Man who stole from Virginia kids' lemonade stand pleads guilty

Jane Harper, The Virginian-Pilot on Apr 8, 2025

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

CHESAPEAKE, Va. — A man who admitted to stealing $40 from two children operating a lemonade stand outside their family’s home pleaded guilty last week to a felony theft charge.

Under an agreement Estaban Santillan reached with prosecutors, the court will hold off on entering a guilty finding for a year.

If Santillan adheres to all terms of the deal by that time, the charge will be reduced to a misdemeanor and he’ll receive a suspended jail sentence. The terms require Santillan to remain on good behavior for a year, complete 100 hours of community service, undergo a mental health evaluation and get any treatment deemed necessary.

Santillan’s attorney, Deputy Public Defender Terence Martin, declined to comment on the plea. According to a statement of facts entered in the case, prosecutors consulted with the children and their parents before the deal was offered.

“The victims expressed forgiveness toward the defendant, and the victims’ parents indicated that they hoped to use this opportunity to teach their children about compassion, empathy, and the benefit of allowing second chances,” Assistant Commonwealth’s Attorney Grace Thompson wrote. “The victims’ mother wanted the defendant to have the opportunity to avoid incarceration and a felony conviction.”

The theft occurred in August on Bells Mill Road, and was captured by home surveillance cameras.

Rebecca Caldwell, 10, and her brother, Josh, 8, were selling lemonade on a table at the end of their driveway when a man pulled up and offered to buy a cup shortly after their mother went into their house. While Rebecca was pouring the lemonade, the man grabbed a money jar from the table and fled in his silver Toyota sedan.

In addition to two home surveillance cameras outside the Caldwells’ home, the vehicle also was seen on nearby Flock street cameras. Police noted it had tinted windows and noticeable front and rear bumper damage.

The children’s mother, Annetta Caldwell, posted video from the incident on the Nextdoor social media app to see if anyone could help identify the thief, and the post was flooded with comments. After a local TV station reported the children were going to operate another lemonade stand to make up for the loss, hundreds of people showed up. Within four hours they collected more than $6,000. Soon checks from all over the country arrived at the family’s home after more media outlets reported on the theft.

Santillan, then 19, was later involved in a traffic stop, and confessed to the crime when questioned about it, according to police. He initially faced a misdemeanor theft charge, but it was later upgraded to a felony because the children were in close proximity when the money was taken.

_______