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Felony Charge for Man Stealing 1 Dollar McD's Soda


Dan T.

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by Suzan Clarke, ABC News

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 of the Thursday incident.

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.

Abaire, whose aliases include "Red" and "Clown," has a long list of prior arrests, according to records from the Collier County Sheriff's Department.

ht-Mark-Abaire-nt-120423-main-jpg_001430.jpg

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.

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

After reading the details, I'm fine with the charge...

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In California, the three strikes law could send a guy like that to the pen for life, with no discretion allowed to the judge. :doh:

Which demonstrates why the United States incarcerates a higher percentage of our populaltionn than any other country on earth includinig Russia or Red China. about 5 times the percentage of Turkey for example...

http://en.wikipedia.org/wiki/List_of_countries_by_incarceration_rate

Stupid idiotic restaurants who for the pennies it cost to fill a small cup inisist on a man being arrested... Truth be told not for stealing anything but for acting like an ass which isn't a crime.

Stupid idiotic police which enforse these laws when they could demonstrate an ounce of their own discressiion could solve the entiire issue with a talk or a short ride.

Stupid idiotic judges who confuse/equate draconian punishment and laws with justice.

Stupid idiotic lawmakers who pass these draconian open ended absurd punishments.

Stupid idiotic pubblic who say things like "I have no problem" witth sentencing a man to five years in prison even life over $.02 worth of soda.

This is one of those zero tollerance laws which are so popular witth morons we like to call our electorate.. In reality this is a graphic demonstration why our foundinig fathers didn't create a democracy, but a constitutional republic. Democracies after all killed Sacrates, only the American electorate doesn't even understand that much about the history of their country...

I mean hell if it conflicts with the six second sound bite understanding of facts it cant possible have merit.

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Which demonstrates why the United States incarcerates a higher percentage of our populaltionn than any other country on earth includinig Russia or Red China. about 5 times the percentage of Turkey for example...

http://en.wikipedia.org/wiki/List_of_countries_by_incarceration_rate

Stupid idiotic restaurants who for the pennies it cost to fill a small cup inisist on a man being arrested... Truth be told not for stealing anything but for acting like an ass which isn't a crime.

Stupid idiotic police which enforse these laws when they could demonstrate an ounce of their own discressiion could solve the entiire issue with a talk or a short ride.

Stupid idiotic judges who confuse/equate draconian punishment and laws with justice.

Stupid idiotic lawmakers who pass these draconian open ended absurd punishments.

Stupid idiotic pubblic who say things like "I have no problem" witth sentencing a man to five years in prison even life over $.02 worth of soda.

This is one of those zero tollerance laws which are so popular witth morons we like to call our electorate.. In reality this is a graphic demonstration why our foundinig fathers didn't create a democracy, but a constitutional republic. Democracies after all killed Sacrates, only the American electorate doesn't even understand that much about the history of their country...

I mean hell if it conflicts with the six second sound bite understanding of facts it cant possible have merit.

You're right.

People who've been caught, convicted, and punished, for theft, dozens of times, and who keep doing it, openly, and who pitch an attitude when they get caught, should be treated with a nudge and a wink, and given permission to do it whenever they want.

Heck, as somebody else pointed out, the people he stole from should just budget for it.

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In California, the three strikes law could send a guy like that to the pen for life, with no discretion allowed to the judge. :doh:

There was one guy we had to constantly read about in our classes that got life for stealing a 150 dollar golf club.

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After committing two prior felonies, getting caught for them, getting convicted, and getting out?

Yep. It's still a crappy, unfair law, and extraordinarily expensive. Why is why the prison guards union put it on the ballot in the first place.

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Yep. It's still a crappy, unfair law, and extraordinarily expensive. Why is why the prison guards union put it on the ballot in the first place.

"Crappy", I could probably agree with.

"Expensive", I have no doubt of.

"Unfair", I got a problem with.

You show me a person who has done time for two previous felonies, and he goes out and commits another, and I assert that we have someone who will not respond to anything less.

Yeah, I'd really like it if people who got out of prison would try to stay out.

But some of them don't.

And I don''t feel sorry for them a bit.

----------

Now, I believe that in previous threads, you've told me that there are people who get hit with "three strikes" sentancing, who haven't served previous time. That people get caught, charged with three crimes on the spot, and are instantly go from "free man" to "and you're out".

Yeah, I've got a problem with that.

Heck, I've got a problem with most of what I refer to as "zero judgment laws".

But not for repeat offenders who openly continue to offend, and have the nerve to pitch an attitude when they get caught.

Those people? Bye-bye.

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Stupid idiotic restaurants who for the pennies it cost to fill a small cup inisist on a man being arrested... Truth be told not for stealing anything but for acting like an ass which isn't a crime.

Stupid idiotic police which enforse these laws when they could demonstrate an ounce of their own discressiion could solve the entiire issue with a talk or a short ride.

Stupid idiotic pubblic who say things like "I have no problem" witth sentencing a man to five years in prison even life over $.02 worth of soda.

This is one of those zero tollerance laws which are so popular witth morons we like to call our electorate..

From what I could gather from the article, he took soda without paying. Strike 1. Then, hanging out outside the restaurant, the man was asked to pay by the restaurant manager. He refused. Strike 2. Then he was asked to leave by the restaurant manager. He refused. Strike 3. He loudly cursed out the restaurant manager in the process. Strike 4. And he was drunk. Strike 5.

Seriously, **** this guy. He had plenty of chances to extricate himself from the mess he stepped into. But he was too much of an ass to do so. He wouldn't pay up when asked to, refused to leave the place, and was a dick about it. So excuse me for not getting misty-eyed because the cops got called.

I am sick of people who don't think society's norms and rules apply to them. **** him. I don't know the ins and outs of Florida's 3 strikes law, but apparently it sucks for him. I hope he can afford a good lawyer, but I'm guessing that's not the case.

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Now, a possible other topic for discussion:

Does this guy have "something wrong with him"? Some defect that causes him to act this way?

Should we maybe feel sorry for him, because of his handicap?

(Me, I'm have to admit that I'd have a problem if "***hole" were to become a recognized mental disorder, subject to anti-discrimination laws, and similar things. But then I reflect on my brother, who has been an alcoholic, drug abuser, and ****hole, since he was like 16. And he's not stupid. So I figure that he at least inherited a tendency to be an alcoholic and an ****hole.)

---------- Post added April-24th-2012 at 08:34 PM ----------

I have no other info, but when I read the OP just now, what first went through my mind (influenced by professional experience) was that this guy might have wanted to be incarcerated (" back inside") again.

Well, he pretty much demanded it, didn't he?

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Sounds like he's facing a felony charge for being a first class idiot.

+1

I read the thread title and was like...damn i've done that so many times. Then I read this

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.

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I have no other info, but when I read the OP just now, what first went through my mind (influenced by professional experience) was that this guy might have wanted to be incarcerated (" back inside") again.

Maybe he didn't really want to, maybe he just didn't care obviously either way. Hey they catch me so what, hey they don't and I got away with it again. There is a reason he didn't run or try and get away. He just sat there. You point does have merit.

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