TROY – Police aren't being called to arrest shoplifters caught stealing less than $100 in merchandise from Walmart stores in Brunswick and East Greenbush under an agreement reached between the retailer and Rensselaer County District Attorney Joel Abelove.

Abelove said the move is meant to ease court overcrowding, but police aren't happy. Setting parameters for when Walmart will summon troopers, deputies or police officers runs counter to their law enforcement training, they say.

"We shouldn't be sending the message that stealing is acceptable," said Sheriff Patrick Russo, whose deputies respond to the Walmart Supercenter at 760 Hoosick Road, Brunswick.

The State Police are unaware of any similar arrangements in the Capital Region, said Trooper Mark Cepiel, a spokesman for Troop G. "If we get a call, we're going to respond," Cepiel said. East Greenbush Chief Chris Lavin declined comment when asked about the policy affecting calls to the Walmart Supercenter on 279 Troy Road, which is in his department's coverage area.

Abelove said he contacted Walmart about reaching a memorandum of understanding to make better use of limited resources in prosecuting cases in the Brunswick and East Greenbush town courts. The district attorney said the volume of shoplifting cases was crowding those court calendars.

"We're not condoning stealing. Obviously, we're going to prosecute the cases they send us," Abelove said.

"We want to concentrate on a person stealing a $500 television, not a piece of gum," Abelove said.

The cases, the district attorney said, would involve first-time, non-violent offenders.

The agreement between Walmart and Abelove's office is detailed in a March 9 memo obtained by the Times Union that Abelove sent to Russo, Lavin and the State Police. Abelove concludes the memo stating, "This MOU should benefit your agencies by resulting in fewer calls for service at these locations."

Abelove said it was tougher than an agreement Walmart told him it had reached with Albany County.

Cecilia Walsh, spokeswoman for Albany County District Attorney P. David Soares, said there is no agreement with Walmart, with stores in Glenmont and Albany, or any other retailer in the county setting rules for reporting shoplifting.

Abelove's memo says, "Recently, I entered into an MOU with Walmart, with the goal of establishing practices aimed at minimizing the amount of resources to effectively accomplish each party's mission without causing an undue burden on the other or placing the public at risk."

The first of six criteria cited by Abelove for Walmart to call police would be in "any case where the loss to Walmart exceeds $100.00."

The other requirements are if a suspect tries to flee lawful apprehension; commits or threatens violence; has committed a previous act against Walmart that could be considered for prosecution under the MOU; disrupts business operation and/or refuses to cooperate with a lawful investigation; and cannot be identified and found to be free of warrants.

In Schenectady County where there Walmart has stores in Glenville and Rotterdam, District Attorney Robert Carney said there are no such agreements with the retailer. He questioned whether issues of fairness would be raised in courts when a shoplifter arrested for stealing $50 of goods from one business is arrested while the police are not called at a business which operates under the MOU.

Walmart spokesman Ragan Dickens said he could not speak to the MOU due to confidentiality concerns. He said the company has numerous programs, technology and people in place to reduce crime and calls to police.

"We're encouraged by a 35% reduction in calls to law enforcement on average across the country since we began implementing new crime deterrence programs. We'll continue our outreach to law enforcement as appropriate as part of our ongoing commitment to meet our customers' and associates' expectations of a safe and enjoyable shopping experience," Dickens said in a statement.

Saratoga County Sheriff Michael Zurlo said he had never heard of any law enforcement agency reaching an agreement on when a crime would be reported.

"We are responding to the Walmarts in our towns, Wilton and Halfmoon," Zurlo said. "We don't have any agreement with any stores in our county."