PALO ALTO, Calif. — A man charged with felony robbery in connection with the alleged theft of $20 worth of food from a Whole Foods hot bar was released on his own recognizance Thursday after a judge determined he did not pose a danger to the public, despite the serious nature of the charge.
At an arraignment hearing at the Palo Alto Superior Courthouse, Judge Karen Wynholds ordered the accused released after Deputy Public Defender Evan Hopkins argued the alleged offense was nonviolent and that the accused did not present a risk to public safety.
The accused is charged with robbery, an offense for which release is not often granted because of the ordinarily violent nature of the crime. Robbery involves taking property through the use of force or fear.
The accused, who was in custody during the arraignment, is accused of stealing $20 worth of food from a Whole Foods hot bar before allegedly threatening an employee who tried to stop him. The accused also has an apartment in Stanford, enabling the court to find him for future hearings.
As a felony, however, robbery carries a minimum jail sentence of one year, regardless of the severity of the threat or the value of the stolen goods. Thus, if the charge is not reduced, the accused risks going to jail for a year over $20 worth of food and an alleged threat that may have been made in the heat of the moment.
DPD Hopkins, while requesting the accused’s release, argued the alleged offense amounted to “enhanced shoplifting.” Shoplifting, or entering an establishment with the intent to commit misdemeanor theft, could match the description of the alleged crime if intent can be proven.
Ultimately, the accused was released on his own recognizance after Judge Wynholds agreed with DPD Hopkins’ analysis.
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