I agree....
First of all, you can't go around having people arrested and prosecuted over what you THOUGHT they INTENDED to do. You have to base it on what actually happened. (That's why it never holds up in court if someone attempts to shoplift from a traditional retail outlet and gets apprehended before they've walked out the doors and stepped outside. Even if you watch them stuffing items in their pants, they haven't technically stolen until they leave the premises with them, without paying.)
* Ok, I just read some of the above posts after posting, so apparently this varies by state. I'm kind of shocked a state like NY would allow wording like "endeavor to unlawfully obtain property" ... That opens up a WIDE area of subjectivity. Could you get arrested simply because someone watching from a security camera thought you were walking around funny, like you *might* do if you had some item stuck in your clothing? What if someone just thought you looked suspicious based on your clothing or hairstyle and saw you go into the restroom for a while? It'd be pretty easy to accuse such a person of shoplifting without any real concrete evidence they picked up a single thing, and then it'd be on them to fight it in court. I don't like that too much!
With this "EasyPay" system Apple created, they blurred the distinction. Now it all becomes a matter of "He said, she said." because the new acceptable process is to simply pick items up, tap some keys on your phone, and walk on out the door. Did the customer really tap the right sequences of keys to ensure Apple was paid? If not, was it intentional? While an Apple employee can ask to see proof of the completed transaction on the screen, someone at the screen just before it can make a very reasonable argument that he/she intended to press that last button but it didn't register properly.
Many stores automate the checkout process to reduce employee headcount. But normally, it's done with automatic checkout lanes where the equipment prints a full paper receipt of all the items a customer scanned, and at least one employee is watching over the process from a master terminal with several monitors.
Apple thought it would improve customer satisfaction and their corporate image to give customers this higher level of trust. But now, they're starting to become more "numbers/profit focused" and the cost of theft losses is bothering them. Can't have it both ways, Apple.
I don't know whether he really intended to steal or not, but I sort of hope he gets off. Apple has to take responsibility for the fact that these problems will come up. It seems they are willing to trade tight control for reduced employees, so they have to deal with the possible ramifications.