The court record shows that prosecutors last Friday dismissed a misdemeanor theft charge against an Acushnet woman accused of stealing hundreds of dollars’ worth of herbs from a roadside stand …
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The court record shows that prosecutors last Friday dismissed a misdemeanor theft charge against an Acushnet woman accused of stealing hundreds of dollars’ worth of herbs from a roadside stand in Adamsville nearly two months ago.
The whole story? There’s more to it.
In early June, Little Compton police arrested Pamela DePina, 75, of 103 Tootle Lane, Apt. 1, Acushnet, after they said she admitted taking 50 oregano and rosemary plants from Adamsville resident Nicole Wordell’s roadside stand on Wednesday, May 7 — video captured by surveillance cameras that day showed DePina putting some 50 plants in the back seat of a black Mercedes and driving off. It was at least the third theft from the stand since last summer, and the previous two cases remain unsolved.
Little Compton tracked DePina down weeks later through her license plate number and in an interview at police headquarters, she acknowledged taking the herbs, police wrote in an incident report.
Victim seeks dismissal
Prosecutors brought their case to court Friday, but during DePina’s arraignment in Second Division District Court in Newport, Wordell asked that the charge be dropped:
“I’m an empathetic person and I didn’t think it was right,” she said Monday.
After the theft, DePina retained the services of attorney Nicholas Obolensky, who grew up just around the corner from the herb stand. He said Monday that his client never meant to steal anything — she suffers from several medical conditions and has been experiencing cognitive decline in recent months, he said.
Obolensky said DePina had trouble “recollecting when, where, and why she stopped at the roadside stand but after prompting did remember not having enough money to pay for plants on one occasion,” he said. “She fully intended to return and pay for the plants but suffered a fall the next day that landed her in St. Anne's hospital with a concussion and sprained wrist. Thereafter, she forgot about her stop at the roadside stand” until she received a call from Little Compton police.
Obolensky said his client has no criminal record, was extremely remorseful, and “eagerly wanted to make things right.”
Just prior to the Friday’s court appearance, Obolensky reached out to Wordell and told her of his client’s medical status and the extenuating circumstances involved. Wordell said Monday that several of her family members have also suffered from the same conditions, and “I didn’t want anyone going through treatment to spend a single day in jail because of that. I’m an empathetic person.”
Obolensky said his client offered to pay for the loss of the plants, as well as reimburse Wordell for the cost of two additional security cameras she purchased after May 7 — the total came to just under $1,000. Wordell brought that offer to court on Friday and according to Obolensky, “after discussing ... with all relevant parties, and considering Ms. DePina’s health and absence of any criminal record whatsoever, it was determined that the matter could be dismissed.”
Wordell said Monday, and Obolensky confirmed, that following the dismissal, she and DePina hugged outside the courthouse.
“It was a mistake at the end of the day,” Obolensky said. “If only more conflicts could be handled conscientiously, in a manner that empowers rather than diminishes the parties involved.”