Don't mess with farmers.
Extension agents in Virginia and North Carolina say there are plenty of laws with that theme, including a little-known one that has resulted in a felony charge for a man accused of stealing a $3 watermelon from a field.
"I hadn't heard about that law, but it makes sense," said Tom Campbell, Pasquotank County's agricultural extension agent in North Carolina.
Dana Soles, a candidate for a board of commissioners seat in Chowan County, said he was gathering food for the family of a friend down on their luck. He saw the field, knew it was about to be plowed under and plucked, Soles has said.
A local sheriff's deputy saw the incident and charged him with larceny of ungathered crops. Soles has yet to go to court.
County officials in Chowan said it was the second theft of watermelons in recent weeks; 700 watermelons valued at $3,500 were stolen earlier this summer.
N.C. state statute No. 14-78 has been on the books since the early 1800s, said Andy Bunch, chief deputy in Chowan County. It's a Class H felony, punishable by as much as 30 months in prison.
In North Carolina, there does appear to be an upswing this year in crop theft, said Lewis Smith, acting extension agent in Chowan County. He's uncertain if it has to do with the economy.
The trend hasn't been noticed in Virginia.
"It's not a problem on a big scale down here," said Wes Alexander, Virginia Tech extension agent in Southampton County, one of Virginia's top contenders when it comes to watermelon production.
As usual, for summer months, there are busted watermelons on rural roads and watermelon feasts at local events.
"I haven't heard about any big concern about watermelon theft," said Rex Cotten, an extension agent in Suffolk. "Most people, these days, won't even take time to pick up a quarter off the ground."
Campbell disagreed. These are hard times, he said. People are struggling to pay bills and buy groceries.
His county has started a community garden project this year to help feed the hungry, he said.
The watermelon felony charge has been the talk of northeastern North Carolina for a week, said Paul Smith, the Gates County extension agent.
"It was news to all of us when it happened," he said. "A lot of people, this time of year, might stop in a field to dig a few peanuts to boil or some sprigs of cotton for decoration. I guess they think it doesn't make a difference."
It makes a difference to the farmers, said Lewis Smith. Farmers get irate when they see somebody stealing from their fields. It takes a while to pick a peck of peas, but other items, like watermelons and cotton blossoms, are easy to grab.
Farmers should get mad about pilfering, he said. After all, expenses are up for them just as they are for any other business.
National agricultural organizations are baffled by the North Carolina law. Kathleen Early, director of legal services at the American Farm Bureau in Washington, said they can find no other state that would charge somebody with a felony for the theft of a single watermelon.
Elizabeth Springsteen, an attorney at the University of Arkansas' National Agricultural Law Center, said the N.C. law sounds a bit unusual to the staff there as well, but Springsteen couldn't say if there are other states with similar laws.
In Virginia, watermelon theft wouldn't be treated as harshly as in North Carolina, said Debbie George, spokeswoman for the city of Suffolk and a former police officer.
"Petit larceny is the only code I've located that would cover it," George said.
"Now, if they take your chicken instead of your watermelon, it would be a felony."
Linda McNatt, (757) 222-5561, linda.mcnatt@pilotonline.com
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No Brainer
Should he have been charged? YES.
Should he be convicted? NO.
Its Political
Virginia Pilot if you dig deep enough you will find a story here in Chowan about a former commissioner, a pardon for attempted murder. A salary that was approved in Jan 2006 that was changed to 80,000 when the pardoned commissioners son was actually hired. It all ties in to the watermelon theft. This is sooo much more than a stolen watermelon.
These people are terrified of what will come out if the same "good ole boys or affiliate good old boys" are not elected.
Remember we are missing 29 million dollars. Dig Virginia Pilot Dig!!!
Another stupid law for judges to let people when they break it
If you live near a Walmart or a grocery store, you are likely to see people push a cart of items to their homes. A grocery cart cost more than $500, and since theft of something of $200 in value is a felony, taking one would be a felony, right? Wrong. There is a specific code that makes taking a shopping cart a Class 3 misdemeanor. No jail. Only fines and suspensions that these cretins do not EVER pay. But you and I pay more for things from the stores because no matter what the liberals tell you, there really is no free lunch. Somebody pays.
Buckshot is too extream
Try rocksalt
the full story
If you really want to know what is going on with this story, check out
www.dailyadvnce.com
and read those comments from the first page. The locals there have a good grasp of the full story. Very interesting stuff.
I think,
He is lucky he didn't get a load of buckshot in his butt . That was the old fashioned way of dealing with stealing . Since he is a politico , it's too bad he wasn't shot .
Pumpkins too!
30 years ago I was a deputy sheriff in a small county. At that time the population was only about 5,000 and mostly rural. I got a call from a local farmer on a Sunday morning that someone was out in his pumpkin field stealing a pumpkin. So I pulled up behind the car parked on the shoulder of the road and observed a lady rolling the biggest pumpkin in the patch. I offered my help in getting the huge fruit across the ditch, which she gladly accepted. By that time, the farmer came up to the crime scene. With the farmer's help we got it in the trunk of her 1970 Ford. I asked her if she had made prior arrangements with the farmer about the price of such a large pumkin? She said she had not, but he had so many surely he wouldn't miss one pumpkin. I asked the farmer what he thought a pumpkin like that was worth? He reckoned about two dollars for the pumpkin and about a dollar for loading in in her car. I suggested she pay him or she would be my first arrest this year (it was October). I always did believe in swift justice - still do.
law not harsh
Stealing farmers' crops has the same impact as someone stealing money from my wallet. Stealing someones livelihood. The law should not be changed. However, common sense would suggest that the charges be reduced in this case. But regardless of outcome, this was avoidable. How difficult would it have been to simply ask for the watermelon?
Felony.
In order to be a felony it has to be grand larceny which in most po dunk states like VA is still set at a value of $200 or more ($1000 NY). So if your stupid child decides to try and shoplift a Xbox 360 then with the antiquated setpoints for our laws in VA they will be a Felon if convicted and lose all rights for life due to a childish mistake.
A Bit Harsh
Everyone would agree that taking something that doesn't belong to you is wrong, but the possible penalty for this does seem a bit harsh. I grew up in N.C. many years ago and remember kids raiding their neighbors watermelon patches and about the worst thing was getting caught by the owner who notified your parents and justice was administered quickly by a belt across the hind parts of the guilty. Perhaps a good lawyer will get the charge reduced to a lesser misdemeanor such as trespassing and probation considering the cost of keeping the man in jail.
make sure it's stealing
In rural farm communities, as in the Bible, putting to use what has been left in the fields AFTER harvesting has always been considered a positive thing. Would Ruth have met her husband if she had not been in the feilds that day? To take an abandoned watermelon to an unemployed neighbor is exactly the behavior when are trying to maintain in our small town. Unfortunately, small town politics also come with a community such as ours. Let's spend our time arresting those that stole millions from the tax payers.
Ex Convicts
Ex convicts, I believe, have the process available to them to having their "right to vote restored".
2nd amendment rights are probably the most difficult.
Let the stone throwing begin!
A while back, there was a story about felons regaining their right to vote. Many posters thought felons shouldn't have a right to do more than stay in jail. As you see, a felony conviction doesn't always apply to savage criminals. Stealing is wrong, but I don't think even the farmer would agree the theft of one watermelon should have the life-long consequences of a felony conviction. Most employers won't even talk to an applicant with a felony conviction. Consequently, felons, who have completed their jail time, face almost impossible odds in improving their socioeconomic state, never mind repaying fines associated with their conviction. It's easy to say, "That's their problem." But really, it's everybody's problem. Thank goodness for organizations like STOP and Second Chances that help ex convicts, who are willing to put forth the effort, become contributing members of society.
does anyone konw...
...what the statue of limitations on felony melon plucking???...I have this urge to keep peeking throught the blinds...I was just a kid back then!!!
I can see the point
I can see the point of making crop stealing a crime. In essence, you are stealing from not just the farmer (his income), but from the public who are the end-users of the farmer's products. Continual pilfering of crops, just like shop-lifting, usually ends up in higher consumer prices, to compensate for losses. Although, I would say that making it a felony is a bit harsh, but definitely don't let it go unpunished. Food prices are high enough as it is, thanks to other factors. I'm not trying to pay even more for food.
Huh?
How did Soles know it was going to be plowed under? Was there a sign stating that? And second, if you don't own the watermelon or the land, stay off it. I would really want this guy representing me. NOT!!!!!! A felony seems a bit over the top, but you know what, he knows right from wrong. Next time I bet he shells out the cost of a watermelon.
He knew better, he just got caught
There is no excuse. He stopped his car and stole crops off a private farm. Of course he knew better, he just got caught. This crime should be a $50.00 fine and on par with a parking ticket. A felony is way too strong for this crime, hopefully cooler heads will prevail.
I can picture the conversation now:
Inmate 1: "So what are you in for?"
Inmate 2: "Murder. I killed a man just to watch him die... And you?"
Inmate 1: "I stole a watermelon!"
Inmate 2: "Lame..."
Seriously? I find it hard to believe that stealing a single watermelon is a felony. The most I've ever seen a watermelon sell for is about $7.
The law is the law, Don't break it.
If Dana Soles was a democrat I am sure this would have been considered a clumsy mistake or sloppy just sloppy decision.
Stealing is still STEALING.
Whether it is a watermelon or a car, if it doesn't belong to you and you take it, it is stealing. A felony is a bit harsh for a watermelon though.
Beware!
I once knew a guy that had a water melon patch, and one day he relized that someone had been by the night before and stole one. So he placed a sign in the patch that read "BEWARE, ONE OF THESE MELONS HAS BEEN INJECTED WITH POISON! Next day on his vist to the patch he found a note that read "Now there are two!"