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An arrest warrant was issued Tuesday for State Rep. Gerald Brady (D), who represents Wilmington, on two counts of shoplifting.
The incident took place at the Acme Grocery store. Police said an employee called the police after recognizing Brady, 65, from a previous incident on Dec. 29 last year.
Newark police said the employee noted the license plate number of Brady's vehicle and confronted him "as to his failure to pay for the merchandise."
The statement added that Brady declined to pay for the merchandise amounting to less than $200.
He turned himself in a few hours after the arrest warrant was issued and was released on his own recognizance, police said.
Victor Battaglia Jr., Brady's attorney, told The Associated Press, it would be "premature" to comment on his arrest.
"We would just ask that people and the media not jump to any conclusions," Battaglia said, adding that Brady is scheduled for arraignment in March.
Brady announced his resignation from the State House of Representatives on Friday, effective from Feb. 4.
In the statement announcing his resignation, he said recent events have exacerbated symptoms of his PTSD, which he says he was diagnosed with after his time serving in the Middle East, Delaware Public Media reported.
Brady was at the center of controversy last year after he made a racist comment in an email on June 27. The email was meant for an unidentified person but was ultimately sent to an advocate for decriminalizing prostitution, the Associated Press reported.
Brady pressed "reply" when he meant to forward the email to a different person who he was asking for input.
"Is the dude basically saying, if we provide free [sex acts] for Uncle Pervie there will be few rapes and few [a slur for Chinese women] will be shipped in CONEX containers to the Port of Wilmington??" Brady reportedly wrote in the email, which was sent from his official government account, according to the AP.