A homeless man is in jail, facing seven years in prison for accidentally shorting a cashier 43 cents.
On August 23rd, Joseph Sobolewski stopped at an Exxon store in Watts Township, Pennsylvania. While inside the store, he saw a sign that advertised two 20-ounce Mountain Dew bottles for $3. Assuming that each bottle was $1.50, Sobolewski placed $2 on the counter and exited the store. However, the promotion was only valid if buyers purchased two bottles. Since the man only bought one, the regular price of $2.29 plus taxes applied. In total, Sobolewski shorted the cashier 43 cents.
A store employee called 911, and Sobolewski was arrested soon after by Pennsylvania State police officers. He remains in Perry County Prison held on a $50,000 cash-only bond.
In Pennsylvania, a first retail theft is classified as a summary offense if the value of the things stolen is less than $150, while a second is classified as a misdemeanor. The 38-year-old’s arrest was considered his “third strike,” and unfortunately, the state does not consider the small value of the retail theft that occurred.
His first theft conviction took place over ten years ago when Sobolewski drove off without paying for a tank of gasoline. In December 2011, he was arrested for shoplifting a pair of shoes from K-Mart that cost $39.99. He paid $866 in fees from that arrest and spent three months in jail for a probation violation.
It’s unclear why the Exxon employee felt compelled to file charges for such a modest sum.
Nyssa Taylor, the criminal justice policy counsel with ACLU Philadelphia, slammed the homeless man’s incarceration, arguing that he should not be jailed for such a small matter.
“The state prisons are bulging. We don’t need to be jailing people over this. It’s punishment of poverty and substance use disorder,” she told PennLive.
Sobolewski’s previous convictions, unpaid child support warrants, and a $1,500 fine of a prior marijuana possession arrest were all noted by Magisterial District Judge Jacqueline Leister as possible reasons for such a hefty cash bond.
Sobolewski is scheduled to appear in court in November.
