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(WPTV)   Not News: Guy arrested at McDonald's. News: He was charged with a felony and faces five years in prison. Fark: He was arrested because he asked for a cup of water, but put soda in it instead   (wptv.com) divider line 264
    More: Florida, Mcdonald, East Naples, Naples, 14th Street, Collier County, prisons, felony, Mark Abaire  
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14074 clicks; posted to Main » on 23 Apr 2012 at 11:34 AM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-04-23 09:09:28 AM
Yeah, but the guy has several petty theft convictions in the past, thus the felony charge.

AND the manager asked him to pay for the soda. He refused and cursed at him.

AND the manager asked him to leave, he refused.

So there's that.
 
2012-04-23 10:07:14 AM
Grables'Daughter: Yeah, but the guy has several petty theft convictions in the past, thus the felony charge.

AND the manager asked him to pay for the soda. He refused and cursed at him.

AND the manager asked him to leave, he refused.

So there's that.


Felony larceny, though? really? How about disturbing the peace? Shoplifting? Trespassing?

Charging him with a third degree felony is stupid beyond belief. He's facing the same penalty as a child abuser and rapist. That's absurd.
 
2012-04-23 10:33:01 AM
Babwa Wawa: Grables'Daughter: Yeah, but the guy has several petty theft convictions in the past, thus the felony charge.

AND the manager asked him to pay for the soda. He refused and cursed at him.

AND the manager asked him to leave, he refused.

So there's that.

Felony larceny, though? really? How about disturbing the peace? Shoplifting? Trespassing?

Charging him with a third degree felony is stupid beyond belief. He's facing the same penalty as a child abuser and rapist. That's absurd.


In Florida, rape and child molestation are first degree felonies, punishable by up to life in prison.
 
2012-04-23 10:48:02 AM
ArkAngel: In Florida, rape and child molestation are first degree felonies, punishable by up to life in prison.

Rape (attempted assault with intent to ravish female) Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Grand Larceny (over $300) Felony, Up to $5000 Fine &/or Up to 5 Years Pen.


I think we can agree that it's absurd to be facing five years in the poke for stealing a farking soda that cost the victim less than a cent.
 
2012-04-23 11:18:23 AM
Babwa Wawa: ArkAngel: In Florida, rape and child molestation are first degree felonies, punishable by up to life in prison.

Rape (attempted assault with intent to ravish female) Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Grand Larceny (over $300) Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

I think we can agree that it's absurd to be facing five years in the poke for stealing a farking soda that cost the victim less than a cent.


Next time try checking the actual Florida statute books.

Aggravated child molestation is a capital offense (or at least it was until Kennedy v. Louisiana, guess they haven't updated their laws). Aggravated rape (using a weapon) or rape of a child is a life offense (minimum life in prison). Rape of a special victim (old person, handicapped, cop, drugged out, or threatened) is a first degree felony (30 years to life). Standard rape is a second degree felony (15 years).

In addition, if they are deemed a "dangerous sexual felony offender" (violent, causing harm, using weapons, attacked multiple people, on parole/probation), they have a minimum of 25 to life. Plus, in Florida, rapists/molesters aren't subject to "good behavior" sentence reduction.

Sexual assault statutes
Sentencing statutes
 
2012-04-23 11:26:11 AM
ArkAngel: Next time try checking the actual Florida statute books. Aggravated child molestation is a capital offense

Next time try reading my farking post. I wrote child abuser. Not child molester. Sexual molestation is not the only way to abuse a child.
 
2012-04-23 11:33:39 AM
Babwa Wawa: ArkAngel: Next time try checking the actual Florida statute books. Aggravated child molestation is a capital offense

Next time try reading my farking post. I wrote child abuser. Not child molester. Sexual molestation is not the only way to abuse a child.


You also said rapist, the two together made me think molester. The sire you linked to was also incorrect
 
2012-04-23 11:36:13 AM
Were the cops really that bored?
 
2012-04-23 11:36:29 AM
I take it this is a 3-strikes charge?
 
2012-04-23 11:36:36 AM
I for one am glad he stood his ground!
 
2012-04-23 11:36:52 AM
I don't know how they would know. Sprite looks EXACTLY like water.
 
2012-04-23 11:37:24 AM
I think we can agree the cost of locking this guy up is in the state's best interest.
 
2012-04-23 11:38:27 AM
he should counter sue because the clerk failed to recognize his intoxication as a disability. Alcohol fueled frenzy impairs ability to manipulate the water lever at the refill station at McD's.
 
2012-04-23 11:38:43 AM
I'm sitting in my office REALLY freaking out right now!
 
2012-04-23 11:40:09 AM
What a delightful waste of time and money. Following a successful prosecution he will be released, steal another cup of soda, and end up in prison for life. What a wonderful justice system.

How about a rehabilitation program to help find out why he acts this way and help him get back on his feet? Nah, that's too compassionate for Amurika.
 
2012-04-23 11:40:12 AM
Sad. Getting popped for stealing soda and spouting off.
 
2012-04-23 11:40:49 AM
Give him the chair...at Taco Bell! The worst thing they'll do is refuse to take a $2 bill.
 
2012-04-23 11:41:25 AM
Inquisitive Inquisitor: What a delightful waste of time and money. Following a successful prosecution he will be released, steal another cup of soda, and end up in prison for life. What a wonderful justice system.

How about a rehabilitation program to help find out why he acts this way and help him get back on his feet? Nah, that's too compassionate for Amurika.


It would be cheaper just to give him free soda for life.
 
2012-04-23 11:41:27 AM
DmGdDawg: I don't know how they would know. Sprite looks EXACTLY like water.

Yeah, bubbly, fizzy water. But exactly like regular tap water.
 
2012-04-23 11:41:56 AM
Okay, you guys are changing my mind on this.

So it was excessive.

But still, he had past petty theft convictions, was asked to leave and wouldn't cursed at the manager and was given the opportunity to pay for it.

So, without regard to the cost to the restaurant (which is completely irrelevant in my opinion) there should be SOME sort of charge here.
 
2012-04-23 11:42:18 AM
To be fair, I've always thought that the people who do this are incredibly petty. And you know:

During a conversation with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.

He didn't just sneak a sip of lemonade and cops swarmed him. He's an idiot and an asshole. I'm not saying he should go to jail for 5 years, but I'm not too torn up that he got slammed with some charges.
 
2012-04-23 11:42:50 AM
Aside from the swearing and stuff thing, who hasn't done that?

/my friends always said it was like stealing and I should feel guilty.
//never did
 
2012-04-23 11:43:21 AM
DmGdDawg: I don't know how they would know. Sprite looks EXACTLY like water.

If your regular water is fizzing when it comes out of the tap, call the EPA
 
2012-04-23 11:43:30 AM
Babwa Wawa: ArkAngel: In Florida, rape and child molestation are first degree felonies, punishable by up to life in prison.

Rape (attempted assault with intent to ravish female) Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Grand Larceny (over $300) Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

I think we can agree that it's absurd to be facing five years in the poke for stealing a farking soda that cost the victim less than a cent.


You arn't familar with cop/RIIA math. Sure the cost is less than a cent, but the VALUE is $2.50, then there is all the unlimited refills, and that it encourages others to ask for a water cup and fill with soda. This one guy just cost not only this McDonalds, but every fast food company in the country - no - world, up to ONE BRAZILLION DOLLARS!!11!!1!
 
2012-04-23 11:43:30 AM
Sip stealing: not a felony in all 50 states

http://www.youtube.com/watch?v=1rcgypBD34s
 
2012-04-23 11:43:44 AM
Electric_Banana: DmGdDawg: I don't know how they would know. Sprite looks EXACTLY like water.

Yeah, bubbly, fizzy water. But exactly like regular tap water.


It also tastes like shiat.
 
2012-04-23 11:44:22 AM
"While his charge is petty theft, because of previous petty theft convictions, the charge for drinking the unpaid-for soda was increased from a misdemeanor to a felony"

Wow - I'm glad to see that law enforcement has migrated to the role playing game concept of leveling up...LVL-UP - FEL 1

My only hope for this guy is that some sort of animation or screen flash occurred by the coke machine - ya' know something to make it worth while.
 
2012-04-23 11:45:47 AM
When I worked at mcd's years ago, they never would have done anything that drastic.

the managers were dicks, though. if they happened to catch someone trying that trick, they would either call them out on it from behind the counter, or even go out to their take and yank it right from them.

/which is actually fairly amusing to watch.
 
2012-04-23 11:46:15 AM
This isn't Vietnam, there are rules.
 
2012-04-23 11:46:40 AM
This guy can steal a soda every day for the next five years and it will still cost less than it will to convict and incarcerate him for a few months.
 
2012-04-23 11:46:44 AM
dumbass shoulda paid for the soda, But then, maybe he likes prison.
 
2012-04-23 11:47:52 AM
jpschwan: When I worked at mcd's years ago, they never would have done anything that drastic.

the managers were dicks, though. if they happened to catch someone trying that trick, they would either call them out on it from behind the counter, or even go out to their take and yank it right from them.

/which is actually fairly amusing to watch.


or to their table, even...
 
2012-04-23 11:49:00 AM
Submitted First With a Better Headline: To be fair, I've always thought that the people who do this are incredibly petty. And you know:

During a conversation with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.

He didn't just sneak a sip of lemonade and cops swarmed him. He's an idiot and an asshole. I'm not saying he should go to jail for 5 years, but I'm not too torn up that he got slammed with some charges.


And, of course, the "up to" part is important - just because he's convicted, doesn't mean the judge hands him the maximum sentence. More likely, he'll get a slap on the wrist, a suspended sentence, and a warning that, the next time he decides to steal anything, he'll spend that sentence in prison.

For folks who don't like the rather nasty escalation, stop voting in politicians who keep screaming they're "tough on crime," and actually vote in politicians willing to spend money on rehab and other social supports. You're still spending the money - you're just giving it to the owners of privately-run prisons, instead of to folks that actually do some good with it.
 
2012-04-23 11:49:43 AM
Babwa Wawa: ArkAngel: In Florida, rape and child molestation are first degree felonies, punishable by up to life in prison.

Rape (attempted assault with intent to ravish female) Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Grand Larceny (over $300) Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

I think we can agree that it's absurd to be facing five years in the poke for stealing a farking soda that cost the victim less than a cent.


I hate stupid and totally wrong assertions like, "It costs McDonalds less than a cent". You reference an article, which references another one, which prices only the cost of ingredients and labor to make the syrup concentrate at a quantity of 50,000 Cokes, in Ireland.

It mentions nothing about the packaging costs, shipping costs (from farking Ireland), cost for the water and C02 that is also needed to make syrup into a Coke, not the cost of cup, the lid, the straw, or the labor to connect the syrup container to the system that combines the ingredients to make a soft drink.

Your argument is completely and totally wrong. It costs way more than a cent for McDonalds to produce a soft drink, and the fact that you would put forth an argument with so many holes is simply silly.
 
2012-04-23 11:50:02 AM
The Prison-Industrial Complex (tm) welcomes it's newest worker!
 
2012-04-23 11:50:27 AM
Carth: This guy can steal a soda every day for the next five years and it will still cost less than it will to convict and incarcerate him for a few months.

Which would be relevant if the state compensated McDonald's for their losses in sales from people trying this trick.

But they don't, so it's not.
 
2012-04-23 11:51:40 AM
Over a farking dollar! A single dollar! Society has failed when we're locking up people over a drink worth a farking dollar. It's beyond absurd and everyone involved in his arrest should be fired.
 
2012-04-23 11:51:43 AM
Funny... back in 94/95 when Super Kmart opened, they fired a guy for doing that. He never went to jail. My how things have changed.
 
2012-04-23 11:51:47 AM
Well.... it wasn't like they arrested him for the purpose of charging him with felony theft... They actually arrested him for misdemeanor theft, but since he's a repeat offending dickbag the charge was automatically increased due to his previous convictions. In essence, he's not so much facing jail for stealing a soda, he's facing jail for repeatedly thieving. And I'm guessing considering the details they won't be giving him the max sentence.... though since this is Florida you never know.

Plus he was a douche about it too. The manager asked him to make good on it, and then this guy cursed the manager out. When the manager then asked him to leave he refused. I'm having an awful hard time feeling bad for a guy so determined to make his own bed. Even after he got caught with his petty theft he still had every opportunity to not get arrested and instead he chose to be a dick.
 
2012-04-23 11:52:33 AM
Grables'Daughter: Okay, you guys are changing my mind on this.

So it was excessive.

But still, he had past petty theft convictions, was asked to leave and wouldn't cursed at the manager and was given the opportunity to pay for it.

So, without regard to the cost to the restaurant (which is completely irrelevant in my opinion) there should be SOME sort of charge here.


what if he absolutely had not a dime in his pocket? and we're hearing only one side of the story.. sure FTA it seems like he was kinda a jerk but let;s face it people .. have you EVAR not been to a McDonalds? Some of the folks there looks like just a small minor incident away from taking you out back and beating the crap outta you.
Mcdonald's employee are not exactly the kind, mild mannered polite well brought up types. Maybe the manager was giving him attitude first! (i.e hey craker you betta pay up muthafarker kraker@$$ biaatch or I'd bee callin the PO on your muthufarkeen @$$ etc I ain't care if you ain;t got no MFffing coin)

Again not trivializing what he did BUT make sure you check both sides before making assumptions.
 
2012-04-23 11:53:04 AM
They say that the recipe for sprite is lemon and lime, but I tried to make it at home, and there's more to it than that.

www.in-sect.com
 
2012-04-23 11:53:45 AM
Mearen: Over a farking dollar! A single dollar! Society has failed when we're locking up people over a drink worth a farking dollar. It's beyond absurd and everyone involved in his arrest should be fired.

Its been going this way for a while, becoming more and more common to cause issues over a simple dollar. Society has been trending a buck.
 
2012-04-23 11:53:49 AM
So as long as the cost of justice is more than the cost of the crime, continue breaking the law. Got it.
 
2012-04-23 11:54:28 AM
squirrelflavoredyogurt: I hate stupid and totally wrong assertions like, "It costs McDonalds less than a cent". You reference an article, which references another one, which prices only the cost of ingredients and labor to make the syrup concentrate at a quantity of 50,000 Cokes, in Ireland.

It mentions nothing about the packaging costs, shipping costs (from farking Ireland), cost for the water and C02 that is also needed to make syrup into a Coke, not the cost of cup, the lid, the straw, or the labor to connect the syrup container to the system that combines the ingredients to make a soft drink.

Your argument is completely and totally wrong. It costs way more than a cent for McDonalds to produce a soft drink, and the fact that you would put forth an argument with so many holes is simply silly.


Granted. So let's say it costs literally 5 times that. Including amortized cost of the vending devices and tip-out to Coca-Cola for coming in and servicing the vending devices.

Let's say each cup is an additional 2 cents.

They're STILL making a 14x profit on a liberal $0.07 estimated cost,
 
2012-04-23 11:55:15 AM
Grables'Daughter: Okay, you guys are changing my mind on this.

So it was excessive.

But still, he had past petty theft convictions, was asked to leave and wouldn't cursed at the manager and was given the opportunity to pay for it.

So, without regard to the cost to the restaurant (which is completely irrelevant in my opinion) there should be SOME sort of charge here.


Stand strong! You were in the right the first time.
 
2012-04-23 11:55:16 AM
thecpt: Aside from the swearing and stuff thing, who hasn't done that?

/my friends always said it was like stealing and I should feel guilty.
//never did



/raises hand

I've never done it. Hell, I'd wager most people have never done it. It's a freakin' soda, cheapskate. Pay your dollar or bring your own.
 
2012-04-23 11:55:18 AM
For some people, their night is just not complete without a trip to jail. Watch party police for further reference. Sit down and shut up sir, this is your last warning, if you do not sit down im taking you to jail. Fine, put your hands behind your back.

Why you restin me? I ain't did nuthin wrong!
 
2012-04-23 11:56:02 AM
squirrelflavoredyogurt: Babwa Wawa: ArkAngel: In Florida, rape and child molestation are first degree felonies, punishable by up to life in prison.

Rape (attempted assault with intent to ravish female) Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Grand Larceny (over $300) Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

I think we can agree that it's absurd to be facing five years in the poke for stealing a farking soda that cost the victim less than a cent.

I hate stupid and totally wrong assertions like, "It costs McDonalds less than a cent". You reference an article, which references another one, which prices only the cost of ingredients and labor to make the syrup concentrate at a quantity of 50,000 Cokes, in Ireland.

It mentions nothing about the packaging costs, shipping costs (from farking Ireland), cost for the water and C02 that is also needed to make syrup into a Coke, not the cost of cup, the lid, the straw, or the labor to connect the syrup container to the system that combines the ingredients to make a soft drink.

Your argument is completely and totally wrong. It costs way more than a cent for McDonalds to produce a soft drink, and the fact that you would put forth an argument with so many holes is simply silly.


Ronald?
 
2012-04-23 11:56:06 AM
Mearen: Over a farking dollar! A single dollar! Society has failed when we're locking up people over a drink worth a farking dollar. It's beyond absurd and everyone involved in his arrest should be fired.

a1.ec-images.myspacecdn.com

I just call this guy to collect.
 
2012-04-23 11:56:07 AM
Mc D's, and restaurants in general, should be charged for price gouging when it only costs them 11 cents to product that $1.00 32 oz pop. Fark the price of gas, we should be outraged about the mark-ups on pop!
 
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