Proposition 36 Raises the Legal Stakes for a Man Accused of Stealing Shoes
By Jim Emerson
BRENTWOOD — Police rearrested a troubled man with an outstanding warrant and two prior theft
convictions. His problems are exacerbated for allegedly stealing shoes at Lone Tree Plaza shopping
mall in Brentwood. The recent passage of Proposition 36 raises the legal stakes for him.
A store on the 5500 block of Lone Tree Way reported the theft of shoes. Brentwood police responded
January 12 at approximately 9 p.m. Officers observed the suspect identified as Don C. Capers, a 38-
year-old resident of Oakley. Capers was attempting to leave the shopping mall.
“Capers was quickly taken into custody with the assistance of a second officer,” said Brentwood
police in a prepared statement. An identification check revealed that Capers was recently released from jail had an outstanding warrant for probation
violation.
Proposition 36 elevates theft offenses for individuals with prior convictions. Consequently, Capers was
placed under arrest for petty theft with priors. This makes his alleged theft of shoes a felony, rather
than a misdemeanor. Capers was also booked for probation violation, evading police and other
related charges.
Contra Costa County later transferred Capers to Alameda County Santa Rita Jail, according to the
Brentwood police statement. However, he is no longer listed in either county’s inmate roster.
Capers has 24 prior arrests on his record since 2014. He has been arrested previously for burglaries,
firearms, controlled substances, vehicle thefts, among other offenses.
