The Clark County Prosecuting Attorney’s Office announced Friday that a 14-year-old alleged shoplifter — whose detention by WinCo loss-prevention employees was captured on video and went viral on social media — will not face felony charges.
Vancouver police arrested the girl July 8 after she allegedly stole candy from the store at 905 N.E. 136th Ave., and referred a charge of second-degree robbery to the prosecuting attorney’s office.
But the point of contention, after a bystander’s cellphone video of the stop went viral, was how loss-prevention employees handled the situation. Many viewers argued that the employees were too rough with the girl.
Two loss-prevention officers stopped the girl outside the store, court records state, but she fought with the employees as they tried to detain her. Both employees reportedly sustained minor injuries in the scuffle, and the girl suffered a scraped knee and elbow, police said.
In Washington, most “simple” thefts — theft of property or services with a value less than $750 — are charged as third-degree theft, a gross misdemeanor. However, the charge can be upgraded to robbery when there is use or threats of force, violence or fear of injury involved.
On Friday afternoon, the prosecuting attorney’s office issued a statement to The Columbian saying that the girl allegedly stole $6.56 worth of candy from the WinCo.
“Our office has now reviewed the reports and evidence and finds insufficient evidence to support the filing of robbery. As such, the case is being referred to the juvenile department for review (of) charges of theft and resisting arrest. Since the matter is ongoing, we have nothing further to state at this time,” the statement reads.
Prosecutors say that among the evidence reviewed was video of the incident.
The bystander’s video of the altercation, which was posted to Facebook the same day, shows loss-prevention officers detaining the girl as she tried to leave the store, and attempting to bring her back inside. Several bystanders can be heard yelling at the employees about using excessive force, as they struggled with her on the ground, and not having the authority to detain the girl.
The original video posting appears to be no longer available, but at one point, it amassed 10 million views, more than 69,500 shares and 67,800 comments.
WinCo also provided responding police officers with video of the alleged theft and fight, according to an affidavit of probable cause filed in Clark County Juvenile Court.
After interviewing witnesses and reviewing video footage, police said they determined that no one saw loss-prevention employees assault the girl or use excessive force. Loss-prevention employees were unable to handcuff the girl because she was fighting them, police said.
A statement issued by WinCo to The Columbian’s news partner KATU-TV said that the suspect’s attacks occurred before the footage shot and shared on social media.
Juvenile department
The girl was scheduled to be arraigned Monday in juvenile court but that hearing will be canceled, in light of the prosecution’s decision.
Eric Gilman, a program manager for Clark County Juvenile Court, said he could not comment on the specifics of the girl’s case. However, he did explain the process for cases referred to the juvenile department.
There is an understanding between the prosecuting attorney’s office and juvenile probation that all misdemeanor and gross misdemeanor cases are handled directly by juvenile probation. All felonies are handled by the prosecuting attorney’s office.
An intake manager with the juvenile department reviews the cases and decides whether to pursue them in court or through diversion. Juveniles who are facing their first misdemeanor or gross misdemeanor offense are legally entitled to a diversion program, Gilman said.
Diversion typically lasts 90 days and involves some type of class — which depends on the offense — and community service, in conjunction with a local organization. After completing diversion, the juvenile must stay out of trouble for two years in order to have their record wiped clean.
“We want young people to learn from their behavior and know that their behavior has impacts,” Gilman said. “What harm did you do? Who did you harm? And how do you take responsibility…?”
It’s unclear if the girl will qualify for diversion.
