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Charges Dismissed Against Walnut Hill Man For Not Delivering Yetis

Multiple theft charges have been dismissed against a Walnut Hill man arrested last summer for allegedly collecting cash for Yeti coolers but not delivering the merchandise.

Timothy James Barry, 51, was arrested on four counts of grand theft and three counts of petit theft after an investigation by the State Attorney’s Office and the Escambia County Sheriff’s Office.

Judge Joel Boles has granted a defense motion to dismiss the criminal charges against Barry.

“He ruled that there was no criminal intent,” Assistant State Attorney Greg Marcille said Tuesday,”and that this is a civil, not criminal, matter.” Marcille said the victims in the case would have the legal option to pursue damages in civil court.

Barry, owner of Baywatch Arms & Accessories, allegedly accepted $2,944.18 during the summer of 2011 from seven people to order Yeti brand coolers, a high-end ice chest, on their behalf. After the coolers were not received from Barry, the victims filed a complaint.

Certified letters were sent by the victims and the State Attorney’s Office in an attempt to collect the money. According to an arrest report, Barry admitted to receiving the money from the victims and told deputies on June 4, 2012, that he was unable to repay them.

Barry provided the victims and the State Attorney’s Office with “numerous excuses to avoid coming in to clear that matter up”the arrest report states. One victim told the State Attorney’s Office that he contact the Yeti Cooler company and was told the order was complete and awaiting payment from Barry.