JEFFERSON-The defense for an Ashe County man charged with larceny stumped prosecutors Wednesday morning by convincing a trial judge to dismiss a charge of larceny by defeating an anti-theft device.
Scotty Severt appeared in Ashe County Superior Court this week following charges related to a recent incident at the West Jefferson Walmart.
According to prosecutors, Severt removed ear buds and a Verizon hot spot electronic device from the packaging before concealing the items on himself. He was later confronted by a West Jefferson Police officer, who also found packaging to the device underneath a storm grate.
A witness in the case testified that he observed Severt take the supposedly stolen items from the shelf before retreating to the toy section of the store, on two separate occasions, to remove the items from their packaging and put them in his pockets.
After the judge had granted a 15-minute recess to jurors, Garland Baker – Severt’s attorney in the case – made a motion to dismiss the larceny by defeating an anti-theft device charge.
Baker argued that there was insufficient evidence to charge his client with that charge. Prosecutors, on the other hand, said the charge was just because Severt removed the devices from packaging that would have needed to be removed by a store associate before a lawful transaction could be made.
Baker contested there evidence of this claim because the damaged packaging had been destroyed or discarded by the store.
The additional charges that Severt was on the docket for were continued until Aug. 7.
Reach Jesse Campbell at (336)846-7164.