United States v. Donato-Morales

On January 4, 2003, Donato went to the Army and Airforce Exchange service to buy a VCR so that he could transfer his daughter’s wedding video from his brother’s video camera onto tape.

Mark Montalvo, a store employee, testified that, at a time before the events shown in the surveillance video, he opened a box containing a Mitsubishi VCR for Donato and showed him it. Montalvo testified that Donato seemed pleased with what he saw, and their conversation ended. Montalvo further testified that he had said nothing about opening boxes and that store policy required a sales associate to be present when customers opened merchandise.

Donato’s testimony contradicted Montalvo’s. Donato denied that Montalvo showed him a VCR and also claimed that Montalvo gave him permission to open VCR boxes on his own. After speaking to Montalvo, Donato continued shopping and put a different VCR, a Sony N88 that Montalvo testified cost approximately $99, in his shopping cart. Donato’s next moves were captured on surveillance video. Donato removed a Mitsubishi HS-U445 VCR from its box and packaging, inspected it, and left the VCR unit on the display shelf. He then examined a more expensive Mitsubishi model 746 VCR, which was $189, and removed it from its box. He put the 746 VCR inside of the 445 VCR box and ultimately paid $99 for it.

Donato was apprehended when he exited the store by security office Nelson Colon, who had been observing imp on the surveillance video. Colon testified that when he confronted Donato about the fact that Donato had switched the VCRs and that the wrong VCR was in the box, Donato “said it was probably a mistake.” Donato testified that he didn’t realize he had switched the VCRs. He was convicted of larceny. He appealed, arguing that the evidence at trial was not sufficient to support a finding of specific intent.