On Monday, more than a year after a man was arrested outside a market in California with a $3.99 bag of Tillamook shredded cheese in his pants he had not paid for, a judge decided to go relatively easy on him, sentencing him to seven years and eight months in jail.
Prosecutors in Yolo County, Calif., outside Sacramento, had originally asked for a life sentence under the state’s “three strikes” law, arguing that the man, Robert Preston Ferguson, was a menace to society because of prior burglary convictions.
A deputy district attorney “said Ferguson was a career criminal who wouldn’t change.” The prosecutor added that Mr. Ferguson, who is in his 50s, had 13 previous convictions and had been in jail for 22 of the past 27 years but still took the cheese. Ten days before the cheese theft, Mr. Ferguson had also stolen a woman’s wallet from a 7-Eleven as she tended to her sick child, who had just thrown up on the floor.
Because of Mr. Ferguson’s prior convictions, he had been charged with felonies for both of those petty thefts.
Mr. Ferguson’s defence lawyer, Monica Brushia, argued that his six other burglary convictions had taken place three decades ago and noted that his conviction for misdemeanor assault came when he was a teenager and had thrown a can of soda at one of his siblings. She also noted that the psychologist’s report had concluded that Mr. Ferguson was mentally ill. He has biploar syndrome and struggles to control his impulses to steal during manic phases, she said.
She concluded that his most recent thefts were petty. “We’re talking about a pack of cheese,” she said. Leaving aside concerns about whether the long sentence was just, some observers in California asked if the cash-strapped state should really be spending between $50,000 and $100,000 a year to lock up a cheese thief.
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