Kern DA files first felony case under Prop 36 law
Dec 23, 2024
BAKERSFIELD, Calf. (KGET) -- A man with six prior theft-related convictions who's accused of stealing electric scooters from a Target has become the first person in Kern County charged under a new law that took effect with the passage of Proposition 36.
Dustin Towery, 25, previously would have faced misdemeanor charges.
But under Prop 36, which voters passed in November, a person with two or more theft-related convictions who steals property worth less than $950 can be charged with a felony.
The two electric scooters Towery and an unnamed suspect stole from the Target at The Shops at River Walk have a combined value of $879, according to a release from the District Attorney's Office.
His arrest came Thursday -- a day after the law took effect.
Prosecutors say Towery and the other suspect ran out a back exit with the scooters and fled from officers. Towery was found hiding under a vehicle and arrested, according to the release.
The scooters were recovered.
Towery was arraigned Monday on felony shoplifting and misdemeanor resisting arrest charges. He's being held without bail -- prosecutors say he has a lengthy history of failing to appear for court hearings -- and has a preliminary hearing scheduled Jan. 6.
Remarking on the charges, District Attorney Cynthia Zimmer said, "Californians overwhelmingly supported this new law, which gives police and prosecutors the tools to once again provide real accountability for repeat theft offenders. I look forward to putting these tools to work and bring order back to our communities that for too long have suffered at the hands of repeat theft offenders."