WCAX Investigates: Police, lawmakers look to stop revolving door of retail theft

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SOUTH BURLINGTON, Vt. (WCAX) – Retail theft is up across much of the state, according to the Vermont Retail and Grocers Association. The group says businesses are reporting several thefts each week and thousands of dollars in monthly losses. The South Burlington Police are among the departments on the frontline of responding to the daily onslaught.

It’s another day patrolling the University Mall for South Burlington Police Sgt. Matthew Plunkett.

Before he even gets inside, a call comes in about someone shoplifting at JCPenney. A loss prevention officer meets Plunkett near a fitting room where he claims a suspect is inside removing security tags from clothing.

A stakeout ensues, with Plunkett peering over a rack of clothing waiting for a cue. Finally, Brian Foy leaves the fitting room. Plunkett intercepts the 47-year-old outside the store. After being confronted, foy removes layers of clothing police say he was attempting to steal.

It’s not the first retail theft of the day and it won’t be the last. South Burlington Police data shows a 48% increase in retail theft since 2020, logging more than 400 incidents in 2023 alone. Poverty and mental health are factors, but SBPD Police Chief Shawn Burke says most offenders are stealing to feed drug addictions.

“They’re somehow exchanging that, whether it’s selling the product themselves to make cash to pay cash for drugs or they’re trading that product with drug traffickers for drugs,” Burke said.

Shoplifters are hitting the other side of Dorset Street, too. At Replays thrift store, staff say thefts have increased in the last few years, peaking during the holidays. In 2022, staff at the nonprofit discovered a person had slept overnight in the store, stealing silver jewelry on their way out.

Store Manager Gail Premo says the damage is twofold. The UVM Medical Center — which benefits from all store sales — loses out. Plus, the store’s staff — mostly older women who are volunteers — feel taken advantage of. “It’s kind of like a big family, and then you have somebody who comes in like that. It’s really hard at times, you know, it hurts your feelings. Everyone works very hard in here,” she said.

South Burlington Police in November launched a new initiative to crack down on retail theft. Over 10 days, officers swarmed hotspots like Lowes at the UMall. Plain-clothed officers in unmarked cars worked closely with employees to identify shoplifters. It resulted in 17 arrests and 10 charges of retail theft.

Chief Burke calls the operation a success and says they may conduct more in the future. But he says arrests are just the first step in the fight against retail theft and that holding alleged criminals like Brian Foy accountable hinges on them sticking around for prosecution — and many don’t.

Foy was scheduled to appear in court the day after the retail theft for a previous charge of a stolen vehicle but he didn’t show up, something authorities say is a growing trend that can allow people to reoffend. According to police, Foy has had 215 run-ins with the police.

In Chittenden County alone, court paperwork shows dozens of pending charges dating back to 2019 including DUI’s, stolen vehicles, and several retail thefts. Chief Burke says re-offenders are common and motivated by the knowledge that they’ll serve little or no jail time. “I’m not saying that we need long, incarcerative sentences, but we need some type of intervention to stop the literally 30 or 40 people that are ravaging Chittenden County,” he said.

Sgt. Plunkett says is on a first-name basis with several of the repeat offenders, hearing their stories and trying to connect them with social services. “It’s pretty frustrating just because I feel like we’re not really getting any traction with people. They need some sort of intervention to get them the help and services they need but I can’t make them get help,” he said.

That’s a sentiment shared by many, including Chittenden County State’s Attorney Sarah George. Her office has hundreds of pending retail theft cases and has said that for most suspects that jail time isn’t the solution. She didn’t make herself available for an interview but has previously told WCAX that more social services are needed to address the underlying issues that fuel retail theft.

Rep. Martin LaLonde, D- Burlington, is among lawmakers who agree with George but still say they want a more proactive response. “People reach out to me it seems from all over the state to say, ‘Do something about this,’” LaLonde said.

He says he plans to introduce a bill this session aimed at increased consequences for theft as well as helping to get those accused back on their feet. Current laws don’t lead to significant charges or fines unless someone steals over $900 per incident.

LaLonde’s bill would add up the values of stolen goods across multiple thefts carried out by groups or individuals, making it easier to prosecute repeat offenders.

LaLonde says he’s not looking for more severe consequences, just more efficient ones to ease the backlogged court system. “Hopefully in those situations, where the underlying issue is addiction, is substance use disorder, that treatment is really the outcome, not incarceration,” he said.

Brian Foy being arrested outside the UMall in South Burlington.

Brian Foy being arrested outside the UMall in South Burlington.

Back at JCPenney, Foy waits as police examine a pile of broken security tags left behind in the fitting room, along with hundreds of dollars in clothes he was allegedly attempting to steal. Plunkett opts to arrest Foy, pulling what looks like a needle out of his pocket in the process.

“We have outreach services that work at our office. So, if that’s someone you need to talk to that would be able to point you in the right direction, we’re happy to connect you with them,” Plunkett tells Foy.

Foy is processed and released with a citation to appear in court later this month. What remains to be seen is whether he’ll show up or whether this time will be enough to stop the cycle.

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