@jack walsh13 and other members from Philly. What y’all doing out there
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Joseph Sobolewski stopped at a convenience store in Perry County last month where he saw a sign for 20-ounce Mountain Dew bottles: 2 for $3.
He grabbed a bottle, slapped $2 on the counter and walked out.
What he didn’t know was a single bottle was $2.29, not $1.50. So he had shorted the store 29 cents plus tax, or 43 cents total.
The store called police, who tracked him down. Pennsylvania State police officers charged him with a felony, locked him up on $50,000 cash-only bond. He’s facing the possibility of up to seven years in prison.
His situation highlights several serious problems in the criminal justice system, according to reform advocates: police pushing minor matters into criminal courts; magisterial district judges setting impossible high bonds; and the state’s ‘three strikes’ law’ for retail theft that doesn’t consider the value of the item in the third arrest.
Sobolewski’s first theft conviction occurred more than 10 years ago and involved a tank of gasoline. He drove off without paying. In December 2011, he was arrested for stealing a pair of shoes from a K-Mart in Cumberland County that cost $39.99.
For that crime he paid more than $866 in fines and fees and was sentenced to three months in jail for a probation violation.
Now the homeless man faces the possibility of three-and-a-half years to seven years in prison for a theft of less than 50 cents.
“For me, I would get the deterrent factor if someone’s thefts were getting worse or higher in value,” said Brandon Flood, director of the state’s Board of Parole. “But the lack of discretion is what bothers me. It’s problematic because it doesn’t factor in the amount.”
For Sobolewski, 38, it’s unclear whether the situation even fits the elements of state’s law against retail theft. Prosecutors will have to prove this wasn’t a misunderstanding and that he intentionally deprived the store of the full value of the drink.
Also unclear is why the employee at the Exxon at 3298 Susquehanna Trail in Duncannon wanted to press charges over such a small amount. The clerk confirmed to police that Sobolewski put $2 on the counter, then she followed him outside and told him he didn’t pay enough. Sobolewski responded that he did, then drove away, according to court records.
The convenience store manager, who also confirmed to police that Sobolewski “threw $2 onto the checkout counter,” declined to comment Friday when PennLive asked why they wanted to handle this situation in a criminal court.
Pennsylvania State police spokeswoman Megan Ammerman said troopers “cannot decide to not charge someone for a criminal case, only victims of certain crimes can decline charges. If we are called to an incident involving a crime we follow and enforce the PA Crimes Code.”
Under Pennsylvania law, a first charge of retail theft where the value of the items stolen is less than $150 is graded as a summary offense, the same as a speeding ticket.
A second offense is a misdemeanor.
Third and subsequent offenses, no matter the amount, are all graded as a third-degree felonies, which is the same charge for items valued at more than $1,000. Other crimes that count as a third-degree felony are involuntary manslaughter, institutional sexual assault and carrying a firearm without a license.
Criminalizing a matter that may have been a misunderstanding over 43 cents is a waste of taxpayers’ money, which must be used to house and process those defendants, Flood said.
“There are smarter ways to handle things,” he said.
The low value in this case is unusual, but the situation is not, said Nyssa Taylor, the criminal justice policy counsel with ACLU Philadelphia.
“The state prisons are bulging,” she said. “We don’t need to be jailing people over this. It’s punishment of poverty and substance use disorder.”
Additionally damaging in Sobolewski’s case was the fact he was basically denied bail. A $50,000 cash bond for a homeless person who earns about $5,000 per year is an impossible amount, which ensured he would remain behind bars. He spent seven days locked up before his public defender convinced a different judge to intervene. His attorney declined to comment for this story.
Court records show she asked for a modification that changed his bond into “unsecured,” instead of cash, which meant he could be released without putting up any money though his bond amount remains at $50,000.
Man charged with felony, jailed on $50k cash bond for 43-cent ‘theft’
Joseph Sobolewski, of Harrisburg, paid $2 for a Mountain Dew at a Perry County convenience store after seeing a sign that said 2 for $3. But single bottles cost $2.29 each.
Joseph Sobolewski stopped at a convenience store in Perry County last month where he saw a sign for 20-ounce Mountain Dew bottles: 2 for $3.
He grabbed a bottle, slapped $2 on the counter and walked out.
What he didn’t know was a single bottle was $2.29, not $1.50. So he had shorted the store 29 cents plus tax, or 43 cents total.
The store called police, who tracked him down. Pennsylvania State police officers charged him with a felony, locked him up on $50,000 cash-only bond. He’s facing the possibility of up to seven years in prison.
His situation highlights several serious problems in the criminal justice system, according to reform advocates: police pushing minor matters into criminal courts; magisterial district judges setting impossible high bonds; and the state’s ‘three strikes’ law’ for retail theft that doesn’t consider the value of the item in the third arrest.
Sobolewski’s first theft conviction occurred more than 10 years ago and involved a tank of gasoline. He drove off without paying. In December 2011, he was arrested for stealing a pair of shoes from a K-Mart in Cumberland County that cost $39.99.
For that crime he paid more than $866 in fines and fees and was sentenced to three months in jail for a probation violation.
Now the homeless man faces the possibility of three-and-a-half years to seven years in prison for a theft of less than 50 cents.
“For me, I would get the deterrent factor if someone’s thefts were getting worse or higher in value,” said Brandon Flood, director of the state’s Board of Parole. “But the lack of discretion is what bothers me. It’s problematic because it doesn’t factor in the amount.”
For Sobolewski, 38, it’s unclear whether the situation even fits the elements of state’s law against retail theft. Prosecutors will have to prove this wasn’t a misunderstanding and that he intentionally deprived the store of the full value of the drink.
Also unclear is why the employee at the Exxon at 3298 Susquehanna Trail in Duncannon wanted to press charges over such a small amount. The clerk confirmed to police that Sobolewski put $2 on the counter, then she followed him outside and told him he didn’t pay enough. Sobolewski responded that he did, then drove away, according to court records.
The convenience store manager, who also confirmed to police that Sobolewski “threw $2 onto the checkout counter,” declined to comment Friday when PennLive asked why they wanted to handle this situation in a criminal court.
Pennsylvania State police spokeswoman Megan Ammerman said troopers “cannot decide to not charge someone for a criminal case, only victims of certain crimes can decline charges. If we are called to an incident involving a crime we follow and enforce the PA Crimes Code.”
Under Pennsylvania law, a first charge of retail theft where the value of the items stolen is less than $150 is graded as a summary offense, the same as a speeding ticket.
A second offense is a misdemeanor.
Third and subsequent offenses, no matter the amount, are all graded as a third-degree felonies, which is the same charge for items valued at more than $1,000. Other crimes that count as a third-degree felony are involuntary manslaughter, institutional sexual assault and carrying a firearm without a license.
Criminalizing a matter that may have been a misunderstanding over 43 cents is a waste of taxpayers’ money, which must be used to house and process those defendants, Flood said.
“There are smarter ways to handle things,” he said.
The low value in this case is unusual, but the situation is not, said Nyssa Taylor, the criminal justice policy counsel with ACLU Philadelphia.
“The state prisons are bulging,” she said. “We don’t need to be jailing people over this. It’s punishment of poverty and substance use disorder.”
Additionally damaging in Sobolewski’s case was the fact he was basically denied bail. A $50,000 cash bond for a homeless person who earns about $5,000 per year is an impossible amount, which ensured he would remain behind bars. He spent seven days locked up before his public defender convinced a different judge to intervene. His attorney declined to comment for this story.
Court records show she asked for a modification that changed his bond into “unsecured,” instead of cash, which meant he could be released without putting up any money though his bond amount remains at $50,000.
