It is all around us and seemingly unstoppable. Organized retail theft is the most recently reported version of the property crime craze that has swept seemingly unabated across Colorado and America. The Gazette and news outlets everywhere this week highlighted the growing scourge of those who steal from us — not for need, but for greed.
Viral videos of groups of greedy, lazy thugs storming this store or that are only an online search away. Their videos received looks and likes from onlookers, those aghast at such wanton lawlessness, and even those who celebrate their criminal conduct.
Frustration is understandably high, even in my incredibly safe home county of Douglas.
That frustration has led some to suggest violence.
Earlier this week, likely Republican presidential nominee Donald Trump proclaimed “[w]e will immediately stop all of the pillaging and theft…very simply…if you rob a store, you can fully expect to be shot as you are leaving that store. Shot.” His suggestion to shoot thieves was met with cheers amongst the California GOP crowd.
The threat of violence is a refrain Trump has sung before, shortly after the “peaceful” riots, looting, and city-burning that marked the killing of George Floyd in 2020. President Trump tweeted “These THUGS are dishonoring the memory of George Floyd, and I won’t let that happen…when the looting starts, the shooting starts….”
Trump is right to be angry, but he is wrong on his solution, both legally and morally. Our law is unequivocal that a Coloradan may use deadly force “only in defense of himself or another.” Deadly force cannot be used to defend property.
To be clear, following Trump’s advice would most likely lead to a murder or attempted murder charge. It would likely also lead to a civil suit by the shot thief or his family.
Morally, the pro-life party has found a way to explain its support for the death penalty for the worst-of-the-worst murderers, but how would we justify taking a life to preserve property? Those who applaud Trump mistake revenge for justice. What standard would grow from a policy tethered only to anger and vengeance? Would justification to kill for property extend to a Zag Nut bar, or only something bigger, like jewelry or a car? Would it have to be a nice car?
Instead, Colorado must shuffle off the suffocating cloak of tolerance for criminal conduct. Those we have sent to the Gold Dome do not have our best interests at heart. They care more about the thieves than they do victims of theft.
Colorado legislators have made sure that there are diminimus consequences for property crime. Theft, no matter how often committed and at what value, is a probation-eligible charge. Burglaries of businesses and homes remain probation-eligible. Judges are reluctant to imprison criminals who engage in “mere property crimes.” For those who earn their way to prison, Gov. Polis’ parole puts them right back on our streets in a fraction of their sentences.
The answer is for each city, county and judicial district to commit itself to ending its reliance on the radical crime apologists who dominate our state government and focus on what can be accomplished at the local level. It will require transparency, consistency and a commitment by prosecutors, sheriffs, police chiefs and judges.
Multiple studies support the notion that deterrence in criminal conduct is enhanced more by the certainty in apprehension and punishment, than it does from the severity of punishment. Let’s do it.
Localities must reinvigorate the relationship between the businesses (small and big) towards more timely and consistent reporting of theft and embezzlement. Law enforcement agencies need funding to enhance focus on identifying and crushing organized retail theft.
Cities can amend their municipal codes to do as Aurora has done — create the promise of lost liberty for stealing. District attorneys can vigorously and uniformly apply an “every thief goes to jail” policy that sidesteps the mysterious and misleading felony sentencing structure and cuts Polis’ progressive parole board out of the equation.
Every felony conviction can result in months of jail as a condition of probation. Misdemeanor convictions for theft can result in jail, and that is where thieves belong. When prosecutors or judges reveal themselves incapable or unwilling to support such an approach, voters in those communities can — and should — remove them. The answer to a Denver-Boulder corridor that has taken over state government to the detriment of public safety is to distance ourselves from state government as much as possible.
The only theft Coloradans should tolerate is stealing back authority over public safety and our criminal justice system.
George Brauchler is the former district attorney for the 18th Judicial District. He also is an Owens Early Criminal Justice Fellow at the Common Sense Institute. He hosts “The George Brauchler Show” on 710KNUS Monday through Friday from 6 a.m. to 10 a.m. Follow him on X: @GeorgeBrauchler.
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