On 08/14/2016, I Officer Christopher Collette was assigned to Somerville marked unit East Four. At approximately 14:03 hours I responded to the area of Home Depot at 75 Mystic Ave. A loss prevention employee, XXXXX was following two shoplifting suspects, a male and a female. They were later identified as Kenneth Happas, and YYYYY. Sergeant Fusco responded as well. XXXXX informed Somerville Control that both suspects were walking across a path that passed underneath I:93. Moments later I observed both suspects in that area. As I approached the two parties, XXXXX pointed at them and stated that they were the suspects. Mr. Happas and YYYYY were a good distance away. I called out to them and instructed them to speak with me. As they walked back toward me I observed YYYYY stop and retrieve an item from the ground. This turned out to be a smart phone. Sergeant Fusco and Officer Ubeda arrived shortly after. YYYYY then told us that there was a phone on the ground.
XXXXX informed us that both parties had entered Home Depot and returned a door lock without a receipt. XXXXX then observed Mr. Happas take a smart phone that was laid on a counter. Mr. Happas kept the smart phone and left the store. XXXXX believed that the smart phone belonged to one of his co-workers. XXXXX saw the smart phone that YYYYY had referred us to and believed that it was the same phone he had observed Mr. Happas steal. Sergeant Fusco then read Mr. Happas his rights pursuant to Miranda. Post Miranda, Mr. Happas admitted to stealing the smart phone. Mr. Happas was placed under arrest for larceny over $250, 266/30/A.
XXXXX was able to summon ZZZZZ to the area. She confirmed that the Samsung smart phone we had recovered did belong to her. She stated that she had paid between $260 and $270 for the smart phone. The phone was returned to ZZZZZ. Photographs of the phone were taken and will be digitally attached to this report. Mr. Happas was transported to the station and booked by Lt. DiGregorio without incident.
Patrolman Christopher Collette, B#302