A shoplifting tale

Local merchants say they’ve invested in tighter security systems and training to combat costly thefts.

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Local merchants said an outright ban would have significant financial implications. — File photo by Ralph Stewart

On a recent morning, Ivana Mihaylova sat in Edgartown District Court, dressed stylishly in a black dress with light pinstripes. Three things looked a bit out of place on the attractive 22-year-old woman, a native of Macedonia, who listed her current residence as Hyannis. First, her hair was a bit disheveled. Second, she had an expression of tired bewilderment. Third, she had handcuffs around her wrists and shackles around her ankles.

Ms. Mihaylova spent the night in jail, awaiting arraignment on a charge of shoplifting.

Less than 18 hours earlier, according to a police report, Ms. Mihaylova and a friend wandered into the Tease Clothing Outlet at 10 Circuit Avenue in Oak Bluffs. She removed several items from the racks, and entered a fitting room to try them on. She left the fitting room, got more clothes, and went back to try those on. She returned most of the items after leaving the fitting room, went to the register, and paid cash for an inexpensive key ring, according to Harry Datta, co-owner of the clothing store. Though he realized Ms. Mihaylova came out of the fitting rooms with one less item than she went in with, no crime was committed until she left the store. He confronted her outside the store, and called police.

“Mihaylova subsequently left the store wearing a tank top that she did not pay for under her outer clothing,” Officer Chris Wiggin wrote in his police report. “I was informed that Mihaylova was still wearing the item. The tank top was valued at $10 and was no longer saleable. Mihaylova told me that she had forgotten she was wearing the tank top when she left. I found this to be implausible.”

Denial factor

Officer Wiggin arrested Ms. Mihaylova and took her to the Dukes County Jail for booking.

Some elements of this shoplifting case are classic examples of how shoplifters steal, and how they get caught. Many shoplifters pay for some items, and steal others in the same visit. Multiple items in multiple trips to a fitting room are a classic technique.

Other elements of the case are more unusual. When confronted by the store owner, and later by police, Ms. Mihaylova was unusually recalcitrant. The owner told police that Ms. Mihaylova’s friend tried to convince her to return the item she had taken. “The unidentified woman offered to pay for the item that her friend had taken and repeatedly asked her to give it back prior to police arrival,” Officer Wiggin wrote.

Ms. Mihayla refused, and even after she was placed in handcuffs, seemed oblivious to the trouble she was in, according to the police report.

“Mihaylova expressed no remorse and only seemed concerned with her travel arrangements,” Officer Wiggin wrote.

Mr. Datta said he often calls police to deal with shoplifters. In this case, he said, because of the low value of the item stolen, he would probably have not called authorities if Ms. Mihaylova had returned the item.

“She was wearing the tank top, and she still told police she didn’t take it,” Mr. Datta said.

In court, still apparently a bit confused about the whole ordeal, Ms. Mihaylova stood when the clerk called her name for arraignment. Presiding justice H. Gregory Williams asked her if she was willing to settle the case that day. The prosecutor agreed to dismiss the charges upon payment of $50 in court costs. A court officer stepped forward to remove the handcuffs, and Ms. Mihaylova walked downstairs to pay the fees and walked out of the courthouse.

Security works

Several merchants interviewed said they have taken measures to prevent shoplifting in recent years, including installing security cameras, training staff, and using anti-theft tagging devices on merchandise.

“It used to be a big problem,” said Ann Soper, owner of Nell and 20 Main, neighboring women’s clothing stores on Main Street in Edgartown. “But we have security cameras now, and the word got out.” Before the new security measures, she remembers chasing shoplifters down the street, and once encountered a professional shoplifter who was caught after stealing hundreds of dollars worth of merchandise from several stores.

Sheila Allen Styles, who owns a women’s accessories shop in Edgartown, originally installed cameras to keep an eye on her small shop while she or her staff were working in an office at the rear of the narrow store. Several monitors throughout the store show views from eight prominently displayed security cameras, easily visible to customers.

“One of the reasons is deterrence,” Ms. Allen Styles said. “I have eight cameras.”

Suzanne Jakel, manager at the Boneyard Surf Shop in Edgartown, said in recent years the store began using electronic security tags, which are fastened to merchandise. The tags are removed when customers pay for the items, but if clothing with a tag still attached goes out the door, an alarm sounds. The security measures have significantly cut down on shoplifting.

“We tag everything,” Ms. Jakel said. “It’s really not a problem.”

Mr. Datta, co-owner of Teaze Clothing Outlet, trains his staff to be watchful and count the number of items taken into fitting rooms, but he said security systems are too expensive and time consuming for his business.

“We get shipments of 100 dozen, 200 dozen T-shirts,” Mr. Datta said. “It would take two or three days to tag them all.”

Shoplifting 101

Shoplifting is defined broadly under current Massachusetts law to include taking merchandise out of a store, concealing merchandise with the intent to steal, or altering or switching price tags. An unusual provision of the law defines removing a shopping cart from a store premises as shoplifting.

Law enforcement officers can make an arrest for shoplifting if, in their judgement, there is probable cause to believe the crime occurred. The law says if a merchant makes an accusation of shoplifting, that counts as probable cause, and is justification for an arrest.

Massachusetts law provides for a wide range of sentences if convicted of shoplifting. For stealing goods worth less than $100, a court may impose a fine of up to $250. For a second offense, the fine is a minimum of $100 but not more than $500. For a third offense, a shoplifting conviction is punishable by a fine of up to $500, and up to 2.5 years in a house of correction, or both.

For shoplifting goods worth more than $100, even a first offense, a court can issue a fine of up to $1,000 or a jail sentence of up to $2.5 years.

A merchant may also sue a shoplifter in civil court, and receive punitive damages of $50 to $500, in addition to the actual damages, such as the cost of merchandise stolen.

Ms. Mihaylova’s case involved a relatively small amount of stolen merchandise, and the court had no indication of previous offenses. Similar cases are often settled with similar dispositions. But there is no standard disposition, according to Cape and Islands First Assistant District Attorney Michael Trudeau. Each case is handled differently.

“A recommendation for the resolution of a criminal case is made after an assistant district attorney makes a complete and thorough review of all relevant and available case information that is provided in police reports, victim/witness statements, and the probation department,” Mr. Trudeau said in an e-mail statement. “Additional factors that are taken into consideration when arriving at an appropriate sentencing recommendation are the overall nature and circumstances of the offense, the defendant’s criminal record or lack thereof, the potential penalty that the statute allows for and whether the property was recovered.”

Stealing statistics

According to the Massachusetts State Police Crime Reporting Unit, the number of shoplifting cases on Martha’s Vineyard has declined in recent years, from 47 cases known to police in 2009, to 23 cases in 2013. The statistics are voluntarily reported by local police departments, and do not necessarily represent convictions for shoplifting. Though it is difficult to quantify, research shows most law enforcement statistics significantly underreport the number of shoplifting incidents. In many cases, especially if shoplifters agree to return the merchandise and it is still saleable, merchants do not call police. In many cases, shoplifting crimes are not discovered until the shoplifters are long gone, and merchants assume police can do little about it.

The National Association of Shoplifting Prevention is a non-profit group whose mission is to raise awareness, provide assistance to courts and communities, and conduct research into the causes and solutions of shoplifting.

According to the association’s research, there is no such thing as a “typical” shoplifter. Men and women shoplift in about equal numbers, and most, about 75 percent, are adults.

Only about 3 percent of shoplifters are professionals, who steal as part of an organized effort and resell the stolen items at a profit, but professional shoplifters account for about 10 percent of the total losses.

Habitual shoplifters steal once or twice each week, on average, and get caught only once in every 48 times they shoplift. Only about half the cases are turned over to police.