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(KOAT Albuquerque)   Woman facing trial on charges she stole $2 pumpkin says DA is out of his gourd   (koat.com) divider line 133
    More: Stupid, funnel cakes, gourds, jury trials, Annette Atencio  
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6593 clicks; posted to Main » on 19 Feb 2012 at 1:26 PM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-02-19 01:28:50 PM  
I am sure she is going to get squashed at trial. . .
 
2012-02-19 01:32:00 PM  
Old and abused: Cops planting drugs on unsuspecting people

New hotness: Cops planting pumpkins on unsuspecting people.
 
2012-02-19 01:37:40 PM  
I'm going to go out on a limb here and speculate that Lauren Medina was not a white woman, therefore the arrest and trial. Just sayin.
 
2012-02-19 01:39:57 PM  
It would be truly amusing if everyone hammered the McCall's Pumpkin Patch with complaints that they would prosecute such a retarded and OBVIOUS mistake.

Seriously... $75 worth of purchased goods and shes prosecuted for the $2 pumpkin?? Come on....
 
2012-02-19 01:40:05 PM  
"Oh my god I'm so sorry, can I pay for them?"

If I'm the retailer, the answer is "Yes, now kindly don't come back."

WTF is THIS shiat?
 
2012-02-19 01:41:34 PM  
She picked up the pumpkin as she was leaving the property but her sister claims that she forgot to pay for it. Bullshiat, biatch was stealing and the only reason this is going to trial is because she refused to admit her guilt and accept a small fine and possibly some probation. It's not like the legal system is going to just throw out the charge when the person doesn't want to take the easy way out.
 
2012-02-19 01:42:17 PM  
What in the Samhain is going on there? The court has to be rotten to let he whither on the vine like that... And something about pie...
 
2012-02-19 01:42:26 PM  

mikdeetx: Old and abused: Cops planting drugs on unsuspecting people

New hotness: Cops planting pumpkins on unsuspecting people.


We had to shoot! He had a pumpkin! And where there's pumpkins, there's carving knives! Therefore, he was going to stab us.
 
2012-02-19 01:44:14 PM  
Isn't it up to the vendor to decide whether to press charges or not? Why do the cops have a say in it?

Also, there's something not quite right about their excuse:

Atencio said the charges stem from October 2011, when her sister went to McCall's Pumpkin Patch in Moriarty and forgot to pay for a small pumpkin.

But, when Medina was leaving the property, Atencio said her sister picked up a small pumpkin and police approached her.


So what was it, she "forgot" to pay for it, or she picked it up as she was leaving?

I'm not sure I'd press charges as the vendor, but I can't say I blame him/her. Running a store has got to be frustrating with all the people who think they're entitled to take your stuff.
 
2012-02-19 01:44:51 PM  
She stole a pumpkin and needs to go to jail. Cops should have used a taser on her just in case. Warming shot to the leg would have also been acceptable. God know there is enough people running around the city with a stolen pumpkin in hand.
 
2012-02-19 01:46:25 PM  
So how much of taxpayers' money is going to be spent on this $2 case?
 
2012-02-19 01:47:02 PM  
Don't do the crime if you can't do the time.
 
2012-02-19 01:47:25 PM  
2.bp.blogspot.com
 
2012-02-19 01:47:50 PM  

krafty420: So how much of taxpayers' money is going to be spent on this $2 case?


As much as is needed to make sure you remain free and safe, citizen!

BTW, Don't forget to vote for this DA who is obviously TOUGH ON CRIME.
 
2012-02-19 01:48:13 PM  
Well, at least it's in proportion to the people who get ten consecutive life terms each for effectively stealing billions and billions of dollars in the housing scandal.
Remember those trails...those were something, eh?
 
2012-02-19 01:48:14 PM  
Well, this seems like a wholly reasonable use of public funds.
 
2012-02-19 01:49:18 PM  

leitmotive: Well, this seems like a wholly reasonable use of public funds.


You expect otherwise?
 
2012-02-19 01:50:25 PM  
What pumpkin? There's never been a pumpkin here.

/oblig
 
2012-02-19 01:50:35 PM  
How much does it cost to process and prosecute a case over a non-violent $2 offense? How many thousands? Why not just send her a fine for $500 or so through the mail? And if she won't pay in 60 days or so, put a mark on her credit score that'll be way worse and everyone gets on with their lives.
 
2012-02-19 01:51:07 PM  

leitmotive: Well, this seems like a wholly reasonable use of public funds.


Where in the law does it say that all shop lifters are to be prosecuted unless it's deemed to be a waste of money?

How much theft is allowed before you're willing to charge the perp? Is everyone allowed to steal $2 worth of stuff now?
 
2012-02-19 01:52:18 PM  
Wanted for questioning:

rockinandblogin.com
 
2012-02-19 01:52:49 PM  

TheExcalibur: It would be truly amusing if everyone hammered the McCall's Pumpkin Patch with complaints that they would prosecute such a retarded and OBVIOUS mistake.

Seriously... $75 worth of purchased goods and shes prosecuted for the $2 pumpkin?? Come on....


A good friend manages a couple of low-price-point young-womens' clothing and accessories stores in my area. It's not uncommon at all for a high school or college kid to buy a few items, and steal a few more. And yes, when approached, they always say it was a complete mistake that they forgot they stashed those earrings in their purse, can they please just pay for them and leave.

Maybe this girl made a mistake and they're overreacting, or maybe she didn't and the owners are tired of putting up with kids just walking away with shiat they didn't buy & decided to make an example of the next one they caught. Just sayin.
 
2012-02-19 01:53:42 PM  

"Atencio said that Medina was given the option to plead guilty and do probation, and when she refused, the case will now head to a jury trial.


"(Medina) is a college student, and she's never been in trouble and never been arrested," Atencio said."


So they gave her the option to plead guilty and have a worse criminal record than she already has because she's already been arrested and charged over a $2 item? I'd think I would say no too and chance a jury trial. But even still she is farked because even if she beats the case she still has a record and that's not good even for a college grad. Unless the guilty plea involved the option of also having her records sealed from employer inquiry after she completes the probation.

 
2012-02-19 01:54:18 PM  
The place is called McCall's Pumpkin Patch - they sell pumpkins. Idiot sister thought she could just whip a pumpkin on the way out without paying. She's a thief and (OMFG!) she's getting prosecuted as one.

She pleaded not guilty (even though her own sister happily admits to the newspapers she is) and forced a jury trail, betting that jurors will go "WTF is this shiat?" and toss the case. It's the thief that's wasting taxpayers money this time, not the cops and not the business, and I hope the jury pool is chock full of small business owners.
 
2012-02-19 01:55:36 PM  
Um...

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
-7th Amendment

/2 < 20
 
2012-02-19 02:01:06 PM  

fredklein: Um...

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
-7th Amendment

/2 < 20


Does this mean that you can't be charged if the value is under $20? No, it means that due process is necessary if the value is over $20.
 
2012-02-19 02:01:45 PM  
...a court employee said that just like every other case, the pumpkin theft case has to go through the court process.

Was the court employee by any chance the janitor? Now I'm no lawyer, but I believe the prosecutor could drop the charges at any time. I mean, it's a farking $2 pumpkin - how does a jury trial serve the public interest in any way? The biatch offered to make restitution - that's exactly when it should have stopped.
 
2012-02-19 02:07:38 PM  

Terrified Asexual Forcemeat: fredklein: Um...

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
-7th Amendment

/2 < 20

Does this mean that you can't be charged if the value is under $20? No, it means that due process is necessary if the value is over $20.


Well spotted, also, which state precisely follows the Common Law when it comes to crime?

/Internet law degrees...
//everyone's got one.
 
2012-02-19 02:07:50 PM  

trippdogg: I mean, it's a farking $2 pumpkin - how does a jury trial serve the public interest in any way?


Because it's the only option left to the law if she's to be prosecuted for the theft. It may surprise you but there's a whole big chunk of people out there that are more concerned with right and wrong than cost and benefit.
 
2012-02-19 02:08:08 PM  

trippdogg: Was the court employee by any chance the janitor? Now I'm no lawyer, but I believe the prosecutor could drop the charges at any time. I mean, it's a farking $2 pumpkin - how does a jury trial serve the public interest in any way? The biatch offered to make restitution - that's exactly when it should have stopped.


Great idea, lets allow people to commit crimes and then pay for the item when caught in order to avoid charges. How about we also change the laws so that stealing any item with a value of 2 bucks or less is OK. Would that work for you?
 
2012-02-19 02:10:19 PM  
The War On Mexicans continues...
 
2012-02-19 02:11:32 PM  
2.bp.blogspot.com

Also knows someone who's out of his gourd.

/hot like a groundhog that crashed into a quarry
 
2012-02-19 02:12:02 PM  
Annette Atencio said she can't believe her 23-year-old sister, Lauren Medina, will actually have to go to trial over a pumpkin.

You can't believe it? Well let's see.

Did you break the law? √
Were you busted? √
Did you refuse to plead guilty? √

Wow, I too am shocked that someone who broke the law is being held accountable.

trippdogg: Was the court employee by any chance the janitor? Now I'm no lawyer, but I believe the prosecutor could drop the charges at any time. I mean, it's a farking $2 pumpkin - how does a jury trial serve the public interest in any way? The biatch offered to make restitution - that's exactly when it should have stopped.


Why would the prosecutor drop the charges? Sounds like a conviction is a sure thing. Hell the lady even admitted it.

Are you suggesting we should let criminals get away if their crime isn't big enough? That sounds like an awesome precedent. Why, I could start walking into stores and stealing $1 candy bars. Most days I'd get away with it but if I ever get caught, I can expect to have the charges dropped. Woohoo!

Or wait, like you said I could offer restitution. I could steal candy bars all the farking time and if I ever get caught, meh, worst case scenario I'll pay em $1 for it. I love the way you think.
 
2012-02-19 02:12:43 PM  
how do you pick up a pumpkin as you are leaving and forget to pay for it?
how often have you picked up an item in a store after you had purchased things and forgot to go back and pay for it?
has this ever actually happened in the history of universe?
 
2012-02-19 02:15:08 PM  
I have worked in loss prevention for 17 years. Prosecutors can and do drop cases like this all the time because they are a waste of time and taxpayer's money. This leads me to believe that this particular prosecutor is either beyond stupid, or something else happened during this incident that the article failed to mention...
 
2012-02-19 02:15:15 PM  

relcec: how do you pick up a pumpkin as you are leaving and forget to pay for it?
how often have you picked up an item in a store after you had purchased things and forgot to go back and pay for it?
has this ever actually happened in the history of universe?


I've seen pumkins and wood (for the fireplace) sitting outside the store and I've always wondered what keeps people from just taking it.
 
2012-02-19 02:16:12 PM  

Trance750: I've seen pumkins and wood (for the fireplace) sitting outside the store and I've always wondered what keeps people from just taking it.


Ethics.
 
2012-02-19 02:16:35 PM  

Sentient: Maybe this girl made a mistake and they're overreacting, or maybe she didn't and the owners are tired of putting up with kids just walking away with shiat they didn't buy & decided to make an example of the next one they caught. Just sayin.


Also keep in mind, the only perspective we get the entire article is just a narrative from her friend. Look at this snipped - every single paragraph is a single sentence and every single sentence/paragraph includes the phrase "Atencio said."

Talk about one sided shiatty journalism coupled with piss poor writing.

Annette Atencio said she can't believe her 23-year-old sister, Lauren Medina, will actually have to go to trial over a pumpkin.

"I'm in disbelief -- the more I talk about it, the angrier I get," Atencio said.

Atencio said the charges stem from October 2011, when her sister went to McCall's Pumpkin Patch in Moriarty and forgot to pay for a small pumpkin.

Medina spent $75 that day on funnel cakes and other food, and then, Atencio said; her sister went on some hay rides in the back.

But, when Medina was leaving the property, Atencio said her sister picked up a small pumpkin and police approached her.

"(Medina) said, 'Oh my god, I'm so sorry. Can I pay for them?' (They said), 'Nope,' and she was handcuffed immediately -- end of story, no ifs or buts," Atencio said.

Medina was given an order to appear, and when she did, Atencio said her sister thought the charges would be dropped -- but that didn't happen.

Atencio said that Medina was given the option to plead guilty and do probation, and when she refused, the case will now head to a jury trial.

"(Medina) is a college student, and she's never been in trouble and never been arrested," Atencio said.
 
2012-02-19 02:17:57 PM  

Natas Nwaps: I have worked in loss prevention for 17 years. Prosecutors can and do drop cases like this all the time because they are a waste of time and taxpayer's money. This leads me to believe that this particular prosecutor is either beyond stupid, or something else happened during this incident that the article failed to mention...


I am all for justice, but isn't going to trial over a $2 item counter-productive? I mean when you have to go through the process of assembling a legal team, and whatnot.

You're going to spend thousands to convict somebody of stealing a $2 pumkin.

Really?

Just toss her ass out of the store and ban her
 
2012-02-19 02:18:09 PM  

trippdogg: ...a court employee said that just like every other case, the pumpkin theft case has to go through the court process.

Was the court employee by any chance the janitor? Now I'm no lawyer, but I believe the prosecutor could drop the charges at any time. I mean, it's a farking $2 pumpkin - how does a jury trial serve the public interest in any way? The biatch offered to make restitution - that's exactly when it should have stopped.


More like where it should have started. If a lawyer had said it to the prosecutor, they'd call it "plea bargaining".

// I'd be OK if they let her go, it being her 1st offense and all
// maybe make her work an hour or two at the farm, free of pay
 
2012-02-19 02:19:48 PM  

Trance750: I am all for justice, but isn't going to trial over a $2 item counter-productive? I mean when you have to go through the process of assembling a legal team, and whatnot.


Assembling a legal team? What the hell are you talking about? And the prosecutor draws a salary either way.

Trance750: You're going to spend thousands to convict somebody of stealing


Yes.
 
2012-02-19 02:20:53 PM  

Subliterati: trippdogg: I mean, it's a farking $2 pumpkin - how does a jury trial serve the public interest in any way?

Because it's the only option left to the law if she's to be prosecuted for the theft. It may surprise you but there's a whole big chunk of people out there that are more concerned with right and wrong than cost and benefit.


And these people who believe in right and wrong should be scolding the business owner and the police officers. This is an example of the letter overriding the spirit of the law. It is as irrational as it is foolish.
 
2012-02-19 02:21:27 PM  

trippdogg: ...a court employee said that just like every other case, the pumpkin theft case has to go through the court process.

Was the court employee by any chance the janitor? Now I'm no lawyer, but I believe the prosecutor could drop the charges at any time. I mean, it's a farking $2 pumpkin - how does a jury trial serve the public interest in any way? The biatch offered to make restitution - that's exactly when it should have stopped.


you don't get to say, *oh you caught me. here's your shiat back, let's just pretend I didn't actually steal anything.* maybe the proprietor is tired of having her merchandise disappear constantly. they offered her probation in lieu of a trial, that's when it could have ended. it should have ended with her paying for what she wanted. now it will end with a trial.
 
2012-02-19 02:21:56 PM  

Natas Nwaps: I have worked in loss prevention for 17 years. Prosecutors can and do drop cases like this all the time because they are a waste of time and taxpayer's money.


When there's reason to suspect it's an honest mistake, I'm sure they do drop charges. When somebody has already left the store, grabs something on the outside and continues on their way, no farking way they drop the charges.
 
2012-02-19 02:22:08 PM  

BurnShrike: Trance750: I've seen pumkins and wood (for the fireplace) sitting outside the store and I've always wondered what keeps people from just taking it.

Ethics.


Whichs begs a question: Do people obey the law out of respect, or out of fear of getting caught?
 
2012-02-19 02:22:49 PM  

Trance750: relcec: how do you pick up a pumpkin as you are leaving and forget to pay for it?
how often have you picked up an item in a store after you had purchased things and forgot to go back and pay for it?
has this ever actually happened in the history of universe?

I've seen pumkins and wood (for the fireplace) sitting outside the store and I've always wondered what keeps people from just taking it.


and 12 packs of coke. and ice.
 
2012-02-19 02:23:33 PM  

Trance750: relcec: how do you pick up a pumpkin as you are leaving and forget to pay for it?
how often have you picked up an item in a store after you had purchased things and forgot to go back and pay for it?
has this ever actually happened in the history of universe?

I've seen pumkins and wood (for the fireplace) sitting outside the store and I've always wondered what keeps people from just taking it.


Same occurs with bags of salt, and windshield washer fluid, and bags of ice and so on. I mean, these aren't necessary items, people survive without windshield washer fluid. And it's like $2. So you're going to steal a $2 unnecessary item? I mean, the morals required holding you back there are pretty minimal.

And twice in my life (so not very often) I've noticed an item in my cart (once on the bottom) as I was walking out the door the cashier didn't get, so I walked back and paid for it. I mean, I get stealing if you need to to survive. But I don't need to so I don't.
 
2012-02-19 02:23:39 PM  
and mannequins.
 
2012-02-19 02:24:35 PM  
www.theepochtimes.com
 
2012-02-19 02:25:40 PM  

Trance750: BurnShrike: Trance750: I've seen pumkins and wood (for the fireplace) sitting outside the store and I've always wondered what keeps people from just taking it.

Ethics.

Whichs begs a question: Do people obey the law out of respect, or out of fear of getting caught?


Respect.

The way it works, you tell the cashier inside the store and they ring you up. Then you wander outside the store, pull your car close and just load it up. There is no mechanism to verify you actually paid inside. The firewood at the Jewel near me is located in a spot that no one working inside could ever see. For context, I don't live in a shiatty neighborhood, it's actually pretty decent.
 
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