Repeat offenders continue to frustrate merchants, police and the Lunenburg County prosecutor, creating an unfortunate choice between incurring the expense of incarceration for the county or allowing the offender to remain free to commit additional crimes.

Ricky Lee Shaw,  a 43-year-old man of 227 West Third Avenue in Kenbridge, was sentenced recently in Lunenburg County Circuit Court on one felony count of shoplifting as a third or subsequent offense of larceny to five years in prison with all suspended except 11 months in jail as a result of stealing two sub sandwiches from a Kenbridge convenience store.

Lunenburg County Commonwealth’s Attorney Robert Clement said Shaw was employed at the time, and is considered a good employee, but inexplicably stole the subs.

Shaw will be allowed the option of the work release program which he will have to pay for from his paycheck.

The sentencing guidelines for Shaw’s conviction recommended a mid-point of one year, eight months and a range of 11 months to two years, six months.

According to Clement, first offenders of shoplifting normally get community service, and second offenses may earn some jail time, but a third or subsequent offense has been declared a felony by the legislature and carries up to five years in prison.  

Shaw had nine prior felony convictions and seven prior misdemeanor convictions, including grand larceny, forgery, uttering a forged check, felonious assault, damaging property, petit larceny, probation violation and other convictions.

 

“As I have said before,” said Clement,  “It is ridiculous, and it is a drain on taxpayers’ money to have to house guys like this in jail, but they apparently feel a sense of entitlement and have no conscience about taking what belongs to others. How many other times do they get away with shoplifting before getting caught? They leave us no choice but to incarcerate them to keep them out of the stores from committing more larcenies and to serve as a warning to others.”

According to a summary of evidence provided in Lunenburg County Circuit Court, an employee of the convenience store saw Shaw take two sub sandwiches and put them down inside the front of his pants. When confronted by another employee, Shaw produced one of the sandwiches, and was reminded by the employee that two had been taken. He then pulled out the second one.

An additional suspended sentence of four years and one month was imposed under which Shaw is subject to conditions of good behavior for five years, including abstaining from and not possessing illegal drugs, supervised probation upon his release for one year, warrantless searches and seizures, restitution and staying off the property of the store for five years, according to Clement.