Colorado attorneys for two men accused of stealing items from Kohl’s, including KitchenAid appliances, argued for lesser charges during the trial because some items their clients stole were on sale.
The District Attorney’s office for Colorado’s 18th Judicial District, which includes the counties of Lincoln, Elbert, Douglas and Arapahoe, said 50-year-old Michael Green and 37-year-old Byron Bolden were sentenced this month after they were convicted of retail theft at a Parker, Colorado, Kohl’s department store.
An investigation learned Green and Bolden were connected to other Kohl’s thefts, leading to the store calling the duo the "KitchenAid Mixer Crew."
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While Green and Bolden stole KitchenAid appliances, they also stole things like brand-name shoes and clothing.
Surveillance footage taken at the store assisted investigators with identifying the suspects, leading to their arrest. Both men pleaded not guilty to the crimes.
During the trial, the defense attorneys told members of the jury that Green and Bolden should face a lesser misdemeanor charge since some of the items they stole were "on sale" at the time of the theft.
Under Colorado law, theft less than $2,000 is a misdemeanor offense, while theft between $2,000 and $5,000 is a felony — prosecutors valued the items stolen by the duo at just under $2,095.
"Just because an item is ‘on sale’ doesn’t mean it’s free to steal, and these defendants now get to think about this lesson in jail and prison," District Attorney John Kellner said. "Retailers in our community are fed up with theft and my office will actively prosecute these offenders."
The jury convicted both men of felony theft. Green was sentenced to 15 months in prison, while Bolden was sentenced to 90 days in jail with credit for time served as a condition of 18 months of probation.
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Green, the DA’s office added, was in custody at the Department of Correction on a separate conviction.
A survey released by the Loss Prevention Research Council and National Retail Federation found retail loss swelled to $112.1 billion in 2022, up 19% from $93.9 billion in 2021.
"Retail theft is not a victimless crime," Deputy DA Sherri Giger said. "We’ve all seen news articles about the impact of rising retail theft, including stores forced into closing, as well as price increases passed along to paying customers to offset loss. Many stores no longer try to confront or stop retail thieves due to the risk of potential harm to employees and customers from thieves who may be armed."
