Getty Images; Colorado 18th Judicial District Attorney's Office
Two men convicted of retail theft at a Kohl's in Colorado tried to get a lesser punishment because they stole stuff that was on sale.
The men's attorneys made an argument for reduced charges after admitting stealing from the store in Parker, Colorado.
The case was described in a Tuesday news from the district attorney for Colorado's 18th Judicial District.
Michael Green, 50, and Byron Bolden, 37, were nicknamed the "KitchenAid Mixer Crew" by the DA in reference to the kitchen appliances they stole.
They also took designer shoes and clothing.
They were both ultimately convicted of felony theft. However, the DA's office said the men's attorneys argued for softer misdemeanor charges, citing discounts on the items.
According to The Denver Gazette, the men cited discounts on the sticker prices, and Kohl's coupons they had, to bring the items down below the threshold for felony theft in Colorado, which is $2,000.
The documented value of the items stolen was $2,094.98, the district attorney's office said.
The argument failed to sway the judge, as both men received felony convictions. Green was sentenced to 15 months in prison and Bolden to 90 days in jail with credit for time served as a condition of 18 months probation.
According to KMGH-TV, a local Denver TV station, prosecutors argued that sales and discounts only count if you actually pay.
John Kellner, the district attorney, said in the press release: "Just because an item is 'on sale' doesn't mean it's free to steal, and these defendants now get to think about this lesson in jail and prison."
He added: "Retailers in our community are fed up with theft and my office will actively prosecute these offenders."
The convictions followed the identification of Green and Bolden through surveillance footage. After being arrested, they both initially pleaded not guilty, before pivoting to their argument around the sale price.
Deputy District Attorney, Sherri Giger argued in the press release that retail theft is not a "victimless" crime.
She said: "We've all seen news articles about the impact of rising retail theft, including stores forced into closing, as well as price increases passed along to paying customers to offset loss."
Retail crime has ballooned in recent years, with retailers like Target, Walmart, Home Depot, Walgreens, Dick's, and more having called out theft as major threat to their businesses.
