Man pleads innocent after allegedly shoplifting
Toolbox
By STEPHANIE M. PETERS STAFF WRITER - Published: November 16, 2009
After John Burke was caught allegedly stealing a Columbia jacket and comforter from J.C. Penney on Wednesday, he fled police custody and hid in the Diamond Run Mall parking lot, knowing that with an arrest warrant out for him he'd be going to jail, according to a police affidavit.
Soon after, Burke was found hiding in his sister's car and was arrested on misdemeanor charges of retail theft and resisting arrest.
Still, his attorney, Joyce Brenner, argued at his Thursday arraignment that Burke did not pose a risk of flight and should be held on $10,000 rather than $20,000 bail.
"He's living with his sister, he has an address and a phone number, he's a longtime resident of Rutland and he did surrender to police (on Wednesday)," Brenner said.
Deputy State's Attorney Kevin Klamm, however, pointed to a criminal record that dates back about 30 years and includes "myriad felony convictions as well as an escape from furlough in 2005."
Klamm also cited Burke's flight Wednesday as he was being walked unrestrained by Sgt. Richard Putnam to the Sheriff's Office in the mall.
"Mr. Burke did put up his hands, but only after the officer had drawn his weapon," Klamm said.
Judge Nancy Corsones echoed Klamm.
"To the court's sense, this is flight personified," she said. "I don't think there can be any dispute."
Bail was set at $20,000. Burke pleaded innocent to both charges.
According to police affidavits, loss prevention officers at J.C. Penney observed Burke at about 1:45 p.m. Wednesday as he walked through the bedding department with a rolled up $200 Columbia winter jacket in his hand. He also picked out a $240 comforter before walking toward the store entrance to the mall.
Loss prevention officers stopped Burke outside the store. He turned over a pair of wire cutters that were used to cut wire cable from the jacket, according to the affidavit. Burke filled out a J.C. Penney acknowledgement form, which is "basically a written confession by the defendant that he did, in fact, steal the alleged property," before he was turned over to Putnam, Putnam wrote in an affidavit.
It was as Putnam was walking Burke to the Sheriff's Office that Burke ran out the mall's employee entrance and into the parking lot, according to Putnam. As Putnam was searching the parking lot, a mall employee called him and pointed out the vehicle in which Burke was hiding.
Once apprehended, Putnam said, he asked Burke why he ran. Burke said "that he knew he was going to jail because he believed there was a warrant for his arrest," according to Putnam.
That warrant was issued by Judge Thomas Zonay in late October after Burke failed to appear in court on a Sept. 14 felony charge of first-degree aggravated domestic assault.
Corsones explained during the arraignment that Burke allegedly "violently assaulted" a man he was living with in a dispute over an EBT card, sending the victim to the hospital with a 1.5-inch laceration on his head and a half-inch laceration under his eye.
stephanie.peters@rutlandherald.com
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