PARKER, Colo. — A jury has convicted two men of felony theft for stealing several items from a Kohl’s store in Parker. This in itself wouldn't be headline news -- if not for their legal defense.
Michael Green and Byron Bolden were sentenced after a three-day trial in early December. Green will serve 15 months in prison, and Bolden was sentenced to 90 days in jail with credit for time served, as a condition of 18 months of probation.
The pair were dubbed the “KitchenAid Mixer Crew,” because the pricey kitchen appliance was included in the theft, along with brand-name shoes and clothing. Investigators identified the two through surveillance images.
Prosecutors said the items stolen totaled $2,094. That's important because the cutoff line between a misdemeanor theft and a felony theft in Colorado is $2,000, according to the prosecutor’s office.
“The legal argument by the defense was that these two individuals basically stole merchandise that was on sale, and if you took the sale price, it would fall below the $2,000 threshold required for a Class 6 felony conviction,” said Eric Ross, spokesperson for the 18th Judicial District Attorney's Office.
“At the end of the day, we [prosecutors] argued that it didn’t really matter if the items were on sale or were discounted – those discounts and sales prices should apply to paying customers only, not thieves,” he said.
The DA’s office said the value that matters in court is the retail price, not a sale or coupon or other discount.
The jury agreed with the prosecutor’s argument and convicted both men of a Class 6 felony.
Investigators believe the pair are also connected to two other local Kohl’s thefts.
The DA’s office said they're getting more aggressive in prosecuting retail crimes.
“When we talk about retail theft, it’s not just somebody stealing shoes for their son or daughter," Ross said. "The cases we see involved people taking five, six, 10 pairs of jeans, clothes, shoes that often end up on the black market. This is not for personal use. This is often used for resale value. We really want to stop that."
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