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News You Need: Fresno beer thief caught

You’ll be relieved to know that Fresno’s “chronic beer thief” has been nabbed on his daily trip to rip off 7-Eleven. From

Suspect in chronic beer theft arrested

A 52-year-old Fresno man was arrested this morning on suspicion of stealing beer from a 7-Eleven in northwest Fresno, authorities said.

Clerks said the man had been stealing a case of beer each day for the past 15 days and threatened them with a knife on three occasions.

Fresno police observed the man taking a 12-pack of beer without paying for it around 11 a.m. from the store at Blackstone and Bullard avenues, Sgt. Bob Lightfoot.

The man was booked into Fresno County Jail on multiple felony charges, including burglary and robbery.

What have we learned from this, kids? Wait until the po-po leave before stealing your daily case of beer.

Responses to "News You Need: Fresno beer thief caught"

Jason M says:

He likes beer.. and prison.

Fed says:

Felonies? Multiple?
Robbery and Burglary? Isn’t that Shop lifting?
I can see the knife threats being more of an ad on in offenses but honestly, this guy was just trying to get some beer, he didn’t maliciously go in there stabbing people, shooting the place up and set off a car bomb, leaving hundreds of fatalities in his wake.
This is what’s wrong with our judicial system these days and more specifically Fresno P.D.
Rapist and Murderers have a realistic chance of getting off with less time than this poor, down on his luck guy trying to have some beer.
Where it’s wrong, I understand, but let’s not over do it.

I did not vote for Ashley Dyer

AttyKendall says:

The burglary occurs the moment the man enters the store with the intent to steal the beer. (Pen. Code section 459.) By the fifteenth time, his intent to steal at the time he enters the store is pretty clear.
The robbery occurs when force or fear is used to retain the property taken. (People v. Estes (1983) 147 Cal.App.3d 23.) Threatening with a knife will certainly qualify as force or fear.

Fed says:

I’d have to argue on the grounds that the “Robbery” was not taking beer directly “from the person using threats”, I’d debate that you can not threaten a beer cooler with force or fear. That in fact is where he stole the Beer from.Said cashier, voluntarily got in his path and “put themselves” in the scene.
The “Burglary”, simple, this was not an unlawful entry, he didn’t break into the store or cooler.
We can assume he intended to steal the beer but our system is based on proof, we need proof of his intent, until then he’s INNOCENT. Even after the proof of intent, that should only upgrade his count to a more serious shop lifting with a THREAT of battery.

AttyKendall says:

On the robbery argument, the robbery is not complete until you reach a place of safety, and any threat or force that occurs makes the shoplift into a robbery. There is no valid argument to be made otherwise, it is settled law.
On the burglary, the common law definition may have required a “breaking in,” but the current state of the law in California is that the burglary occurs when the person walks into the store with the intent to steal. This is also settled law. I understand your points, but unfortunately they would have no validity in any court in this state.
Of course in court the person charged is presumed to be innocent. There may be an issue of mistaken identity, for example. Maybe the first 14 days in a row, were someone else. I’m not presuming anybody guilty. I am just telling you that if he entered a store 15 days in a row, stole beer each of those times, and used force or fear to accomplish the theft, he has committed the crimes of of robbery and burglary, as well as petty theft.