On Friday, October 26, 2016, I, Officer McCarey, was in full-uniform and assigned to marked cruiser 873, patrolling area E3, for the Somerville Police Department. At approximately 8:15 pm, I was dispatched to Saks’s off Fifth Ave at 300 Canal St. for a reported shoplifting in progress. Officer Schneider who is assigned to the Assembly Square shopping area received a phone call on his department cell phone from the loss prevention associate at Saks’s off Fifth Ave and relayed the information to me and SPD dispatch. The LP associate was following a “black male wearing a blue jacket, baseball hat and black pants.
Upon arrival I observed a male, later identified as Frank D. Smith, fitting the exact description given, exiting the Canal St doors of Saks’s. In his right hand he was holding a white plastic shopping bag stuffed with clothing. Following close behind him was the loss prevention associate XXXXX. She stated that the Smith had just stolen items from the store and had something on him that he was using to remove security tags. I attempted to frisk Smith. While doing so he kept turning to face me and reaching into his waistband. I handcuffed Smith and escorted him to the Sack’s LP office. Smith originally gave the name Anthony Burnum (DOB XX/XX/XX), then Anthony Barnum (DOB XX/XX/XX). Both names came back with no matching RMV or BOP records. The bag Smith was holding when he was detained outside the store contained 5 items with sales tags and parts of security tags still attached. XXXXX calculated the total amount of these 5 items (3 pair of designer jeans, 1 jacket and 1 shirt) in the plastic bag to be $584.95. By this time other officers had arrived and I was able to inspect the area of the store where Smith was removing security tags. XXXXX, Officer T Sullivan and I were able to recover several broken security tags from this area. She also burned me a copy of the surveillance video depicting Smith removing the security tags and concealing several items. On Smith’s person was a silver bottle opener (entered into evidence). This tool is capable of prying off and removing store security tags.
Smith was transported to the station by unit 200 and booked in the usual manner by Lt. Rymill. Once at the booking window Smith gave the name Franklin Araujo. He was asked at least twice to supply his name and Franklin Araujo was his answer. A short time after the booking process, Smith’s fingerprints came back from the MA State Police fingerprint index as belonging to a Frank D. Smith. A WMS quarry on Smith’s name revealed that he had 3 outstanding default warrants out of various Massachusetts courts for various property, larceny and MV related offences under the name Frank D. Smith. A CJIS quarry of RMV records using the a SSN provided by Smith indicate that he also has a revoked license and a RMV photo issued by Massachusetts under the name FRANK D SMITH-ARAUJO. Smith’s board of probation history shows that he has been processed under multiple names over the years including:
Smith will be charged with the following:
(266/30B)REMOVAL OF THEFT DETECTION DEVICE, ETC.
(266/30/A)LARCENY OVER $250 c266 S30
(268/34A)FURNISHING FALSE NAME OR SOCIAL SECURITY NUMBER
Officer Michael McCarey #298