On November 29, 2015, at 18:42 hours, Officer Soares and I were dispatched to Target, located at 180 Somerville Avenue, for a Larceny. Upon arrival, we located two males and a juvenile, later identified as Miguel MARTINEZ and Jessy FELIZ, in the Loss Prevention Office with Officer Pasqualino and Target Loss Prevention. The Loss Prevention Officer, XXXXX, stated the juvenile first entered the store alone, and asked one of the cashiers for a few empty Target shopping bags before leaving. FELIZ entered the store a few minutes later, and made his way to the baby merchandise section. MARTINEZ and the juvenile entered shortly after FELIZ together.
FELIZ stood in front of the baby monitor display examining the packaging on multiple monitors. At one point a Target employee walked by, and he asked the employee to conduct a price check on the item. During the entire encounter, FELIZ appeared to be both talking on his cell phone and texting. MARTINEZ and the juvenile met up with FELIZ in the baby monitor aisle, and FELIZ leaves while MARTINEZ takes one of the baby monitors, and places it in his shopping cart. MARTINEZ used a pair of pliers from the store and attempted to cut the security wiring on the baby monitor. Video surveillance shows the juvenile clearly acting as a lookout for MARTINEZ, while he attempts to cut the security wire. The juvenile walks to the end of the aisle multiple times, and looks up and down the adjacent aisles before walking back to MARTINEZ. At one point, the juvenile looks directly at one of the security cameras before walking back to MARTINEZ, and using his body to shield MARTINEZ from view. MARTINEZ was unsuccessful at cutting the wire, but was able to slide the entire security wiring off of the baby monitor package. MARTINEZ and the juvenile then met up with FELIZ in another aisle. FELIZ used two sleds to shield MARTINEZ from the security camera view while MARTINEZ placed the baby monitor into a Target bag in FELIZ’s shopping cart. FELIZ took the pliers out of the shopping cart, and placed them on a random shelf in the aisle before MARTINEZ and FELIZ walked away in opposite directions.
XXXXX stated he and two other Loss Prevention Officers, YYYYY and ZZZZZ, stopped FELIZ as he attempted to leave the store with the unpaid baby monitor in the Target bag in his shopping cart. XXXXX said FELIZ told him he had the receipt for the baby monitor in the bag, however XXXXX noticed the receipt is a Target receipt for two floor lamps. While the three Loss Prevention Officers confronted FELIZ, he was talking to an unknown party on his cell phone. Once he hung up the phone, MARTINEZ and the juvenile met up with FELIZ, and the Loss Prevention Officers. MARTINEZ, FELIZ, and the juvenile were escorted to the Loss Prevention Officer to wait for our arrival.
While interviewing MARTINEZ and FELIZ, I noticed FELIZ had small particles of a green, leafy substance stuck to the outside of his pocket of his sweatshirt, and a white powder on the right nostril of his nose. The juvenile was holding a small, blue bag which Officer Soares searched. Inside the blue bag we located a plastic Ziploc bag containing a green, leafy substance, multiple clear plastic baggies, multiple blue Nitril medical gloves, a black scale with green, leafy residue, and a phone charger. Officer Soares then searched both MARTINEZ and FELIZ. In MARTINEZ’s right front pocket, Officer Soares located a clear plastic baggie containing a green, leafy substance. Note: The clear plastic bag in MARTINEZ’s possession was similar to the ones found in FELIZ’s blue bag. FELIZ requested a supervisor on scene, so Sgt. Fusco was called to assist. Upon arrival, Sgt. Fusco and Officer Prophete separated the juvenile from MARTINEZ and FELIZ so he wouldn’t have to witness the arrest. Officer Soares read both MARTINEZ and FELIZ their Miranda rights, and they were transported to the station for booking.
Throughout the entire incident, FELIZ kept attempting to place the blame entirely on MARTINEZ. Post-Miranda he stated to MARTINEZ, Officer Pasqualino, and myself “Yes, I was around you (MARTINEZ). Yes, I had a feeling something bad was going to happen. But whose fault is it?” to which MARTINEZ replied “Mine.” XXXXX was able to provide us with video surveillance of the incident. In addition to clearly being able to see MARTINEZ and FELIZ use the juvenile in the commission of the crime, video surveillance shows the two hand the juvenile the blue bag containing the possible narcotics. FELIZ has possession of the blue bag the entire time he is in the store up until MARTINEZ meets him when he is stopped by Loss Prevention. FELIZ hands MARTINEZ the blue bag and MARTINEZ can be seen handing the juvenile the bag just as Officer Pasqualino pulls up and enters the store.
A short while later, XXXXX came to the police station and told Officer Soares that the second baby monitor recovered from FELIZ and MARTINEZ was run through Target’s system and identified as being from the Somerville store. Initially, FELIZ had told XXXXX that he had bought the second baby monitor from the Target located at South Bay, and was attempting to return it to the Somerville store. XXXXX will provide video surveillance of FELIZ and MARTINEZ stealing this second baby monitor at a later date.
Officer Reece #325