A man ordered to stay away from all Family Dollar stores in Marion County after his robbery conviction could not convince the Indiana Court of Appeals that his probation order was overly broad.
In July 2018, Deondre Langston was arrested after robbing a Family Dollar store in Indianapolis during business hours. Brandishing a knife, he threatened to kill store employees who tried to be a “hero” and stop him. Langston left the store with a bag of stolen items from the store and a cart full of laundry detergent.
When Langston was later apprehended by law enforcement, he told them, “No matter how many times I get caught, I’m gonna go steal. That’s what I do. You can give me 20 years in prison, I’m gonna go steal when I get out.” He was subsequently charged with level 3 felony robbery.
While incarcerated awaiting disposition of that charge, Langston racked up another for Level 5 felony count, battery by bodily waste, after he bit a correctional officer while allegedly knowing that the bodily fluid was infected with HIV. The Marion Superior Court ultimately convicted Langston of both counts and sentenced him to an aggregate nine years executed in the Indiana Department of Correction. It also ordered that he stay away from all Family Dollar stores in Marion County.
The Indiana Court of Appeals affirmed Tuesday in a memorandum decision, finding the conditions of Langston’s probation were not overly broad. Rather, it concluded the condition that he stay away from all Family Dollar locations in Marion County was reasonably related to his rehabilitation and the public’s safety.
Whereas in (Hurd v. State, 9 N.E.3d 720 (Ind. Ct. App. 2014)), the defendant was prevented by the stay away order from entering a large area of the city with little to no showing of why that was necessary, here, Langston’s freedom of movement is not inhibited, he is simply prohibited from entering individual locations of a store brand he not only robbed on this occasion, but that his criminal history shows he has robbed before,” Judge Margret Robb wrote for the appellate court.
“Langston stated at the time of his arrest that stealing is what he does, indicating he has no intention of stopping. And his criminal history bears this out. Family Dollar is not the only retail establishment Langston has been ordered to stay away from,” the appellate court noted, citing that Langston has previously been ordered to steer clear of the Castleton Square Mall, IU Health/Methodist Hospital, Carson Pirie Scott, and all Dollar General and Safeway Stores in Marion County.
“Thus, although the probation condition in this case is broad and unlikely to be effective in stemming Langston’s tendency to steal, it is not overly broad, as it is reasonably related to rehabilitating this particular defendant and protecting the public that works and shops in Indianapolis-area Family Dollar stores,” the appellate court concluded.