Makiki couple arrested over $5 sandwich

Reported by: Brianne Randle
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Updated: 11/01/2011 5:39 pm

UPDATE:  Safeway released a statement saying it has contacted police and will not be pressing charges against the couple.

They were arrested after paying for $50 in groceries but not paying for the sandwich they ate while shopping.

Because they have no family here, their 3-year-old daughter was taken into state custody for 18 hours.

Safeway says quote, “it was never our intent to separate a child from her mother and we agree that the situation could have been handled differently."

They also said they have contacted the woman and offered an apology.

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A couple's three-year-old daughter was taken away from them for 18 hours after being arrested for forgetting to pay for a $5 sandwich while grocery shopping.

"This is unreal this could happen to a family like ours," says Makiki resident Nicole Leszczynski.

She is thankful to have her 3-year-old daughter Zophia back home.  She says Wednesday their family was torn apart while on a shopping trip at Safeway on Beretania street.

"We walked a long way to the grocery store and I was feeling faint, dizzy, like I needed to eat something so we decided to pick up some sandwiches and eat them while we were shopping," she says.

Leszczynski who is 30-weeks pregnant, her husband Marcin and daughter Zophia loaded up a shopping cart and paid for $50 worth of groceries.  But forgot about the $5 sandwich.

"It was a complete distraction, distracted parent moment," she says.

That's when store security stopped them, and asked for their receipt. 

"I offered to pay, we had the cash we just bought the groceries."

Instead she says the store Manager called police.  The couple was taken to the HPD main station and arrested for 4th degree theft.  Zophia was taken into custody by Child Protective Services.

"When they notified us that they would have to take her because we both would be arrested, I just couldn't believe it, couldn't believe this was happening, because I forgot to pay for the sandwich and that she's never been away from us this long," she says.

Leszczynski says she spent a sleepless night worrying about her daughter and shared the ordeal on the website babycenter.com.  A post that grabbed the attention of hundreds of outraged parents.

"We didn't know where our daughter was, didn't know what the situation was, she didn't have any clothes they just took her right from the grocery store," she says.

Zophia was returned to her parents 18-hours later.

Safeway Management issued this statement: "Safeway is aware of the incident and is working closely with the appropriate law enforcement authorities. The incident is under review but until the investigation is finalized it would be premature to comment."

"I hope no one else has to go through this," says Leszczynski.

The couple says say it was never their intent to steal the sandwich.  They plan to argue against the shoplifting charge when they appear in court in November.

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244 Comment(s)
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Here are the most recent story comments.View All

MufiIsaTufi - 12/20/2011 7:24 PM
0 Votes
Are these people in jail yet? Being pregnant, having children or being new to the islands is no excuse.

conmol - 11/18/2011 10:39 AM
1 Vote
I have a new policy. If the Safeway cashier over charges me a sand which and I have already gone out of the store. I will call the cops and ask the cops to arrest the store manager and the cashier for theft. Sorry, I do not accept refunds! I have a new policy. I will have the store manager and cashier spend 24 hours in jail away from family. I will have the store manager and cashier post bail for $50. Sorry I have a new policy I don't accept refunds for theft.

blaackbird - 11/18/2011 4:41 AM
1 Vote
Surely for the theft of a single sandwich a citation and court date would have been sufficient? Nothing has been reported about the couple making any trouble when it came down to it. I personally would have bought the sandwich before eating it, then done the rest of the shopping, mind you, because I know I'm forgetful and don't like the idea of eating what I haven't paid for. Does that mean I think those who do otherwise deserve what they get? I'm frankly shocked at the reactions I've seen here. When did humanity become so callous, so lacking in mercy? Are we all so eager to show our righteousness that we would gladly condemn those who stumble to build ourselves up? Would it not be enough of a shock to someone who didn't pay for one sandwich, to have store security and cops gathered around asking questions before making them pay for the sandwich and issuing a citation? It would scare the crud out of me, and would be fairly embarrassing, and I wouldn't forget it in a hurry. This oversight in no way warrants removal of a small child for the better part of a day... had it been a deliberate theft of one sandwich I would still feel it was unnecessary. I'm far more troubled about the charity of the human race at this point than I am about paying higher grocery costs.

FlyingBubo - 11/15/2011 8:29 AM
0 Votes
Gee @tonyah, can you honestly say that two grown adults will actually forget to pay for their sandwiches? One may be an error but two is definitely a conspiracy. Why would you consumed something that is not yours to begin with? How did you pick up such a bad habit? Funny that if these two are from downtown...why did they didn't to Pali-Vineyard Safeway and why they walked all the way to this Safeway? Any thought?

tonyah - 11/13/2011 9:54 AM
0 Votes
I honestly believe her story! I, many of times have eaten something in the grocery store while shopping. I, of course pay when I leave, but I have never been in the situation she was in. I can definitely see forgetting to pay when going through what they wen through leading up to this moment.

NYGirlEMT - 11/10/2011 4:53 PM
0 Votes
Okay, if all of you posters are from Honolulu, I am suggesting right now that you save yourself grief and don't ever come to the main land US. Here on the mainland, a "big shoplifter" has a gun, a ski mask and leaves with 10k and some iPods... Not a sandwich. If you ever do come to the mainland, I invite you to try a sandwich at any local supermarket. You can eat it there and pay for it when you check out... For no additional "charge."

duhrango - 11/9/2011 2:21 AM
1 Vote
Did they intend to pay or not? Well all of us know one thing for certain, they didn't pay and got caught. Sometimes in all of our lives we do things unintentionally it's when we get caught doing these so called unintentional things that we defend ourselves by saying, I didn't mean to or not to. What if the couple made it out of the store and all the way home and then realized that they did not pay for their food, would they have returned and paid? Hmmmm. Would I or would you? Hmmmm. I believe we all would like to think we would, and I'm sure some really would. How honest are we? Especially the ones that claim to be honest....how honest is someone that says they are? Forget saying it, live it. These people technically broke the law. They were shown no mercy. But the child suffered the most I think. That makes me angry. Not at Safeway or the Police, but at the parents. Wise up you two.

mezmerize - 11/7/2011 9:40 PM
0 Votes
the couple should know better. you got have to pay first, then eat it. really show a good example to your kids . when you open that package in the store before paying, that is the same thing as opening up a dvd case and taking the dvd. when she put that sandwich in her mouth, she should have paid it first and held on to the receipt (proof of purchase) hello! whatever merchandise in the store not paid for yet, you consume it, take it, it is STEALING. To prevent " forgot to pay" Do the right thing. show your kids the right way. She deserve to be arrested. Teach them a lesson. I pitty for their child had to go through what she had to go through.

FlyingBubo - 11/7/2011 5:27 PM
0 Votes
@bsympatico, there is nothing vindictive to many of the people who write against this couple. Simply put, most of us tired of criminals making up excuses and lies to covered their wicked butts when they get caught. It really that simple. This couple uses pregnancy and their own child in the effort to get off their petty thieving. Criminals using their only child as a shield is really disgusting. "Oh, please don't arrest us, think of our only child!" Who put that child in that position? They did. Safeway would probably be pressing charges now if they knew how wide the support they actually had. The initial blog statements were very pro-shoplifters crying over pregnancy and poor child send to the CPS and they panic over what they thought to be bad press. They had no faith in the honest people of Honolulu who were not fooled by this couple's effort to gain sympathy for their crimes by showcasing their excuses. If they try to sue, they will get the award they and their lawyer deserves....one penny!

chickenlittle - 11/7/2011 4:26 PM
0 Votes
what is the goal of the media in covering a story regarding theft? Am I supposed to side with the thieves because they made a poor decision and they have a child? Am I supposed to wish bad things on the loss prevention unit and the store manager for doing what their jobs? Just because they offered to pay for the item AFTER they got caught doesnt make it all right. They have a child and should be acting in that childs best interest all the time, which means probably not a good idea to try and steal while your with your baby and not everyone is going to give you a pass for that. There are lots of ways they couldve avoided the problem, pay for it right away would have been the best choice. Business get stole from all the time by people that they dont catch, when you catch someone you hold them accountable. or should we all just say FREE SANDWICHES AT SAFEWAY....unless you get caught then you have to pay for it and its all gravy baby.

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