Alleged thief at Fat Smitty’s pleads ‘Not guilty’

Posted 12/14/22

The homeless man accused of stealing dollar bills off the walls of the burger joint Fat Smitty’s has entered a pleading of “not guilty” to  third-degree theft and possession of …

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Alleged thief at Fat Smitty’s pleads ‘Not guilty’

Posted

The homeless man accused of stealing dollar bills off the walls of the burger joint Fat Smitty’s has entered a pleading of “not guilty” to  third-degree theft and possession of a stolen firearm.

Jordan W. Durkin, 34, was arraigned on the charges in Jefferson County Superior Court on Dec. 2. He remains in Jefferson County Jail with bail set at $5,000.

Authorities allege Durkin went into Fat Smitty’s the morning of Saturday, Nov. 19 and pulled money from the walls before walking out. The walls and ceiling of the popular roadside restaurant are typically covered with dollar bills and other bills from customers, with the tips eventually collected and donated to local charities.

Witnesses said Durkin left Fat Smitty’s and was seen going to Discovery Bay Cannabis, a recreational cannabis shop nearby. 

A worker at the pot shop told a deputy that someone had just been in the store and had bought something with money that was embellished like the bills that decorate the walls at Fat Smitty’s.

The store no longer had the money that allegedly came from Fat Smitty’s, as the bills were given as change to another customer.

Deputies found Durkin a short distance from the store, according to court documents. He said he had only taken sugar for his coffee from the restaurant, but then said he had only taken a dollar, and offered to give it back.

Officers found a stolen gun in Durkin’s backpack when he was arrested.

Following his arraignment, Judge Keith Harper set Durkin’s trial to run from Jan. 9 through Jan. 12.

Conviction of a stolen firearm can result in a maximum sentence of 10 years in prison and a $20,000 fine. Third-degree theft can result in a maximum penalty of 364 days in jail and a $5,000 fine upon conviction.