A 45-year-old Brookfield man is accused of damaging a cigarette cabinet at a Brookfield Pick ‘n Save while trying to pilfer a carton of smokes.

Gregory T. Owten was charged in Waukesha County Circuit Court Wednesday with one count of criminal damage to property. If convicted, he faces up to nine months in prison and $10,000 in fines.

According to the criminal complaint:

At 10:46 p.m. Nov. 23, Brookfield police were called to Pick ‘n Save after an employee spotted Owten bend the door of a cigarette cabinet to try and get a carton out. He was unable to and then left the store.

Officers found Owten at a nearby bus stop, where he was taken back to the store. As he was being read his Miranda Rights, Owten told the officer “just give me my ticket.”

Owten will make his initial appearance in court Jan. 7.