10 charged this week with stealing from Decatur Walmart following new retail theft legislation

Sep. 28—Retail theft charges were brought against 10 people in Morgan County District Court this week for allegedly stealing from the Walmart Supercenter in Decatur after new state legislation providing harsher penalties for retail theft went into effect Sept. 1.

"Retail thieves feared no jail time or even arrest" before this legislation, said Alabama Retail Association President Rick Brown. "The sheer volume of goods walking out of stores without being purchased was driving up the cost of goods bought legally and causing stores, small and big, to consider closing or moving elsewhere."

The Retail Theft Crime Prevention Act was approved by the Alabama Legislature on May 31 and signed into law by Gov. Kay Ivey on June 14.

The new law introduced new charges for stealing from retailers: retail theft and organized retail theft. Before the new legislation, theft from retailers fell under the broad umbrella of first-, second-, third- or fourth-degree theft, based on the value of the items stolen.

Violations of the new criminal code still carry punishments tied to the value of the property, but also allow prosecutors to increase the severity of the charge based on the cumulative value of stolen goods in specific time windows.

For example, retail theft that exceeds $2,500 in value constitutes first-degree retail theft, a Class B felony — the same as first-degree theft, which is what violators would have been charged with prior to the new legislation. However, retail theft of one or more items that exceed $1,000 in value during a 180-day period also constitutes first-degree retail theft. A Class B felony is punishable by up to 20 years in prison.

Under the old law, if the value of goods stolen was less than $1,500, regardless of cumulation, violators would have been charged with third-degree theft, a Class D felony — with a maximum penalty of probation — and thefts under $500 were a misdemeanor with no change in the charge for multiple thefts.

"We're hoping that there will be more kinds of these crimes prosecuted," said Nancy Dennis, director of public relations for the Alabama Retail Association. "(Thieves) are getting more brazen about it. They know the law pretty well, and they know that up to a certain amount of goods you're basically not going to be prosecuted because it's not worth the court or the retailer's time."

A glance at court filings this week shows Morgan County wasting no time in taking advantage of the new law.

Written depositions from Walmart's asset protection investigators (APIs) at 2800 Spring Ave. S.W. describe the alleged shoplifting incidents.

On Friday, a Walmart employee observed a couple — a 45-year-old Decatur man and a 23-year-old homeless woman — behaving oddly in the shoe department, according to a deposition filed in court Tuesday.

After putting on a new pair of shoes, the woman removed the price tag and handed it to her partner, according to the deposition. API claims the man then wrapped her old pair of shoes inside an old shirt that he was carrying before the couple exited the store without attempting to pay.

"APIs stopped them and brought them to the (asset protection) office," the deposition reads. "Neither of them had IDs, so the Decatur police were contacted."

Documents bearing Walmart letterhead titled 'Notification of Restriction from Property' were also attached to both filings.

"This document constitutes formal notice and warning that you are no longer allowed on property owned by Wal-Mart Stores Inc., or in any area subject to Wal-Mart Stores Inc.'s control," they read.

Both were charged with third-degree retail theft, a Class A misdemeanor.

Depositions attached to retail theft charges spanning the month of September describe other shoplifting tactics.

API said they observed an 18-year-old Somerville man put a flashlight in his pocket and walk out of the store without paying on Sept. 20. The total value of goods stolen was listed at $87.90. The suspect was charged with third-degree retail theft.

On Sept. 9, a 22-year-old Decatur man and a 20-year-old Decatur woman were observed at the self-checkout kiosk scanning some items, but not others, according to API. Court filings show the value of stolen groceries as $300. The two were charged with third-degree retail theft.

Self-checkout scams are included in the new legislation: A person commits the crime of retail theft if they "fail to scan the barcode and pay for retail merchandise at a cash register or self-checkout register."

According to Dennis, large retailers generally have a good handle on preventing loss in self-checkout lanes.

"You're being filmed while you're buying things," she said. "If you're doing that, you're going to get caught. And now (with the new legislation), you're going to get caught and it can mean some jail time for you."

If a violator is convicted of third-degree retail theft for a fourth time, the charge is upgraded to a Class C felony, punishable by up to 10 years in prison.

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Organized retail theft

While the recent Walmart thefts resulted in only misdemeanor retail theft charges, harsher penalties were also introduced with the new legislation to address organized retail theft.

According to Dennis, organized retail theft is a growing problem around the country, and not just in large metropolitan areas where "smash and grab" style looting has made recent national headlines. She said organized retail theft is here in Alabama, too, and that its rising visibility helped the new law get passed.

"We're not talking about somebody coming in or stealing a candy bar or something like that," she said. "We're talking about groups of people whose livelihood is to steal from retailers."

The new charge of organized retail theft under criminal code 13A-8-226 is a Class B felony. A person commits the crime of organized retail theft when he or she knowingly do any of the following:

—Assists another person in committing organized retail theft.

—Removes, destroys, deactivates, or knowingly evades any anti-shoplifting device.

—Receives, purchases, or possesses retail merchandise for resale knowing the merchandise was stolen.

—Remains inside a retail establishment after business hours with the intent to steal.

—Uses an electronic device to facilitate the theft.

Violators can also qualify for an organized retail theft charge if the aggregate value of stolen goods exceeds $2,500 in value during a one-year or longer period; or, if the aggregate value exceeds $1,000 during a 180-day period; or, if the aggregate value exceeds $500 during a 30-day period.

"Part of the reason for the law is to put these organized groups on notice that this is going to be prosecuted in Alabama," Dennis said.

The new legislation also makes it easier for retailers to press charges, as a warrant for either of the new charges may be issued by a judge remotely. Before, affiants had to physically appear in court.

Finally, when a person is convicted of organized retail theft, the court can order the defendant to make restitution to the retail merchant and/or law enforcement and prosecutorial entities for any cost incurred in the course of the investigation or prosecution, upon the request of the district attorney.

— david.gambino@decaturdaily.com or 256-340-2438.