On December 14, 2010 members of the Henderson Police Department’s Patrol Division arrested and charged Robert Allen O’bery, 34, of 111 S. Pinkston Street, Apartment 19 in Henderson, North Carolina.
Robert Allen O’bery
O’bery was charged under N.C. General Statue 14-72.11 (2), larceny from a merchant, which makes a person guilty of a Class H felony if the person commits larceny against a merchant under any of the following circumstances:
(1) If the property taken has a value of more than two hundred dollars ($200.00), by using an exit door erected and maintained to comply with the requirements of 29 C.F.R. Â§ 1910.36 and 29 C.F.R. Â§ 1910.37 upon which door has been placed a notice, sign, or poster providing information about the felony offense and punishment provided under this subsection, to exit the premises of a store.
(2) By removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device.
(3) By affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price.
(4) When the property is infant formula valued in excess of one hundred dollars ($100.00). As used in this subsection, the term “infant formula,” has the same meaning as found in 21 U.S.C. Â§ 321(z). Â (2007373, s. 2; 2008187, s. 34(b)).
Mr. O’bery allegedly removed anti-theft devices that were attached to items that he is alleged to have removed from Walmart, 200 N. Cooper Drive in Henderson, North Carolina. O’bery has been accused of removing the following items: assorted Leapfrog Explorer books, kid’s toys, grocery items, and a rifle scope. The total value of the items taken was $466.13.
O’bery received a $1,000 secured bond pending a court hearing on December 28, 2010.