If an item is on sale, should the person who steals it get a deal too?
This question was raised in a recent case in Colorado, where two men accused of stealing shoes, KitchenAid mixers and other items from a department store claimed they should face lower charges based on the selling prices of the items.
The court rejected the argument that sales prices applied to the value of stolen goods.credit: Natalie Poe
The argument was of vital importance to their cause. In Colorado, theft of less than $2,000 ($2,980) is a misdemeanor punishable by up to a year in prison. But theft between $2,000 and $5,000 is a felony punishable by up to 18 months in prison.
The District Attorney's Office argued that the “documented value” of the items was $2,094.98. This would make theft a felony.
But the two men, Michael Green, 50, and Byron Bolden, 37, who have pleaded not guilty, maintained the value of the items was $1,856.19 because some of the merchandise, including at least one of the blenders, was planted. For sale, said Thomas Ramonda Jr., Bolden's attorney. This would classify the charge as a misdemeanor.
In some cases, such as the theft of jewelry or antiques, determining “fair market value” can be difficult, he said. But when items are stolen from a store, he said, a police officer typically reports the value based on the store's stickers, signs and several other factors that can reveal that some items were for sale.
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Green and Bolden were accused of loading shopping carts and stealing from a Kohl's store in Parker, Colorado, about 40 kilometers southeast of downtown Denver, on Sept. 10, 2022. But they were not immediately arrested. They were later identified on surveillance video and then charged, prosecutors said.
The defense was able to determine the “exact price” of each item through a subpoena to Kohl's corporate office, Ramonda said. Cole did not respond to a request for comment.
