David Chen, his cousin and his nephew, are charged with assault and forcible confinement. The charges arise from a May 23, 2009, incident in which Chen apprehended a man he believed was stealing from his store. The man apprehended actually pleaded guilty and was given a 30 day jail term..
The man had originally been caught on security footage stealing but foolishly enough he returned an hour later, Chen and his two employees tied him up and locked him up in a van before calling police. On arrival the police charged Chen with kidnapping, carrying a dangerous weapon- a boxcutter! and forcible confinement. THe kidnapping and weapons charges were later dropped but the others went ahead. A citizen's arrest can be made only if the perpetrator is caught in the act.
Technically I suppose the police and prosecutors are correct but given the circumstances one would think that they would simply have not brought charges. The actual robber did not press the charges it would seem but it was an immediate reaction of the police.