Lawyer argues: The stuff they stole was ON SALE
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Two men convicted of retail theft at a Kohl's in Colorado tried to get a lesser punishment because they stole stuff that was on sale.
The men's attorneys made an argument for reduced charges after admitting stealing from the store in Parker, Colorado.
The case was described in a Tuesday news from the district attorney for Colorado's 18th Judicial District.
Michael Green, 50, and Byron Bolden, 37, were nicknamed the "KitchenAid Mixer Crew" by the DA in reference to the kitchen appliances they stole.
They also took designer shoes and clothing.
They were both ultimately convicted of felony theft. However, the DA's office said the men's attorneys argued for softer misdemeanor charges, citing discounts on the items.
According to The Denver Gazette, the men cited discounts on the sticker prices, and Kohl's coupons they had, to bring the items down below the threshold for felony theft in Colorado, which is $2,000.
The documented value of the items stolen was $2,094.98, the district attorney's office said.
The argument failed to sway the judge, as both men received felony convictions. Green was sentenced to 15 months in prison and Bolden to 90 days in jail with credit for time served as a condition of 18 months probation.
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Isn't everything that Kohl's sells always on sale?
They also took designer shoes and clothing.
From Kohl's?
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It seems like a reasonable argument If there’s a dollar figure that makes it a felony or not, then you should calculate the out-the-door price, excluding taxes.
@jon-nyc said in Lawyer argues: The stuff they stole was ON SALE:
It seems like a reasonable argument If there’s a dollar figure that makes it a felony or not, then you should calculate the out-the-door price, excluding taxes.
Why out the door and not in the door? Wholesale actually represents the loss to Kohl’s, plus a small amount for freight and such…
Or what about “street” price? It doesn’t apply to Kohl’s and these items, but some of the limited edition sneakers and such wind up selling over retail after the lot has sold out at stores
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According to The Denver Gazette, the men cited discounts on the sticker prices, and Kohl's coupons they had, to bring the items down below the threshold for felony theft in Colorado, which is $2,000.
The documented value of the items stolen was $2,094.98, the district attorney's office said.
With Kohl’s Cash the actual value was likely somewhere around $60.
