Prosecutors are implementing new law in arrests at Staten Island delis as beer, cigarette and bagel thefts allegedly turned violent

Editor’s note: This story is part of an ongoing series examining retail crime trends on Staten Island. You can read the rest of the series here silive.com/topic/retail-theft.

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STATEN ISLAND, N.Y. — Armed with a new law that took effect this month, prosecutors have begun filing felony charges against people accused of shoplifting attacks on retail employees.

Under a bill authored by State Senator Jessica Scarcella-Spanton (D-North Shore/South Brooklyn) and signed by Gov. Kathy Hochul last spring, assaulting a retail employee was elevated to a Class E felony, making the crime punishable by a prison sentence of punished for up to four years.

“As we have long emphasized, no one should have to live in fear of being attacked when they go to work,” Scarcella-Spanton said back in May. “Especially our deli owners here on Staten Island – who work unusual hours and often work around the clock – and we have heard these reports over and over again. I’m really proud to have achieved this.”

With the addition of these new tools to their legal quiver, Staten Island prosecutors have already charged two people under the new law, with a Sea View man believed to be the first to face the new charge in New York City, a spokesman said for District Attorney Michael E. McMahon.

Here’s a look at these cases:

Anthony Ciaburri

Anthony Ciaburri, 28, of Brielle Avenue in Sea View, is charged in connection with an alleged retail theft and assault of a cashier at an Oakwood deli at 99 Guyon Ave. accused multiple times.

Guyon Superette is located at the address listed in the criminal complaint.

According to the complaint, at approximately 6:45 a.m. on Saturday, October 19, Ciaburri removed two alcoholic beverages, a pack of cigarettes and a bagel sandwich from the shelves without paying and attempted to leave the location.

When the cashier tried to stop Ciaburri, he struck the victim with a closed fist, “causing cuts, redness, swelling and severe pain,” the complaint states.

Ciaburri was arraigned in St. George Criminal Court on multiple counts of robbery, assault, battery on a retail employee, criminal possession of stolen property, petit larceny and harassment. His next court date is scheduled for December.

A lawyer for Ciaburri could not be reached for comment.

Julio Rivas

Julio Rivas, 62, of Rockville Avenue in New Springville, is charged in connection with an alleged retail theft and assault of a store employee at a deli at 452 Nome Ave. in New Springville on multiple charges.

Nome Deli is located at the address listed in the criminal complaint.

Police allege that around 2 p.m. on Saturday, October 19, Rivas took two packs of beer off the shelves without paying and attempted to leave the store.

Rivas then allegedly struck an employee in the face with his clenched fist, “causing her physical injuries including, but not limited to, pain, redness and swelling to her cheek,” the complaint states.

Rivas was charged in criminal court with multiple charges, including assault on a retail employee, petit larceny and harassment. His next court date is also scheduled for December.

A lawyer for Rivas declined to comment.

Shoplifting is an ongoing problem

During an exclusive interview with Advance/SILive.com in which he discussed various aspects of retail theft prosecution, McMahon said that while his office had hoped for a D felony with a sentence of up to seven years, he was confident it would be is that his office will at least be able to prosecute such cases as criminal offenses.

In a May 1 news release from Hochul’s office announcing the legislation, the governor stated, “I promised retail workers and our small business owners that I would protect them – and that’s exactly what we’re doing.”

“Here in New York, we are fighting back against organized retail theft, supporting our businesses and their employees with the full force of the law, and restoring a sense of security and peace of mind so they can focus on what they do best .” Hochul added.