If The Shoe Fits

The Louisiana Supreme Court has imposed a three-year suspension for thefts from Target.

On July 18, 2021, respondent entered the Target store in Metairie with reusable shopping bags. She was initially observed by Target security personnel opening a container of pet flea medication and emptying the contents into her shopping bag, then returning the empty container to the shelf. Focused camera surveillance was begun and video evidence captured respondent placing various items of merchandise into her shopping bags as she moved throughout the store. Eventually she exited the store and went into the parking garage without paying for any of the items she had placed in her bags.

Using video surveillance, the security team was able to identify the items respondent had taken, totaling $324.91; however, security was unable to capture the license plate of respondent’s vehicle so as to make a positive identification at that time. Moreover, no attempt was made to apprehend respondent on this occasion due to COVID policy restrictions then in effect.

On July 28, 2021, respondent returned to Target, again carrying reusable shopping bags. A security officer positively identified respondent as the same female who had engaged in shoplifting at the store ten days earlier, and focused camera surveillance was again commenced. Respondent was observed as she selected a pair of shoes from a shelf, removed them from the box, placed them on her feet and confirmed the fit, then placed her old shoes into the shoe box and returned the box to the store shelf.

Security officers contacted the Jefferson Parish Sheriff’s Office about a shoplifting incident in progress. Officers arrived on the scene and gathered with security officers in the surveillance area of the store as they collectively watched respondent continue to place items in her shopping bags for nearly four hours. The officers apprehended respondent and found items totaling $1,763.00. She had no cash, check book, credit cards, or debit cards in her possession that would have evidenced a means of payment. Respondent was arrested for felony theft (over $1,000), in violation of La. R.S. 14:67(B)(3). She was also charged with misdemeanor theft in connection with the previous shoplifting incident.

She self-reported the arrest; driving offenses were discovered in the ensuing investigation.

She did not participate in the bar proceedings.

Sanction

Turning to the issue of an appropriate sanction, the instant matter presents an almost identical factual scenario as the LaMartina case cited by the hearing committee. In light of LaMartina, and considering the aggravating and mitigating factors present, we find the committee’s recommended sanction is appropriate.

Accordingly, we will adopt the hearing committee’s recommendation and impose a suspension from the practice of law for three years.

(Mike Frisch)