Because Harris’ case involves a civil violation, the burden of proof is less than for a criminal charge. Prosecutors must show only that a “preponderance of the evidence” supports the allegation, or that it more than likely happened. The maximum penalty for violating the theft ordinance is a $500 fine, in addition to a $100 court fee. There’s no threat of jail time.
“When was the last time a 17-year-old kid checked the serial number on their AirPods?” he said, adding that Harris has no history of disciplinary action in high school or at Spelman College. Thomas is one of two well-known civil rights lawyers representing Harris, who is now 20. The AirPods’ owner, who also testified Tuesday, said she kept them in a zippered pouch in her backpack. She said she first noticed they were missing in the afternoon and told her father that evening. He informed the school that the AirPods were lost.
The student said she reasoned that Harris took the AirPods during a class they shared, and she reported it to a dean. The dean then involved a school resource officer, who later gave Harris the ticket for theft.