69-year-old Kavoos Baharianfard was arrested by San Jose Police officers in February of 2012 for a misdemeanor PC 459-460(b). Baharianfard entered the Home Depot located at 2855 Story Road in San Jose with the intent to commit and or commit the crime of petty theft.
Baharianfard was seen on surveillance cameras walking through the parking lot, picking up a receipt and then intentionally going into the store to find the items on the list. Omar Martinez, a lot attendant with Home Depot said, “If we see a receipt on the ground, we are supposed to pick them up.”
An assistant manager with Home Depot said, “It is a big problem with our legal department.” He said, “A lot of times people will try to bring in a receipt and try to get money back.” Baharianfard had requested a staff professional help him find the items he had seen on the receipt. Asset protection specialist’s at Home Depot, or APS had seen Baharianfard entering the store, “with no merchandise”.
APS officers saw Baharianfard take a 20 oz DASANI bottled water and exit the front area of the store. He then moved throughout the store and asked a clerk to help him locate a furnace filter and had selected a 16 x 25 Perm Filter Web Plus for $19.97. He then left the store. Baharianfard was charged with taking the furnace filter, and 20 oz DASANI bottled water for $1.53.
APS officers detained Baharianfard in the parking lot, and were then taken into custody by San Jose Police officer. Once in custody, it was found that Baharianfard also had three prior charges of petty theft under PC 666 (a), which now offsets the initial crime with a secondary charge, and can increase the amount of time in jail he may receive if convicted.
Baharianfard appeared in Courtroom 23 in the Santa Clara County Hall of Justice on Friday, Jan, 11, 2013. In a follow up to determine if restitution, and commitment of the defendant to pay back the money for the items is implemented, the court will order the person or persons to pay back the amount allocated within a specific amount of time in order to settle the dispute. The presiding judge may order the defendant to pay back the amount determined at the time of the arrest, and/or determination of the value of the property taken, and/or arrange for that person to work of the amount owed through a weekday or weekend work program.
When the suspect was located in the parking lot, he had claimed that he had paid for the items. Follow up investigation during the detainment of Baharianfard had yielded 10 receipts on his person. The receipts were collected into evidence, and Baharianfard was booked into the Santa Clara County Main Jail.