That’s the question on a lot of people’s minds today as two local guys, Jacob Kiss and Jason Giramma, both 19 wait for the district attorney’s decision whether or not to prosecute. Vote in our listener poll. Oh wait, you’re probably not familiar with them without the Gumby costume right? Jacob and Jason made the national news reels with the security tape of the men with Jacob (in his Gumby suit) “allegedly” trying to rob a 7-11 in Rancho Penasquitos.

They even turned themselves along with a deflated Gumby into police claiming it was all a prank. Reporters spoke with a young female family member who also shared her opinion that it was all a prank and a misunderstanding. If that’s not enough Little Tommy knows the two boys and actually had one of them on the Jeff & Jer show this morning. Read the story and decide for yourself if Gumby and Pokey should be in the slammer here.