A controversial tweet. A Sarnia police policy review. A 45-day jail sentence

Dozens of Twitter users had some not so kind words for how Sarnia police handled a shoplifting arrest on the social media platform, now known as X, prompting the chief to launch a review of their social media policies.

That’s been completed and sent out to the officers. In the meantime, a judge who sentenced the woman for stealing from the same Sarnia grocery store three times in less than a month — a location she was banned from being at — also used some pointed sentences while sentencing her to 45 days in jail for the drug-induced crime spree.

THE TWEET

This was posted on the Sarnia police Twitter account shortly after 10 am on July 28: “Strike 3…. YOU ARE GOING FOR BAIL. A female was arrested today, after she was caught for the third time this month stealing from the same retail store. She was held for bail to prevent her from continuing to reoffend.”

The tweet ended with the phrase “#fivefingerdiscount” – a reference to shoplifting – and included a photo of a variety of items, from food to air fresheners to fabric spray, displayed on the back of a Sarnia police cruiser parked in front of the Real Canadian Superstore.

The post was deleted later that Friday.

THE RESPONSE

Before it disappeared, dozens of people reacted on social media, with many outraged at the post. “Hey @SarniaPolice how much more pathetic can you be? The person is stealing food because they can’t afford to pay for groceries why don’t you pay for this person’s groceries instead of criminalizing hunger,” one person wrote.

The responses continued to come in after it was taken down.

“It’s egregiously unprofessional AT BEST. Every other profession would (rightfully) face serious professional consequences for something like this. Deleting the post does nothing to address root of issue,” another Twitter user wrote.

However, some felt it didn’t need to be deleted.

“You should have left it up. These are luxury items not essential they were (repeatedly!) stealing, and loss prevention increases the cost of food for parents actually in financial distress trying to feed their kids,” one person wrote.

Chief Derek Davis released a statement on the police’s Twitter account shortly after 8 pm saying the tweet didn’t keep with their internal and community expectations.

“As an organization, we work hard to ensure our communications are useful and informative, but we do not always get that right. We are in the process of a review of our social media policies and those changes will be shared with our members as we move forward,” his statement said.

THE INCIDENT

Police did not identify the suspect they arrested that day, but short records show it was 28-year-old Sarnia resident Jessica Merritt. A Sarnia courtroom heard last week details surrounding the incident after Merritt pleaded guilty to three counts of theft worth less than $5,000 and one count of breaching probation.

Merritt, who had a prior criminal record, had a new probation order come into effect on June 30 that specifically ordered her to stay away from the grocery store at London and Murphy roads. But on July 6, less than a week later, Merritt went there and walked out with nearly $125 in goods without paying for them. She did the same thing on July 24, this time taking about $214 in property, and once more on July 28, when she left with about $260 in value.

She was seen on the store’s video surveillance all three times and Sarnia police were waiting for her outside following the third incident. Merritt was arrested and the “Strike 3” tweet was sent soon after.

THE SENTENCE

Robert McFadden, Merritt’s lawyer, told Justice Paul Kowalyshyn a drug addiction has been causing her criminal behavior.

The Petrolia Independent reported in August 2021 Merritt had an opioid in her system when she was caught shoplifting and driving impaired in Wallaceburg. She was fined a total of $2,200 for both offences.

As for her latest convictions, McFadden asked for a time-served sentence based on the 27 days’ credit she accrued while in pre-plea custody.

“Ms. Merritt would like to get out today, get on with her life,” he told the judge last Tuesday.

Kowalyshyn turned to Merritt as she stood handcuffed in the prisoner’s box and said that’s not going to happen.

“And the only reason that’s not going to happen is because you put yourself in this position. You’ve taken things that don’t belong to you. You may not think that it impacts you or anybody else, but it does,” he said. “Shoplifting is an expensive habit that other customers pay for and the court ought to denounce that conduct — particularly when one is thumbing their nose at an order of the court as well.”

Kowalyshyn said the 45 days in assistant jail Crown attorney Nicole Godfrey asked for was appropriate, but even that was on the low end.

“Had the Crown been perhaps suggesting a higher or a greater number of days in custody, I would seriously be considering that,” he cautioned Merritt.

He also ordered her to pay nearly $338 in restitution and added a second probation order again banning her from that store.

THE REVIEW

When asked for an update on the police’s social media policy, Davis told The Observer it’s been reviewed and the content has been communicated to their staff. The chief, who was sworn in just over a year ago, added the original statement he issued the day of the incident stands in terms of the specific instance, but in general he pointed out it’s difficult to convey all relevant circumstances of any policing incident within the constraints of a single tweet.

“We release what we can for the purpose of keeping our public informed, and we strive to do that in the best way possible. Like every organization, we do not always get that right and in those circumstances, we take away lessons and improve for the future,” Davis added via email.

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@ObserverTerry