Here's the problem: Absent a compelling reason for removing the spider wrap AND prying it off the locking peg hook (thus defeating TWO security measures) that is BELIEVABLE, it looks like intent to commit theft. He didn't just place an item in his cart them put it back. And I'd bet that the video shows him displaying all sorts of behavior associated with theft as well (looking around nervously, walking away from the area whenever others come around, etc.).

I once pried an EAS sensor off a belt because it was preventing me from trying the belt on; but then I went up and purchased the belt immediately. In that case, anyone could see a possible reason for removing the tag in that I obviously wanted to try the belt on. In this case, he'd better have some similar rationale that would be obvious to a judge or jury.