Here’s the story of Big Brother 16′s Devin K. Shepherd’s burglary arrest back in September 2009 on burglary charges. Sit back folks this might take some explaining.
According to court documents, Shepherd walked into a local Onxard, California Fry’s store and lifted some merchandise on September 19, 2009. When police made contact with Shepherd, he falsely identified himself to police adding yet another charge of giving false information to a police officer (148.9(a) PC). Subsequent to questioning by police, Shepherd was arrested and charged with misdemeanor burglary (459 PC) and giving false information to a police officer.
Shepherd spent three days in jail, before being released on $10,000 bail.
As the court case made its way through our justice system the charges were eventually reduced to petty theft (484 PC), there are two reasons this might have happened. It’s common for charges of burglary to be filed when someone is arrested on shoplifting charges, the state must then prove that the defendant, in this case Shepherd, had the intent to enter the store to commit a crime. The other reason the charge could have been reduced from misdemeanor burglary to petty theft is a plea deal was made between the prosecution and defense. And, another reason could be due to Shepherd being a first time offender.
During a court hearing on October 28, 2009, the charges were amended and the petty theft (484 PC) charges were added to the criminal complaint, the burglary and giving false information to a police officer charges were dismissed. Devin pleaded guilty to petty theft and was ordered to serve two days in jail with credit for the time he already served, sentenced to a “Conditional Revocable Release for 36 months” (probation), and ordered to stay away from any Fry’s store.
Devin was arrested three months later on January 29, 2010 on unknown charges, this may be the DUI arrest that Devin spoke about on the Big Brother 16 live feeds. The big question is why didn’t this subsequent arrest and Devin’s DUI arrest and charges revoke or have a negative effect on his probation? According to the terms of his release he was to immediately report any contact with or arrest by law enforcement, according to court records he complied.
On September 6, 2012 Shepherd petition the courts to get an early probation release, the request was granted September 25, 2012. On July 5, 2013, a petition was sent to the courts requesting dismissal of the petty theft charges, the court ordered on August 6, 2013, in accordance with the provision of section 1203.4 of the Penal Code Shepherds guilty plea was set aside and a plea of not guilty is entered on petty theft was entered and the charges dismissed.
So there you have it folks, the story of Big Brother 16′s Devin Shepherd’s burglary charges.
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