On Thursday, August 21, 2014, I was on duty and assigned to marked unit East-1. At approximately 10:28AM, I was parked in front of the Christmas Tree Shop assisting with a traffic
accident. Officer Pavao and Officer Schneider(East-4) were dispatched to Home Depot on a reported shoplifting. Dispatch stated that the alleged shoplifter was a male and had assaulted a store employee. The unknown male purportedly fled in a black Toyota 4Runner toward my location. Suddenly I saw the vehicle drive past me in the parking lot and turn right onto McGrath Highway towards Medford. Officer Pavao and I caught up to the vehicle and affected a motor vehicle stop in front of Station’s Landing.
Officer Pavao saw the unknown male reach into the center console prior to stopping. With the assistance of Officer Schneider (West-5), who had just arrived on scene, we removed the man from the vehicle for Officer safety. We were able to identify him as Mr. Michael Foley. Inside of the vehicle we saw eight door hasps and two boxes of heavy duty staples in plain view. These items were consistent with hardware that would be sold at Home Depot. A more through search of the vehicle revealed drug paraphernalia, specifically syringes. Mr. Foley was placed under arrest by Officer Pavao at that point for shoplifting and he was transported to Somerville Police Headquarters in the prisoner transport vehicle.
After Mr. Foley was taken into custody, I conducted a follow-up investigation at Home Depot. When I arrived at the store, I was greeted by Loss Prevention Unit. He told me that the male operator of the Toyota, who we now knew was Mr. Foley, removed various items from the shelf and left the store. When he attempted to stop Mr. Foley and escort him to the loss prevention office, Mr. Foley refused to cooperate. I asked him if he had been assaulted and he told me that Mr. Foley had pushed him in order to get away. As a result of this involuntary touching, Mr. Foley was also charged with assault and battery.
During my follow up investigation at Home Depot, loss prevention had shown me a recording of Mr. Foley removing the items from the store. He brought a copy of this video to Somerville Police Headquarters and gave it to me. The DVD will be submitted into evidence.