It seems the story is they were stealing abandoned bikes which means the stealing part is in question. I guess it is sort of like driving down the street and noticing your neighbor is tossing our a perfectly good BBQ with the trash and you decide to do a little garbage picking. Of course in this case the goods were chained to a stationary object. The chains was removed by a borrowed/recycled hacksaw?
The defense was they were recycling not stealing.
That decision was announced Wednesday by Whitman County prosecutor Denis Tracy.
Toomer and Daniels were arrested June 9 after allegedly taking several bicycles from an area on campus. The bikes were abandoned at the end of the school year, so the prosecutor can't prove that a theft occurred