What about filing a tampering with evidence charge too?
Teen accused of using banana in robbery attempt
WINSTON-SALEM, N.C. (AP) - Authorities say a North Carolina teen who was thwarted as he tried to rob a store with a banana ate it before they could arrive.
Winston-Salem authorities say 17-year-old John Szwalla held the banana under his shirt when he entered the store Thursday, saying he had a gun and demanded money.
Owner Bobby Ray Mabe says he and a customer jumped Szwalla, holding him until deputies arrived. While they waited, Mabe says the teen ate the banana.
Mabe says deputies took pictures of the banana peel. Forsyth County Sheriff's office spokesman Maj. Brad Stanley says deputies joked about charging Szwalla with destroying evidence.
Szwalla faces a charge of attempted armed robbery. Jail officials say he doesn't have an attorney.