A man accused of organized retail theft of more than $16,000 in goods from a Noe Valley Walgreens has been released by the court — a move that enraged San Francisco District Attorney Brooke Jenkins.
Marcos Smith-Pequeno, 28, pleaded not guilty Feb. 28 to charges that include organized retail grand theft with intent to sell, second-degree commercial burglary, grand theft, petty theft with prior convictions, vandalism, and resisting arrest.
Despite the district attorney’s request for pretrial detention, the court released Smith-Pequeno on his own recognizance with orders to contact case management weekly and stay away from the Walgreens on Castro Street. Judge Gerardo C. Sandoval declined to comment on his decision, citing the California Code of Judicial Ethics Canon 3B(9), which requires that “a judge shall not make any public comment about a pending or impending proceeding in any court.”
“Organized retail theft is a major driver of crime and public safety concern for our neighborhoods and businesses,” Jenkins said. “It is imperative that all parts of the criminal justice system, including the courts, recognize the profound impact these crimes have on our community.”
Smith-Pequeno has prior convictions for theft, grand theft and robbery in California and was on supervised probation related to a felony robbery offense in Oakland at the time of his arrest, court records show.
According to court records, Smith-Pequeno and six others stole more than $4,000 worth of merchandise from the Walgreens at 1333 Castro St. on Feb. 24. During the incident, one suspect reportedly struck a store employee, who was calling 911, with an umbrella.
The following day, Smith-Pequeno allegedly returned to the same location with three accomplices and stole more than $12,000 in merchandise. The group is accused of breaking display cases and shelves, causing approximately $1,000 in damage, and throwing items at employees and customers.
Cops caught Smith-Pequeno after a witness reported seeing him and a juvenile suspect fleeing with bags of stolen merchandise. The suspects allegedly attempted to change their clothes on the street while discarding stolen items. Smith-Pequeno was taken into custody after tripping while running from officers.
The San Francisco Superior Court did not immediately respond to a request for comment. Smith-Pequeno’s attorney, Melissa Lubin, declined to comment when reached by phone Monday evening.
According to the San Francisco Sheriff’s Office, the city’s two jails, which have a combined capacity of 1,160 beds, housed 1,326 people on Monday.
Smith-Pequeno’s preliminary hearing is scheduled for March 13.
Garrett Leahy contributed reporting.