A 29-year-old Englewood man is facing a second-degree robbery charge after police say he shoved a ShopRite employee who tried to stop him from walking out with a 12-pack of THC-infused cocktails Tuesday morning. Or Bar-Yehuda, described in jail records as a U.S. citizen born in Israel, was confronted around 9:45 a.m. as he attempted to leave ShopRite Liquors on Nathaniel Place with the drinks, according to police.
The employee was not injured in the shove, police said, but the physical contact was enough to transform what would otherwise have been a routine shoplifting case into a felony. As reported by DailyVoice.com, Bar-Yehuda dropped the cocktails during the encounter and was later found by officers at his West Palisade Avenue home just a few hours after the incident. He was arrested without incident and committed to Bergen County Jail with no bail set.
How a Shove Turned Into a Robbery Charge
Under New Jersey statute N.J.S.A. 2C:15-1, a shoplifting attempt may escalate to second-degree robbery only when the required elements are met, including a theft or attempted theft, purposeful action, and conduct involving physical force, bodily injury, or threats during the theft or immediate flight, according to the Law Offices of Jonathan F. Marshall. Police charged Bar-Yehuda with robbery because force was allegedly used during the theft, according to police. A second-degree robbery conviction in New Jersey carries a five- to 10-year state-prison sentencing range and fines up to $150,000, falling under the state's No Early Release Act, which requires defendants to serve at least 85% of their sentence before becoming parole-eligible, per Breslow Law Offices.
Bar-Yehuda was also charged with fourth-degree aggravated assault on a retail employee. That charge stems from legislation Governor Phil Murphy signed, which automatically upgrades a simple assault against a retail worker performing job duties to aggravated assault, according to the Office of the Governor of New Jersey. Under the state's retail protection statutes, an aggravated assault against a retail employee that causes no bodily injury is a fourth-degree crime, punishable by up to 18 months in state prison and fines up to $10,000, according to the NJ Senate Republicans.
Surveillance Cameras Led Police to His Door
Detectives identified Bar-Yehuda through surveillance footage from inside the store and cameras positioned throughout the city, according to police. The account describes the store surveillance and city cameras involved in the investigation.
The product at the center of the case was identified as Gigli cocktails. The report does not provide details about the product's ingredients, THC content, or marketing, nor does it detail New Jersey legislation or the regulatory history of hemp-derived THC drinks.
Retail Worker Safety Concerns
The Englewood case comes amid concerns about retail crime and worker safety. The legislation addresses retail-worker safety.
The case moves forward, and Bar-Yehuda remains held at Bergen County Jail with no bail set.
