SUNNYSIDE — What would Homer Simpson do?
A man scarfed down a donut and Big Gulp at a 7-Eleven, then was arrested for refusing to pay — saying the donut was stale.
"I am not paying for it, I didn't like it," Daniel Schlagler, 19, said after walking into a 7-Eleven at 1200 Victory Blvd. shortly after midnight on Tuesday, a law enforcement source said.
Schlagler was charged with petit larceny and criminal possession of stolen property at his arraignment, according to the Staten Island District Attorney's office.
His lawyer confirmed that Schlagler refused to pay for the donut — saying he took a bite while on line to pay and found it had gone stale.
"This is a totally bogus arrest," Alan Cappelli said. "They should have apologized and given him a fresh donut."
Cappelli said Schlagler tried to pay for just the Big Gulp but the 7-Eleven worker refused saying he needed to buy both.
Schlagler had been arrested previously after he painted swastikas and anti-Semitic slogans at the Eltingville train station, sources said.
Schlagler painted "White Power," swastikas and other phrases on the train station's walls and railing, the Staten Island Advance reported.
He pleaded guilty to the charges and served community service, the Advance reported.
Schlagler was also arrested in the Financial District earlier this month and charged with criminal mischief after he allegedly smacked the side-mirror of a car with his hand, smashing the glass, the Manhattan District Attorney said.
He was released without bail after the latest arrest and is due back in court on Oct. 14, according to court records.
