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Who Is Mr. Gregg Charged With Retail Theft?

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The issue is whether the state has enough information to charge Mr. Gregg with retail theft in excess of 150 dollars beyond a reasonable doubt. A defendant can be charged with retail theft if the three elements discussed in People v. Hill 2014 IL APP (2d) 121099-U are met “a person commits the offense of retail theft when he or she knowingly: takes possession of, carries away, transfers, or causes to be carried away or transferred, any merchandise displayed, held, stored, or offered for sale in a retail merchandise establishment with the intention of depriving the merchant permanently of the possession, use, use or benefit of such merchandise without paying the full retail value of such merchandise”. When the three elements of retail theft …show more content…

Archer, the store manager stood by and watched as he allegedly put the trimmer into his shopping cart and tossed it along with the two fans over the fence and did not stop him or confront him. Seeing how Mr. Archer is the store manager and is responsible for the store he contributed to theft when he decided not to stop Mr. Gregg. Mr. Archers decision to let Mr. Gregg proceed with his actions made Mr. Archer an accessory to the crime. This is similar to People v Hill when the cashier placed the money for the items into her pocket instead of the register. By the cashier doing that she assisted in helping the defendant commit retail theft, just like Mr. Archer helped Mr. Gregg commit theft when he did not stop him from tossing the items over the fence. Mr. Archer had the power to stop Mr. Gregg sooner but he made the conscious decision not to which resulted in Home Depot’s merchandise being stolen. Another fact to keep in mind is that Mr. Archer is the only witness that we have. With there being no other witnesses whose stories lines up with Mr. Archer or a surveillance camera in the garden that can confirm what he saw; he is not a credible witness: “the trier of fact determines the credibility of the witnesses, the weight given to their testimony, and the reasonable inferences drawn from the evidence” People v. Hill 2014 IL APP (2d) 121099-U. There is no way for us to confirm that he exactly saw Mr. Gregg take the trimmer and the two fans and throw them across the fence. Since we cannot confirm what he says his testimony is not

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