People v. Motley CA3

BACKGROUND

Defendant went to the Safeway in West Sacramento on the evening of June 19, 2013. She took empty grocery bags from the checkout area and went to the deli counter where she ordered some chicken wings. Lisa Schwieger, a Safeway employee who was working at the deli counter that night, asked defendant if she wanted to pay for the chicken wings at the deli cash register. Defendant said no. Schwieger notified the store’s assistant manager, Katie McCann, that defendant was in the store and refusing to pay. McCann followed defendant around the store and watched her on the store’s surveillance system. Defendant spent the next several minutes browsing the refrigerated “walk-around case,” the bakery aisle, and the liquor aisle. During this time, she was seen placing a bottle of liquor and several other items into her otherwise empty grocery bags. A short time later, Schwieger saw defendant heading towards the exit. Schwieger again asked whether defendant wanted to pay for her items. Again, defendant said no. Defendant left the store without paying and started to walk down the street. McCann called the police. West Sacramento Police Officer Christopher Rice encountered defendant a…