I told the cop the whole story, from the bike trip to the electronics store to the arcade to the food court to buying the perfume. The cop wrote down every word. After I finished he got up and left the office, leaving me there alone. I guessed that he would compare my story to Colin's. If Colin lied I would kill him. Hell, I was thinking about killing him anyway. I still couldn't believe that he stole again, and with me right there in the store! I didn't know what was going to happen when my parents got there, and I didn't know how things were going to go with Colin staying with us. I might have saved him from going to jail for now, but as far as I was concerned our friendship was finished.
I looked around the office and realized that I had been standing the whole time I had been in there. I walked over to the seat Colin had been sitting in and sat down. Several minutes passed and I was starting to get fidgety. What was everyone doing? I wished my father would show up, but at the same time was dreading having to face him. I hadn't done anything wrong but still felt like I was disappointing him somehow. After about 20 minutes the door opened and a guard escorted my father in. Dad did not look pleased.
He was just about to say something when the door opened again. It was Constable LeBlanc bringing Colin in. He told us that the other cop was getting the statements from the guards, and we would be done soon. He then asked Dad if he could talk to him. They both left, leaving Colin and I alone in the little office. He looked at me and I looked away.
"Carmen..."
"Don't. Don't you dare say a word to me. I don't want to talk to you."
He remained quiet for a few minutes, but then started again.
"I just wanted to say thanks for calling your parents."
I didn't answer. I was trying to contain my anger and was afraid that if I spoke I'd end up losing my mind on him.
"I really wasn't trying to steal those sunglasses, you know."
That did it. I lost my mind. "Don't give me that bullshit! I watched the video. I thought you had stopped. I really did. I must have been an idiot to trust you. Well I'm done with being an idiot."
"But I really---"
"STOP IT!! I don't want to hear it! I'm not as dumb as you must think I am! I'm done! Nobody else trusted you, but I did. I thought I saw something in you that nobody else did. I was wrong. So I'm an idiot. But no more! You've lost my trust! We are DONE!"
Colin was glaring at me. Apparently I touched a nerve. I didn't care. I glared right back at him. He started again, through gritted teeth: "I get it now. I thought you were different than everyone else. I thought you actually cared, that you could look past my past. I thought that maybe you're special. But you're not any different than any of them. You pretend to be a friend but you just can't overcome my past. The first sign of any trouble and you're gone."
I was now livid. "Excuse me? The first sign of any trouble? I've got news for you, Colin. Every bit of time we've spent together? That was me overcoming your past. I was willing to overlook it and give you a fresh start. I've been followed in stores, people looking at me like I'm a thief myself... Don't you dare say that I didn't care. I thought we had a good friendship going, maybe even a little more than that. But you had to..."
"What do you mean, 'more than that?'"
"Don't interrupt me! Let me finish! I thought we were best friends, and I was willing and able to give you a fresh start, but you had to go and pull this stunt. And now that you've done this you've got me wondering how many times you've done it and didn't get caught. I trusted you, but now I'm seeing that I was wrong. I won't make that mistake again!"
Colin's glare changed to shock, then sadness, then a little anger came back to his face. "I have not stolen anything since we became friends. ANYTHING! You think I'd have sacrificed our friendship? You're the first friend I had in years. I wouldn't want to lose you. I thought you were genuine, but now I see that it was always conditional, depending on me being a 'good boy'. Well, fuck you. I tried. I really tried. Sorry if that wasn't good enough for you."
I was just about to respond, almost feeling apologetic, but then he added "And, for the last time, I DID NOT MEAN TO TAKE THOSE FUCKING SUNGLASSES!!!"
God damn it, he had almost had me feeling guilty, and then he had to go putting that in there. He was caught red-handed and still wouldn't admit it.
"Yeah, whatever you say. I'm done."
I turned away from him and stared at the now blank TV screen. Even though it was off, the image of Colin stealing those sunglasses was replaying in my mind. Now I was having doubts. I mean, he did once tell me how bold he could be when stealing, and wearing the stolen item out of the store on his head would certainly be bold, but what if he really did forget about them on top of his head? And if he wasn't planning on stealing them, why remove the tag? As soon as I thought about the tag something clicked inside my head.
"The tag", I said out loud.
"What?"
"The tag. There was no tag hanging from those sunglasses when you put them on your head."
"So?"
Just then Constable LeBlanc led my father back into the office. I looked right past Dad and addressed the cop.
"I need to see that video again."
"What? Why?"
"That guard said he found the tag to those sunglasses on the floor. I don't remember seeing a tag on those sunglasses when Colin tried them on."
"So?"
"Well, the guard that accused Colin of stealing them said it couldn't have been an innocent mistake because Colin had removed the tag."
Colin looked at me like a deer caught in the headlights. Constable LeBlanc considered me for a moment and said "I'll be right back".
He left the office. Colin, Dad, and I sat there waiting, none of us saying a word to each other. My heart was pounding. Was Colin telling the truth? We were about to find out: LeBlanc returned with the other cop and the guard.
The other cop produced the tape and slid it into the VCR. We watched the scene again. Colin picked the sunglasses off the display and put them on his head. You could see it clearly: There was no tag. He flipped them up onto the top of his head and grabbed another pair to try. There on the second pair, clearly visible, was a large white tag. He put this pair back and grabbed another pair. Again you could see the tag. He tried on a few more, each showing a tag. He then put the final pair back on the display and walked away, with the original pair still on top of his head. Suddenly his story seemed a whole lot more plausible. I still wasn't sure I believed it, but now at least there was doubt. Constable LeBlanc rewound the tape and watched it again. And again. It was very clear: There was no tag on those sunglasses. He ejected the tape.
"Well, I think that changes everything".
The security guard said "What do you mean? He still stole the sunglasses."
"Well, maybe he did. I don't know. But maybe he didn't. Maybe it was just an innocent mistake like he says."
"What? No! He walked out of the store with those sunglasses without paying for them! He stole them!"
"You might think that, but it's not quite that simple. In order to convict him for theft we have to prove intent to steal. We would have to prove that he walked out of this store with those sunglasses with the intention of stealing them. We can't convict based on an innocent mistake."
"What? That's crazy! He stole them!"
"You might think it's crazy, but it's the law. And what's more, we would have to prove this beyond reasonable doubt. There can't be any question that he intended to steal them. Based on the evidence you've provided and your statements I don't think we'd be able to convict him. Everything in that video points to it being an innocent mistake. His lawyer would have a field day with this."
The guard looked scandalized. "This is ridiculous. You know how much money this store loses to shoplifters? Our policy is to prosecute thieves. This kid was stealing, and I want him charged."
"I'm afraid that's not your decision to make. As police officers it's our responsibility to only lay charges when a conviction is likely. Based on this evidence the crown prosecutor would probably drop the case before it even went to court."
"This is bullshit. I know the law, and this kid is a thief."
Constable LeBlanc looked at him. He was clearly getting irritated. "So you know the law, do you? Well, smart guy, who do you think knows it better, me or you? I've been a cop for over 25 years. I am very familiar with the laws and how they work. I'm telling you, this case would not stand in court, especially as you lied about the tag."
"LIED! What do you mean, lied?!?"
LeBlanc started flipping through his notes. "Ahh, here we go. It says right here in your statement that you observed him removing the tag. And right here...", he said, as he flipped a few more pages, "Is where you signed your name and certified that these are your words, that you have reviewed them, and that they are true. Is that not your signature?"
He showed his open notebook to the guard.
"Yes, I signed that, but..."
"And did we just not observe on that video that the tag was not on the sunglasses when Colin tried them on?"
"Yes, but..."
"So you lied. You stated that you, personally, observed Colin removing that tag and yet here we are with evidence proving that he didn't. Do you realize that lying in a sworn statement is considered perjury, and that it is a criminal offence?"
The guard spluttered. "CRIMINAL?!? Me? But he stole from our store!"
"No, he didn't. You may think he did, but you have no proof that he did. Innocent until proven otherwise, and let me tell you, that were this case to be brought before a judge he would throw every bit of evidence you have against him out because you lied, and therefore placed all of your evidence under doubt. You cannot be considered a reliable witness and your evidence cannot be considered admissible. Pissing off judges by bringing cases that I should have known better than to bring is not a hobby of mine. I am not tarnishing my reputation by bringing weak cases before the court. There will be no charges laid."
The guard looked defeated. There was nothing he could do. Except...
"I want them banned from the store."
Leblanc raised an eyebrow. "What?"
"I want them banned. Both of them. For life. Colin and his little smart-ass friend here. I don't want them in the store again.”
"On what grounds? Let’s pretend for a moment that you might possibly have a case for banning Colin because you suspected that he was a thief, but what excuse are you going to use with Carmen? He was a paying customer. None of this has anything to do with him."
"Fine. I'll just ban Colin then."
"Ok, but you should know that you can't ban him for life. He's a minor. When he turns 18 the ban is gone. And you should also know that you're leaving yourself and your store open to a lawsuit for discrimination. We've established that he didn't steal anything. He wasn't loitering or causing a scene. At this point you'd be banning him based on your personal opinion of him, or because you don't like the looks of him. That is discrimination, and it is very illegal."
The guard was defeated. He started gathering up his papers, muttering to himself the whole time. Colin was looking at me in awe. I gave him a look that said he still wasn't off the hook as far as I was concerned. I had some thinking to do.
The other cop looked at us and said "I think we're done here."
We all left the office and made our way out of the store. As we walked through the mall Constable LeBlanc was talking to my father. Colin was walking behind him, and I was walking behind them beside the other cop. As we walked he held his arm out in front of me to slow me down. "I want to talk to you before you head home."
"Ok", I said, so I slowed down to put some distance between us and Colin. He looked over his shoulder at us but quickly turned his head forward again and kept up with the other two.
"That was a very clever thing you did back there", he said.
"Was it?" I asked. I still had my doubts.
The cop understood. "Listen. I know that kid. I've dealt with him before. He is bad news."
"So I've heard."
"No, I mean it. He is sneaky and manipulative. I have no doubt in my mind that he had every intention of stealing those sunglasses. Constable LeBlanc is cutting him a huge break here. I have a feeling that you feel the same way, at least a little bit. You did a nice thing back there, but I'm not sure it was the right thing to do."
I stopped and looked at the cop. He continued.
"I know he's your friend, but I'm warning you to be careful around him. He has a long history with us. He's wriggled out of trouble many times by the skin of his teeth. You're probably glad that you got him off the hook, but I don't think he needs to be gotten out of trouble. He needs to see consequences for his actions. Otherwise he'll never learn. And he needs to learn before he turns 18."
"Why 18?"
"Because when he turns 18 he will be considered an adult, and he will be tried as one. Any convictions after he turns 18 will be on his record for the rest of his life. I'd rather he learn his lesson now than later."
"He's not that bad."
'Yes, he really is that bad. Don't let him charm you. I've known him for years. Everyone at the department knows him. Halifax, Bedford, and the Sackville RCMP know him too. I can appreciate your giving him the benefit of the doubt, but never, ever lose that doubt. He is going to offend again, and next time he might not be so lucky. Next time he might even take you down with him."
"He wouldn't."
"That's what you think. You don’t realize just how lucky that the two of you were back there. Had those guards been a little smarter and a little less sleazy, and had Constable LeBlanc not stepped in, you both could have gone down. All it would have taken is for the guards to say that you were acting as his lookout. It would be your word against theirs, and the courts don’t put much weight in the words of minors, especially minors with a history and those that associate with them. I'm just telling you, be careful. He is more cunning and more dangerous than he seems. Be careful and watch out for yourself. Consider that a warning."
With that he started walking again, so I followed him. I had a lot of thinking to do indeed.
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