McDonald’s Soda Theft Could Land Man in Jail For Five Years

Three strikes laws and their brethren are controversial, and the story of a McDonald’s courtesy cup used for soda and not water in Florida is one of the kind that make people think the statutes aren’t always a great idea.

52-year-old Mark Abaire of Naples was arrested after a trip to McDonald’s gone terribly awry. According to local news sources, Abaire visited the East Naples McDonald’s location on Thursday night at about 10PM. Abaire asked for a “courtesy cup,” a smaller cup specifically used for customers that wish to drink tap water and don’t want to pay $2 for a fountain cup to do so. And while an employee specifically warned Abaire not to use the courtesy cup to snag some soda, police say the Naples man still stole about $1 worth of soda from the McDonald’s soda fountain.

While the practice is definitely stealing and not cool, due to prior convictions for petty theft (this dude wasn’t stealing cars, or more to the point, pensions), Abaire is facing five years in prison and a $5,000 fine. Which again, yes, stealing is bad- but given the massive pain faced by Americans overall due to the criminal actions of a few bankers, it seems rather… classist.Naplesnews.com reports on the heinous soda theft in detail:

“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.”

Abaire is currently jailed in lieu of $6,500 bond.