Felony theft charges against a homeless Pennsylvania man who underpaid for a bottle of Mountain Dew by 43 cents have been dropped.
Prosecutors in Perry County dropped the theft charge this month against Joseph Sobolewski, 38, and downgraded another charge.
In August, Sobolewski reportedly went into an Exxon at 3298 Susquehanna Trail in Duncannon and saw a sign advertising two 20-ounce Mountain Dew bottles for $3.
Joseph Sobolewski, 38, was held in the Dauphin County prison for seven days before his public defender successfully argued for his release
Sobolewski reportedly went into this Exxon at 3298 Susquehanna Trail in Duncannon and saw a sign advertising two 20-ounce Mountain Dew bottles for $3. He paid $2 for one bottle, not realizing the discount did not apply to a single bottle. The bottle cost $2.29, so including tax, he owed the store 43 cents
He took one bottle, slapped $2 on the counter for what he thought was a $1.50 soda, and walked out, not realizing the discount did not apply to a single bottle.
The bottle cost $2.29, so including tax, he owed the store 43 cents.
The store employee told Sobolewsky he had not paid the full value of the soda, but he drove away, court documents say.
She then called state police, who found and arrested Sobolewski on a felony charge. A judge ordered him held on a $50,000 cash-only bond.
He was held in the Dauphin County prison for seven days before his public defender successfully argued for his release.
Sobolewski had started a GoFundMe campaign to raise funds to fight the legal charges.
'My wife and I are currently homeless. My wife is a diabetic. I take any and all odd jobs that come my way,' he said.
'My wife and I are currently homeless. My wife is a diabetic. I take any and all odd jobs that come my way,' Sobolewski (pictured with his wife) said
Sobolewski had started a GoFundMe campaign to raise funds to fight the legal charges
Sobolewski had twice in the past 10 years been charged with theft, once for not paying for a tank of gas and another time for stealing a $39.99 pair of shoes from a K-Mart in Cumberland County
'I am overwhelmed at the support I have received from so many all over the country,' he added.
Sobolewski had twice in the past 10 years been charged with theft, once for not paying for a tank of gas and another time for stealing a $39.99 pair of shoes from a K-Mart in Cumberland County.
For stealing the shoes, Sobolewsky paid over $800 in fines and was sentenced to three months in jail for a probation violation, Pennlive reported.
Under Pennsylvania's three-strikes law, a third theft charge must be a felony, regardless of the amount or value involved. Sobolewski faced up to seven years in prison.
Sobolewski told the Patriot-News it was 'great news' that the felony was being dismissed. 'I feel I was treated unequally because I had a record,' he said.
He had previously been charged with theft in Cumberland County earlier in the summer on suspicion of trying to take items from a Hobby Lobby with his wife.
For that charge, his bail was set at $2,000, and he is applying for a diversion program there.
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