Mixing and Matching Pop-Tarts, Refusing to Pay, Leads to Arrest

A local woman was arrested last month on charges after allegedly opening up boxes of Pop-Tarts and allegedly refusing to pay for them.

Kelley A. Smith, 45, of Center Road in Canterbury, was arrested at 8:05 p.m. on Aug. 9, 2015, on 10 counts of criminal mischief and a single count of willful concealment.

Editor’s note: This post was derived from information supplied by the Concord Police Department. It does not indicate a conviction. Click this link to find out how to get a name removed from a New Hampshire Patch police report.

Officers were sent to Market Basket on Storrs Street for a report of a woman who was refusing to pay for groceries.

When they arrived, the store was locked, there was a man standing outside, and a woman with her face pressed against the glass of the exit door. One officer spoke to the man while the other spoke to the woman.

The woman allegedly stated her name was “Kelley Labrie” but he later learned that her name was Smith. She was reportedly standing next to a backpack with groceries.

“I asked Smith if the groceries in her bag were the groceries she took from the store,” he reported. “Smith stated she wanted a lawyer.”

Smith was arrested for willful concealment and the officer asked for the backpack and allegedly found pancake batter, honey, a pocket full of celery, and other items. He also allegedly found a plastic Ziploc bag containing an orange, grainy residue was field tested for heroin and methamphetamine but the test was deemed inconclusive and later, sent to the state lab.

The other officer spoke to the store manager who alleged that he saw Smith opening up boxes of Pop-Tarts and removing the packages from the boxes. It appeared as if she was trying to make herself a variety pack from the various boxes, the manager alleged. He also allegedly saw Smith put other items in her backpack.

When asked what she was doing by the manager, Smith allegedly stated she was mixing and matching. When she was told she couldn’t do this, she reportedly got up and walked to the register. The manager collected the boxes and brought them up to the register and requested that she pay for them because he could no longer sell the packages were opened.

“Smith refused to pay for the Pop-Tarts,” the officer alleged.

The manager also requested that she pay for the items she was allegedly attempting to steal and she reportedly said she wasn’t going to pay for them so he called police.

There were allegedly 18 items in the backpack with a total price of more than $51, according to the report. The value of the damaged Pop-Tarts was $20. They also allegedly found three bottles of perfume that were suspected of being stolen from Marshalls, according to the report.

Smith is due in court on Sept. 21.

During booking, Smith reportedly complained that she was hungry and attempted to open the cell door to leave twice. She also requested a blanket and displayed lethargic behavior, according to the report.

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