We frequently talk civil and criminal cases which take a turn for the odd. An Oklahoma case is this a standout following Tulsa police cited a curious identification component in the arrest of Sharon Carr:”Cheeto dust” found within her teeth. A girl had fled a house after a burglary but left a bottle of water and an open bag of Cheetos. It appeared to affirm to verify the longtime motto of the firm that”It Ain’t Easy Bein’ Cheesy.” However, despite going viral as a narrative, there clearly was a tad more than just Cheetos dust on this collar.
Sharon Carr was detained on a first-degree burglary, based on Tulsa Police. However, the police did not go searching for Cheeto dust. The police arrived at the home following the mom called 911 and said a girl had pried a screen off her entered and window. Almost immediately though, Carr emerged in the shadows based on KTUL. The mom then identified her as the burglar.
So the Cheetos evidence makes better media copy and then a prosecution case.
The substantive question is if just entering not carrying anything would be first degree burglary, or if she simply stole the Cheetos. The answer is it is first degree burglary.
Under state legislation (and a Number of Other countries ), it is entrance in a busy house with intent to commit a crime which satisfies the elements for first degree burglary:
Every person who divides and enters the dwelling house of the following, in which there is at the time a human being, with intent to commit some crime therein, either:
1. By forcibly bursting or breaking up the wall, or an outer door, window, or portrait of a window of such home or the bolts or lock of such door, or the fastening of such window or portrait or
2. By breaking in any other manner, being armed with a dangerous weapon or being helped or aided by one or more confederates then really pose; or
R.L.1910, § 2611. Amended by Laws 1979, c. 43, § 1, eff. Oct. 1, 1979.
In this case, the window display was pried available to accomplish entrance into a busy house. That’s sufficient regardless of whether she obtained or brought the Cheetos at the crime scene.
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