"And it’s a shame because I think this could have been handled in a lot of different ways. One is to yell at the guy and tell him not to do it anymore".

Quote from Naples attorney Jerry Berry.

I can see it now,

Jerry Berry cross examining the arresting officer....
"Officer why did you yell at my client? why did you verbally harras him and embarass him by rasing your voice?"

when does it end?

I'm glad to see we are getting the harden criminals off the streets. This guy deserves the death penalty. Good work!

"One thing that I noticed in the last 20 years is that those in authority, from the patrolmen to the supervisors to the prosecutors don’t exercise discretion nearly as often as they used to," Berry said. "And it’s a shame because I think this could have been handled in a lot of different ways. One is to yell at the guy and tell him not to do it anymore. If you want to bring him into the system, you can give him a notice to appear rather than arrest him and take him to jail."

I don't think this could have been any more clearly or eloquently stated.

How about kicking him off the property with a trespass notice?

A previous article mentioned a female security guard who held this individual until Naples PD arrived and then requested he be taken into custody.

It's pretty apparent that the lack of discretion began with the "i wanna be a police officer" security guard.

Time to sue the mall for creating an attractive nuisance thereby enticing him to fish for luck in the pond. No notices to not do it and we really are guilty for not posting it in Hungarian so he could read it. Maybe that will be our new second language to Spanish, forget Enlish it is gone.

The security guard...that would be Heather Watson. She's gotten a free pass on this whole thing, but I've got to think that the "Employee of the month/year/millenium" parking spot is hers now.

"On hold from U.S. Immigration and Customs Enforcement"
'nuffsaid

All that Hungary has to do is say that they don't want him. So does that mean we continue to jail him at $88.18 per day??? Obviously if you have to steal .42 cents then it's doubtful you will be able to make bail.

Good points Cape Codder,

But how can you trespass someone let alone do anything until you can postively identify the person/suspect/victim of a cruel evil world?

I don't recall reading about how the security officers aspirations of becoming a cop led to her being power hungery? do we really know her career goals?

Hungary won;t even respond! Where is Hungary anyway...what do they mean to us

And another nugget of news for all of you leagal eagles, sea lawyers, heard it from the friend of a friend who lives down in Marco.

If I.C.E. is invloved than this guy is likely going to be deported.

Exactly. Give them a badge and they rule the world. I think the guy was hungry.

Well I certainly hope a judge will see the severity of this crime and set him free. Quickly.

42 cents is that all? Probably a years salary in Hungry. This guy is entitled to in the US, free housing, food stamps, welfare, free drugs, free medical, and probably a new computer! Not to mention a lawsuit?

Now you youngsters make sure you dont pick up any loose change out of that fountian cause you cant find a job this Summer. You dont want to end up like this man.

Oh yes make sure you pass this along to Gutta1 we dont want to see him in jail. He dont like the police.

Yes Citizens can make a citzen arrest but unless somthing earthshattering occured today in the legal system Security Companies make it policy not to apprehead or get physical with anyone. There job is to report it.

"Exactly. Give them a badge and they rule the world. I think the guy was hungry."

Glad to see we are sticking with the "power trip" cry me a river theme.....

Hey he already has Jerry Berry speaking on his behalf. The American dream, a high dollar lizard or I mean lawyer and the dream is at hand.
He is in jail tonight dreaming of a new car, hew house, citizenship, chicks and maybe a pension. WOW what a way to win all for 42 cents.

The notice to appear letter would have cost .42 for postage alone..the irony!

$0.42 and ICE wants him. How about Abel Arango with 20 felonies and he manages to stay in this country long enough to kill a deputy. This doesn't make any sense to me.

Ironic how the Republicans tend to fall on the expensive side of this story, yet the fiscally responsible Democrats realize the absurdity.

what about the Green Party? what about the libertarians?
Now that the dems are running everything but the white house im sure glad to see that the promise of fiscal and moral responsibilty has been fully embraced by them.

What is the difference between the Republicans and the dems? They both do and say the same thing.....

I'd think since there is now an ICE hold, the SAO will drop the charge and ICE will send him home.

Love the Greens.
Libertarians are just Republicans who want to smoke dope....

what about the free masons?
what about the free loaders?
what about the free tibetians?
what about the whales, save the whales...

If ICE is involved, this guy is staying. We all saw how effective ICE is when it came to Abel Arango.

The free loadin masons moved to Tibet to work in the whale blubber plant....

Hmmmmm, I think his space at the county jail would be better filled by someone else, maybe more dangerous? More violent? More career criminalish?
Really sad when a scumbag like Abel Arango gets out and kills a cop and yet a moron that steals 42 frigging cents from a mall fountain is STILL in jail.
Something seriously wrong with that picture...

The facts are that Arango was a cuban national and he was to be deported but Cuba wouldn't allow him to come back to the country. He posted bail of 10,000.... If the judge sets a bail well if we all want to be a nation of laws when then you have to adhere to it and let him go.

The penny thief is from Hungray and it appears Hungary will accept him back or ICE will do what they do and make a decsion, nobody thought Arango would kill a cop and heinsight is 20/20.
The penny thief cannot make bail nor will any bonds man touch it also ICE is enroute so thats why he sits.

this is a microcosm of what a mess our legal justice is...and a look at a wannbe cop security guard, Heather...

Jerry Berry is right on...

Jadip, you hit the nail on the head..

As I sit here and read everyone's posted reactions, I can't help but wonder to myself how many of you are some of the same people who cry, "the LAW is the LAW, and that's it," when it comes to illegal immigrants. Does the law only apply at certain times or certain places? I really don't want anyone to get offended, but rather, just tell me why to almost everyone posted here, the law is being mocked and ridiculed. ***ok, I'm ready for the heat*** ;b

Can we name this incident? "Fountain Man"? "Fountain Fiasco"? "Mall Cops from Hell"? Anyone?
I mean, before the national media does...

Wonderful use of our resources. Vote no to anything that resembles more taxes. It's out of control.

"Naples police stand by the arrest."

Well, Naples police aren't footing the bill, so it's easy for them to say that! With the economy the way it is, these J A C K A S S E S need to think before they spend the taxpayer's money. DISPICABLE.

He's the husband of the highly-acclaimed criminal Circle of Sisters trying to recoup his cash!

Somebody foward the story to Jay Leno! What a disgrace to the Police Department! Like I say quite often..."Only in Naples!" LOL

The first thing we all need to remember is that the mall representative is the one that called for the police to respond and signed a statement. It is also the mall representative who decided they WANTED TO PROSECUTE. The police do not have the right to tell the citizens that their crime report is a waste of time and that they don't want to be bothered.

Next, Jerry Berry claims the guy could have been given a notice to appear instead of being arrested. But the first story said that although he didn't give fake ID, he didn't have positive ID on him at the time. Jerry, please inform all of us people of lesser intellect as to how to issue a criminal violation citation to a person whose identity you are unable to verify???
If the cops are expected to simply take the persons word for it as to their name and other information, I wonder how many notices to appear would be issued to Clark Kent and Lois Lane.

As to those that want to slam the cops here please keep in mind these facts.

In addition, with recent events in mind with regards to the fort myers tragedy, I'm curious about why there is an ICE hold on this upstanding citizen of our great country. What has he done previously to warrant the attention of the Federal Government? Can't imagine stealing 42 cents would warrant such attention.

Good job NPD. Regardless of how minor the original crime was, it sounds like there is more to the story and this is a guy we want off our streets.

Welcome to the totalitarian state fostered by the Bush Abomination. The Repignofascist Party, the dominant one in Collier County and the party currently occupying the White House (but not after January 20!) is the party that purports to be tough on crime. Busting someone for $0.42 from a water fountain is symptomatic of that mentality.

If the police really want to get tough on crime they should be arresting George Bush, Presidential candidate Senator John McBush and every other Repignofascist politician who shows up in Naples for fund raisers. After all, its criminals like George Bush and Senator McBush who are stealing from the national treasury to pay for their $12 billion a month war for lies in Iraqnam. I'd much rather see them in prison where they belong than to see some poor schmuck just trying to get by "pay" society for taking 42 cents from a fountain.

#35 Posted by Scratching_My_Head
Should be interesting to see how it is handled after all the negative publicity not only locally but nationwide ( it was posted on Drudge report.com). This will probably leave a bad taste in the mouths of many like the infamous Lemonade Stand Incident.

Wonder how much flack Heather Watson,( I.E. security guard who called this one in) is going to take over this. I've seen the way some of the malls security has dealt with teens and it was pretty harsh, but the kids just lounge at the mall for hours at a time and the guards are basically babysitters. So it is a catch 22.

Does merit some interest though why ICE has a hold on him.

If he was an illegal he'd be out by now !!!Jerks !!! Let him go for cryin out loud..this is BS !!

There are more people behind bars, per capita, in the United States than any other country.

Of ALL the people on the planet in prison, 25% of them are in the ole USA.

Serious problem. Exacerbated by the Naples cops this week.

ICE WE GOT TO GET THE HUNGARIANS OUT THEY ARE TAKIN OVER JUST LEAVE THE FEW HARD WORKIN MEXICANS HERE ALONE.LOL

When emotion, ignorance, combined with personal opinions are mixed the truth or just plain reality is hard to see....

Last time I checked the current administration is handing the current immigration situation with kid gloves, the evil dictator some see as President Bush isn't so.

Do you know your facts about illegal immigration and the deportation process? How about just what it takes to deport someone? You cannot just appreheand someone for being here illegally and drive him to the border and drop them off.

The bottom line is there is a process and for some reason ICE is involved now so maybe just maybe its more than meets the eye of speculation.

Maybe all this aggression and angust has been brought out by the fact that starbucks is closing 600 stores.... Life will go on, Life will go on....

What happened to the more advanced criminals like the one who stole a front end loader to load up an ATM and take it home, This gentelman needs to set his goals a little higher.

Unbeliavable how screwed this society is. It's amazing how solutions to social issues are turned into inhumane thoughts at time. God bless us all!.

I feel SO safe- Abel Arango was loose on the streets to kill a police officer but this guy is in jail???? This is a total embarassment. Shame on the security guard at the mall for pressing charges. Did he get his moment of power and authority??? Gag me!

Just making him wash a few patrol cars and sweep the parking lot. then send him home. Wherever that is

If you all care so much from a scum-bag like this guy then put your money together and get him out on your own.

hahahahhahahahaha
Naples PD they have nothing to do but to give tickets out... ohh s%#t and arrest people for taking 42 cents.... Welcome To NAPLES!!!!!!!!

It was only .42 cents but then we find this guy is illegal.Its just as well he is sent back to where he came from before he does a major crime.

A way to remedy this whole mess is to just drain the fountain and reward this keen security officer with a promotion and an award for his heroic effort!

Whatever happened to using common sense???

None of you people have a job? The security guard does and did it well. The police have a job to do and they did it well. The law is the law except when it's not convenient for a NDN blogger.

How can we be so opinionated when we weren't present and we do not know all of the facts? The Naples News has not taken any heat for all of this controversy. If this tarnishes Naples' reputation, it is because the reporter has had a field day with this all week and public officials found it necessary to make ridiculous comments in the news. I am really beginning to question why I live in such a place. I use to think this was paradise; however, the comments by residents have made me realize that there are a lot of mean spirited people here.
The presence of police officers throughout Naples have helped keep the City free from a lot of crime. Studies show that community policing is a crime deterrent.

The mall security may not have made the wisest decision, but are any of us totally free of a poor judgment call at some point in our lives? Shame on all of us for persecuting the individuals involved without knowing all of the facts. After all of the angry comments, I am sure, this will never happen again. This officer will probably let another individual like Abel Arango go rather than deal with all of this bitterness.

Jadip811 post #26 I agree with you!

"Naples attorney Jerry Berry, a former state prosecutor, said common sense has to prevail somewhere. One thing that I noticed in the last 20 years is that those in authority, from the patrolmen to the supervisors to the prosecutors, don’t exercise discretion nearly as often as they used to,” Berry said."

--- Unfortunately the above statement is very true. Is it just our county (Naples) that is wacked out??

A friends wife recently quit working for Allied at the Coastland Mall before this incident. She mentioned it was an absolutely horrible job, screwy hours, crappy pay and she personally had a male supervisor sexually harrassing her!
What a way to make a name for yourself as a security company and now incidents like this. How Allied became the fourth largest security company in the Us is beyond me.

Sad that this decision rested squarely with Allied-SpectaGuard security staff and indirectly General Growth Properties, the management company.
It appears that some policies might wish to be reviewed and possibly changed to avoid future negative publicity, huh?
I know I will think of this incident everytime I even think about going to the mall to shop. I think I will find some place else to go if they are this ignorant...

#53 Posted by Jadip811
I wanted to correct one of my mistakes.My buddies wife worked for Valor Security in the mall, NOT Allied, my mistake.
Just asked them about this guard Heather Watson and supposedly she is a real b*tchy nasty piece of work. LOL

This is one of the most absurd arrests I've ever heard of. Way to use your authority on this one. The Mall truly disgusts me in this whole situation. The NPD officer should have known better even if she was a rookie. And if my memory serves me, she is not. On the Collier County web site it states that Cercone made the arrest. If this is the same officer I am thinking of then this is not the first time that Jillian has made a bone head mistake. Maybe if she was paying more attention to her job and less time shaking her rear down on 5th ave this whole situation would have been obverted. I think its time for a few people to consider a change of profession, Don't you! Way to spend our tax dollars.