Accused thieves argue for lesser charge because items were on sale

Shoplifiting convictions don’t exactly make for great headlines, except when the thieves argue that they should be given a lesser punishment because the items they tried to steal were on sale.

Such was the case in a Colorado courtroom this week, when the lawyers for two men found guilty of stealing items from a Kohl’s department store tried to convince the judge for reduced charges because some of the stolen items were discounted.

The pair, Michael Green, 50, and Byron Bolden, 37, were reportedly called the “KitchenAid Mixer Crew” by employees at the Parker, Colo., store because of their penchant for nicking high-ticket items, like expensive kitchen appliances, as well as designer clothing.

According to the Denver Gazette, the district attorney’s office said that the men allegedly asked that the judge consider Kohl’s coupons and discounts, which would bring the case down from a felony to a misdemeanour.

The threshold for felony theft in Colorado is US$2,000, and the documented value of the items stolen by Green and Bolden was $2,094.48.

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And, as the Gazette points out, some of the merchandise that authorities said Green and Bolden attempted to steal — like Under Armour shoes and KitchenAid appliances — are not eligible for discounts at Kohl’s, per the company website.

Regardless, prosecutors argued that sales and discounts only count if the items are actually paid for, reports local TV station KMGH-TV.

John Kellner, the district attorney, said in a press release: “Just because an item is ‘on sale’ doesn’t mean it’s free to steal, and these defendants now get to think about this lesson in jail and prison.”

He added: “Retailers in our community are fed up with theft and my office will actively prosecute these offenders.”

“Retail theft is not a victimless crime,” Deputy District Attorney Sherri Giger echoed in the same release. “We’ve all seen news articles about the impact of rising retail theft, including stores forced into closing, as well as price increases passed along to paying customers to offset loss.”

In the end, the lawyers for the accused failed to sway the judge. Green, who is currently facing a separate conviction in the courts system, was sentenced to 15 months in prison. Bolden was sentenced to 90 days in jail and 18 months of probation.