As retail theft plagues the Denver metro area, two men convicted of the crime offered an unorthodox defense to argue for a lesser charge.

The defendants cited coupons and discounts offered at a popular retail chain to avoid a conviction for felony, according to a news release from the district attorney in Colorado’s 18th Judicial District. The jurisdiction serves Arapahoe, Douglas, Elbert and Lincoln counties.

The district attorney’s office said the two men’s defense counsel tried to convince a jury that they shouldn’t face felony theft charges because the KitchenAid appliances and clothing they stole were “on sale.” The men allegedly requested that the jury consider Kohl’s coupons and discounts, which would bring the theft case down to a misdemeanor, the office said.

The two men, Michael Green, 50, and Byron Bolden, 37, were sentenced this month after being convicted of retail theft at a Kohl’s department store in Parker.

Police investigators believe Green and Bolden were behind a string of thefts targeting Kohl’s stores, in which numerous items were stolen, including brand name shoes and clothing, as well as high-end KitchenAid appliances.

Due to the incidents, the department store dubbed the pair the “KitchenAid Mixer Crew,” authorities said.

“Retail theft is not a victimless crime,” Deputy District Attorney Sherri Giger said in a news release. “We’ve all seen news articles about the impact of rising retail theft, including stores forced into closing, as well as price increases passed along to paying customers to offset loss.”

Organized retail crime in 2020 reached an average of more than $700,000 in losses for each $1 billion in sales, a survey of large retailers by the National Retail Federation found. By contrast, the losses stood at $453,940 in 2015. Some 54% of small retailers reported an increase in shoplifting in 2021, and Colorado cities have seeing that increase.

The retail chain is well-known for its “Kohl’s Cash” promotions, but the district attorney’s office did not say whether the thieves specifically held or tried to use any Kohl’s Cash.

Actually, merchandise like the Under Armour shoes and KitchenAid appliances, Green and Bolden attempted to steal, according to authorities, are not coupon eligible, according to the company’s website.

The district attorney’s office argued that sales and discounts are for paying customers and did not apply to theft.

A jury ultimately convicted both men on a charge of felony theft, based on nearly $2,100 in documented value of the items stolen, the district attorney’s office said.

Under Colorado’s statutes, theft under $2,000 is a misdemeanor offense. Theft between $2,000 and $5,000 is a Class 6 felony.

“Just because an item is ‘on sale’ doesn’t mean it’s free to steal, and these defendants now get to think about this lesson in jail and prison,” District Attorney John Kellner said. “Retailers in our community are fed up with theft and my office will actively prosecute these offenders.”

Green, who is currently in the Department of Corrections on a separate conviction, was sentenced to 15 months in prison, the district attorney’s office said. Bolden was sentenced to 90 days in jail with credit for time served as a condition of 18 months of probation, according to the office.