The Backpack, the Shove, and the Getaway Driver
At 1810 hours, loss prevention at a home-improvement store calls you to the exit doors. A 19-year-old male concealed a $289 cordless drill kit and a $64 laser level in a backpack, walked past the last point of sale without paying, and when the loss-prevention officer identified himself at the vestibule, shoved him into a display rack, opening a 2-inch laceration on the officer's forearm, then ran. A store employee tackled him in the parking lot and held him face-down until you arrived. The subject is now cooperative, has no record, and says, 'I panicked. I was going to put it back.' A 17-year-old friend sat in the driver's seat of a running car 40 feet away and says she knew nothing. Her phone has not been reviewed. Your sergeant asks for your charges.
1. Recommend charges against the 19-year-old and justify each element.
Read the worked answer
Two charges, not one.
- Larceny in the sixth degree - the property total is $353, under the $500 line for the lowest larceny grade. Concealment plus passing the last point of sale supports the intent element.
- Robbery in the third degree (CGS 53a-136) - a larceny where the actor uses physical force to prevent or overcome resistance to the taking, or to retain the property or escape. The shove happened in the course of the larceny, during immediate flight, and it caused injury. Robbery is a felony; the force does not have to occur while the item is being lifted.
- Also consider assault in the third degree for the laceration; whether you charge it depends on the victim's injury documentation and your prosecutor's preference, so consult before stacking.
Do not accept 'I was going to put it back.' The concealment, the exit past all points of sale, and the shove are the answer to that statement. Quote it in the report and rebut it with the sequence of events.
2. What do you do with the 17-year-old in the running car?
Read the worked answer
Presence is not participation. Sitting in a car 40 feet away, without more, proves neither conspiracy nor accessory liability.
- What would make it a charge: evidence she agreed to act as getaway - messages coordinating a time and a meeting point, statements, the car being positioned at the exit door with the engine running, prior joint thefts.
- Legitimate investigative steps now: interview her separately, record the interview, ask open questions about the plan and the ride, and note her demeanor and any spontaneous statements. Seize nothing from the phone without consent or a warrant.
- Juvenile status matters: she is a juvenile, so any charge moves through juvenile procedures with a parent or guardian notified, and a custodial interview requires the juvenile protections your agency uses. Do not treat her as an adult because the car is running.
If the evidence stays thin, document what you did and why you did not charge. That record protects the case and the department.
3. The subject complains his shoulder hurts from the employee's tackle. What are your obligations and what goes in the report?
Read the worked answer
Medical first. The subject is in custody, so his care is yours: evaluate the shoulder, document complaints verbatim, call EMS if there is deformity, numbness, or pain he cannot localize, and have him seen before booking if indicated. Photograph him and the loss-prevention officer's forearm.
Report contents:
- The tackle in neutral, physical terms - who, how much force, how long he was held face-down, and by whom. A citizen's force still needs a factual record.
- The subject's injuries and complaints, what you observed, what you did, and the times.
- The store video and the loss-prevention report: identify the custodian and ask them to preserve it now, in writing.
- Witness identities, including the employee who tackled him.
Avoid: characterizing the tackle as 'reasonable' or 'necessary.' You are recording facts; conclusions belong in the charging decision, and an unconsidered adjective in your narrative becomes a defense exhibit.