Aerosol-huffing thief gets jail time

NORRISTOWN >> An aerosol-huffing thief is headed to jail, a judge ruled on Tuesday.

Montgomery County Court Judge Thomas C. Branca sentenced 24-yearold Dane Smith, of Wilmington, Del., to nine to 23 months in the Montgomery County Correctional Facility and three years probation after he stole four cans of dust spray from the Pottstown Wal-Mart and began huffing them in one of the store’s fitting rooms.

Smith pleaded guilty to a second degree felony robbery charge as well as a misdemeanor for inhaling a toxic releasing substance. He’ll be under court supervision for a period of about five years.

On Dec. 3, 2016, Pottstown Police responded to the Wal-Mart, 233 Shoemaker Road, for a report of a robbery in progress. Once there, Officer Ryan Guth met with the Brett Schwager, an assistant manager at the store, who told him another employee heard the sound of aerosol coming from one of the fitting rooms, according to an affidavit of probable cause.

Schwager said he opened the door and found Smith seated on a bench with four open cans of Ultra Duster that he had taken from the electronic section of the store. Schwager confronted Smith about the theft at which time Smith attempted to walk away.

When Schwager tried to stop him, Smith came at Schwager aggressively and hit him several times in the chest knocking him into a nearby table and injuring his finger. Schwager then began to call 911 and Smith fled back in to the changing room where he proceeded to huff from one of the cans of aerosol in Schwager’s view, the affidavit reads. Guth found Smith in the changing room surrounded by open aerosol cans.

Smith was visibly intoxicated, swaying on his feet, displaying bloodshot eyes with slurred speech, according to the affidavit. He was then taken into custody. Guth ran Smith’s criminal history and found two prior convictions for retail theft.