In early January, a security guard working at Marshalls in Northeast Albuquerque called an Albuquerque Police Department detective to report she had been working on a case against a “prolific shoplifter” for more than two months and there was a chance to arrest him.
Over nine theft reports, the security guard detailed 36-year-old Ryan Jaramillo stealing a $129 handbag here, or $154 worth of shoes there. She said he stole men’s clothing, women’s coats and several handbags. Each time, the total was less than $400 — but together the total loss to the department store was $1,602, according to court documents.
Jaramillo was arrested and charged with felony shoplifting under a new law creating the crime of “organized retail crime” that allows law enforcement to aggregate the incidents.
House Bill 234, which passed during the 2023 legislative session, made it so that those who shoplift multiple times from the same store in 90 days can be charged with felony shoplifting. Previously, people were charged only based on the amount they had stolen during an individual incident.
| VALUE OF MERCHANDISE | PENALTY | BASIC SENTENCE |
| $250 or less | Petty misdemeanor | Less than six months in jail and/or a fine up to $500 |
| Between $250 and $500 | Misdemeanor | Less than one year in jail and/or a fine of up to $1,000 |
| Between $500 and $2,500 | Fourth-degree felony | Up to 18 months in prison and a possible fine of up to $5,000 |
| Between $2,500 and $20,000 | Third-degree felony | Up to three years in prison and a possible fine of up to $5,000 |
| More than $20,000 | Second-degree felony | Up to nine years in prison and a possible fine of up to $10,000 |
Second Judicial District Attorney Sam Bregman said the law is meant to stop defendants like Jaramillo.
“It’s really helped a lot when it comes to prosecuting shoplifting for a number of reasons,” he said. “The first reason is it allows us to aggregate misdemeanors for those prolific shoplifters who are shoplifting just under a certain amount and would only be charged with a misdemeanor.”
But not everyone thinks the new law is a good thing.
Sarah Pepin, the supervising attorney at the New Mexico Law Offices of the Public Defender, said what’s happening at some stores is that loss prevention personnel are allowing individuals to repeatedly steal from their store so they can bring a felony case against the person instead of intervening earlier.
Pepin said this creates felons without considering what that means to the person or to the community.
“They believe that this person is harming their economic interests,” she said. “What is particularly galling is that the state has gone along with this and is more interested in prosecuting the poor rather than addressing the root causes of what’s going on with these folks.”
Instead, Pepin said the state should look at the root causes of why these individuals are shoplifting and assist them.
Wins and losses
Since 2018, misdemeanor prosecutions for shoplifting have been on the decline, while felony prosecutions are increasing, according to City Desk ABQ analysis of the cases defended by public defenders. Public defenders handle almost all shoplifting cases.
As of mid-March, Bregman’s office had filed 71 shoplifting cases under the new law. There were 56 cases pending trial. Five of the cases had been dismissed and there had been 10 convictions.
The total amount stolen in the cases that are under prosecution is $113,943, largely from Albertsons, Target and Walgreens.
No small businesses are on the list.
Pepin argued that almost $114,000 is a fraction of the amount it costs to prosecute and subsequently house people at the detention center.
It costs about $160 per day to house an inmate at the Metropolitan Detention Center.
“It’d be so much cheaper just to house these people…this makes no sense,” Pepin said.
But Bregman said the law has helped solidify relationships between law enforcement, retailers and his office, and they’re now working together to go after shoplifters.
“We’re making a big difference,” he said. “(We’re) hearing from retailers in the Uptown area, for example, where some of those operations were focused that this is absolutely already making a difference.”
Many of the cases include a store providing extensive documentation including photos, a description of what happened and the dollar amount of everything that was stolen. Then, detectives from APD’s Organized Crime Unit compile that information into a criminal complaint or arrest warrant affidavit.
However, Bregman said one of the issues his office deals with when prosecuting shoplifting cases is that defendants don’t show up for court and their cases end up in warrant status. As of mid-March almost half — 22 — of the 56 defendants with pending cases were wanted on a warrant, according to his spokesperson.
‘Being economically vulnerable leaves you vulnerable’
An analysis by City Desk ABQ found that about half of the cases that have been prosecuted involve allegations of defendants stealing less than $1,000. And almost a quarter were accused of stealing between $500 and $600 — including one woman who stole liquor, baby items, laundry detergent and flowers. Multiple defendants were accused of stealing alcohol.
“Being economically vulnerable leaves you vulnerable…there’s this big made-up problem of organized retail crime, and it’s not like a cartel from Mexico is coming in to steal stuff from Target,” Pepin said. “It’s like your buddy says, ‘you can sleep on my couch if you get me these things.’”
Pepin said if her office can focus on the individual’s needs and try to meet them — and if the individual gets out of jail and starts doing really well — there’s a strong argument to continue along that path.
If it’s not a crime of violence, Pepin said the person needs to have their basic needs met. She questioned holding defendants at the detention center until trial under the bail reform law.
“We will try to harness whatever resources are available,” she said. “Generally, if there’s a drug issue, I would say it’s easiest to find treatment for that. If someone has a difficult mental health issue, it’s harder to find treatment for that.”
Generally, Pepin said everyone she has talked to has had some sort of housing issue.
“A significant issue is housing, and I think that’s true for everybody,” she said. “That’s true for all diversions across the board and that’s true for most of the folks that we see in the judicial system, particularly when the crime is motivated by poverty.”
Special Projects Editor Elise Kaplan contributed to this report.
KEEP READING MORE IN THIS SERIES
2023’s most prolific felony shoplifting cases
Southwest Albuquerque command sees positive outcome in shoplifting reports from retailers
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It is doubtful the thieves will ever stop being thieves. Their actions do impact others who shop and find it difficult to buy lock up items. This recent effort by Law Enforcement may work, when the thieves stay locked up like the items they steal. Where are they reselling the stolen things?