OH Supreme Court: Man took leaf blower so brazenly, it wasn't burglary
Source: Associated Press
Court: Man took leaf blower so brazenly, it wasn’t burglary
May 3, 2023
COLUMBUS, Ohio (AP) — An Ohio man acted so brazenly when he stole a $500 leaf blower from a residence that it wasn’t a burglary, the state Supreme Court ruled Wednesday.
In their unanimous decision, the justices found that because Donald Bertram did not use “force, stealth, or deception” to commit the crime, he should instead be convicted of the lesser offense of misdemeanor criminal trespassing, which could bring him less than a year in jail.
According to court documents, a Portsmouth homeowner was working on his property in September 2020 when he heard the loud muffler of a passing car. He went inside the house to get his cellphone and, when he came back outside, he made eye contact with Bertram, the driver of the car.
Bertram drove past the home but then turned around and parked on the road near the driveway, then started walking up the driveway to the home’s open garage. The homeowner said Bertram was smiling, acting “very cavalier” and had “no sense of urgency” as he walked into the garage, took the leaf blower and walked back to his car.
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Read more: https://apnews.com/article/ohio-supreme-court-burglary-conviction-vacated-blower-b4e057f3211c1c50881046790c9b5d50
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