@RealSpikeCohen/Twitter/Reddit
September 23, 2021, 7:05 am*
They might be known for the Liberty Bell and the Declaration of Independence, but there is something decidedly anti-freedom about the state of Pennsylvania’s recent decision to jail a homeless man for “stealing” 43 cents after miscalculating the cost of a gas station Mountain Dew.
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Joseph Sobolewski, 38, is that homeless man. He hails from Duncannon, Pennsylvania, and he recently spent $2 on a bottle of Mountain Dew at an Exxon gas station. The shop was running a promotion that offered two 20-ounce bottles of Mountain Dew for $3. Sobolewski put $2 on the counter in exchange for a single bottle, believing that it only cost $1.50; however, by the terms of the promotion, a single bottle of Mountain Drew cost $2.43. (The second bottle, apparently, would then only cost $0.57.)
The shop attendant ran out after Sobolewski and told him that he still owed $0.43. He told her he had paid in full, and drove away. Someone from the store then telephoned the Pennsylvania State Police. Police arrested Sobolewski and charged him with felony theft.
He now faces up to seven years in prison, if convicted. He is currently in jail on $50,000 cash bond.
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This is due to the legal “three strikes” approach. Sobolewski’s first theft conviction occurred over a decade ago: he stole a tank of gas. Under Pennsylvania law, a first offense of this nature (where less than $150 of merchandise is stolen) is a summary offense, on par with a speeding ticket. In December of 2011—so, almost exactly a decade ago—Sobolewski was convicted of stealing shoes from a Cumberland Count K-Mart. The shoes cost approximately $40. Under Pennsylvania law, this second offense was a misdemeanor.
And, under Pennsylvania law, a third theft-related offense—no matter the amount of money involved, or the price point of the item in question—will be considered a third-degree felony.
For context, other third-degree felonies are carrying a firearm without a license, involuntary manslaughter, and institutional sexual assault. Sobolewski would have learned this back in June of this year, when he was arrested for theft of craft supplies from a Hobby Lobby. This offense was treated as a felony, and his bond was set at $2,000.
Brandon Flood, director of the Pennsylvania Board of Parole, said he thinks there are “smarter ways to handle things.” Many other people who heard about the story appeared to agree.
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“I would [understand] the deterrent factor [of using the three strikes approach] if someone’s thefts were getting worse or [if the merchandise they were stealing became] higher in value,” Flood said. “But the lack of discretion [in Sobolewski’s case] is what bothers me. It’s problematic because it doesn’t factor in the amount [of $0.43 that was ‘stolen’].” Flood pointed out that prosecuting the matter is a waste of taxpayer money, as is housing and processing a defendant in this situation.
Magisterial District Judge Jacqueline Leister told Newsweek that she couldn’t remember the exact specifics of Sobolewski’s case, and so she was unable to give specifics as to why she set Sobolewski’s cash bond so high. She did, however, disclose that in addition to the previous offenses listed above, Sobolewski has multiple outstanding warrants for not having paid child support, as well as an unpaid $1,500 fine from a previous marijuana possession arrest.
Sobolewski is due to appear next in court this November.
Lead image: @RealSpikeCohen/Twitter/Reddit
*First Published: September 23, 2021, 6:00 am
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