McDonald's customer accused of putting soda in water cup charged with robbery

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A McDonald's customer in Arkansas accused of emptying his cup of water and filling it with soda now faces a robbery charge, police said Tuesday.

Police arrested the driver after they said they found his car at a nearby bowling alley. It's unclear whether he'll face any additional charges aside from felony robbery.

I agree taking a drink without paying for it is not a good idea but a felony charge?

Is that correct?

McDonald's customer accused of putting soda in water cup charged with robbery | Fox News

 

[Captain Adverse]

I agree taking a drink without paying for it is not a good idea but a felony charge?

Is that correct?

McDonald's customer accused of putting soda in water cup charged with robbery | Fox News

Well, since the definition od robbery is "The act or an instance of unlawfully taking the property of another by the use of violence or intimidation." I don't think the simple act of taking a soda rises to the level of robbery.

Petty theft? Sure. Robbery? No.

However:

The manager even ran out and tried to block Morris' car from leaving, but the suspect reportedly drove his vehicle in reverse and hit the worker twice before speeding away.

THIS might be the foundation for robbery.

 

[Chomsky]

Well, since the definition od robbery is "The act or an instance of unlawfully taking the property of another by the use of violence or intimidation." I don't think the simple act of taking a soda rises to the level of robbery.

Petty theft? Sure. Robbery? No.

However:



THIS might be the foundation for robbery.

The final actions there look more like assault and battery (with a weapon - vehicle) to me.

 

[Captain Adverse]

The final actions there look more like assault and battery (with a weapon - vehicle) to me.

Well, the totality of the act was to ensure the successful taking of property, in this case a cup of free soda. Taking of property without permission is theft. Taking with violence or threat is robbery.

Know however that the Prosecutor can charge a suspect with a whole gamut of crimes hoping one will stick. It may come down to the defendant pleading to an assault charge or even petty theft. However, if there is video of the event and the act provides convincing evidence of greater charges to convince a jury? All bets are off.

 

[Chomsky]

Well, the totality of the act was to ensure the successful taking of property, in this case a cup of free soda. Taking of property without permission is theft. Taking with violence or threat is robbery.

Know however that the Prosecutor can charge a suspect with a whole gamut of crimes hoping one will stick. It may come down to the defendant pleading to an assault charge. However, if there is video of the event and the act provides convincing evidence of greater charges to convince a jury? All bets are off.

Ah, thanks for pointing-out that distinction.

Yeah, we know ADAs upcharge and toss a plethora of charges out there to get the ball rolling. The thing is: For a variety of reasons they sometimes stick, and that's how guys get '25 to life' for stealing a slice of pizza in Cali!

 

[dimensionallava]

is he allowed to block the car as the guy is leaving? doesn't that count as kidnapping? its not like he could give the soda back, the manager couldnt exactly shoot people on site for doing this either... what would be the line here?

 

[Captain Adverse]

Ah, thanks for pointing-out that distinction.

Yeah, we know ADAs upcharge and toss a plethora of charges out there to get the ball rolling. The thing is: For a variety of reasons they sometimes stick, and that's how guys get '25 to life' for stealing a slice of pizza in Cali!

True. The problem faced by a defendant in a criminal case is the underlying presumption of many citizens who serve on a jury that the defendant would not be in court if he had not done something wrong to place him there.

Knowing this, the Prosecutor's office will throw as many charges as possible so that a jury will pick the one closest to whatever the evidence shows them might have happened. It forces the defense to expend effort on addressing a number of issues rather than focusing on the real one. This also give the Prosecutor a greater chance for the "win" he seeks.

 

[cabse5]

I wonder if stealing soda was a perpetual crime with this McDs? After this incident, it probably will be.

Sidenote: Now would be the time for McDs not to issue anymore cups for water. To enforce the law, another right is taken away...

If someone tried to fill their own cup with soda, at least that would be premeditated.

 

[Northern Light]

Their crappy soda is powder mixed with carbonated water in huge vats, like any other soda machine. That cup of soda is probably less than 5 cents in value. The manager went after him on principle.

When I imagine the amount of money and resources that will go into prosecuting this guy, I just cringe.

Though, hitting someone with your vehicle deliberately is another matter entirely.

 

[Beaudreaux]

Theft is theft. Breaking the law should have consequences. The guy stole something that didn't belong to him. He did so intentionally - it isn't like the water jumped out of the cup on its own and the soda accidently fell in his cup as he was leaving.

Our society seems to think that laws are for other people, not them. This guy just found out that he's one of those "other people" and the law actually does apply to him.

I'm happy with that.

 

[SDET]

The final actions there look more like assault and battery (with a weapon - vehicle) to me.

I wonder if a slick lawyer could turn this into an acquittal.

 

[Chomsky]

I wonder if a slick lawyer could turn this into an acquittal.

I do hope something happens.

To ruin a teenager's life over a corporate cup of soda is ludicrous.

"The home of the free & brave" is becoming "The land of the panzis and oppressed"! :doh

 

[Helix]

fox, so i'm not even clicking the link unless there are funny comments. let me know.

 

[RetiredUSN]

I do hope something happens.

To ruin a teenager's life over a corporate cup of soda is ludicrous.

"The home of the free & brave" is becoming "The land of the panzis and oppressed"! :doh

He hit the lady with his car...twice! That isn't enough?

 

[Chomsky]

He hit the lady with his car...twice! That isn't enough?

I don't recall him being charged over those allegations, do you?

His charges are felony soda robbery, according to the article.

If there was evidence supporting what you claim, I suspect the ADA would have charged him, no?

Edit: And even if those allegations were true, with no reported damage or injuries, I'm not still not sure it would be appropriate hang an 18yo with a felony record; I suspect much would depend on his record, but even then I'm no fan of wrecking young-people's lives, leaving them to burden society, unless there were to be absolutely no recourse.

 

[RetiredUSN]

I don't recall him being charged over those allegations, do you?

His charges are felony soda robbery, according to the article.

If there was evidence supporting what you claim, I suspect the ADA would have charged him, no?

Edit: And even if those allegations were true, with no reported damage or injuries, I'm not still not sure it would be appropriate hang an 18yo with a felony record; I suspect much would depend on his record, but even then I'm no fan of wrecking young-people's lives, leaving them to burden society, unless there were to be absolutely no recourse.

He is already a burden to society if he is that brazen.

 

[Chomsky]

He is already a burden to society if he is that brazen.

I have not seen that determined beyond your assertion.

 

[fmw]

Theft is theft. Breaking the law should have consequences. The guy stole something that didn't belong to him. He did so intentionally - it isn't like the water jumped out of the cup on its own and the soda accidently fell in his cup as he was leaving.

Our society seems to think that laws are for other people, not them. This guy just found out that he's one of those "other people" and the law actually does apply to him.

I'm happy with that.

Our police department here wouldn't take the time to deal with something that petty. I can't even get them to deal with credit card fraud for a lot more money.

 

[CanadaJohn]

I do hope something happens.

To ruin a teenager's life over a corporate cup of soda is ludicrous.

"The home of the free & brave" is becoming "The land of the panzis and oppressed"! :doh

I have to totally disagree with you here. From the story I read, the "poor baby" drove through the drive-thru and asked for a cup of water and got it and then he and his friends parked their car and went into the restaurant and proceeded to empty their free water and fill the cups with soda. The manager told them to drop the soda and leave. Most did, but one ignored the manager and left with his soda.

This "teenager" did not likely happen onto this behavior that particular night but has likely been an entitled asshole and bully for some time. From your post, I presume you have no problem with any "poor baby" entering any store and just helping themselves to whatever merchandise they desire at any particular time. Or is their a $ value limit you'd put on taking what's not yours or what you don't pay for? If nothing came of this, if there were no consequences, you can bet this young "precious child" would be bragging around school and to all his friends about how you can get free soda at McDonald's or at least this particular McDonald's.

Nobody "ruined" this boy's life other than potentially himself, and perhaps his parents. Certainly neither the law nor the victims in this matter forced him to commit a crime. Personally, I'm tired of the bleeding heart approach to young reprobates. Hope this guy gets all he's got coming to him.

 

[RetiredUSN]

I have to totally disagree with you here. From the story I read, the "poor baby" drove through the drive-thru and asked for a cup of water and got it and then he and his friends parked their car and went into the restaurant and proceeded to empty their free water and fill the cups with soda. The manager told them to drop the soda and leave. Most did, but one ignored the manager and left with his soda.

This "teenager" did not likely happen onto this behavior that particular night but has likely been an entitled asshole and bully for some time. From your post, I presume you have no problem with any "poor baby" entering any store and just helping themselves to whatever merchandise they desire at any particular time. Or is their a $ value limit you'd put on taking what's not yours or what you don't pay for? If nothing came of this, if there were no consequences, you can bet this young "precious child" would be bragging around school and to all his friends about how you can get free soda at McDonald's or at least this particular McDonald's.

Nobody "ruined" this boy's life other than potentially himself, and perhaps his parents. Certainly neither the law nor the victims in this matter forced him to commit a crime. Personally, I'm tired of the bleeding heart approach to young reprobates. Hope this guy gets all he's got coming to him.

Agreed. There has to be a element of individual respect for society and it's laws.

 

[Paleocon]

Our police department here wouldn't take the time to deal with something that petty. I can't even get them to deal with credit card fraud for a lot more money.

Armed robbery is petty?

 

[laska]

I hope that doesn't happen to me when I eat a grape at Wal Mart.

 

[fmw]

Armed robbery is petty?

This case is not armed robbery. It is petty theft.

 

[Paleocon]

This case is not armed robbery. It is petty theft.

He used force and a deadly weapon to escape immediately following a theft. That's armed robbery under AR law.

 

[polgara]

I have to totally disagree with you here. From the story I read, the "poor baby" drove through the drive-thru and asked for a cup of water and got it and then he and his friends parked their car and went into the restaurant and proceeded to empty their free water and fill the cups with soda. The manager told them to drop the soda and leave. Most did, but one ignored the manager and left with his soda.

This "teenager" did not likely happen onto this behavior that particular night but has likely been an entitled asshole and bully for some time. From your post, I presume you have no problem with any "poor baby" entering any store and just helping themselves to whatever merchandise they desire at any particular time. Or is their a $ value limit you'd put on taking what's not yours or what you don't pay for? If nothing came of this, if there were no consequences, you can bet this young "precious child" would be bragging around school and to all his friends about how you can get free soda at McDonald's or at least this particular McDonald's.

Nobody "ruined" this boy's life other than potentially himself, and perhaps his parents. Certainly neither the law nor the victims in this matter forced him to commit a crime. Personally, I'm tired of the bleeding heart approach to young reprobates. Hope this guy gets all he's got coming to him.

Greetings, CJ. :2wave:

The interesting part of this event is that they took the time to think up this scam to get a soda for free while driving around using gas they had to pay for! Kinda stupid thinking, IMO.............. :shock: