People v. Aguilar CA6

Facts and Proceedings Below Abdul Porter, a loss prevention officer at Home Depot, noticed Aguilar and Mulgrew when they walked quickly to the middle of the Milpitas Home Depot store; Aguilar grabbed a cart that was loaded with merchandise waiting to be re-shelved. Porter watched as Aguilar and Mulgrew went to different departments and then abandoned the cart. When they began pushing a flatbed cart that was loaded with a bathroom vanity, Porter called an associate, Theautry Snyder, to assist him. Porter positioned himself inside shelving and watched as Aguilar repositioned the vanity on the cart. When Aguilar walked away, Porter told Snyder to watch him. When Mulgrew left the cart, Porter walked over to it and pried open the vanity; he saw two Dyson vacuum cleaners inside. Aguilar and Mulgrew returned and pushed the cart to

2 another aisle; when Porter moved to observe what was happening he saw Aguilar place two faucets inside the vanity. Porter watched Mulgrew load a shelf and place it on top of the vanity. Later she removed a box of grout from a shelf and placed it on top of the vanity. Mulgrew pushed the cart to a register at the front of the store. She paid $260 for items on…