That’s the unanimous decision Ohio’s top court issued Wednesday.
An Ohio man acted so brazenly when he stole a $500 leaf blower from a residence that it wasn’t a burglary, the state Supreme Court ruled Wednesday.
According to court documents, a Portsmouth homeowner was working on his property in September 2020 when he heard the loud muffler of a passing car. He went inside the house to get his cellphone and, when he came back outside, he made eye contact with Bertram, the driver of the car. Bertram ignored the homeowner's demand to put down the blower and instead put it on the passenger seat of his car and attempted to drive off. When the car didn't immediately start, the homeowner took several close-up photos of Bertram before he eventually drove away.
In the decision written by Justice Michael Donnelly, the Supreme Court noted that the lower courts determined Bertram engaged in stealth and deception because he calmly and silently walked by the homeowner, giving no indication that he intended to steal anything.
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