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York County judge sentences man to hold 'I AM A SERIAL RETAIL THIEF' sign

"It's justice from the chart not the heart, and I decided to change that because the chart wasn't doing this guy any good," explained Judge Harry Ness.

YORK COUNTY, Pa. — Tuesday, a man convicted for retail theft in York County completed day one of an unusual sentence.

Judge Harry Ness ordered Durrel Scales to hold a sign outside the York County Judicial Center. 

The sign reads: 'I AM A SERIAL RETAIL THIEF. SEVEN PRIORS!!' 

The York County man must hold the sign on Tuesdays and Thursdays from 8:30 a.m. to 4:30 p.m. for three weeks. 

The unusual punishment is drawing criticism from community members who showed up armed with their own signs.

"I'd like to see pedophiles out here holding signs too," said one man.

"These people are out here walking like they saints, and they are out here doing some evil, wicked stuff," said Blaine Simpson of York.

"I am here to support him, to show him that he has support, that we do stand with him and against the judgement he is subjected to," said Roy Moreria, a member of the NAACP.

Other people brought Scales food and water; they gave Scales money for fines and court fees too.

"They're making me feel loved - making me feel I ain't alone - that they're here to help me," said Scales.

Many people described the sentence as humiliating, cruel, and unusual, but Judge Ness stands by it.

"There is nothing left that we can give him, and I didn't think a free ride was appropriate," said Judge Ness. "I was prepared to send him to state penitentiary again. What else do you do?"

Judge Ness offered Scales the sentence after Scales shoplifted a Nintendo Switch from Best Buy in Springettsbury Township and violated probation several times.

"I did the research," said Ness. "It's not unconstitutional. It's not illegal."

It may not be illegal, but members of the NAACP question if it's racially motivated.

"I have been on this planet for 49 years. Last time I read of something like this is Jim Crow era," said Moreria. "It's because of his skin color - unless he [Judge Ness] can show otherwise." 

"I don't care what color you are. Matter of fact, I saw on Facebook this is racially motivated. I had to ask Chris [assistant], 'Was the defendant an African American or was he white? It just doesn't matter to me," said Judge Ness.

Ness told FOX43 he would impose a similar sentence on anyone.

"If you think I am cruel and unusual, volunteer to represent the guy," said Ness. "Come back into court ask me to vacate the sentence, and I'll do it. He was the one who volunteered, but I'll say, 'okay. Apparently your attorney thinks you need to go to state penitentiary. See you in a couple years.' I can take the hostility that comes with it."

With Scale's prior convictions, Judge Ness says the alternative could be worse: Two years in state prison

"It's justice from the chart not the heart, and I decided to change that because the chart wasn't doing this guy any good," explained Ness. 

Scales also faces two years probation with the first 6 months on house arrest.

It's not the first time a judge has sentenced a person to hold a sign. Back in 2017, a judge in North Carolina ordered Joshua Hill to hold a sign reading:  'This is the face of domestic abuse.' 

In 2014, a Cleveland judge sentenced Edmond Aviv to jail, community service, anger management and mental health counseling, and to spend hours with a sign that labeled him a bully -- after Aviv bullied a neighbor and her kids for 15 years. Aviv later said the sentence 'ruined his life.'

Judge Ness' punishment is very reminiscent of "The Scarlet Letter" where Hester Prynne, an adulterer, must wear the letter A on her chest for the rest of her life. Some people question if shame punishments are truly effective in deterring future crime. Judge Ness told FOX43 he hopes the sentence encourages Scales to reexamine old ways and make appropriate change.

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