On October 3, 2024, Marcus Webb (age 32, freelance software contractor) entered Target Store #1842 in San Jose, California. At approximately 4:11 PM, store loss-prevention officer Dana Reyes reports seeing Webb select two Anker USB-C charging hubs ($89.99 each) and one Logitech MX Master 3S mouse ($159.99). During a 23-second aisle-camera blind spot beginning at 4:12:44 PM, Reyes says she saw enough from an obstructed angle to believe Webb placed the items in his backpack; the camera itself does not show the placement. At 4:13:08 PM the camera shows Webb leaving the aisle with a visibly fuller backpack. Webb passed all checkout registers and exited through the main entrance at 4:15:02 PM. Reyes stopped him on the sidewalk under the merchant-detention privilege in California Penal Code §490.5(f). The recovered merchandise totaled $339.97. Webb immediately showed Reyes his phone and said he had "already ordered these exact items on Amazon." The Amazon account later showed an order for the same three items at 4:26:11 PM Pacific Time, 11 minutes 9 seconds after the stop. Police arrested Webb. The central issue is whether the prosecution proved an intent to permanently deprive Target at the time of the alleged taking.
In-store CCTV footage (aisle camera)
Camera covers the electronics aisle with a 23-second blind spot between 4:12:44 PM and 4:13:07 PM (obstructed by a display endcap). At 4:13:08 PM Webb is visible walking away from the aisle with his backpack visibly fuller. He passes all 14 checkout registers without stopping and exits at 4:15:02 PM. Defense notes: the blind spot prevents direct visual confirmation of the concealment act. Prosecution notes: the bag's visible change in profile before and after the blind spot is circumstantial evidence.
Amazon order record (People's Exhibit 2)
Webb's Amazon account (email: mwebb.dev@gmail.com) shows Order #114-8823901-4471263 placed on October 3, 2024, at 4:26:11 PM Pacific Time (normalized to PDT, UTC−07:00) — for Anker USB-C Hub (×2, $89.99 each) and Logitech MX Master 3S (×1, $159.99). Timestamp is 11 minutes and 9 seconds after loss-prevention officer Reyes initiated the stop at 4:15:02 PM. Defense argues Webb may have had a draft order or was confirming the purchase. Prosecution argues the post-stop timestamp supports an inference of fabrication, but it is not itself a statutory element of theft.
Recovered merchandise and receipt check
Items recovered from Webb's backpack: Anker USB-C Hub (×2, sealed, SKU 889076332), Logitech MX Master 3S (×1, sealed, SKU 097855161537). Store POS system confirms no transaction by Webb on October 3. Webb's credit card and Apple Pay transaction logs show no Target purchase that day.
Loss-prevention officer's incident report
Officer Dana Reyes (6 years experience, 200+ detentions) documented: observed Webb select items at 4:11 PM; watched him open his backpack and place items inside at approximately 4:13 PM (during the partial blind-spot window); followed from a distance as Webb bypassed registers; initiated sidewalk stop at 4:15:02 PM. Reyes states Webb immediately said "I ordered these on Amazon — let me show you" and accessed his phone. Defense notes Reyes did not have a direct unobstructed view during the alleged concealment moment.
Webb's prior criminal record
2014: Misdemeanor shoplifting charge (Santa Clara County) — completed pretrial diversion, charges dismissed. No conviction on record. Prosecution seeks to admit the underlying conduct, if independently proven, under California Evidence Code §1101(b) as evidence of intent, knowledge, or absence of mistake. Defense argues: (1) the charge was dismissed and is not a conviction; (2) a 10-year-old incident is remote and more prejudicial than probative under §352; (3) Webb's claimed explanation here is entirely different from a typical shoplifting pattern.
Dana Reyes
Prosecution witnessTarget loss-prevention officer for 6 years, San Jose Store #1842; conducted approximately 200 detentions; was watching Webb via live CCTV from the LP office and then in person
I watched him select the items and open his bag. During the critical aisle interval the endcap blocked part of my live view, but from the remaining angle I believed I saw him place items inside. He walked right past every register. When I stopped him outside he didn't seem surprised. He went straight to his phone and said he bought them on Amazon. I did not carefully inspect the timestamp while we were standing there.
Tyler Ng
Defense witnessCustomer in the electronics aisle at the time; not acquainted with Webb prior to the incident
The guy had his backpack open the whole time and kept pulling stuff out and comparing it — like he was matching things to something on his phone. I thought he was one of those people who comes in to check items before buying online. He didn't look sneaky at all. I didn't see him put anything in the bag permanently — he kept taking things in and out.
Dr. Patricia Harmon
Defense witnessExpertCertified digital forensics examiner; 15 years experience; retained by defense to analyze the Amazon order timestamp
The Amazon order timestamp of 4:26 PM reflects server-recorded time, but Amazon's mobile app pre-populates cart data — items can sit in a cart for days before the final "place order" tap. If Mr. Webb had added these items to his cart earlier and had the checkout screen open, placing the order would take a single tap. The 11-minute gap tells us when he tapped "buy" — it does not tell us when he decided to buy.
Supermarket Theft — San Jose, CA
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