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Pregnant Mom Says Sandwich Arrest Was 'Horrifying' (VIDEO)

By JENNIFER SINCO KELLEHER   10/31/11 10:19 PM ET   AP

HONOLULU -- Nicole Leszczynski couldn't imagine that two chicken salad sandwiches would land her and her husband in jail and her 2-year-old daughter in state custody. But it happened five days ago, when the 30-weeks-pregnant woman forgot to pay for her snack while grocery shopping.

"It was the most ridiculous chain of events that happened," she said while sobbing Monday. "It's still hard to believe what happened."

Leszczynski, 28, and her husband Marcin, 33, were handcuffed, searched then released on $50 bail each. Their ordeal at the police station lasted a few hours, but their daughter Zofia spent the night away from her parents in a case that has sparked nationwide outrage and forced the Safeway supermarket chain to review the incident.

The family had moved to an apartment near downtown Honolulu from California two weeks ago. Still settling in, they ventured out Wednesday to stock up on groceries, took the bus, got lost, and ended up at a Safeway supermarket.

Famished, the former Air Force staff sergeant picked up the two sandwiches that together cost $5. She openly munched on one while they shopped, saving the wrapper to be scanned at the register later.

But they forgot to pay for the sandwiches as they checked out with about $50 worth of groceries.

"When the security guard questioned us, I was really embarrassed, I was horrified," she said. They were led upstairs, where the couple expected to get a lecture, pay for the sandwiches, and be allowed on their way.

But store managers wouldn't allow them to pay for the sandwiches, she said.

"I asked to talk to a manager and he said it was against their policy to pay for items that left the store," she said. "The security guard said we were being charged with shoplifting."

Four hours later, a police officer arrived and read them their rights. A woman from the state Child Welfare Services arrived to take Zofia away.

The pregnant mother said she tried to keep her composure until Zofia, who turns 3 in December, left the store. "I didn't want Zofia to be scared because she's never spent a night away from us. She didn't have her stuffed animal. She didn't have her toothbrush."

But as soon as her daughter left, "I got completely hysterical. I went to the bathroom and I threw up," she recalled.

A Honolulu police spokeswoman said it was procedure to call Child Welfare Services if a child is present when both parents are arrested. The store's management did not know the girl would be taken away, said Susan Houghton, a spokeswoman for California-based Safeway.

The national supermarket chain said it was looking into the incident. "It was never our intent to separate a mother from her child. That was a very unfortunate consequence to this situation," Houghton said. "We understand the outrage. We are concerned about how this was handled."

Leszczynski called the incident "so horrifying, it seemed to escalate and no one could say, `this is too much.'"

The couple was handcuffed and driven separately to police headquarters a few blocks away, where they were searched, had their mug shots taken and then released after paying bail. A police officer escorted them back to the store – which banned them for a year, Leszczynski said – where they picked up their groceries and walked home just before midnight.

"We basically stared at each other all night. We woke up at the crack of dawn and called (the state child welfare office)," Leszczynski said. While they waited, Leszczynski vented about the experience on babycenter.com and contacted a lawyer for help with being reunited with Zofia. At the lawyer's suggestion, they took their story to the media.

Zofia was returned after an 18-hour separation from her parents.

The couple is charged with fourth-degree theft, a petty misdemeanor, and has a court date on Nov. 28, according to the city prosecutor's office. The family hasn't decided whether it will pursue legal action against Safeway.

Houghton said the company will review the police report and store security footage before deciding whether to press charges.

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HONOLULU -- Nicole Leszczynski couldn't imagine that two chicken salad sandwiches would land her and her husband in jail and her 2-year-old daughter in state custody. But it happened five days ago, wh...
HONOLULU -- Nicole Leszczynski couldn't imagine that two chicken salad sandwiches would land her and her husband in jail and her 2-year-old daughter in state custody. But it happened five days ago, wh...
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HUFFPOST SUPER USER
Michael Lee Smyth
a nomadic view
04:08 PM on 11/14/2011
referring to common thieves and not to the pregnant and forgetful.
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HUFFPOST SUPER USER
Michael Lee Smyth
a nomadic view
04:08 PM on 11/14/2011
WOW...sure am glad to be out of the grocery business. Yes the punishment was way over the top. However, look around the next time you are in a large grocery chain at the number of empty and partially eaten food packages...this is commonplace in the grocery business. These folks had no intent of paying for the food.
YES, by legal definition a crime was committed. Did they go over the top?, (Safeway), yes. The only part that bothers me is the separation of the child from her parents...I fully understand police involvement.
HUFFPOST SUPER USER
indiecratublican
I am what I am.
08:47 PM on 11/12/2011
She and her husband should totally sue the company. If she paid for her other groceries, which clearly cost more than the sandwich, and even offered to pay for the sandwich then the company is clearly in the wrong for bringing the police into this and making things worse. People aren't robots, they can be forgetful- especially when they're new to the area and only discovered the store after being lost in the first place, and plus have a two year old and a pregnant lady in tow. I really feel for this couple. That day must have been like hell for them. The store's management seem like a bunch of uptight sadists.
12:06 AM on 11/09/2011
WOW....I really feel for this couple! I'm 21 weeks pregnant and constantly hungry AND forgetful! I can totally see this being a legit mistake. Either we aren't getting the whole story or people are just getting dumber.
06:27 PM on 11/08/2011
This is pathetic. I am a mother; have been pregnant twice, and I know how hungry pregnant women can get, and how important it is to get food, especially if there is a medical condition. I have consumed a bottle of water while shopping, and I did remember to pay for it, but still, I have also walked out of a grocery forgetting to pay for a gallon of milk, which I promptly went back and paid for. What makes me any different from this woman? Nothing, really. Except that I caught myself, and this woman got caught by security. She would have paid for the sandwich, just like I paid for my gallon of milk. Being arrested for this was way out of line, but having a child removed was even worse. SHAME ON SAFEWAY. SHAME ON THE OTHERS INVOLVED. IT DOES NOT SEEM TO ME THAT THIS COUPLE HAD BAD INTENTIONS AT ALL.
02:47 AM on 11/08/2011
I think even IF a crime was committed that the punishment did NOT fit the crime. Poor little girl, to be taken from her parents so suddenly over something so easily explained. IF they offered to pay for their forgetful act, apparently they had the cash to do it. If they were trying to steal they could've thrown the wrapper away. I really doubt they'd put the wrapper in the cart without intent to pay. Either way Safeway handled this in 'way over the top' manner. I think I'll ask my friends to ban themselves from Safeway for at least a year. LOL!!!
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HUFFPOST SUPER USER
trekie70
Lifelong bibliophile and political junkie
01:04 AM on 11/08/2011
I just don't see any criminal intent here. They made a mistake, tried to pay and the store refused, Should they have paid before eating? Yes, but did they intend to commit a crime? Probably not and once they apologized and wanted to pay, the store should have let them do so. I think calling the cops was overkill.
02:15 PM on 11/06/2011
I think in a case like this where there is a small child involved, the police should not have been called. However, I do believe the couple probably chose to ignore paying for the sandwiches, thinking that no one would notice. Because I know if it were me, and if I broke open a pkg. to munch on something, that pkg. would have been right on top to make sure I paid for it!! Since it would have been out of the ordinary, the act would have been foremost on my mind. I don't believe they just forgot about paying for the sanswiches... So, I do think the store had every right to bring them to the mgr's. ofc. and made to pay for the items, then ban them from the store for an appropriate time. ~ Tsk,Calling the police just gave them sympathy that they did not deserve.
07:40 PM on 11/04/2011
First of all, how can BOTH adults "forget" to pay for the sandwich!?!

A valid source said:
They ate the sandwich and hid the wrapper under the baby carrier. Normally, when Safeway catches people STEALING they would band them from the store for a year. They must have done something for the employees to call the cops. Shouldn't be stealing in the first place!!

Safeway is unable to comment due to "privacy issues"
03:41 PM on 11/04/2011
she gave the sandwich back.......not in the wrapper...but she gave it back..erp
12:42 PM on 11/04/2011
Lesson learned! Pay first, eat later.
07:44 PM on 11/03/2011
they paid for their items with a WIC voucher and had no intentions of paying for them sandwiches,see WIC doesn't pay for sandwiches
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HUFFPOST SUPER USER
lyredragon
Obey My Dog!
04:57 AM on 11/10/2011
I don't think a staff sergeant's wage is low enough to qualify for
WIC. . .
04:56 PM on 11/03/2011
Cops kill people and don't even apologize
04:52 PM on 11/03/2011
so how did they move to Hawaii if their on government aid
08:28 PM on 11/02/2011
People often leave small items in their shopping cart before noticing they were not scanned. I'm obsessive-compulsive and even so I have often had to take a second look to see if some small items remained on the cart--a pack of Trident gum, for instance. The sandwich wrappers Safeway has can be easily lost as they are smaller than a pack of gum and the wrapper is bunched easily. Nevertheless, they don't have a criminal record as there is no conviction; there is no conviction as Safeway has decided to drop charges. Even if they had pressed charges, the DA would have to prove intent. Safeway has already paid more than they bargained for in negative publicity going viral.