Was it Theft?
In September 2020, Donald Bertram pulled up to Timothy Huff's house, as Mr. Huff was in the yard doing yardwork, he hopped out of his car, walked into the open garage, picked up a $500 leaf blower and drove off. The leaf blower was not his. The leaf blower was not loaned to him. He just walked up and took it.
On Wednesday, The Ohio Supreme Court ruled that Bertram did not commit burglary because he did it in plain view, without "force, stealth or deception."
The court tossed out Bertram's conviction but told Scioto County Common Pleas Court to convict him of misdemeanor criminal trespassing. Bertram had been sentenced to eight to 12 years in prison on the burglary offense.
Mr. Huff told a jury that Bertram had a smile on his face, leading him to believe initially that he wasn't there to steal anything. When Huff told him to stop and put down the blower, Bertram put it in the passenger seat. Huff snapped photos before Bertram drove off.
“Nor did Bertram deceive, mislead, lie to, or trick Huff into granting him entry into the garage,” the unanimous opinion said. “Bertram did not commit burglary under Ohio law, because he did not gain access to Huff’s garage by force, stealth, or deception.”
Mr. Bertram cared so little for the property rights of another that the Supreme Court of Ohio determined he did not steal the leaf blower? What if it was Mr. Huff's car? Due to the complete lack of moral character of the criminal he was only guilty of trespassing. If he had tried to do it while no one was looking - burglary. If he had tried to do it at night - burglary. If he had taken it out of Mr. Huff's hands - burglary. However, not giving a care in the World about another person's safety, property, or rights - you are only trespassing?
This is not just in regard to leaf blowers - think about squatters. People that enter or stay on the property of others without permission. They know it is not their home. They know they do not have permission to be in another's property. They know they are not paying money to cover the expenses of the property. Yet are only viewed as a civil disturbance to be dealt with through an eviction action.
The person more dangerous than someone who violates the law, so someone who does not care that the law exist. To have a fear and respect of the law allows for personal rights to prevail, however when there is no respect for the law then there is no respect for others rights. This mentality destroys community unity and forces individual protectionism in which no one trust another.
May God Bless You, Your Business, and this Country,
Tom Winslow