Crackdown On Repeat Retail Theft In Suffolk Is 'Successful': DA

BRENTWOOD, NY — Suffolk County District Attorney Raymond A. Tierney has shared the initial results of the Retail Protection Partnership, a program created in response to rising rates of shoplifting nationwide and in New York State following bail and discovery reforms.

The partnership program allows merchants and law enforcement to work collaboratively to investigate and successfully prosecute the top shoplifting offenders in Suffolk County. While reports of shoplifting have increased dramatically in New York and nationwide, reported retail larceny incidents in Suffolk County have decreased since the Retail Protection Partnership began.

In October 2023, Tierney met with Suffolk County retailers to discuss the heavy toll that shoplifters were causing their stores since they were emboldened since 2020 when "bail reform" was enacted in New York. Retailers reported that several of their top shoplifting offenders bragged to store employees that they "would be back in a day," knowing that they would be released without bail within hours of their arrest.

New discovery laws in New York have also stymied prosecutions because impractical and strict timelines for discovery disclosures often result in dismissals of retail larcenies on technicalities. As a result of these meetings, the Retail Protection Partnership was formed. Members of the partnership coordinate the timely dissemination of information amongst prosecutors, retailers, and law enforcement, enabling the identification and arrest of high-impact shoplifters.

In just the past year, the Retail Protection Partnership has grown to include many of the largest retailers in Suffolk County, including Target Corporation, Lowe’s, Home Depot, Ulta, Marshalls, Stop and Shop, Walgreens, Macy’s, CVS, TJX Companies, and Burlington.

The law enforcement members of the Retail Protection Partnership currently consist of assistant district attorneys, district attorney detective investigators, members of the Suffolk County Police Department’s seven police precincts, and members of the SCPD’s District Attorney’s Squad.

"Our partnerships with local law enforcement are integral to identifying and dismantling the organized retail crime (ORC) networks and habitual offenders that repeatedly target our stores," said Ben Dugan, CVS Executive Director, Central Investigations. "We are pleased to be part of the Retail Protection Partnership and look forward to continuing to collaborate with DistrictAttorney Tierney as we work to combat ORC in Suffolk County."

Additionally, Suffolk County prosecutors implemented a strategy of "aggregation" under the law, allowing for the value of the products stolen in numerous misdemeanor thefts to be added together to result in a felony charge. This strategy was implemented before the legislature enacted a similar law in July 2024.

For example, one defendant was charged with 10 separate counts of petit larceny, a misdemeanor, for stealing from the same Walmart store in Yaphank between February 2024 and April 2024. Once the Retail Protection Partnership identified the defendant as the perpetrator in all 10 incidents, prosecutors aggregated the incidents into one count of third-degree grand larceny, a Class D felony, for which he now stands indicted.

Another strategy Suffolk County prosecutors implemented was the drafting of a new Trespass Notice, to be served by the police upon a shoplifting offender at the time of their arrest, giving notice to the shoplifter that they were no longer legally permitted to enter the store. Subsequently, if the shoplifter returns to that same store, the offender can then be charged with the misdemeanor crime of third-degree trespass or burglary, a Class D felony.

For example, in August 2023, a defendant stole merchandise from a Walgreens in Riverhead, was apprehended, charged with petit larceny, and served with a Trespass Notice. The defendant returned to the same Walgreens in December 2023 and stole additional merchandise. On this second occasion, in addition to another petit larceny charge, law enforcement charged the defendant with Burglary in the Third Degree based on the Trespass Notice.

"We must protect our merchants and the jobs that come from retail businesses. In Suffolk County, you cannot steal someone else’s property. Through our Retail Protection Partnership, we are aggressively prosecuting repeat shoplifters and seeing actual results," Tierney said. "When criminals target our local businesses, they are not just stealing merchandise. They are threatening jobs, driving up costs for honest consumers, and destabilizing neighborhoods that depend on these stores. Our message is clear: retail theft in Suffolk County will earn you jail time, not a revolving door."

The results of the Retail Protection Partnership have proven successful. While shoplifting and other larcenies in Suffolk County rose from 4,499 incidents in 2022 to 5,119 incidents in 2023, following the implementation of the Retail Protection Partnership program, such incidents have fallen to 5,053 within the past year.

An additional marker for the success of the Retail Protection Partnership program includes the
identification of Suffolk County’s top recidivist shoplifters. To date, the District Attorney’s Office
has successfully prosecuted almost half of the cases of these top offenders, many of whom received significant sentences of incarceration.

The following 15 defendants are among the top shoplifting offenders whose cases have already been adjudicated:

• Ryan McIntosh, 33, undomiciled, pleaded guilty to fourth-degree grand larceny, a Class E felony, and was sentenced to one and a half to three years in prison. At the time of his arrest on that case, McIntosh was pending sentence for third-degree grand larceny, a Class D felony, for which he was sentenced to two and a half to five years in prison, to run concurrently with his new grand larceny conviction.
• Anita Guarino, 56, of Mastic Beach, pleaded guilty to fourth-degree grand larceny, a Class E felony, and was sentenced to two to four years in prison.
• Jose Maldonado, 41, of Brentwood, pleaded guilty to fourth-degree grand larceny, a Class E felony, and was sentenced to two to four years in prison.
• Esperanza Tricoche, 39, of Bay Shore, was convicted of fourth-degree grand larceny and was sentenced to one and a half to three years in prison.
• Michael Gioeli, 35, of Babylon, pleaded guilty to third-degree attempted grand larceny in the, a Class E felony, and was sentenced to one and a half to three years in prison.
• Steven Durham, 41, of Coram, pleaded guilty to fourth-degree aggregated grand larceny, a Class E felony, and was sentenced to one to three years in prison.
• Dwayne Hudson, 54, of Mount Vernon, pleaded guilty to fourth-degree grand larceny, a Class E felony, and was sentenced to one year in jail.
• Taylor Johnson, 32, of Massapequa, pleaded guilty to multiple counts of petit larceny, a Class A misdemeanor, and was sentenced to one year in jail.

The following Retail Protection Partnership cases are still pending.

• Melissa Kust, 43, of Flanders, pleaded guilty to petit larceny, a Class A misdemeanor, and was sentenced to a maximum of one year in jail.
• Erin Lutz, 39, of Bellport, pleaded guilty to multiple misdemeanor charges of petit larceny and was sentenced to one year in jail.
• Patrick O'Toole, 34, of Copiague, pleaded guilty to five counts of petit larceny, which occurred at five different retailers, and was sentenced to one year in jail.
• Kelvin Ransom, 55, of Medford, pleaded guilty to fourth-degree grand larceny, a Class E felony, and was sentenced to one year in jail.
• Emmanuel Rosario, 36, of Brentwood, pleaded guilty to third-degree robbery, a Class D felony, stemming from a retail theft incident, and was sentenced to one year in jail.
• Marion McClure, 60, of Central Islip, pleaded guilty to fourth-degree grand larceny, a Class E felony, and was sentenced to nine months in jail.
• Anthony Fenner, 35, of Hempstead, pleaded guilty to third-degree burglary, a class D felony, and was sentenced to six months in jail and is currently being supervised by probation.

Any retailer interested in joining the Retail Protection Partnership program may contact the
Suffolk County District Attorney’s Office.