16-year-old Cheerleader Arrested For Not Returning Uniform

Posted on: January 21st, 2009 24 Comments
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A New Lebanon High School student was arrested, arraigned and sent to the county jail March 24 because her cheerleading coach alleged she stole her uniform. The Sheriff’s Office did not identify the suspect, but her attorney, Terence Kindlon, confirmed yesterday that 16-year-old Amber King of Stephentown was charged with petit larceny.

“I’ve been practicing law for over 35 years now, and I have to say without hesitation this is the most absurd criminal prosecution I’ve ever seen,” said Mr. Kindlon from his Albany office.

Columbia County Deputy Sheriff Chad Shufelt, the resident deputy for this area, charged Amber March 24 at 8:35 a.m. According to a Sheriff’s Office report, Amber was a member of the cheerleading team and “refused to return her uniform when she was no longer affiliated with the team to the coach who personally owned it.” The Black family owns the uniforms and let cheerleaders use them, said New Lebanon Superintendent Karen McGraw.Penny Black, cheerleading coach, could not be reached for comment. She is the wife of county Emergency Management Director William Black.

The Sheriff’s Office said the school attempted to have the uniform returned, but Amber allegedly refused to comply with the request. Ms. McGraw confirmed the Blacks, not the school district, contacted police.

Deputy Shufelt met with Amber and her mother before a criminal complaint was signed in an effort to reconcile the situation, according to the Sheriff’s Office, but Amber “repeatedly refused to return the uniform. “The owner then requested criminal charges be filed and after consulting with the Columbia County District Attorney’s Office, the defendant was charged with petit larceny,” said the Sheriff’s Office report. Amber was asked to turn herself in and be issued an appearance ticket, according to the report, but she refused that request. Deputy Shufelt got a warrant for her arrest and Amber was picked up at her job here.

She was arraigned in New Lebanon Town Court before Justice Jack Nevers without a parent or attorney present, said Mr. Kindlon. Mr. Kindlon said that was permissible since Amber is 16. The District Attorney’s Office recommended $1,500 cash bail, said the Sheriff’s Office, but Justice Nevers sent Amber to the Columbia County Jail in Greenport in lieu of $1,000 and ordered her to return to court April 5. A call to the District Attorney’s Office was not returned before press time. But Mr. Kindlon was shocked to learn of what Amber went through.

“I’m disgusted,” he said. “She’s a kid. It’s a cheerleading outfit.”

Mr. Kindlon said if the owner of the uniform really wanted to take action, small claims court would be the appropriate place. He hopes to rearrange his schedule in order to appear with his client in Town Court Thursday. “The people prosecuting this case should be ashamed of themselves,” said Mr. Kindlon. “It’s appalling.” He hopes the case is thrown out as soon as possible. In the meantime, Mr. Kindlon said Amber is back at school.

“She’s a kid,” he said. “One-thousand dollars bail? What do they think, she’s a risk to the community? It’s an outrage.”

Joe Meyerson, chairman of the New Lebanon Democratic Party, called a reporter to express anger over the situation, taking specific aim at Justice Nevers, a Republican.“This is incompetence,” said Mr. Meyerson last week.“You have judges to protect people from the errors of sheriffs, school administrators and the wives of emergency coordinators who claim they own uniforms.”

Arresting a cheerleader for stealing her uniform, he argued, is like arresting a baseball player for stealing his athletic supporter. As for the school district, Ms. McGraw said New Lebanon would adopt a formal protocol for the way donations, including uniforms, are accepted. The matter was actually on her to-do list when she became superintendent recently. “We knew it was a place where we could have problems,” said Ms. McGraw.

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24 Responses

  1. Susan says:

    16 or not the kid refused to return a cheerleader uniform that did not belong to her. What do you think she should be allowed to keep what is not hers? Its theft, plain and simple. What kind of person is she going to grow up to be if she thinks she can keep what is not hers??? Time for her to learn that actions have consequences………..

    • Chad says:

      its a goddamned uniform. i was supposed to return the game ball i scored the wining touchdown with at the state championships but i still have the blamned thing in my attic… why was i never arrested but she was? cuz the school is fucking cheap and apparently a 15dollar uniform is enuf to ruin their budget for the year and copz that arrested her are tazertrigger happy donut packin clinicaly sick monkeys

      • Jens Juul Larsen says:

        If you could read the full article, instead of just skimming it and jump to comments, you’d see that the uniforms are not owned by the school, but by a private family.
        The girl in question was asked to return the uniform but refused. Then the police were contacted, and again she refused to turn in the uniform. THEN official charges were made and the girl was asked to turn herself in – AGAIN she refused to comply.

        A time comes, when enough is enough, and even if she is just a kid, she has to learn somehow, that the rules of society applies for everyone – she’s old enough to drive and to have a job, then she’s old enough to accept the legal repercussions of her own actions.

  2. Seth. says:

    I’m tired of seeing “but he/she’s just a kid” as an excuse for their chosen course of action. Amber is old enough to drive, have a job; she shouldn’t be allowed to keep someone else’s property just because she wants it; she should realize that her actions are likely to have some consequences, even if she’s cute.

  3. Rules says:

    Yeah, agreed. Yeah its just a uniform, but she showed she has no respect for others, boundaries, rules or laws.If she wanted to keep her uni for memories sake, maybe pay for it. But u dont refuse a court date. She got what she deserved, dumb girl. Why did her parents not step in at some point is ridiculous. Teach ur kids.

  4. Giles Farmer says:

    how do you know its theft “plain and simple”? Is every dispute over property a crime? Ever heard of a CIVIL CASE?

    how could it be “theft” if the owner consented to the possession? That contradicts the definition…but I forgot you’re illiterate.

    Never mind, “theft” means “apples” or whatever flavor you pick. Go to mall.

  5. Sam says:

    how do you arrest someone for not returning a cheerleading uniform?! Like are you really serious?! I think it’s ridiculous to arrest a girl for not bringing it back. The people involved in this case should be ashamed of themselves.

  6. Harry Teetee says:

    LOL yet again, we get to see our tax dollars at work. Arresting MINORS for stupid offenses.

    If you can’t get your uniforms back, CHARGE THE PARENTS.

    I’m glad to see that while our country is in crisis, that we can find the time to prosecute and arrest minors, when guess whaaaat? They’re the next generation which will be carrying this generation’s issues, such as Social Security!

  7. Anonymous says:

    according to giles farmer, “how could it be theftif the owner consented to the possession?” hey giles you idiot, go rent a car for a day and not return it and see what happens. i used to coach softball, and numerous times had to use legal action to get uniforms and equipment back, from adult (18 yrs and older) females that felt they could keep it. even after i had them sign uniform/equipment issued forms, they still tried to keep what wasn’t theirs. yes, i started with civil action to get the property back, then had to use the local sheriff’s to serve them with court orders, and in 1 case, the former player was arrested for “violating the court order”.
    too bad this girls’ parents wern’t raised properly to pass it along to her.

  8. Anonymous says:

    just one more step in our downward spiral towards a fascist nation. sieg hiel!

  9. Anonymous says:

    Not only should charges be placed against the girl for theft but against her parents for aiding and abetting and contributing to the delinquency of a minor

  10. Tim says:

    Why don’t you give her side of the story? Obviously she had a reason for not returning it. This kind of stupid use of the justice system is what is turning this country into an intolerable police state. The abuse of power by minor officials is ridiculous. The mom should sue for harassment and get out of that little hick town!

  11. Anonymous says:

    I’ve never heard of a school or coach personally providing uniforms and/or equipment. It’s absurd, the money comes from they taxpayers anyways by way of your schoolboard. If you’re a private coach then do what EVERYBODY else does and make the student buy their own uniforms.

  12. Ilvin says:

    Baseball players never return their uniform why should she?

  13. Anonymous says:

    Look Amber King lost the uniform. Big deal. She was going to pay in full for the uniform. They turned it down. So ya'll need to get your facts in line. You can't say you never lost anything in your life. She messed up like any teenager out there.

  14. Bob says:

    Well in the high school district I went to (way back when…) they had specific legal documents all students had to sign when taking out uniforms that states these legal procedures can take place if you refuse any part of the agreement. I'm hoping that is the case here, that some kind of agreement was signed beforehand, cause other wise it's all a bit excessive. I don't like the "she's just a kid" excuse, but either way it's still theft. I don't understand the whole story and why it is this coach believes the uniforms are hers, but it sounds like she made a lot of attempts to get the uniform returned. Considering the girl, Amber, didn't even bring a parent or attorney to court, she obviously wasn't making much effort to get things fixed. It's kind of like, considering this ridiculous situation who is more stupid, the coach or the girl? They're both pretty stupid. Then again, this entire story reeks of onesidedness from the coach's perspective so who knows…

  15. KASAFACE says:

    I CAN'T WAIT UNTIL PEOPLE START FIGHTING BACK AND THE COPS ARE THE ONES GANGED UP ON. I THINK WE ARE LOSING ARE FREEDOM ARE RIGHTS, AND OUR DIGNITY TO THE GANG IN BLUE, THAT'S RIGHT THEY ARE GANG!! DON'T YOU PEOPLE THAT THINK IT'S RIGHT WHAT THEY DID TO THIS GIRL AND THE REST OF THE PEOPLE ON THIS SITE KNOW THAT THIS COULD HAPPEN TO YOU. MORE AND MORE COPS ARE GOING OFF THE DEEP END IT COULD BE YOU NEXT. DON'T LET IT BE!!

  16. Anonymous says:

    Should have had Repo officer gone and hot it lol. This is crazy, small claims court ya, criminal action? What the hell are they smoking out that way? Upstate NY need to stop inbreeding including the sheriff

  17. Anonymous says:

    I AM STILL IN THE PROCESS OF COLLECTING ONE CHEER UNIFORM FROM ONE OF MY CHEERLEADERS WHO IS NO LONGER RETURNING TO THE SCHOOL IN SEPTEMBER. I HAVE CALL HER AND HER PARENTS ON NUMEROUS OCCASIONS AND STILL NO UNIFORM. UNIFORMS ARE NOT CHEAP THESE DAYS..THEY ARE TRULY EXPENSIVE SO THE BOTTOM LINE IS…'IF IT'S NOT YOURS…RETURN IT" AND SHE SHOULD HAVE BEEN ARRESTED FOR NOT RETURNING SOMETHING THAT IS NOT HERS…THAT'S WHAT YOU CALL STEALING. GOOD FOR HER!! I BET SHE OR HER PARENTS WON'T DO IT AGAIN..LOL

  18. Dude says:

    Too many unconstitutional actions where taken by the state here.

    First, the 8th Amendment:
    "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
    Is $1500 a reasonable bail for the theft of a single uniform that probably only costs $50 at best? Hell no.

    Second, the 6th Amendment
    "to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
    The right to an attorney. Which there should have been an attorney with her shortly after the arrest was declared. I wonder if she was even read her miranda rights.

    Not to mention, I'm digusted with the fact that this article mostly portrays the plantiff's side with only the occational comment from the defendant's side. I'd personally like to hear the defendant's side of the story.

    And no, I'm not saying its fine to steal. I'm just disgusted with all the laws the state broke in arresting her.

    • Jens Juul Larsen says:

      The size of the bail isn’t related to the value of the crime, but it’s an incentive for the defendant not to skip court.
      Considering how lightly the girl has value the demands already, I think 1500 bucks is a bit low.
      Yet 1500 is prolly well within limits of what her family could raise, yet not so little that they would scoff at throwing it away, if she decides (yet again) that rules doesnt apply to her…

  19. Some Guy says:

    This should have been taken before a civil court as a dispute over a uniform. I am a big fan of making cases civil vs criminal whenever possible.

  20. Heywood Jablome says:

    How do I get a setup like that? Get a bunch of 16 year old girls to wear skimpy shorts and then give them back to me? Oh YEAH!

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