News Release 2003-8
October 17, 2003
Prosecutor Dismisses Charges in 89 Cents Pop CaseProsecutor Randall K. Gaylord announced today that he has dismissed charges against Aaron McKinnon for the theft of a soda pop refill. "The defendant wanted a trial. But, we have contacted the storekeeper, and given all of the circumstances, he has agreed to resolve the case this way. We have exercised our discretion to dismiss the case," said Gaylord
The defendant insisted on taking the case to trial, even though the prosecutor had extended a plea through a compromise of misdemeanor. "In misdemeanor cases we often urge the offender and the storekeeper to meet and attempt to resolve the case through a compromise of misdemeanor. Under that procedure, the offender pays the storekeeper the amount of the loss and, if the storekeeper agrees, the case is dismissed by the prosecutor."
Gaylord explained that the case was handled like any other shoplifting case. "Shoplifting cases begin with a call from the store manager to the sheriff. The sheriff deputy investigates, and if probable cause exists to file charges, the deputy will issue a citation to the offender, and request that he or she appears in court. We call this type of case a ‘direct file’ because the citation is then filed directly with the court, without prosecutor review."
Once the case is reviewed by the prosecutor, a plea offer is made. In this case, the deputy prosecutor offered to settle the case through compromise of misdemeanor at the first court appearance. "We even contacted the storekeeper to accept the compromise of misdemeanor," said Gaylord. The defendant declined the offer, and a trial date was set.
Gaylord acknowledged that the small amount in some shoplifting cases make them difficult, but he did not intend to ask for changes in the charging procedures based upon this case. "The system that we have works. It provides for discretion on the part of the storekeeper, the sheriff deputy, and the prosecutor’s office."
Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101