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Floridian Faces Five Years In Prison For Refusing To Pay $1 For A Cup Of Soda

April 23, 2012 by  

Floridian Faces Five Years In Prison For Refusing To Pay $1 For A Cup Of Soda
Mark Abaire has been charged with a felony for allegedly stealing a soda at McDonald’s.

A man in Naples, Fla., is facing a felony charge for filling his cup with soda after he told the cashier he was getting water.

Mark Abaire entered the McDonald’s on 14th Street North in East Naples about 10 p.m. He asked for water, but then got a soft drink and sipped it on the curb.

The manager approached Abaire and told him to pay $1, but Abaire refused.

Police came to the scene of the soda snatch. Abaire was charged with petty theft, but because he has previous petty theft charges, the charge was upgraded from a misdemeanor to a felony.

In Florida, a third-degree felony, the lowest felony charge, can result in up to 5 years in jail and a $5,000 fine.

Abaire also faces misdemeanor counts of trespassing and disorderly intoxication. His bond is set at $6,500.

Bryan Nash

Staff writer Bryan Nash has devoted much of his life to searching for the truth behind the lies that the masses never question. He is currently pursuing a Master's of Divinity and is the author of The Messiah's Misfits, Things Unseen and The Backpack Guide to Surviving the University. He has also been a regular contributor to the magazine Biblical Insights.

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  • former walmart person

    In other news, the population of bees continues to decline. Experts predict global food riots in half a decade and massed starvation….

  • jopa

    They may have to release someone that was sent to the big house for traces of residue in order to incarcerate this soda sipper.Bring back Sparky!!

  • JimH

    Sometimes you just shake your head and wonder “what was he thinking”?

  • FreedomFighter

    If I would have been the manager: I would have paid the dollar myself, told the man he was banned from the store and moved on.

    Common sense does not exist anymore…it would seem

    Laus Deo
    Semper Fi

    • http://N/A HapHarris

      Is the saying, Here Here or Hear Hear, I 75 and I’ve never known, DAH. Nevertheless I’ve found JimH to be an intelligent person. There few of his kind today. Thanks, JimH

      • http://N/A HapHarris

        Sorry, I ment that for FreedomFighter. But JimH has a good view too.

  • jim e

    like a single cup of overly sugared flavored and carbonated water with ice is gunna break the bank of the largest cause for obesity in the world? just ban the puke n be done with it…

  • MatticusGOP

    no! the man is a habitual liar and a thief! this just let it slide attitude in this country needs to stop and i think that a crime is a crime is a crime. whether you are stealing one dollar or stealing a million, it is plain and simple that it is still stealing and this man who has done this before and was probably warned after the first and second time for petty theft that this could result in harsher punishment.

    • Josette Sampson

      How about, let’s start with the people who are stealing the MOST money, or most value FIRST, then work our way down. Makes more sense!

    • ThreadDotRun (@ThreadDotRun)

      Yeah, except if you steal a million (or more) you just pay your way out. Sorry, but putting everyone in jail to make some private prison money is such a bad idea I don’t have ample words. The example in this article is terrible, but replace said example with “smoking a joint” (or 70 years ago drinking a beer) and it is very true.

      There should not be monetary incentives, passed on as campaign finance money, to put more people behind bars for ANY reason, to make money. Its disgusting and immoral.

  • Darren Young

    As a former Florida Assistant State Attorney, this guy had prior thefts which warranted the enhancement to a felony. We Floridians are tired of people who don’t learn from past thefts and continue doing so. With that said, it probably will be reduced to a misdemeanor in a plea agreement. Also even if kept a felony, he may still get little to no jail time. He probably will get some jail time, i.e something less than a year, community service, probation, and restitution.

    • Don

      restitution! now that’s hilarious. i wonder how many months they’ll give him to pay it back ;)

  • Darren Young

    Just because someone faces 5 years in jail and/or a $5,000 fine does not mean they always get both and if they do get both, i.e. jail and a fine, then that does therefore mean that they get the max on each. Stories like this are just written for their “sensational” value.

  • TIME

    I am sure this will go over like a ton of road apples, BUT – Really this is a clear case of just how totaly absurd this nation has become.

    We are all CRIMINALS for breathing air, note the passage of the NDAA, – Very soon you will have that made very clear to you.
    Look we have criminals who run this nation, and have any of you done anything about it?

    How many times have you voted the same bloody CRIMINAL back into office?

    So lets see lets take a guy who has taken all of what $1.00′s worth of crap soda when all he wanted was a glass of water. OMG!

    Wow what a Cristian nation we are, Do any of you understand what it means to follow The Christ’s teachings?
    Help your fellow humans when they are in need, Not Kill them, jail them, or beat them to death. WTF people, are you all that mad that some poor soul you would treat this way. OMG!
    Just for the record, There are NO LAW’S in this nation that are LEGAL, and have not been any since the 1930′s! But you all just keep on being so special and ignorant! Good on ya!

    Peace and Love to even the ones who would hang a poor man who wants a glass of water!

  • s c

    Florida seems to be the southeast version of California (fruits, nuts, flakes and pretenders in the state’s capital). Let Eric [I am 'God'] Holder take care of it [HA!].

  • Mike Philip

    American Justice………”Jon Corslim” can steal billions from MF Global customers and other segregated accounts and nothing happens to him…….a misunderstanding over a soda gets you thrown in jail. There are two judical systems in the country one for the rich the other for everyone else.

    • JimH

      It’s the golden rule. The one with the gold, makes the rules.

  • Raymond Carl Hardie

    Mr. Darren Young says he is a former DA attorney from Florida and makes his case defending the arrest of this man based on previous petty thefts. I must ask one question, what happened to the Eighth Amendment of the US Constitution? ” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” A petty theft is just that and regardless of other unrelated crimes it appears justice is not being served here but legalistic mendaciousness by a system that has lost adherence to the fundamental law of our Constitution.I think it ironic that this happens in a state that embraced Jeb Bush as Governor even after the Silverado Savings and Loan debacle where he was a board member and appropriated a loan of 10 million dollars, which he did not repay and during the failure of that financial institution his testimony before Congress was that he borrowed the money for a business venture and the loan agreement was that if it failed he did not have to repay! The tax payers eventually bailed out the failures of those institutions, but he walked away never owing a penny. I have never heard of any bank or financial institution lending any amounts of money for any thing without some sort of collateral and legal repayment agreement by the borrower. If Mr. Young wants justice for to be served, he first must explain why Mr.Bush his former Governor is allowed such flagrant abuse of the system with no punishment, and a mere street profligate is under threat of felony charges for one measly dollar.

  • ashwadhwani

    Wow that’s dollar wise million foolish. Far as I see the guy was more at fault for being drunk if anything and should be charged with disturbing social order thats it
    But this is clearly the government saying ‘we need to fill up our prisons’

  • Justin Walton

    The government is just looking for stupid ways to charge people for crimes, just so a few companies they are in bed with can make a few bucks

  • Nunya

    A thief is a thief. No sympathy – especially since he clearly is a repeat offender.

    The article is ridiculous in that it is virtually guaranteed that he will get nowhere near those levels of punishment for this particular offense.

    Personally, I would say no jail time, but he has to pay back several times as much as what he stole, as well as every last cent that was spent in prosecuting his crime.

    • tim

      now thats justice. Put that Manager in charge of the food stamp program.

  • simian pete

    The Moral of this Story ? Don’t mess with Ronald McDonald ! HA HA HA !!!

  • Mark Ostrom

    Now he will get 5 years of CRAP FOOD instead of just one lousy meal. I think he wanted to go back to jail, it’s friggin TOUGH OUT HERE>

  • terri rementeria

    I think the man is a thief! we cannot afford to put petty theft offenders in prison.I am sick of paying for the thousands in there now who live better than hard working people on the outside …now! I say these offenders need to be put in jobs nobody else wants to do like the old chain gangs! No air condition prison with tv and softball and pillows and blankets and free medical and 3 square hot meals etc…. I say work his butt off and keep him in community service until he prooves he is a hardworking law abiding citizen!
    I think all law breakers need to be treated in the same way.They have it too good in prison…Why do thieves and killers and molesters etc… have to be treated well.They broke the law .


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