Erie County District Attorney's Office

29/08/2024 | Press release | Distributed by Public on 29/08/2024 20:19

Serial Shoplifter to Serve State Prison Sentence

Thursday, August 29, 2024

Acting Erie County District Attorney Michael J. Keane announces that 60-year-oldDavid J. Miller of Williamsville was sentenced yesterday morning before State Supreme Court Justice M. William Boller to 3 ½ to 7 years in prison. He was sentenced as a second felony offender.

On four separate occasions between Friday, June 9, 2023, and Tuesday, June 20, 2023, the defendant stole clothing, high-end eyeglasses frames and other merchandise from two different retailers in the Town of Clarence. None of the stolen merchandise was recovered from the first three crimes, resulting in a total loss of $12,916 to the retailers. Miller was arrested following the fourth incident where the stolen property was recovered and returned to the retailer.

Miller pleaded guilty to all counts in the indictment against him on Friday, April 5, 2024:

  • One count of Grand Larceny in the Third Degree (Class "D" felony)
  • Two counts of Grand Larceny in the Fourth Degree (Class "E" felonies)
  • One count of Petit Larceny (Class "A" misdemeanor)

As a condition of the plea, Miller was required to sign Confessions of Judgment for each retailer as well as a trespass notice, which rescinds his legal right and privilege to enter any of the retailers' store locations. The defendant has paid full restitution of $12,916 to the two victims.

"Retail theft is financially devastating for stores, especially our small business owners. I want the residents of Erie County to know that retail crime with not be tolerated and I am committed to holding offenders, particularly repeat offenders, accountable. I am pleased to announce that this defendant received a significant sentence for this series of crimes. We will continue to prosecute serial shoplifters to the fullest extent of the law and seek restitution for the victims," said Acting Erie County DA Mike Keane.

Acting DA Keane commends the New York State Police and the stores loss prevention officers for their work in this investigation.

The case was prosecuted by Assistant District Attorney Christopher P. Jurusik of the Special Investigations and Prosecutions Bureau and member of the Retail Crime Task Force.