Man freed after 273 days in jail for theft of snacks, energy drinks

Thursday, January 29, 2015

A 21-year-old Cloverdale man who spent the last nine months in jail for stealing snack cakes, energy drinks and alcohol is a free man again.

Putnam Superior Court Judge Denny Bridges ordered Jacob Higdon released for 273 days time served after the defendant pleaded guilty to two counts of burglary, a Class C felony, in exchange for the Putnam County Prosecutor's Office dropping two counts of theft, a Class D felony.

Held on those four felony counts for break-ins last April 13 at the Cloverdale Dollar General and Cloverdale Liquors, Higdon could have faced a maximum of 22 years in prison if found guilty on all charges.

Deputy Prosecutor Justin Long recommended Higdon get four years on each of the two counts, to be served concurrently, meaning he would have been released after two years on good-time credit.

However, the fact Higdon had no criminal history prior to breaking through the glass front doors and committing thefts at the two Cloverdale businesses was "a huge mitigating factor," Judge Bridges said in pronouncing sentence as four years, suspended all but for time served.

"I don't think the 'Crime of the Century' included Little Debbie snack cakes," the judge added.

The nine months Higdon served in the Putnam County Jail was "more than appropriate" for his theft of the snack cakes, Monster energy drinks and bottles of vodka, Defense attorney Scott Adams told the court.

"I think he's a bright enough kid that he understands he went off the reservation for one night and suffered the consequences," Adams said before suggesting the sentence be limited to time served.

Bridges agreed.

"It sounds like you've learned your lesson," the judge told Higdon.

An aimless night of hanging out with friends, compounded by a little peer pressure, resulted in Higdon being caught and charged. Only Higdon.

"I got talked into it, and I did it," Higdon admitted. "At the time I was all in hyper mode, not really thinking about getting into trouble."

Adams was bit more blunt.

"Young and dumb, that's the best explanation I've got," the court-appointed defense counsel said. "Not that he's dumb, but he did a dumb thing."

Judge Bridges wondered what happened to Higdon's friends, who included at least one other person captured on video taking some of the eight bottles of vodka from Cloverdale Liquors.

"What about your buddies?" he asked. "Did they run faster than you?"

"No," Higdon reasoned, "they were in the right place at the right time and I was in the wrong place."

As part of Higdon's sentence, he will be on probation for the remainder of the four-year sentence and must make $730 restitution to the liqour store.

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