Mark Abaire Charged With Felony For Drinking Soda At McDonald's

[Whisper]

Mark Abaire

NAPLES, Fla. - A Naples, Florida man is facing a felony charge after he was accused of walking out of the McDonald’s without paying for a cup of soda.

After filling a courtesy cup with soda Thursday at the McDonald’s soda fountain and then leaving the restaurant, Mark Abaire, 52, was arrested by Collier deputies and now faces a felony theft charge, a sheriff’s report shows.

A manager told sheriff’s deputies that Abaire entered the store and asked for a glass of water around 10 p.m. Although the employee told him the cup was for water, Abaire filled it with soda at a fountain machine and sat outside the restaurant, according to an arrest report.

During a conversation with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.

While his charge is petty theft, because of previous petty theft convictions, the charge for drinking the unpaid-for soda was increased from a misdemeanor to a felony, the arrest report shows.

In Florida, a third-degree felony can result in a sentence of up to 5 years in prison and a $5,000 fine.

Abaire faces additional misdemeanor counts of trespassing and disorderly intoxication.
[...]

http://www.wxyz.com/dpp/news/man-acc...#ixzz1suG1I6EM

I watched a show lastnight about certain states and the higher number of people in prisons then others
Floriduh was one of them and this is why
K what he did was wrong but a FELONY??

[cubby]

Only because he was a habitual offender and made the choice to reoffend probably knowing that the next time would be a felony. He was given a choice to pay or talk to the police and he chose the police, I don't feel sorry for him AT ALL. He made His choices.

I got a brother the same. He has never done anything really bad in his life but he is an absolute asshole and his choices have put him in prison twice on probation violations when if he could have kept his ass at home and stayed out of trouble he wouldn't have ever seen a prison. I don't feel sorry for him either. He made His Choices.

[HeatherHabilatory]

I agree with Cubby. At first, I was astounded. But then, he has had plenty of warnings.

[Ninja0980]

It seems like an outrage at first until you read the story. You only get so many chances before you will be charged with a felony. No pity for him at all.

[kniption]

I agree with all of you. Very often, it appears that - beyond the tangible crimes like murder, rape, arson, etc. - there is only one real crime... being an asshole. If you do that, the world will gladly hand you a sentence of some sort. ...doesn't really matter what for. If, however, you try to be pleasant - even only a little bit - people will often give a pass.

He said "fuck you." ..and he got fucked for it.

[newstarshipsmell]

And sadly, the water cup and soda together probably cost McD's less than ten cents. Felony. GJ moron.

[Valasca]

OK, bullshit. Really. I can;t believe a cop would even arrest for this. It's stupid.
Every time someone would do the same at the McD's I worked at, we followed them out, confronted them and told them not to come back. Some did, ut we kept an eye on them.

[biteme]

Personally agree with all those saying if you're an asshole, it eventually catches up to you and you get fucked, just wish it always held true

[cubby]

You know what it just makes me feel better that an asshole gets what's coming to him occassionally even if it is a bullshit sentence. It happens way too often in the other direction, and the assholes are usually standing there laughing at you get caught for something they got away with.

Biggest reason I don't feel sorry for him is that he knew what he did was wrong and he was given a choice to correct it and he chose to be an asshole about it, so he gets what he gets.

My kids used to ask, "who does this belong to?" My answer, "Is it yours? If the answer is NO then put it down, doesn't matter who it belongs to, it's not yours." That's the way I look at it, wasn't his and he refused to pay for it, so he gets what he gets. And he probably knew exactly what he was getting into and where he was going when he did it. I didn't tolerate lying and stealing from my children and no one else should from anyone else.

[Marv]

The guy is a pain in the ass and the authorities finally lost patience with him. Like a kid who pushes pushes pushes until finally it's ''go to your room!!''. Maybe he's homeless and wanted a roof over his head and this is his way of getting it.

[Dakota Valkyrie]

A Naples man who made headlines last month when he was arrested and accused of stealing a $1 soda refill from McDonalds was arrested again Monday outside a local Pizza Hut.

Mark Francis Abaire, 52, who authorities said is homeless, faces a misdemeanor trespassing charge.

An arrest report from the Collier County Sheriff's Offices gives this account:

Around 3:30 a.m., a sheriff's deputy was patrolling an area around the Pizza Hut at 3010 U.S. 41 East when he saw a "shadowy figure" emerge from the bushes and begin running toward the restaurant.

Recognizing the man from "many law enforcement encounters," the deputy stopped his patrol car to speak with Abaire, whom he had arrested in February at the same Pizza Hut. On that occasion, Abaire was accused of open container violations and trespassing, and he was told by the manager not to return.

When asked what he was doing at the business, which was not open at 3:30 a.m., Abaire told the deputy, "I dropped my lighter."

When asked why he was standing in front of the front door, he said, "I picked up my lighter."

http://www.naplesnews.com/news/2012/...-mcdonalds-at/

[Crazy_n_NC]

He will get more time than a repeat child pornographer or a rapist oh yeah and stands to get to get more time than CASSIE ANTHONY!!! yeah he is a asshole or whatever but good god really???? tax payers in floriduh would rather keep this guy up for the next 5 or so yrs? i dont agree the previous charges were PETTy as well and who knows if they were $1 sodas as well.... he is homeless for fucks sake how many fre drinks do the employees give out to friends and family? Will they be charged with larceny as well?

[HeatherHabilatory]

He COULD HAVE stuck to water. But he had to push it. Businesses around that area probably know him well, as a repeat soda stealing offender. That eats into a restaurant's bottom line. You can't let everyone get away with it.

[Aena]

I have mixed feelings on this one. He is homeless, may be an asshole, whatever but he stole a $1 drink...like someone else said, how many drinks do the employees give away to friends and family? I talked before about a friend of mine who has spent half his life in prison for driving offenses, yeah he is stupid, can't control himself and has this urge to drive when he doesn't have a license. He gets locked up with murderers, has actually served more time than some murderers have all for driving offenses. He is 47 years old and has been in prison off and on for 25 of those years, he has never harmed a fly, he drives a car illegally. Because of his prior driving record, the last time he was pulled over for driving without a license he was sentenced to 5 years in prison, for a victimless crime. He is breaking the law, I can't argue that, but I just think it is stupid to give people who do not commit violent offenses more time in prison than people who do.

I think this guy deserves to be in trouble, I am just not sure about charging him with a felony for a $1 pop for McDonald's....

[cubby]

Three strikes and you're out and it's not like he didn't know that when he CHOSE to do what he did. Being homeless doesn't make you criminal, being a criminal does that. What do you think they should do with him, would you want him skulking around your neighborhood, doesn't seem he'd steal much, but he'd be stealing it constantly.

[Dakota Valkyrie]

he is homeless for fucks sake how many fre drinks do the employees give out to friends and family? Will they be charged with larceny as well?

There's an old saying "Two wrongs don't make a right". If the employees are doing something against the rules, they can lose their job for it. And if the manager is pissy, he can call the cops, too. I'm sure this wasn't this guys first time stealing from that McD's and he has worn out his welcome there.

The dude chose to break the law. He could have gone to the park and had free water... just like I do when I'm thirsty and don't want shitty fountain pop. Just because he's homeless doesn't give him the right to steal. The second arrest article shows he's obviously a "problem child" for the businesses and police in the area. If he can't behave, he needs a timeout.

[Whisper]

Any pity I initially had for him was gone when I read fully what hes been up to and continues to get into
Its like hes poking them with a stick

[cubby]

Exactly, @Whisper, poking them with a stick! Perfect analogy.

[TheMorningStar]

This guy is doing the smallest crimes possible to get himself three hots and a cot.

[JGo555]

Like a boomerang, for an asshole.

What's that song that Justin Timberlake sang to B. Spears? "What Goes Around..."?

Life is a circle, like an "o" in asshOle.

[JGo555]

Ever since cutting his glorious well recognized locks, having aged in the spotlight has made Mr. Michael Bolton fall on hard times.

Now that he dropped his professional name & his looks have started to decline, my question goes as to:

"What did he do with all the money? Did he squandered it in hairgel & Miami Vice suits?"

"When A Man Loves A Woman" was quite the hit. Still in this new century people can recall it. I was unaware that this hit failed to provide you with the buck that would've kept you jail free, Michael *ahem*, Mark...

[Rydo Larsson]

would be quite funny though to read an update on this story and he actually got 5 years for this lol you would have to laugh

[HeatherHabilatory]

@Aena your uncle needs to stop breaking the law, too. No damned pity here for either criminal.