New Orleans candy swiper sentenced to year in prison while Orleans DA weighs stiffer sentence _lowres

Jacobia Grimes

New Orleans shoplifter Jacobia Grimes, facing a possible sentence of 20 years to life for stuffing $31 worth of candy bars into his pockets at a Dollar General store, has rejected a plea offer from District Attorney Leon Cannizzaro’s office that would have seen him serve a four-year sentence as a double offender, his attorney said Friday.

The offer was the same sentence that Grimes agreed to serve when he pleaded guilty in 2010 to swiping socks and trousers in a similar shoplifting attempt.

Grimes, 34, did not appear in court for a hearing Friday. He remains jailed on a violation of his $5,000 bond, having tested positive last week for opiates, cocaine, oxycodone and marijuana.

But Criminal District Court Judge Franz Zibilich again suggested to prosecutors and Grimes’ attorneys that they work out a deal for less jail time, followed by probation and drug treatment.

Zibilich noted Grimes’ lengthy criminal record, which includes more than a dozen arrests since 2000. Most of the nearly nine years he has spent in prison since 2001 were the result of shoplifting convictions, records show.

“I agree he has to pay the consequences, even though it’s candy. I would like to see some sort of split sentence,” Zibilich said.

However, Assistant District Attorney Iain Dover said state law may not allow it, given Grimes’ status as a potential “quad” offender under the state’s habitual offender law.

“I can’t see how we get there under the law,” Dover said.

Cannizzaro’s office charged Grimes in a bill of information Feb. 3 under a state statute for theft of goods by someone with multiple convictions for the same thing. His earlier convictions elevated his alleged candy heist, on Dec. 9 at a Dollar General store on South Claiborne Avenue, to a felony.

Whether Grimes would face 20 years to life if he’s convicted of the candy theft would be up to Cannizzaro’s office. State laws give prosecutors discretion following a conviction to raise the ante by filing a “multiple bill.”

His case, given the nature of the crime and the possible penalty, has gained wide attention, prompting Cannizzaro to publicly dismiss the notion that he would seek such a heavy sentence for a shoplifter.

Dover argued that Grimes’ criminal record shows that slaps on the wrist don’t seem to work.

“It’s not the state’s fault. It’s this guy’s fault. He’s had a chance. He’s had the opportunities,” Dover said.

Zibilich suggested that both sides could agree to go below the mandatory minimum prison sentence in a plea deal that includes treatment, so long as nobody challenged it.

“Do we have to be married to every single syllable of this book?” he asked of the state’s penal code.

Grimes’ trial is scheduled for May 26. His attorneys, Miles Swanson and Michael Kennedy, have opted to forgo a jury and let Zibilich decide the case.

Following the brief hearing, the judge turned to a class of young would-be lawyers sitting in the courtroom gallery, filling them in on what had just transpired.

“Basically, he’s a kleptomaniac with a drug problem, and he’s looking at 20 years to life, and that’s the name of that story,” the judge said.

Afterward, Swanson took issue with that characterization.

“I don’t think he’s a kleptomaniac,” Swanson said. “I think he has a drug problem.”

Grimes is scheduled to return to court May 5.

Follow John Simerman on Twitter, @johnsimerman.