No jail time for sandwich thief

Nashuan receives suspended sentence; must enter Drug Court

NASHUA – After taking a haul of sandwiches, condiments and beverages worth about $16 from a grocery store in May, Nashua resident Misty Brown faced a possible sentence of up to seven years in state prison.

Instead, Brown, 41, of 28 Railroad Square, Apt. 44, was sentenced Tuesday in the Hillsborough Superior Court-South in Nashua to a year in jail for two grocery store thefts, and six months in jail for a heroin possession charge. All of the jail time is suspended for the next three years, as Brown completes her Drug Court program.

Brown was arrested on May 19 after Market Basket employees saw her walking through the store, putting items inside her clothing, and then walking out without paying. She was detained outside the store and police were called. The responding officers found she had two sandwiches, salad dressing, cheese and a couple of beverages in her clothes, with the total value being about $16.

Around the same time as the Market Basket incident, Brown had been caught at a city Hannaford helping herself to a cart full of groceries. According to court records, Brown filled a cart full of items. She even took a sweatshirt off a sales rack, removed the tags, and wore it throughout the incident. At one point, Brown took a couple of items to the customer service desk and “returned” them for a little more than $11 in cash.

All these alleged grocery shenanigans netted Brown two Class B felonies, each

punishable by three and a half to seven years in prison. In New Hampshire, thefts of between $500 and $1,000 are eligible for Class B felony charges, while Brown’s thefts would normally garner misdemeanor charges. Misdemeanors are punishable by up to one year in county jail.

Brown’s charges were elevated to felonies based on her prior convictions. In 2015, she was convicted of theft, and in 2016, she was convicted of receiving stolen property.

Along with her Drug Court programming, Brown will make restitution to the two grocery stores. She’s also ordered to stay away from the facilities.

Damien Fisher can be reached at 594-1245 or dfisher@nashuatelegraph.com or @Telegraph_DF.