It goes without saying that if you rent a video game, you should return it - preferably on time.

But a Pennsylvania judge has called a halt to the jury trial of a man who failed to return an unspecified game and three movies to a West Coast Video outlet.

As reported by the Harrisburg Patriot-News, Morris Mumma, Jr. rented the items in January and failed to return them. The store manager called Mumma, who said he had been busy but would bring the game and movies back and pay the late fees.

The video store manager next billed Mumma’s credit card $70 for the replacement value of the items, but the charge was declined by the bank. A local police officer then left Mumma a voice mail, at which point Mumma returned the items. The police then filed charges alleging that Mumma had, in effect, committed a theft by failing to pay a $59 late fee.

From the Patriot-News:

The public defender’s office and prosecutors couldn’t reach an agreement and the case was called for trial Wednesday, on a court calendar filled with murder, rape and other felonies.

Assistant Public Defender Alyssa H. Knisely told the newspaper that Mumma wanted to pay the fee:

If we start criminally charging everyone who returns a movie late, judge, we’ll be clogging up the court system, which should be reserved for real criminals.

Judge Richard Lewis agreed and refused to empanel a jury to hear the case. Hizzoner told prosecutors to withdraw the charge or he would dismiss it when Mumma paid the $59.