matamoros
      Posted on November 2, 2011 at 11:13am

      I once walked out of my local Target store without paying for a pair of sunglasses that I had put in my shirt pocket. Heck, I even set off the alarm as I walked out of the store, and I simply gave a shrug to the attendant at the door (as if to say that his alarm was a bit too sensitive), and he returned the shrug. Lo-and-behold, when I got home I found the pair of sunglasses in my pocket. And YES, I did go back to pay for them.

      I thank God, that I too wasn’t pulled to the side and made to bear that kind of indignation, scorn and humiliation because of an honest mistake. The bottom-line is that these kind of things happen. Sometimes honest people do make mistakes (like everybody else). She should have been give the chance to correct that mistake.

      Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:27pm

      matamoros: what were those glasses doing IN YOUR POCKET INSTEAD OF IN YOUR CART/BASKET???

      Report Post »  
    • TEIN
      Posted on November 2, 2011 at 1:51pm

      Common sense is lacking today with some of the posts…why would you go and buy $50 worth of groceries and think you are getting away with something “shoplifting” $5 worth of sandwiches, which she and her former Air Force staff sergeant did, and would risk going to jail and losing their daughter?? Slip of the mind, mistake..it happens. They didn’t go in just eat food and drink then make a dash for the door. I must be part of the criminals as well, because I have taken a doughnut and let my 4 year old son eat it while shopping…still kept the bag and paid for the doughnut at the register along with $50 plus dollars of grocery’s….If the store was anal enough to keep track of them through the store, watch them eat a sandwich, buy groceries, and then waited until they left the premises to catch the 2 ne’er-do-well, the same store could of asked them not to eat the sandwiches inside of the store until paid for…

      Report Post »  
  • Jenny Lind
    Posted on November 2, 2011 at 9:29am

    Excuse me, but opeing a box of crackers to soothe a cranky child, or eating something when you are pregnant, or famished due to things beyond control, then paying for it with the wrapper is perfectly o.k. with me. i have taken things back into the store to be charged for them because the store forgot to charge me. I could not have gone back in or not kept a wrapper when my kids were little, but I am an honest person. I do not see an issue here when people are buying prepared to go items, if time constraints and hunger start them eating. Intent is everything, the store should have realized if they had the wrappers they intended to pay. They didn’t throw them away. or put them in pockets. Heaven help us, in a strange store, in a strange town they made a simple mistake.

    Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:28pm

      then where were the wrappers? if in sight, how do you forget to pay?

      Report Post »  
    • HorseCrazy
      Posted on November 2, 2011 at 1:41pm

      totally agree my husband is a diabetic and there have been a few times over the years when his blood sugar is low and we are at the store he will eat something from the deli while we shop to elevate regulate his insulin level, we pay for it since we leave it all in the cart but for heavens sake a pregnant mom with a young child has a lot on her mind, just absurd to have their child ripped away from them. awful

      Report Post »  
  • HungryTigerofOz
    Posted on November 2, 2011 at 9:12am

    I am amazed at the depth of feeling and holier-then-thou attitudes regarding eating food at a grocery store with the intention of paying for it at the register. There are penty of establishment that encourage consuming of the product before you pay for it (e.g. restaurants). I am interested if stores actually care or if they see it as an accomodation for their customers – I would assume they would be more concerned about offending paying customers. Now, obviously if you don’t pay for the item the store would have objections. Some people have an overly developed sense of justice.

    In this case, I’m sure that some prosecutor would have used their discretion to dismiss this case before it went anywhere.

    Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:30pm

      they didn’t pay for them. and they still would have had to go thru all that BEFORE a prosecutor ever saw the info.

      Report Post »  
  • dgktowntx
    Posted on November 2, 2011 at 9:07am

    People are turning the system upside down..You steal from a company and in return have the company apoligizing to you.. Wouldnt you realize if I dont pay for something and I just moved somewhere, where there is no one to watch my kid, and if I get arrested the authorities will have to do something with the kid….And again, theft, we are not responsible for our own actions..Oh but I forgot..

    Report Post » dgktowntx  
  • Muddbog
    Posted on November 2, 2011 at 9:06am

    Safeway is way over priced on all their Items. Believe it or not but Pineapple was outrageous there! We didn’t have much of a choice in shopping at safeway in Honolulu. They went over board on this, They still had the wrappers and intended to pay! Plus they even bought $50 in other items! Whats another $5?

    Report Post » Muddbog  
    • oldbat
      Posted on November 2, 2011 at 12:31pm

      but they did not pay, now did they?

      Report Post »  
    • Norm D. Plume
      Posted on November 2, 2011 at 7:58pm

      Oldbat,

      God forbid you ever make a mistake. And that’s what I believe this to have been. I’ve snacked in a store while shopping, and then paid at the register. A momentary slip of my Swiss-cheese memory would have been all it took for me to have made a mistake. However, a simple question from a cashier like, “And the sandwich that came in that wrapper?” would have brought my mind back to focus on that, and I’d have gladly paid.

      That sounds like what these people did. Safeway clearly went ’round the bend, when they could have simply said, “Ahem.” and been duly paid.

      The people were gits for forgetting — but that’s an honest mistake. Safeway was wrong for overreacting. And you are wrong for the continual chastisement of these people, and others who for one reason or another are more human, humane and forgiving than you.

      In short, get a friggin’ life.

      Report Post » Norm D. Plume  
  • oceandove
    Posted on November 2, 2011 at 8:57am

    Consuming food in a store when you have not paid for it yet, is stealing. Then they walked out without having the wrapper scan. THEFT I do think that taking the child away was extreme. I also think the store could have been more sympathetic and not have had them arrested. The store should have just make a point and let the couple know that this is NOT acceptable.

    Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:33pm

      stores have finished with being understanding. tough policies discourage theft.

      Report Post »  
  • Harryc123
    Posted on November 2, 2011 at 8:50am

    I would be interested in knowing the criminal background of these two individuals. I have seen many shoplifters get arrested in the store I once worked and hardly any of them weren’t released on the spot with a court date. The ones that were taken downtown had lengthy records.
    I would suspect that these two people are career criminals, and they are neglecting to report that.

    Report Post » Harryc123  
  • thunderbolt
    Posted on November 2, 2011 at 8:47am

    How unfortunate … bowing to pressure from people who think it is okay to steel.

    Report Post »  
  • Snowleopard {gallery of cat folks}
    Posted on November 2, 2011 at 8:47am

    One more example of the finest of progressive government system run to chaos extreme.

    Report Post » Snowleopard {gallery of cat folks}  
  • nobull14
    Posted on November 2, 2011 at 8:39am

    she still ate the sandwich and did not pay for it ? But bringing in children services went a bit too far.

    Report Post »  
    • Tom K
      Posted on November 2, 2011 at 9:28am

      When BOTH parents are arrested, Child Welfare is called to take care of the child. Do you just leave the child standing around the store? – Ask the store employees to take care of her? I have worked in loss prevention and shoplifters bring their children to the crime scene and many times will enlist the child’s help to hide stolen merchandise. Safeway DID apologize but the dimwit Mom seemed unclear if they really did apologize. Also the “Shoplifting Leszczynski’s ” [ sounds like a circus act ] are unsure if THEY are going to take legal action against the store from which THEY stole food. So, a growing, formerly California family has invaded Honolulu and the average I.Q. of the entire island has now declined.

      Report Post »  
  • HotFixIt
    Posted on November 2, 2011 at 8:17am

    I will still think twice before shopping in a Safeway anytime soon. They over reacted without using common sense. Munching on things while shopping is common in many parts of the country …. my mother and I do it occasionally when shopping together and do pay ….. there has been a rare instance where we have almost forgotten and I know the terrible feeling when you make that mistake and you “almost stole” something! Not a good feeling.

    Report Post »  
    • Harryc123
      Posted on November 2, 2011 at 8:48am

      And yet its still a crime. Go figure.

      Report Post » Harryc123  
    • CptStubbing
      Posted on November 2, 2011 at 10:59am

      @Harry
      I have never read a statute where it says you cannot use a product before you pay for it. From your point of view, anytime a child picks up a toy at the store and plays with it he is committing a crime because he has not paid to play with that toy. Should he reimburse the store for the time that he had to enjoy the toy? No. Secondly, it is not a crime, because mens rea is not an element. They do not intend to steal the item; their intent is to pay for the item when they check out. If they do pay for the item they have committed no crime. If they forget to pay for the item, they have still not committed a crime, because there was no intent to commit the crime.

      Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:36pm

      CptStubbing: in case you haven’t heard, intent is no longer required. go research.

      Report Post »  
    • HungryTigerofOz
      Posted on November 2, 2011 at 1:41pm

      cptstubbing – I get your point, but one technical correction: I think what you mean to say is that mens rea ‘is’ an element, therefore the state would have to prove that the couple had the intent not to pay for the sandwhiches in order to prove the crime of theft.

      I have no idea what oldbat is rambling about.

      Report Post »  
    • CptStubbing
      Posted on November 2, 2011 at 2:47pm

      Oldbat: I’m not quite sure what you are talking about. This took place in Hawaii right?

      http://www.capitol.hawaii.gov/hrs2009/Vol14_Ch0701-0853/HRS0708/HRS_0708-0830.htm

      This is the statute that applies. If you read the listed criteria, you will see they all require intent.

      Let’s specifically look at: (8) Shoplifting.
      (a) A person conceals or takes possession of the goods or merchandise of any store or retail establishment, with intent to defraud.
      (b) A person alters the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud.
      (c) A person transfers the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.

      I’m not sure if you notice, but each one says with “intent to defraud.”
      I live in Michigan here is the statute in Michigan pertaining to retail fraud, requiring intent:

      http://www.legislature.mi.gov/(S(mme42l55lza11s55byet5a55))/mileg.aspx?page=getObject&objectName=mcl-750-356d

      I have no desire to write an entire brief for you; however, here are some cases you can look up for yourself.
      Territory v. Marks, 25 Haw. 219, (1919)
      State v. Shinyama,101 Haw. 389, 397 (2003)
      U.S. v. Lopez-Pastrana, 244 F.3d 1025, 1029 (2001)
      Hernandez-Cruz v. Holder, 651 F.3d 1094 (2011) This case deals with the deportation of a Guatemalan. The Court cites several cases and statutes pertaining to intent.

      You are more than welcome to shep

      Report Post »  
    • CptStubbing
      Posted on November 2, 2011 at 2:49pm

      See, HungryTigerofOz gets it.

      Report Post »  
  • Gorp
    Posted on November 2, 2011 at 8:03am

    “I feel relieved that the charges are being dropped and he kind of did make an apology,” she said.”

    He kind of did make an apology? They are the ones who should be apologizing to Safeway for stealing! We have a Coborn‘s chain here in MN and while I’ve never eating anything while shopping I have gotten a bottle of Pepsi and drank it but paid for it at the register. I have never “forgotten” to pay for anything.

    Maybe the store should have let them pay for it and leave, maybe not. If you can’t do the time, don’t do the crime.

    Report Post » Gorp  
    • proliance
      Posted on November 2, 2011 at 8:24am

      Congratulations on being the only perfect person on the planet. You must be very proud.

      Report Post » proliance  
    • Darla_K
      Posted on November 2, 2011 at 8:37am

      Hmmmm. Sarcasimn? GORP is exactly right. There is NO excuse for stealing. There is nothing worse than a thief. Look at the White House. Good example.

      Report Post » Darla_K  
    • SilentNoLonger
      Posted on November 2, 2011 at 8:40am

      It’s pretty easy to be that perfect. You want to know that complicated little secret to perfection? You freaking pay for the product before you consume it. I guarantee your backbone isn’t rubbing a hole in your belly button. You want to munch while you’re shopping, buy something and then continue shopping. Don’t want to go through the line twice some of these stores have little trial carts that will give you FREE food.

      Report Post »  
    • oldbat
      Posted on November 2, 2011 at 12:38pm

      proliance: so just WHERE WERE THE WRAPPERS? how do you forget to pay for something in plain site in your cart?

      Report Post »  
  • PATRIOTMAMA
    Posted on November 2, 2011 at 8:00am

    WTF?!!! Look, I see people all the time and do it myself that grabs a soda or a snack while in the store NEVER having the intention of not paying. NEVER. I come from a rural community and as long as you pay for it, it doesn’t matter when you decide to eat YOUR food. I completely see how this pregnant woman who was hungry disoriented and traveling with a toddler could forget to pay. I have accidentally walked out with a gallon of milk under my cart on the bottom rack before and went back in to pay. Seeing how she was willing to pay and had purchased other groceries actually calling the police was totally TOO far and they should be remrimanded for this. RIDICULOUS abuse of the legal system. Common sense is dead and it is our JOB to be outraged by something like this. We all make mistakes and this is taking things WAY WAY WAY too far.

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    • John Disc 19320
      Posted on November 2, 2011 at 8:20am

      I agree. Safeway manager made a huge mistake. I grew up the same way. And they paid for the other goceries.

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    • smacky
      Posted on November 2, 2011 at 9:00am

      I agree it went too far. However, wouldn’t it have been easier for the husband AND wife to pay for the sandwiches when they picked them up? Most supermarkets have a cash registers close to food items that have been prepared for immediate consumption. They do this just because of this situation, it gives the customer the ability to eat while they shop. The market had every right to protect their property, the same as you and I do. Are we willing to give this woman a free pass just because she pregnant? She made the mistake and should live by the consequences what ever they may be. What about her husband? Why should we be expected to give him a free pass, because he’s pregnant? My point is everybody has an excuse, it still doesn’t make right. The parents should have been more responsible.

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    • oldbat
      Posted on November 2, 2011 at 12:41pm

      technically, eating stuff in the grocery store before paying is stealing, BUT unless it’s something that must be weighed…… notice that security didn’t grab them WHILE THEY ATE. they waited to see if they would pay. they didn’t. now, HOW DO YOU OVERLOOK WRAPPERS IN YOUR CART? perhaps the wrappers weren’t visible? ergo, intent to steal.

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  • MUDFLAPS
    Posted on November 2, 2011 at 7:58am

    boycott safeway

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    • Darla_K
      Posted on November 2, 2011 at 8:26am

      Why? because someone stoled food from them? There was no excuse for what she did. Bottom line. It costs alot of money to run a store and pay for overhead. If you want it, pay for it.

      Report Post » Darla_K  
    • Gavinwcaf
      Posted on November 2, 2011 at 12:49pm

      If you are going to steal there food, I am sure they hope you boycot them. The police are not Baby Sitters, and can not babysit while the padrents are in jail.

      Report Post » Gavinwcaf  
  • SpankDaMonkey
    Posted on November 2, 2011 at 7:58am

    .
    I’d rather take on the Taliban, than try taking food away from a pregnant woman……

    Report Post » SpankDaMonkey  
  • Darla_K
    Posted on November 2, 2011 at 7:55am

    People should not be allowed to eat or drink while shopping if they haven’t paid for it. I have seen alot of this over the years. I don’t think their little girl should have been taken away. That is over the top. Give them a ticket to appear in court.

    Report Post » Darla_K  
    • demint.disciple
      Posted on November 2, 2011 at 8:22am

      Exactly and if and when found guilty, THEN take the kid away or not.. Not before.. Sheesh, whatever happened to innocent until proven guilty ?

      Report Post » demint.disciple  
    • Scaz
      Posted on November 2, 2011 at 8:47am

      Innocent until proven guilty does not apply to CPS. When you’re acting “for the safety of the child”, you can do virtually anything. The law gives unquestioning power to CPS.

      Report Post » Scaz  
  • SilentNoLonger
    Posted on November 2, 2011 at 7:45am

    She didn’t “forget” to pay for anything. First you pay for the product then you can consume said product. No apology needed. Maybe a “You’re lucky we feel sorry for ya, maybe next time you’ll think.”

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  • lukerw
    Posted on November 2, 2011 at 7:44am

    We are prosecuting… over food? Viva la France!

    Report Post » lukerw  
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