Storeowner to Shoplifter: Gimme Your Shoe or I Call the Cops!

By Alex in Crime & Law on May 28, 2008 at 5:38 pm

Gabe Fidanque, owner of Wagon Wheel Liquors in Durango, Colorado, was tired of losing as much as $1000 a month to shoplifters, so he instituted his own punishment: he told those caught shoplifting to give him one of their shoes or he’ll call the cops!

But that turns in itself turns out to be robbery – so the police told him to stop or risk running afoul of the law:

"I give them the choice – I say ‘I’m either going to call the cops or you give me one of your shoes,’" Fidanque said Thursday, a day before he decided to abandon his plan on advice from the Durango Police Department.

He said he started looking at alternatives about two years ago because he was frustrated that people he caught shoplifting and reported to the police frequently returned to the store within hours of their arrest.

But Durango Police Department Capt. Micki Browning said Fidanque’s punishment puts him in serious jeopardy by substituting a felony offense for a misdemeanor.

"I would suggest that he find a different option that doesn’t involve giving up property," Browning said. She said that because Fidanque requires the offender to surrender property through intimidation, the shoe penalty is tantamount to felony robbery under state law. Shoplifting is a misdemeanor.

"What’s the difference between him saying, ‘give me $20 and I won’t call the police’ or ‘give me your shoe?’" Browning asked.

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  1. Nostra
    May 28th, 2008 at 5:42 pm

    That’s so ridiculous….

    Just shows how willing the police are to help this shop owner…

  2. Ola Amigo
    May 28th, 2008 at 5:44 pm

    Shot em would be another option.

  3. kid_icarus
    May 28th, 2008 at 6:59 pm

    HA! so the people who have shoplifted from him can now turn around and press felony charges against him……that is priceless.

  4. Peeves
    May 28th, 2008 at 7:17 pm

    Lovely government, way to do your job. The fact that they return to the store hours after arrest goes to show you police are useless against petty crime.

    Clubs have bouncers who manhandle assholes on a regular basis, I’d recommend the shop owner do the same.

  5. SenorMysterioso
    May 28th, 2008 at 7:59 pm

    creative solution to a common problem, leave him alone

  6. Tony LaRocca
    May 28th, 2008 at 10:21 pm

    It’s not the cops’ fault – it’s not that they don’t want to lock these scumbags up, nor do they want to harass the store owner. The problem is a legal system that keeps people from defending themselves. The only legal solution is for local politicians to raise the severity of the offense for shoplifting.

  7. Thebes
    May 28th, 2008 at 10:29 pm

    IMHO, if the thieves choose an alternative punishment its their choice. Perhaps a good thrashing in front of the other customers then? Or would that be assualt?
    Sigh… our “Justice” system so isn’t.

  8. Ola Amigo
    May 28th, 2008 at 11:09 pm

    I notice the guy has a few shoes there. As a Coloradoan, I’d have hoped our state and towns could enforce the law so this guy can run his business.

  9. ted
    May 29th, 2008 at 12:04 am

    He can have them trespassed from the store. He still has to have the cops come by, but they don’t get charged unless they come back again.

  10. LisaL
    May 29th, 2008 at 1:30 am

    Tougher laws yes, shoplifters going to jail no since jails/prisons need to be saved for the worse criminals. Bring in public whippings or whatever.
    Harsh, gotta teach these morons a lesson and pain usually gets the point across :P
    Show it on tv too. Help keep potential criminals from making a dumb choice.

  11. V
    May 29th, 2008 at 2:57 am

    Huh, interesting. There was a similar thing in Australia where some shopowners decided to put up a “wall of shame” behind the counter, replete with security cam pictures of the shoplifters. It appeared to reduce theft, but the police made the shopowners take it down. Same reason as Tony LaRocca said above; like the guy in the article, the shopowners were taking things into their own hands.

  12. Evilbeagle
    May 29th, 2008 at 6:06 am

    I agree that we need to bring back public whippings/the stocks for petty crime. Keep the prisons for the murderers and baby rapers, but shame and physically punish the rest.

  13. Jaxx
    May 29th, 2008 at 10:18 am

    I suggest a super-soaker behind the counter full of syrup heavily laced with red food coloring.

    Of course, the police would probably call ‘that’ assault.

  14. Rich
    May 29th, 2008 at 10:22 am

    “Or else I’ll call the cops” is hardly equivalent to “or else I’ll shoot you”. Don’t the shoplifters have the option of just turning around and walking out?

  15. luvpumpkns
    May 29th, 2008 at 3:46 pm

    good point rich. he’s not threatening to harm them. he’s threatening to call the police, which is perfectly lawful (unlike just shooting someone) the last time i checked. i don’t understand the problem.

  16. Gorf
    May 30th, 2008 at 12:41 am

    Why ask for one shoe when he can ask for them both?

  17. DOJ
    May 30th, 2008 at 3:06 am

    hopefully publicity from his stunt will get politicians to find a better solution for shoplifters


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