People v. Witt CA4/3

FACTS

Because Witt pleaded guilty, we take the facts from the preliminary hearing transcript. In March 2004, Kevin Okerstrom worked undercover as a loss prevention officer at Home Depot in Tustin. While in the store, Okerstrom saw Witt take two expensive faucets, place them in a shopping cart, and cover them with a rug. Okerstrom thought this was suspicious behavior and followed Witt. Witt gave the cart to another man, his accomplice, and they separated. Okerstrom followed the accomplice. The accomplice pushed the cart past the open cash registers and into the parking lot, where Okerstrom confronted him about the stolen merchandise. Okerstrom escorted the accomplice back towards the store as he pushed the cart. The accomplice spun away from Okerstrom and fled. Okerstrom initially chased him but stopped pursuant to store policy. Okerstrom returned to the store and called the police. Okerstrom took the shopping cart to the returns department and secured it so he could inventory the merchandise later. Okerstrom looked for Witt. He found Witt leaving the store through the garden department and confronted him just outside the exit. A witness saw Witt arguing with Okerstrom and watched…