Five years in prison for a dollar's worth of soda. Guess where?

[KamaAina]

http://news.yahoo.com/blogs/abc-blogs/florida-man-charged-felony-allegedly-stealing-1-cup-002830215--abc-news-topstories.html

A Florida man was arrested and held on $6,500 bond after police in Collier County said he left a McDonald's without paying for a cup of soda valued at $1.

Mark Abaire, 52, had apparently asked staff at the Naples restaurant for a courtesy cup of water, but instead he allegedly filled the cup with soda from the soda fountain and sat outside of the restaurant, according to a story in the Naples Daily News which cited the police report...

He was charged with petty theft, trespassing and disorderly intoxication after the Thursday arrest, and sent to Collier County jail. Petty theft is usually a misdemeanor, but because Abaire has previous convictions for theft, the charge was upgraded to a felony. The trespassing and disorderly intoxication charges are misdemeanors.

Abaire could face five years in prison if he is convicted of the felony.

That's about a month per sip!

[Gold Metal Flake]

1. "Don't do the crime if you can't do the time" - Internet Tough Guy

[obamanut2012]

2. He apparently has quite a rap sheet for theft

And was apparently abusive to staff, and also refused to leave when told to.

If the truth of the matter was what the headline reads, I would be appalled, but it seems like it's a bit more than that.

[Th1onein]

9. You've got to be kidding me!

That's one of the stupidest statements I've ever read. So WHAT if he was rude to the staff and had a history of theft? So WHAT? What happened to the concept of the punishment fitting the crime? As for his history of theft, do you really consider getting a cola instead of water, with a courtesy cup, such a danger to the community? What a crock of bullshit. The prosecutors threw the book at this guy because they COULD. This is not justice, or anything resembling justice, and we should all be pissed off, if at nothing else, that our tax money is being spent on shit like this.

"And was apparently abusive to staff, and also refused to leave when told to.

If the truth of the matter was what the headline reads, I would be appalled, but it seems like it's a bit more than that.

[Snake Alchemist]

13. So we get to commit theft against him?

[Th1onein]

15. That would be a bit idiotic, since he HAS nothing, don't you think?

Come on! Do you REALLY think that five years imprisonment fits the crime? Is that REALLY justice, in your book? Get real.

[Snake Alchemist]

17. You said the punishment should fit the crime. What punishment would you like to see? nt

[Th1onein]

18. How about taking the fucking soft drink away from him?

Instead of spending hundreds of OUR tax dollars on putting him in prison.

[onenote]

21. Since he's not actually going to go to prison under Florida law,

you can relax.

[Snake Alchemist]

35. That isn't really a punishment. Wouldn't it be more like take a soda from his fridge?

And what about the drunk and disorderly. Does he have to get us drunk now?

[Th1onein]

37. I really don't have anymore time to waste on this silly crap

I don't think you actually want to talk about the issues. I'm not going to waste my time anymore.

[Snake Alchemist]

38. You were the one who thought the punishment should fit the crime. Didn't really think that through

did you?

[Th1onein]

46. Thought it through just fine

Simply because you don't agree with me doesn't mean that I'm wrong.

[rustydog]

41. Devil's advocate here: Then why not just take away the jewelry the thief just "lifted"?

The punishment seems severe...The person has a history of theft...that is taken into consideration when one prosecutes.

I still remember one guy we caught breaking into my partner's vehicle one night. In court a month later, the defense attorney pleaded that his client was trying to cleanup his life.."Why, he's only been arrested three times this year your Honor." This was in May...

[hack89]

43. And if he resists?

what then? I don't know what the perfect solution would be but the one thing I would not do is physically confront the guy.

[SammyWinstonJack]

16. Gotta keep those private for profit prisons filled, ya know?

[Go Vols]

31. +1

[Justice wanted]

33. Absolutely +100000

[Javaman]

3. Good thing it wasn't a loaf of bread! nt

[Ezlivin]

4. Yet they let the Hamburglar run free

[Luce Nox]

25. Talk about sending mixed messages =) nt

[onehandle]

5. Florida is becoming something between a middle-ages theocracy and the old west.

Pro-Gun Nut laws and racists are ruining the state.

Why don't they all move to Iran and get the full experience?

[Meiko]

8. Did you read the article?

Just askin'.........

[libodem]

6. Too bad his dad is not a judge

Every incident could have been exsponged to show a clean record.
Wonder if the bail will be a million $ or if he can run around free for a couple of months?

[Dawson Leery]

7. The old south still exists.

[onenote]

10. Misleading -- the article does not accurately reflect Florida sentencing law

Last edited Thu Apr 26, 2012, 08:32 AM - Edit history (3)

The article states that Abaire "could face five years in prison" if he is convicted of the felony. That's very misleading. While it is true that the maximum penalty that can be imposed for a third-degree felony in Florida is five years, Florida has a fairly convoluted sentencing structure in which points are assigned to each felony (past or current) that an individual commits in order to determine the recommended sentence. If your point total is below 44, the judge doesn't have to sentence you to any time at all (and that is usually what happens). Once the point total gets to 44, a formula determines what your sentence can be: the minimum (one year), the maximum (five years), or something in between. This guy's felony -- petit theft, is a level one offense worth four points. While he has a long rap sheet, most of the offenses are misdemenors and the felonies appear to be low level offenses. While I haven't bothered to calculate the point total, it seems quite likely, if not certain, that its below 44 and that this guy, if convicted, could be released without serving any time (although he might get a month or two) and in no case will he be subject to five years in prison.

But it made for a nice bit of Florida bashing by the OP and others misled by the article.

[KamaAina]

11. I guess ABC News didn't know that, either

And I take pains to ensure that my Florida-bashing does not shade over into Floridian-bashing. Most of you down there (especially the DUers!) aren't responsible for the messed-up criminal justice system any more than they are for "stand your ground". Would a post attacking "stand your ground": be considered "Florida-bashing"? 'Cause there are an awful lot of them these days.

[onenote]

12. That was my point

That you were led astray by a misleading article. And, in answer to your question, bashing a bad law, such as SYG, would not be Florida bashing; however, bashing Florida for its sentencing structure, which actually is a lot less messed up than some others, is off base imo.

[4th law of robotics]

14. Aww but that's no fun

it makes a much better headline to imply that all this guy has ever done was steal 1 dollar worth of soda and now will go away for 5 years.

All that other stuff confuses the issue and might lead to people not clicking on the link.

[Kaleva]

20. While not as fun as the others, I thank you for the very informative post.

[cynatnite]

24. Thanks. n/t

[stranger81]

19. Dude should have just shot someone instead.

Then he could have walked.

Keep it klassy, Florida.

[NYC Liberal]

22. Funny how you left out the part where he was given the chance to pay the $1 and he refused.

Abaire allegedly refused to pay for the soda when he was asked to do so, refused to leave the restaurant and cursed at the manager, the Naples Daily News also reported.

[ornotna]

26. What!

And ruin a good chance to bash Florida. Yer kidding right.

[KamaAina]

27. zOMFG! He cursed at the manager?!

To hell with prison! Fire up Ol' Sparky!!

Srsly, there simply isn't enough room to imprison everyone who curses at a fast-food employee.

[NYC Liberal]

30. I said nothing about him cursing. I said he was given the opportunity to pay and he refused.

No comment on that, huh?

[Johnny Rico]

23. He has a rap sheet a mile long. I'll find someone else to feel sorry for.

[Sen. Walter Sobchak]

28. It sounds more like he was arrested for trespassing and disorderly intoxication

But why screw up a more sympathetic narrative...

[KamaAina]

29. Fair enough. Five years in prison for trespassing and disorderly intoxication??

My reply is still,

[onenote]

34. and my reply is why are you still pretending that this guy will get five years

when its been shown that under Florida sentencing guidelines, a judge is free to let him off without serving any time. There is not a chance in hell he's getting five years. Its highly unlikely he'd even get one year. At most he may get a month or two because his repeat offender status. And its more likely than not he won't get any time.

[KamaAina]

40. "There is not a chance in hell he's getting five years."

You have a point. Here's our man:



But what if he looked like this?



The judge would have the power to "throw the book" at him (also known as "selective enforcement&quot .

[onenote]

42. So you prefer mandatory sentences with no judicial discretion?

[KamaAina]

44. No. I believe in the punishment fitting the crime.

That is all.

[onenote]

45. So do I. But how do you propose to achieve it, since you don't think the Florida approach is good.

Let's assume for the moment that you don't think that it should be legal for someone to steal a bottle of soda even if its worth a dollar. And let's assume the first time, or even the first few times, that someone does get caught stealing a bottle of soda, the appropriate punishment that fits the crime is probation or community service or something short of prison time. What if they continue to commit petty thefts. Is there a point at which the punishment should increase? If so, how should that punishment be set. By giving the judge discretion to decide what is appropriate under the circumstances of the particular case or a mandatory sentence?

Under Florida law, the sentence for stealing a bottle of soda is left to the judge's discretion (not to exceed a maximum). At some point, a multiple offender becomes subject to a minimum sentence as well as a maximum sentence, but the minimum sentence itself is the product of a formula that takes into account the nature of the offense and the offenders' past record.

You seem to be dissatisfied with this approach, so I'm curious what approach you think would be better.

[onethatcares]

32. four years

as governor after stealing billions in Medicare funds.

Yep, this state has some fucked up priorities.

Let's not forget the stealing billions from our education system, that should be worth some time.

[sorefeet]

36. How about

just sticking a water fountain outside somewhere.

[NCTraveler]

39. I Think There Should Be A ? After The Word Soda In The Headline.

As it stands now it is highly inaccurate.