Naples man charged with felony, accused of not paying for soda at McDonald's


 Name: MARK FRANCIS ABAIRE 
 Charge:  PETIT THEFT-
 Residence: Naples, FL 
 Age: 52
 Occupation: UNEMPLOYED

CCSO


  • Name: MARK FRANCIS ABAIRE
  • Charge: PETIT THEFT-< $100 THIRD OR SUBSQ CONV
  • Residence: Naples, FL
  • Age: 52
  • Occupation: UNEMPLOYED

— A Naples man faces a felony charge after he was accused of walking out of the McDonald’s in East Naples without paying for a cup of soda.

After filling a courtesy cup with soda Thursday at the McDonald’s soda fountain and then leaving the restaurant, Mark Abaire, 52, of the 500 block of 14th Street North, was arrested by Collier deputies and now faces a felony theft charge, a sheriff’s report shows.

A manager told sheriff’s deputies that Abaire entered the store and asked for a glass of water around 10 p.m. Although the employee told him the cup was for water, Abaire filled it with soda at a fountain machine and sat outside the restaurant, according to an arrest report.

During a conversation with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager, the report stated.

While his charge is petty theft, because of previous petty theft convictions, the charge for drinking the unpaid-for soda was increased from a misdemeanor to a felony, the arrest report shows. In Florida, a third-degree felony can result in a sentence of up to 5 years in prison and a $5,000 fine.

Abaire faces additional misdemeanor counts of trespassing and disorderly intoxication. On Saturday, he remained in the Collier County jail with bond set at $6,500.

© 2012 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Comments » 95

silverback writes:

I know Mark, he has very limited capacity. He should not be out at all.

He will be a problem (though a petty one) to society all his life.

cozyboy writes:

(This comment was removed by the site staff.)

naplescriminaldefense writes:

I bet he tried to get water but bc he was intoxicated he hit the wrong lever. That would be a defense.

Jarvis (Inactive) writes:

Nobody wants a drunken bum on the premises, but thanks to American Socialism, now he gets a court appointed shyster ($5K or more), free medical care, free room and board ($22K per year), and he will probably hire Morgan and Morgan (f--- The People) to sue McDonalds, and get a few bucks put into his commissary account.

DinNaples writes:

in response to cozyboy:

(This comment was removed by the site staff.)

(This comment was removed by the site staff.)

FreshFace writes:

Wow! and with the mark-up on their sodas they couldn't just let it go? Waste. Of. Time and Money.

Bigkondorsback (Inactive) writes:

He must be the only white guy in his neighborhood.

malcolmlandry writes:

Another st matthews ellison resident causing problems for the rest of us. Get ready for it Bonita Springs. Registered democrat, mayor ben nelson wanted this for Bonita and you are getting it.

crazyjoedivola1 (Inactive) writes:

Someone actually bothered the police with this? The employee and the manager need to stop drinking the McD Kool aid, corporate really doesn't care that they were trying to save the company a dime.

brown writes:

Looks like neo-conservative...

TiredoftheBS writes:

I've seen other than white people do it all the time but no manager confronts them.

Also have seen two different times the same family at the Park Shore MCD order meals then complain that there is something wrong with every one, such as "I wanted no onions" to "I didn't want ketchup". Then have the staff make them completely new meals without taking the "wrong" meals back. The "family" then takes them home while talking about how they get away with it, under their breath!

There are no morals anymore.

BTW: That same family easily walked out to their SUV in a handicapped spot and when confronted by me about the spot was told to "mind your own effing business"!

Entitled people suck!

Here4Now writes:

Hey, they did ask him to leave, and he refused and got belligerent. If you ask me, the employee should have invoked Stand Your Ground and offed him on the spot.

Here4Now writes:

in response to TiredoftheBS:

I've seen other than white people do it all the time but no manager confronts them.

Also have seen two different times the same family at the Park Shore MCD order meals then complain that there is something wrong with every one, such as "I wanted no onions" to "I didn't want ketchup". Then have the staff make them completely new meals without taking the "wrong" meals back. The "family" then takes them home while talking about how they get away with it, under their breath!

There are no morals anymore.

BTW: That same family easily walked out to their SUV in a handicapped spot and when confronted by me about the spot was told to "mind your own effing business"!

Entitled people suck!

Welcome to the world of retail. Oh yes, people suck.

Colorado (Inactive) writes:

in response to Jarvis:

Nobody wants a drunken bum on the premises, but thanks to American Socialism, now he gets a court appointed shyster ($5K or more), free medical care, free room and board ($22K per year), and he will probably hire Morgan and Morgan (f--- The People) to sue McDonalds, and get a few bucks put into his commissary account.

No doubt you would be in favor of shooting or lynching him. Nice.

teazle writes:

This is one of those s----- stories that make national headlines. How embarrassing!

rngulf writes:

It is a sad plan that we don't have for disturbed folks like this. McDonalds tried to allow him to sit and have some water and he abused their kindness and sad that our only recourse is the expensive court system rather than an expensive rehab system.

DinNaples writes:

in response to crazyjoedivola1:

Someone actually bothered the police with this? The employee and the manager need to stop drinking the McD Kool aid, corporate really doesn't care that they were trying to save the company a dime.

If you were bringing your young kids in for a treat, would you want this guy on the property? Excellent policy to keep paying customers coming.

BillBrasky writes:

in response to Jarvis:

Nobody wants a drunken bum on the premises, but thanks to American Socialism, now he gets a court appointed shyster ($5K or more), free medical care, free room and board ($22K per year), and he will probably hire Morgan and Morgan (f--- The People) to sue McDonalds, and get a few bucks put into his commissary account.

Your idea of socialism is going to jail for a petty crime?

How hell bent are neocons on labeling EVERYTHING socialism anyway?

look out...scary socialism....SOOOOOSHHHAAAAALLLLLIIIIIISSSSSSSMMMMMMMMMMMM! Mauhahahahahaaha!

NaplesDB writes:

A felony. Great work Naples PD thank you for jailing this dangerous felon who wanted some liquid so he wouldn't die. A g#d#mn dollar. I will give the multibillion dollar corporation its d*mn dollar to set this man free. But it will be the last dollar it ever sees from me or my family.

NaplesDB writes:

(This comment was removed by the site staff.)

Dilbert writes:

in response to teazle:

This is one of those s----- stories that make national headlines. How embarrassing!

Thank heavens for CCSO.....

Where else would this happen?

unfatcat writes:

Repeat offenders--not bad enough to lock up; not good enough to live within society parameters; not worth spending taxpayer money to prosecute; but resulting in more crimes and casualties if not, and victims paying their own insurance hikes and loss of insurance due to filing theft claims.

There has to be a better way without making every burden the taxpayer's or insurance payers. I once had a car stolen; and I would rather have spent a few days behind bars myself than paid the new car insurance rate for being the victim; that is, after I found a new insurance to cover me, because my company stopped coverage immediately.

SNOWBlRD27 (Inactive) writes:

White mans burden.

crazyjoedivola1 (Inactive) writes:

in response to DinNaples:

If you were bringing your young kids in for a treat, would you want this guy on the property? Excellent policy to keep paying customers coming.

Uhh, it's McDonald's not the Ritz-Carlton, you take your chances.
And he probably would have gotten his drink and left if he wasn't confronted.

Opinionated writes:

in response to SNOWBlRD27:

White mans burden.

Racist remark Guido

4momsonly writes:

Please, don't the deputy's have better things to do!!
Wish I would of been there I would of gladly paid for his drink..
I think we need to train the McDonald's employee's to make better use of their time.
Your right we will pay for room and board at the collier county jail, and then for his lawyers.

Blackie1326 writes:

Really is this the best you can do? Unreal!

joeshmoe writes:

There should be an optional place for people like this to go. free soda drinks and hot dogs and let em live in peace.

Dilbert writes:

in response to 4momsonly:

Please, don't the deputy's have better things to do!!
Wish I would of been there I would of gladly paid for his drink..
I think we need to train the McDonald's employee's to make better use of their time.
Your right we will pay for room and board at the collier county jail, and then for his lawyers.

No...seasons over...gotta justify all those deputies on payroll.

youwilltapout writes:

Some of you people are unbelievable.

This donkeybutt took advantage of their kindness and then took an attitude when they called him on it. Then they ask him to leave and he starts cursing at them. He got we he deserved any logical way you look at it. Too bad so sad. It is a felony because he stole something before. When you own the business and you want to give free sodas to beligerant bums, I hope they empty the St Matts house and come stay all day and night.

rosesjeansnlace writes:

By the time it gets to court, Mickey D's will drop the charges!

TonySoprano writes:

Gotta love the bottom feeders.

CarpeVeritas writes:

in response to Jarvis:

Nobody wants a drunken bum on the premises, but thanks to American Socialism, now he gets a court appointed shyster ($5K or more), free medical care, free room and board ($22K per year), and he will probably hire Morgan and Morgan (f--- The People) to sue McDonalds, and get a few bucks put into his commissary account.

Oh, Jarvis. You need to calm down a bit. Take a few deep breaths.

SMILES writes:

If this man is mentally short, he probably doesn't understand right from wrong & may not have understood why someone confronted him. We all can understand the theft angle & of course, that can't continue. However, if they are familiar with him, perhaps, they could just give him a small cup & allow him to drink whatever. Tell him he has these privileges only once a month. He obviously didn't go in to start trouble. Or maybe next time, someone can draw the water for him & hand it to him. Have a little compassion.

I had a couple of people who would do similar things in the business I owned. I would just speak softly & kindly & sternly to explain there are rules & these are the rules & this is how you work with them, because everyone else has to as well. "Now, please let me help you with that." Wouldn't you do the same for a blind person or someone using a walker?

Let's hope the judge uses some common sense & compassion & helps the guy understand the rules.

ruf462 writes:

in response to SMILES:

If this man is mentally short, he probably doesn't understand right from wrong & may not have understood why someone confronted him. We all can understand the theft angle & of course, that can't continue. However, if they are familiar with him, perhaps, they could just give him a small cup & allow him to drink whatever. Tell him he has these privileges only once a month. He obviously didn't go in to start trouble. Or maybe next time, someone can draw the water for him & hand it to him. Have a little compassion.

I had a couple of people who would do similar things in the business I owned. I would just speak softly & kindly & sternly to explain there are rules & these are the rules & this is how you work with them, because everyone else has to as well. "Now, please let me help you with that." Wouldn't you do the same for a blind person or someone using a walker?

Let's hope the judge uses some common sense & compassion & helps the guy understand the rules.

I read Silverback's earlier comment. It appears that Mr. Abaire has a limited mental capacity. This man obviously needs help to function in society, not jail time. Unfortunately, our social welfare system seems to provide more help to those who are less in need, but can, if so inclined, take advantage of our system. On the other hand, Mr. Abaire, who cannot care for himself or "function", is left to the criminal justice system. There is something terribly wrong when we (as a society) strive to help the clueless and shameless but do little for the helpless.

InCognitogirl writes:

in response to TiredoftheBS:

I've seen other than white people do it all the time but no manager confronts them.

Also have seen two different times the same family at the Park Shore MCD order meals then complain that there is something wrong with every one, such as "I wanted no onions" to "I didn't want ketchup". Then have the staff make them completely new meals without taking the "wrong" meals back. The "family" then takes them home while talking about how they get away with it, under their breath!

There are no morals anymore.

BTW: That same family easily walked out to their SUV in a handicapped spot and when confronted by me about the spot was told to "mind your own effing business"!

Entitled people suck!

Agreed they should apply for a job in McDonald's. People like that suck the system dry and I quite frankly are tired of supporting classless white trash. The joke is on hard working people. Yes entitled people suck.

HAP writes:

Good grief, go out and arrest the drug dealers and illegal immigrants.

Settledown writes:

Nine felony charges and ten misdemeanor charges in collier county so far. He seems like a decent guy. Probably an issue with the soda machine. Common sense and compassion is the key. Business owners should allow people to steal from them at will. Especially the blind, felons, or those with a walker. This is the only way to help them understand the rules.

Settledown writes:

Nine felony charges and ten misdemeanor charges in collier county so far. He seems like a decent guy. Probably an issue with the soda machine. Common sense and compassion is the key. Business owners should allow people to steal from them at will. Especially the blind, felons, or those with a walker. This is the only way to help them understand the rules.

malcolmlandry writes:

Van ellison in your big fancy house, help this man. Democrat mayor ben nelson in your big fancy house, help this man. Don't just put him in a holding tank paid by taxpayers. Fix this guy. Have the compassion to make this fellow whole. Don't just house him on the taxpayer dime in your self serving shelter so you can enrich yourself.

sunburnt writes:

If the manager had all the African Americans that work there beat that white man to death that would have been the end of it, nothing else would have been said about it.

comment writes:

in response to Bigkondorsback:

He must be the only white guy in his neighborhood.

You are so ignorant.

Frankly2 writes:

in response to SMILES:

If this man is mentally short, he probably doesn't understand right from wrong & may not have understood why someone confronted him. We all can understand the theft angle & of course, that can't continue. However, if they are familiar with him, perhaps, they could just give him a small cup & allow him to drink whatever. Tell him he has these privileges only once a month. He obviously didn't go in to start trouble. Or maybe next time, someone can draw the water for him & hand it to him. Have a little compassion.

I had a couple of people who would do similar things in the business I owned. I would just speak softly & kindly & sternly to explain there are rules & these are the rules & this is how you work with them, because everyone else has to as well. "Now, please let me help you with that." Wouldn't you do the same for a blind person or someone using a walker?

Let's hope the judge uses some common sense & compassion & helps the guy understand the rules.

You're showing compassion and common sense. Silly you. This is Naples.

Here4Now writes:

in response to SMILES:

If this man is mentally short, he probably doesn't understand right from wrong & may not have understood why someone confronted him. We all can understand the theft angle & of course, that can't continue. However, if they are familiar with him, perhaps, they could just give him a small cup & allow him to drink whatever. Tell him he has these privileges only once a month. He obviously didn't go in to start trouble. Or maybe next time, someone can draw the water for him & hand it to him. Have a little compassion.

I had a couple of people who would do similar things in the business I owned. I would just speak softly & kindly & sternly to explain there are rules & these are the rules & this is how you work with them, because everyone else has to as well. "Now, please let me help you with that." Wouldn't you do the same for a blind person or someone using a walker?

Let's hope the judge uses some common sense & compassion & helps the guy understand the rules.

You are forgetting that these retarded guys are, for some ungodly reason, gifted with super-human strength. Like a friggin' chimpanzee. The most likely response to a stern talking to and a 'now please let me help you with that' is him going all ape-S and ripping your face off.

lawndude2 writes:

I think the manager is a fool for pushing this.There is very little difference between a cup oold water and a cup of soda but look at the bad publicity that Mc Donalds is getting from this,corporate will probaly the manager.

wentfishn writes:

What a waste of time and money, kick him in his butt and send him on his way.

kidsay writes:

in response to TonySoprano:

Gotta love the bottom feeders.

I hope you are speaking of the poor man who probably had no money and was thirsty. McDonalds should never have caused this problem with this poor man. Do you ever think that maybe he is functioning the best he can. At least he was born here. Don't penalize him for NOT being an illegal who get free everything! McDonalds is wrong and this poor man can face 5 years in prison. Shame on our society and shame on you!

wrightconnection writes:

in response to sunburnt:

If the manager had all the African Americans that work there beat that white man to death that would have been the end of it, nothing else would have been said about it.

Your brain is sunburnt.

shwing writes:

Reminds me of the guy who went to jail for stealing money from the fountain at waterside shops. That money was destined to legit charities and it ALSO was STEALING. Jail.

ps- leave van ellison alone, he is a good dude doing the work that most wouldn't do. He has a huge heart and deserve and award from the people for his thankless work!!

smurfula writes:

Veddy interesting, now he stands a chance of getting free sodas for up to 5 years, at an annual cost to taxpayer of approx 45 thousand a year. Draft him into the military and send him to Afghanistan.

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