Man’s complaint against store
alleges malicious prosecution
MARLBORO — A township resident has filed a civil complaint against Wawa convenience stores and one of its employees alleging malicious prosecution in the wake of an alleged incident of theft.
Israel Martinez, 38, states in a May 3 state Superior Court complaint filed by his attorney, Stuart P. Schlem of Manalapan, that he entered the Wawa store in Bear Brook Commons, Route 79 and Route 520, shortly after midnight on Oct. 18, 2000, with the intent to buy a bottle of soda and a box of cigars. Schlem said when Martinez realized he did not have enough money to make the purchase, he left the store.
The complaint alleges that shortly thereafter Steven Paioli, acting in his capacity as a Wawa employee, filed a criminal complaint against Martinez with Marlboro police, alleging simple assault and theft.
Marlboro police issued two summonses to Martinez. The summons alleging theft states that Martinez "partially consumed a beverage inside the store and had an argument with the cashier." The summons alleging simple assault states that Martinez "had an argument with the cashier and threw candy at the cashier, striking him in the face."
The civil complaint Martinez has filed against Wawa alleges that at the time Paioli filed the complaint with Marlboro police, he knew that Martinez had neither assaulted him nor committed any theft.
"By reason of such malicious prosecution on behalf of the defendant Wawa, [Martinez] was caused to suffer embarrassment, ridicule in the community, financial damages including loss of business, and legal fees in the defense of the criminal complaints filed by the defendant," the complaint states.
The theft charge against Martinez, who is the owner-operator of a local entertainment business, was reported in a local newspaper’s police news column.
According to Martinez’s civil complaint, on March 7, after having been notified of a second court appearance relating to the Oct. 18 criminal complaint filed against Martinez, representatives of Wawa failed to appear in municipal court and all criminal charges against Martinez were dropped.
The civil complaint alleges that "the filing of the criminal charges against [Martinez] by [Paioli] on behalf of [Wawa] was wanton, willful and malicious, and was done for the sole purpose of harassing [Martinez] and causing him to expend monies in the defense of said criminal charges."
Martinez is demanding judgment against Wawa in the form of compensatory damages, punitive damages, attorney’s fees and the cost of the suit.
A public relations representative at Wawa’s corporate offices in Wawa, Pa., was provided with information regarding the nature of the charges against the Marlboro Wawa and said she would check them out. No return call was received by the News Transcript as of press time Monday.

