Ahead of Proposition 36 vote, state data show retail theft offenders aren't tracked after arrest

Ahead of Proposition 36 vote, authorities information show astir arrested for unit theft are cited and released

Ahead of Proposition 36 vote, authorities information show astir arrested for unit theft are cited and released 04:28

SACRAMENTO — Governor Gavin Newsom announced past month that California's Organized Retail Crime Task Force (ORCT) had made much than 1,000 arrests successful 2024. For much than a month, CBS News California has been trying to find retired what happened to those group aft their arrests.

No 1 - not nan Governor's Office, nan lawyer general, nor nan California Highway Patrol (CHP), which runs California's task force  - could show america really galore of nan group arrested for unit theft were sentenced, fto unsocial really galore showed up to court, went to jail, received treatment, aliases re-offended. None of nan agencies could moreover supply nan names of those 1000+ people, truthful we could not independently way them down.

The CHP did supply apprehension statistics, which uncover that retired of nan 1,126 arrests made by nan Organized Retail Crime Task Force arsenic of early October, much than half (684) were cite-and-releases, which intends those offenders received nan balanced of nan summons and a announcement to look successful court. District Attorneys opportunity galore of those group ne'er show up successful court. 

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• Fact-checking claims astir California's Proposition 36: What it intends for supplier arrests
• Fact check: Proposition 36 supporters opportunity it will combat California's unit theft. Here's what to know.
• How a young woman's representation became a focal constituent successful California's Prop 36 fight

A week earlier California voters determine connected nan tougher-on-crime Proposition 36, Gov. Newsom held a virtual news convention Monday to denote that much than 10,000 arrests over nan past twelvemonth by section rule enforcement agencies statewide. These arrests were for various crimes, but he attributed them to nan hundreds of millions of dollars California invested successful cracking down connected organized unit theft (ORT) past year. 

Newsom awarded astir $267 cardinal worthy of grants to 55 California cities and counties successful October 2023. The politician said that money "has generated 10,128 arrests and counting conscionable from nan section rule enforcement efforts." Of those arrests location were "nearly 8,000 for organized unit theft," according to nan governor's office.

However, what nan politician couldn't quantify for reporters connected Monday is what happened aft those arrests were made. CBS News California has learned that nary 1 is keeping track. 

What happens to nan unit theft offenders? 

"They travel retired pinch this large property release, they denote each these arrests, and then, poof, you don't cognize what happens," erstwhile Sacramento County District Attorney Anne Marie Schubert said successful consequence to nan Governor's property release. 

Schubert is nan co-chair of nan Yes connected Proposition 36 campaign, a ballot measurement that would fortify penalties for definite theft and supplier crimes. She has been captious of nan state's effort to ace down connected unit crime and points to nan CHP data, which show more than 60% of people arrested by nan unit crime task unit were cited and released. 

"When they're fixed a ticket, 50-75% of them ne'er moreover show up [to court]," Schubert said. She pointed to statistic cited by nan Sacramento County Sheriff and District Attorney's offices, which show nan region presently has much than 30,000 chair warrants for group who don't show up. 

"That tells you 30,000 group person ne'er travel to court," she explained. "If you took that number and expanded it statewide, we're astir apt talking hundreds of thousands." 

"They walk each this money and get nary consequences," Schubert said, referring to nan authorities money spent connected these investigations and arrests.      

"Crime does pay"

In immoderate cases, group are arrested, particularly for large-scale organized unit theft crimes that tin return years to investigate. 

The infamous California Girls lawsuit quickly went viral earlier this twelvemonth aft Attorney General Rob Bonta publicized nan story of a unit crime ringleader who was besides a suburban mother of three. 

Michelle Mack ran a 21-county, multi-million dollar unit crime ringing retired of her San Diego mansion. She paid women to bargain high-end cosmetics and handbags from stores for illustration Sephora and Ulta, which she past sold connected Amazon. 

Mack and her husband, Kenneth Mack, were among nan thousands of arrests publicized by Newsom. 

Both of nan Macks pleaded blameworthy and faced up to 5 years successful prison. The judge ordered nan Macks to salary much than $3 cardinal successful restitution and enactment distant from Ulta and Sephora stores. 

However, Michelle received a suspended condemnation truthful she could enactment location pinch her teenage daughters while Kenneth served his sentence, which he served successful region jail, not prison. Jail records show that Kenneth Mack was booked successful June and is group to beryllium released successful December. 

It's still not clear really overmuch of Michelle's suspended condemnation she will yet serve, but she is expected to person nan aforesaid condemnation arsenic her husband.  It appears he'll only service six months of his five-year sentence.  

CHP says nan agency spent years and hundreds of man-hours investigating nan crimes. 

"Crime is paying for these folks, and they cognize it," Schubert said. "You person to clasp them accountable because if not, past conjecture what? Crime does pay."

However, Captain Jonathan Staricka, a CHP typical operations commander, argues that location is worth successful nan apprehension alone. 

"What we can't spot and what we can't measurement is really overmuch did we forestall by making that arrest," Staricka said. "Do you consciousness that there's a occurrence complaint erstwhile we apprehension this galore individuals? Or was it amended erstwhile we didn't?"

Schubert agreed pinch Staricka connected that point. 

"I springiness in installments to CHP for nan activity that they're doing," Schubert stressed. "But if we're going to walk these resources… [the authorities has] to travel through."

Schubert pointed to Lawrence Fountain, nan alleged ring leader successful a drawstring of convulsive robberies terrorizing Target and Walmart employees.

Fountain had 2 anterior convulsive convictions and, according to authorities situation records, would person still been successful situation connected nan day of his latest apprehension if he'd served his afloat condemnation for his erstwhile crimes. However, he was released from situation pinch credits much than 2 years early under California's situation crediting system.   

He had respective different caller pending cases erstwhile nan Attorney General's agency charged Fountain pinch 29 counts past year, including charges for convulsive felonies and organized unit theft. The Attorney General past dismissed each but 1 of those charges, including nan complaint of Organized Retail Theft.   

We reached retired to Bonta's agency to inquire astir his determination to disregard nan 28 charges. A spokesperson for nan lawyer wide explained that respective factors are weighed successful prosecutorial decisions, including nan nationalist information consequence a suspect would pose, what nan disposable grounds is, nan interests of nan victim, and immoderate consequence associated pinch probation aliases incarceration successful a plea bargain. 

"Based connected each these factors, this authorities situation condemnation was an due disposition," nan spokesperson concluded. 

Fountain pled blameworthy to conscionable 1 robbery complaint and received a six-year situation sentence, but it's not clear really overmuch clip he'll serve. 

Records show Fountain is presently serving 1 twelvemonth successful region jailhouse for a abstracted lawsuit prosecuted by nan Los Angeles County District Attorney. When he is transferred to authorities situation astatine nan extremity of that sentence, he'll get pinch an eight-month in installments for clip served. Then, he'll apt person an further one-third to one-half condemnation simplification based on California's existent situation crediting strategy nether Proposition 57, which was passed by voters successful 2016.   

"To springiness him 1 count and disregard nan remainder is not only outrageous. That individual deserves astir apt nary little than 20 years successful authorities prison. He's a vulnerable quality being, Schubert said, adding, "Crime is paying for these folks, and they cognize it."

Organize Retail Theft

Many territory attorneys reason that California's Organized Retail Theft (ORT) statute, amended by California lawmakers successful 2021, is not an effective instrumentality to complaint offenders because it's excessively analyzable to prove.

Yolo County District Attorney Jeff Reisig called it a "junk statute," explaining that it requires grounds of aggregate analyzable elements that are seldom established by investigations and simply do not beryllium successful nan immense mostly of unit crimes. 

Data provided by nan California District Attorneys Association indicates that astir California counties had zero felony ORT convictions successful 2023. Even ample counties for illustration Sacramento, San Bernadino, Santa Clara, and Ventura show single-digit ORT convictions. 

Notably, successful nan Fountain case, nan Attorney General's agency dismissed nan 1 ORT charge.

Of 36 caller organized unit theft defendants publicized by California Attorney General Rob Bonta successful property releases from his office, CBS News California identified sentencing accusation for astir half. 

A CBS News California study recovered that astir a 4th of those who were sentenced received probation without jailhouse time. Sentences for nan remaining defendants ranged from 2 days to 10 years. However, the 1 10-year sentence was based connected aggregate carjacking and different convulsive convictions, not nan organized unit theft conviction. 

What happened to nan others arrested this twelvemonth for unit crime?

Fountain and nan Macks are conscionable a fewer of nan caller organized unit theft ringing leaders who were arrested for their crimes. In astir cases, search down nan sentencing accusation is simply a analyzable multi-agency process. 

CBS News California spent weeks cross-referencing records done aggregate agencies and sources to find retired what happened to nan 3 suspects featured successful this story. Even officials astatine nan agencies we worked pinch had trouble uncovering meticulous information. 

So, what happened to nan different 1000+ group arrested by California's Organized Retail Crime Task Force? 

CHP Captain Jonathan Staricka said that is "a analyzable question." 

Staricka explained that aft task unit officers make an arrest, they manus nan lawsuit disconnected to prosecutors, and if there's a conviction, nan lawsuit is past tracked by nan authorities situation system, region jails, aliases nan probation department, depending connected nan sentence. Centralizing that information would beryllium challenging, he noted. 

Proposition 36 "is a abstracted conversation"

Strengthening penalties for unit theft and cracking down connected repetition offenders are portion of what supporters of Proposition 36 dream nan ballot measurement will accomplish. 

Specifically, they reason that accrued penalties nether Prop 36 will consequence successful less group being cited and released and much group really being arraigned for alleged crimes. 

However, contempt being questioned many times Monday astir nan initiative, Newsom stressed that Proposition 36 "is a abstracted conversation" from organized unit theft and nan statistic from nan CHP task force. 

"I dream you'll return a bully look astatine progress," Newsom continued. "We dream that will proceed again, abstracted and supra thing that happens pinch that initiative." 

We wanted to inquire nan politician what it would return for him to nonstop 1 of his authorities agencies to publically way what happens to nan thousands of group arrested for unit theft successful California, including really galore show up to court, are sentenced, person treatment, aliases re-offend. However, his squad did not prime america to inquire a question.

"Why is it truthful difficult to get this accusation retired of our lawyer wide aliases retired of our governor, who's taking this very proactive domiciled saying that we're cracking down connected organized unit theft?" Schubert questioned. "Why is it truthful hard?" 

Gov. Newsom's agency did not respond to our petition for remark aliases to our repeated requests for an interview.

In:
• Julie Watts Investigates
• Gavin Newsom
• KCAL News Investigates
• Retail Theft
• Julie Watts
• KPIX Investigates
• CBS California Investigates
• California
• CBS13 Investigates