A Juneau judge acquitted an unhappy McDonald’s customer accused of criminal mischief Tuesday, finding the state failed to introduce enough evidence to support the charge it levied.
Prosecutors said 19-year-old Tyler John Leatham angrily pushed over and damaged a trash can receptacle in the lobby of the fast food restaurant after he didn’t receive the correct amount of change back for his meal.
Leatham was charged with fourth-degree criminal mischief for intentionally causing damage to property in an amount of $50 or more, but less than $500.
Assistant Attorney General Chris Peloso said the receptacle cost about $940 to replace.
Peloso presented eye witness testimony to the six jurors that were selected early Tuesday morning, as well as a profanity-laced recorded phone interview where Leatham admits to police he became frustrated and overturned the trash can.
The owner of the McDonald’s franchise, William Laliberte, also testified, saying the trash can was damaged to an extent where it had to be replaced in order to maintain required company standards. Laliberte said in his sworn statement he did not obtain an estimate of the damage since he knew it would have to be replaced.
An invoice for the $940 replacement cost was submitted to the court.
But defense attorney Kevin Higgins argued the critical element for valuation under criminal mischief statutes is the amount of damage caused by the defendant, not simply the value of the damaged property.
The amount of damage has to be established through evidence showing either diminution in value or cost of repair, Higgins said.
“Diminution in value is measured by determining the difference between the pre-damage value of the property and the post-damage value of the property,” Higgins wrote in his motion to acquit which he submitted to the court after the state rested its case. “The cost of repair is also an acceptable method of valuing property damage.... Replacement cost is an unacceptable measure of the amount of damage.”
Juneau District Court Judge Keith Levy agreed and concluded the state did not present enough evidence regarding the amount of damage actually caused during the Dec. 20 incident.
“It’s sort of like if you had a 1978 Plymouth that got damaged and the cost to replace it — I think we would know that that would far exceed the current value,” Levy said. “Here, there’s no evidence from which I think a reasonable juror could figure out what the current value of the trash receptacle was before and after the alleged damage.”
“I don’t believe a reasonable juror could conclude that the amount of the damage here exceeded $50,” Levy added.
Leatham and the jury were excused before 1 p.m. and the charge was dropped.
Outside the courtroom, Leatham told the Empire it wasn’t even his money that was in question. Leatham said he and his friend were going through the drive-thru for breakfast around 7 a.m. that morning, and his friend accidently handed the cashier an extra $10 that he thought was a $1 bill.
His friend went inside the restaurant to talk to management, but to no avail. After waiting inside the car for 15 minutes, Leatham said he went inside to see what was going on.
One of the managers told Leatham she was going to call the police, which Leatham said made him frustrated. He pushed the trash can over on the way out of the door, a fact which Higgins told the judge he conceded.
One of the managers wrote down Leatham’s license plate number before he drove away, and she called police.
Leatham was later charged with fourth-degree criminal mischief, a class ‘A’ misdemeanor that can carry up to one year in jail.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (45)
Add commentcome on!
The correct procedure in managing cashiers is, when a customer insists they were short-changed and/or may have accidentally overpaid is to quickly swap out the cash drawers, count the first drawer down and compare it to what the computer says it should contain. If the drawer is over the disputed or similiar amount, the customer receives a refund. If not, then no refund. This should be handled quickly and professionally. Customers should not be expected to wait an excessive amount of time, be argued with, etc.
And lets be reasonable. A customer who kicks over a trash can should not be expected to be handcuffed, put on trial and ordered to pay $1k. It sounds like McDonald's failed to follow simple register auditing guidelines, then compounded the matter by escalating a frustrated customers response into a criminal manner.
If this is how our local Mickey D's handles these issues, I believe I will take my business elsewhere...
Logical finding
It's not clear what the 'company standard' is for trash cans. Maybe this one had a small scratch in the paint or a chip in the corner.
However, without having attended the trial, it sounds like all parties could have handled things a lot better. Instead we had to put our justice system and jurors through an expensive trial over some petty nonsense.
sounds
like everyone got an un-happy meal
michaelh2001
"come on" michaelh2001...
- What makes you an expert on cashier procedures? Do you have a degree in such matters? What is your basis for your assertions?
- Customers are a pain in the ___. One that goes the extra step to start damaging property should be treated with the respect he is showing. Cuff him!
- It's not "escalating a frustrated customers response into a criminal manner." It's a criminal "matter". Puuuhhleeeze get it right.
- McDonalds will not miss you.
@doog
Really?
"Customers are a pain in the ____?"
Sounds like either you don't own a business or the customer service of your business is in the trash. (pun intended)
Doog, please tell us which
Doog, please tell us which store you are an employee at, so we know where not to shop. It obvious the level of customer service we would get...
@doog
Doog-you have clearly articulated the problem with society today. COMMON SENSE does not (and should not) require a college degree! Get real!
missed point
The problem is not the garbage can, its the 19 yr old's behavior. Getting mad and damaging a garbage can because his friend had change problems? He's going to come across alot of problems in life way worse than this, if this is how he handles them, this wont be the last time he ends up in court.
Kiki
Thank you, Kiki, for finally showing some common sense. This isn't about a low-wage cashier having some difficulty with administering change, it's about a disturbed young man with an anger and behavior problem. This acquittal will empower this moron to continue such antics. No doubt this will not be his last appearance in a court room.
woof
Woof sounds like someone's in the dawg houze
Still - seriously?
Since when does ANY garbage can cost $940?
Michaelh2001 is right about McD's response, Kiki is right about the customers. Both are in the wrong.
Too easy...
Some of you (kpaws-ugh, suebenumby, piddleoftheroad and others) are so easy to rile up with inane comments. Yes, mine was inane but, so are the vast majority of what is posted in these comment sections and you react much the same way. I can just see you sitting in your jammies, coffee on the table, red-faced, hands on hips, mouth open and squealing "ohnohedidn't!!!" in your best hoodspeak. Relax and be happy you passed this simple test with flying colors.
Hugs and kisses....and yes, I know this post will be gone in 3, 2, 1....
I think you think we think about you
I think you think we think about you way more than we really do...
Questions...
Did the customer really turn in a $10 bill that he mistook for a $1 bill? How much did it cost the taxpayer to support this case in court?
My client's behavior
Add Mr. Leatham's name to the list of those who criticize his behavior.
The story references an profanity-laced phone call where Mr. Leatham admits to being frustrated and knocking over the garbage can. That was a call that was placed to JPD by Mr. Leatham and the other person who was in his car prior to JPD ever contacting them. They were honest and upfront about what happened, and wanted to explain their side of the story. Ofc. Garza testified to as much yesterday.
Having been a 19 year-old male in the not-too-distant past, I can tell you that it is/was difficult to control emotions and impulses. Mr. Leatham and his friend did not call police to excuse his behavior, though they did want to explain it. Mr. Leatham has had a lot of opportunity to think about what happened that day. While he still believes he was short-changed, he knows he has to learn from this event and act like the grown-man he is becoming. I know I would be embarrassed to be thought of only as the 19 year-old version of myself.
One of the greatest part of my job is getting the opportunity to speak with and learn about the people who are simply charactertures of stereotypes to others. Another part is watching people learn from their mistakes as they move forward in life. It's hard to explain to people who read stories written by people who are on the sidelines, but it's worth the effort.
I don't comment often...
This is head scratching to me. $940.00 for a trash can? And a missing $10 bill. McDonalds could have EASILY counted the till... Problem solved. On the flip side...getting all riled up over $10 is stupid. More stupid because it was his friends $10 bucks. Mr Leatham could have have taken so many other approaches to this. 20 years old and your "that guy that freaked out at McDonald's over $10 bucks"
One more thing
Mr. Higgins, why didn't your client feel then need to act "like a grown man" on his last property damage case? Could have saved him the headache , right?
Disorderly conduct
Even if he was short-changed, accidentally or intentionally, this does not excuse his behavior.
He should have been charged with disorderly conduct and willful destruction of property. He admitted to it. Why didn't McDonald's or JPD charge him?
And it doesn't matter about the magnitude of the crime. If he truly thought he was innocent, he is constitutionally guaranteed his date in court to tell his side of the story, even if it is petty.
A bumper sticker: "In order to be old and wise, one must first be young and stupid." We've all been 19.
I hope he absorbed some of the wisdom in all of this.
Mr. Higgins
Mr. Higgins, I call BS. Your client threw a fit in a private business, destroying private property. You act as if it's perfectly normal for a 19 year old man to behave in such a manner. Someone trying to "explain" such behavior is also unlike to unleash a profanity laced diatribe to the police. Congratulations on getting your client off on a technical definition of a required element, but the basic facts still remain - you represent a disturbed young man with a severe anger and behavior problem who destroyed private property in a fit of unreasonable rage and discontent. Kudos to you.
Of course, he has admitted to
Of course, he has admitted to acting stupid, but we havent heard anyhting about the person behind the counter. I know I have personally had dealings with Customer Service personnel that would have put the Dahli Llama into a rage fueled whoopin. (American Airlines damaged baggage desk in Miami, for example)
SMH
Dalai Lama.
Agree with Michaelh2001
Well I agree with Michaelh2001, Doog. This happened to me not so long ago. I went through the drive thru and after I picked up my meal drove around front realized I was short-changed $20.00. I went inside and the manager said she couldn’t’ do anything. I suggested she count the till and compare the funds to the beginning of the cashiers shift. Was told that would have to wait until the shift was over. Finally she gave me a $20.00 bill; I gave her my driver’s license # along with phone # and told her to call me if I was wrong. Never heard from them.
Doog, Whatever.
Doog, Whatever.
Whatever?
It's not Jeezus Krist, Booduh or Awlaw. Respect the correct spelling.
Haven't you heard the
Haven't you heard the customers always right lol, even the judge thinks so lol
So you are the spelling and
So you are the spelling and grammar police? Its a freakin blog. I am not going to take the time or mental energy to make sure everything is perfect. Get a life...
Whatever, to the second power
Think you forgot the please part there doog1999.
FYI, proper spelling grammar and punctuation are optional on this board. I know it's not in the 'rules', but let's don't be a turd about it. You knew who kp meant, as did we, with your intentional misspellings. I prefer Jeebus myself.
For the record, I agree with the point you make to respect the proper spelling.
It's an internet forum.....relax!
And beside that doog1999.
Many of us are doing this from our iphones, we can't be bothered by precisely proper, we're trying to drive too....right kp.
When people can't think...
...of anything substantial to add to the discussion, they point out spelling and grammar errors of others.
How incredibly petty.
Unrelated question...
Why do I see so many people referring to the Empire's comment section as a "blog"? It isn't a blog, it's a comment section. There is quite a difference. I also saw a comment recently from someone who no longer lives here, but who keeps up on the news from "the newspaper's email". I have to assume he meant this website. Are people really that confused about basic language?