Kelly McGuirk charged with stealing from Macy*s
May 15, 2026 —Exactly two years after the case was first filed, Kelly McGuirk's 2024 theft case from Macy*s was suspended. The judge, Don R. Franchi, offered defendant Kelly McGuirk Court-Initiated Diversion for a term of 12 months, effective May 15, 2026. During the period of diversion, criminal proceedings are suspended but not dismissed. The defendant has agreed to:
- Obey all laws and commit no new criminal offenses;
- Provide proof of completion of 20 hours of community service at a 501{c)(3) non-profit organization, or through a Public Service Work program approved by probation;
- Enter and complete a 12 hour theft class;
- Stay away from Macy's at Hillsdale Mall;
Accordingly, the criminal case is paused while the defendant, Kelly McGuirk, completes the diversion program. A court-ordered review is scheduled for April 2, 2027.
The "theft class" is not a class to learn to steal, but rather a court-approved course such as this one that purports to help the defendant "understand the impact of theft, develop better decision-making skills, and learn strategies to avoid future offenses." This class is available online, taken from the comfort of the defendant's home.
Presumably, if the defendant completes all of these items, the charges are officially dismissed.
Previously
September 6, 2024 — Kelly McGuirk has *allegedly* returned to shoplifting, this time it's Macy's.
Complaint Filed by District Attorney
McGuirk has waived time for a speedy trial, and a pretrial hearing is set for November 5, 2024.
McGuirk applies for "mental health diversion"
On November 5, 2024, Kelly McGuirk's attorney applied for "mental health diversion," which allows a defendant to seek mental health treatment in lieu of criminal proceedings. A series of hearings are held before such a request is granted.
The next hearing is set for December 16, 2024.
Court continues hearing
On December 16, 2024, a San Mateo County judge hearing this case for mental health diversion made a motion to continue the hearing. The hearing was reset for February 3, 2025.
Attorney withdraws
On February 3, 2025, in a San Mateo County courtroom, Kelly McGuirk's attorney of record withdrew from the case at what was scheduled to be a mental health diversion hearing. The defense attorney's motion was granted, leaving McGuirk without an attorney of record in this case.
A new hearing date was set for February 28, 2025, where McGuirk is to be arraigned and identify new counsel.
McGuirk arraigned again, early
February 24, 2025 — In a Redwood City courtroom last week, Kelly McGuirk had a hearing in her latest petty theft case. In this hearing, McGuirk was arraigned again.
At this hearing, McGuirk requested a public defender (called a private defender in San Mateo County), and the request was granted.
Accordingly, the taxpayers of San Mateo County will pay for McGuirk's defense in what amounts to her eighth known theft case.
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