this post was submitted on 13 Dec 2023
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PARKER, Colo. — Two men convicted of felony theft for stealing more than $2,000 worth of merchandise from a Parker Kohl’s store argued in court for a lesser charge because the items were on sale and they had coupons, according to the 18th Judicial District.

Michael Green, 50, and Byron Bolden, 37, were formally sentenced this month after being convicted of retail theft at the Kohl’s store this year, according to a Tuesday news release from the judicial district.

The two men were dubbed “KitchenAid Mixer Crew” because of the high-end KitchenAid appliances — in addition to brand name shoes and clothing — that were stolen in the case.

At trial, defense attorneys suggested to a jury that their clients should only face a lesser misdemeanor charge because some of the items they stole were being offered “on sale.”

In Colorado, theft under $2,000 is a misdemeanor offense. But the documented value of the items stolen was $2,094.98, making it a felony.

The two men were asking the jury to take into account Kohl’s coupons and discounts which would bring the theft case down to a misdemeanor. However, prosecutors argued that sales and discounts are for paying customers.

“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,” District Attorney John Kellner said in the news release. “Retailers in our community are fed up with theft and my office will actively prosecute these offenders.”

Green was sentenced to 15 months in prison. Bolden was sentenced to 90 days in jail with credit for time served as a condition of 18 months of probation.

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[–] phx 32 points 1 year ago (2 children)

Honestly, not the worst argument to make regarding the sale price, but the "we had coupons" bit is a bit much as those are only valid for actually buying shit.

[–] [email protected] 7 points 1 year ago

Yeah if it's already marked down in the system then it's all good.

[–] [email protected] 6 points 1 year ago

It would depend on how value is calculated, but if you can walk in and buy it for a certain price, most people would consider that to be the value of the item.