$1 Felony at McDonald’s – The Other Side

$1 felony for not paying a cup of soda at McDonald's sounds ridiculous right?

So here’s the other side of the story: Mark Abaire claimed he wanted water but he was presented with a wide variety of beverages so he chose a drink that was going to cost him a little cash: the $1 soda. Then he went to the table outside to drink the soda but the manager approached him and asked him to pay $1. He refused to pay.

The manager called the police. They tossed the 52-year-old man in jail and charged him with $1 felony for the petty crime he committed.

Abaire is now facing years of jail time and/or a fine of thousand dollars.

You might be thinking, felony for not paying $1, is too much.

This is because Abaire had a couple of petty theft convictions already in the past and hitting the “three strikes” law in Florida aggravates the crime.

Mike Adams, the owner of McDonald’s in East Naples, issued the following statement:

“I take these matters seriously. As a local business owner, I have a responsibility to take appropriate steps to protect my business and keep my customers and employees safe.”

He also pointed out that Abaire was issued a trespass warning at the same McDonald’s in 2008.

The third-degree felony in Florida has a punishment of 5 years maximum in prison and a $5,000 fine. And it’s because of the $1 soda that he did not want to pay.

Photo Credit: McDonald’s

Check out this video about the $1 soda at McDonald’s:

11 Comments on $1 Felony at McDonald’s – The Other Side

  1. Hey you never know!!

  2. You want a soda, pay for it!  Bottom line!  Homeless or a millionaire, you ask for water and knowingly pour a soda, pay for it!
    Shouldnt have called cops, I would have made him sweep the floors, do the trash run and given him a large coke to go and tell him never to return.

  3. Its not the managers responsibility to keep track of other peoples past petty thefts (that’s the real reason why he is facing jail time, the manager didn’t “toss him in jail”). If the establishment has previous issues with the man (like in 2008) then they have all the right in the world to call the police, especially if he steals. Also the business must enforce these rules or it will become known that they give away soda and they WILL loose money, “give a man an inch and he will go a mile”. The man could have avoided this whole thing if he had just gave the manager a dollar! If he didn’t have the money he could have asked someone kindly. Its stupid to test someone if you are repeatedly in trouble with the law, especially if you know they will call the cops (as they did in 2008)

  4. three strikes law isn’t scary at all if you don’t continually break the law. also knowing there is a three strikes law you would think the guy would try a little harder to not be a criminal. 

  5. who said he was poor?  the manager could have told him no when he asked for the water cup but like you said the old man was thirsty and the manager was nice enough to give him a water cup. then the idiot criminal does what he does and took something he wasn’t supposed to. he was asked to pay for it and refused. It wasn’t  the manager that got him the felony charge. it was his stupidity continued disregard for the law

  6. They gave him a free cup, he stole a $1.00 item. Instead of throwing him in jail at taxpayer expense, they need to harvest some community service out of the guy. Pick up trash for 6 months.

    Do NOT put him in jail. Punishment is for children.

  7. I hate McD and their low quality food!!! They should all be in jail as poisoners of American people!!!!

  8. Johnwayne // April 25, 2012 at 11:38 pm //

    guy wanted free room and board

  9. Dieforit820 // April 25, 2012 at 11:35 pm //

    Look, this isn’t some older guy that got thirsty. He’d been tresspassed from the same location in the past and he has a history of larceny. Good for the manager! When did it stop being black and white? When did grey get so many shades. It’s ok to be liberal but at some point we have to find a place where just not being stupid is what is the norm. Stop making excuses for people.

  10. everybody knows if you work in fast food you get free shit. lets not act ignorant. for 1$.. perhaps it wasnt over the bill, but for the statement, and principals involved in this case.


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