Mom accused of using daughter to steal from Safeway out on bail

Marcy Erico

Marcy Erico, the woman who allegedly used her 10-year-old daughter to steal groceries from Safeway, is out of custody on $50,000 bail following a hearing related to the case Tuesday, authorities said.

Erico, 38 of Morgan Hill, appeared in court for a plea hearing at South County Courthouse in Morgan Hill, but she did not enter a plea, Santa Clara County deputy supervising district attorney Steve Lowney said.

The hearing was continued to Nov. 13 at South County Courthouse.

Erico was arrested by Morgan Hill police about a week-and-a-half after the Safeway incident which occurred Sept. 19.

She is charged with felony commercial burglary and misdemeanor contributing to the delinquency of a minor.

Police were called to the Safeway grocery store at Tennant Station Sept. 19 on a report of 10-year-old female shoplifter in custody at the store.

An investigation determined that the girl was Erico’s daughter, and had entered the store with Erico, police said. The two filled a shopping cart with beer and groceries, and Erico instructed her daughter to wait inside the store with the cart while she retrieved the car.

When Erico pulled up to the store’s door, her daughter was to push the cart out, and the two would load the stolen contents into the car, police said.

However, Safeway employees saw the girl attempting to leave with the groceries and stopped her, police said. Erico drove away, abandoning her daughter at the store.

Among the $150 worth of groceries was a 24-pack of beer, police said. Authorities added that Erico and her daughter committed a similar theft about a week earlier, making off with $60 worth of groceries in that incident at the same store.

Police continued to search for Erico, who they eventually contacted on the phone while she was traveling out of the state. Police found out she was traveling with her 11-month-old son and a male adult companion.

Authorities caught up with Erico at a hotel the three were staying at Sept. 28 in Lyon County, Nev., with the child unharmed, police said.

Both Erico’s daughter and infant son have since been returned to the custody of their grandmother, police said.

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