McDonald's soda theft, Mark Abaire is looking at a possible multi-year prison sentence for ordering a free water at McDonald's then filling his cup with soda instead The 52-year-old Naples, Fla., resident has a history of theft convictions and thus was charged with a felony instead of misdemeanor petty theft It was the ultimate heist: ask for a free cup for water, but fill it with soda.That's the alleged plot that 52-year-old Mark Abaire hatched on Thursday before he was caught by Florida McDonald's employees and charged with felony theft, the Naples Daily News reported.

Abaire -- whose aliases include Red, Clown Red and Clown -- entered the Naples franchise at about 10 p.m. and asked for a cup of water. Then he allegedly snuck some pop into the cup, despite a conversation with an employee that he couldn't do so, the Sun Sentinel reported.

The soda was valued at $1.

"Clown Red" allegedly refused to leave the burger joint, so a manager called cops.

Abaire was charged with felony petty theft because he had previous theft convictions, among other crimes. He was also charged with misdemeanor counts of trespassing and disorderly conduct. He faces five years in prison and a $5,000 fine.
So you're saying that stealing a $1 soda can lead to a felony charge? Well, yeah. Here's how, as reported by the Naples Daily News:
After filling a courtesy cup with soda Thursday at the McDonald’s soda fountain and then leaving the restaurant, Mark Abaire, 52, of the 500 block of 14th Street North, was arrested by Collier deputies and now faces a felony theft charge, a sheriff’s report shows.
Really? A felony?
A manager told sheriff’s deputies that Abaire entered the store and asked for a glass of water around 10 p.m. Although the employee told him the cup was for water, Abaire filled it with soda at a fountain machine and sat outside the restaurant, according to an arrest report.
During a conversation with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.
Okay, wrong, uncool, but a felony? Please explain.
While his charge is petty theft, because of previous petty theft convictions, the charge for drinking the unpaid-for soda was increased from a misdemeanor to a felony, the arrest report shows. In Florida, a third-degree felony can result in a sentence of up to 5 years in prison and a $5,000 fine.
Seems a little harsh, even for an enhancement, no? And to add to this gent's woes ...
Abaire faces additional misdemeanor counts of trespassing and disorderly intoxication. On Saturday, he remained in the Collier County jail with bond set at $6,500.
You'll find the source, and a mug shot, here.
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Washington DC Injury Lawyer John B. Mesirow represents injured accident victims in Washington DC, Maryland and Northern Virginia. His practice includes Car Accidents, Bike Accidents, Boating Accidents, Brain Injury cases, Construction Accidents, Dog Bite cases, Medical Malpractice, Motorcycle Accidents, Trucking Accidents and Wrongful Death cases. John Mesirow was named a "Top Lawyer" by Washingtonian magazine and aggressively represents his clients.
A Naples man faces a felony charge after he was accused of walking out of the McDonald’s in East Naples without paying for a cup of soda.

After filling a courtesy cup with soda Thursday at the McDonald’s soda fountain and then leaving the restaurant, Mark Abaire, 52, of the 500 block of 14th Street North, was arrested by Collier deputies and now faces a felony theft charge, a sheriff’s report shows.

A manager told sheriff’s deputies that Abaire entered the store and asked for a glass of water around 10 p.m. Although the employee told him the cup was for water, Abaire filled it with soda at a fountain machine and sat outside the restaurant, according to an arrest report.

During a conversation with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.

While his charge is petty theft, because of previous petty theft convictions, the charge for drinking the unpaid-for soda was increased from a misdemeanor to a felony, the arrest report shows. In Florida, a third-degree felony can result in a sentence of up to 5 years in prison and a $5,000 fine.

Abaire faces additional misdemeanor counts of trespassing and disorderly intoxication. On Saturday, he remained in the Collier County jail with bond set at $6,500.