An attorney for two men on trial for stealing from a Kohl’s store argued that his clients should receive a lighter sentence because the merchandise they took was on sale for the holidays.
The men’s defense attorney told a jury that the merchandise Michael Green, 50, and Byron Bolden, 37, were accused of stealing was on sale, so they should not face the same penalty as if the items had been at full price.
The attorney pointed out that one of the pricey kitchen appliances the pair was accused of stealing, a KitchenAid stand mixer that retails for $499, was on sale for $350.
The men, called the “KitchenAid Mixer Crew” by Kohl’s employees for their penchant for taking expensive kitchen items, also stole brand-name shoes and clothing, according to the district attorney’s office for Colorado’s Judicial District 18.
The argument the defense attorney made was based on a Colorado law that classifies theft under $2,000 as a misdemeanor offense.
Theft with a value between $2,000 to $5,000 is classified as a class 6 felony. According to the district attorney’s office, the documented value of the stolen items from Kohl’s was $2,094.98.
“Just because an item is ‘on sale’ doesn’t mean it’s free to steal, and these defendants now get to think about this lesson in jail and prison,” District Attorney John Kellner said in a news release. “Retailers in our community are fed up with theft and my office will actively prosecute these offenders.”
Green and Bolden, who were identified by store security staff and surveillance video as the men who took the merchandise, were found guilty of felony theft.
Green was sentenced to 15 months in prison while Bolden received 90 days in jail, the district attorney’s office said.
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