On Monday, November 14th, 2016, I, Officer Devin Schneider, was in full uniform while assigned to the Assembly Square unit. The following report is a summary of the events that I witnessed, as they pertain to incident #16072245:
At approximately 4:00 pm I received a call on my department issued cell phone from Home Depot Loss Prevention Officer (LPO) XXXXX. XXXXX informed me that he had a shoplifter who had just stolen from Home Depot in the parking lot. I responded to Home Depot, located at 75 Mystic Avenue. XXXXX directed me via the phone to the suspect in the parking lot. I observed the suspect talking on his phone while looking around. I asked the suspect what he was doing, and he stated that he was looking for his ride.
The suspect was would not follow simple verbal commands, and I placed him into handcuffs in a manner consistent with my training. I observed in plain view, a knife clipped to the suspects pants pocket, which I confiscated for Officer safety. I estimated the knife blade to be approximately 3 inches in length. Carrying a knife with a blade over two and a half inches long is a violation of Somerville city ordinance 9-96. The suspect was identified as Michael Ortiz via his M.A. state identification card.
I was met by XXXXX and LPO YYYYY. The following narrative is a summary of information I learned from the Loss Prevention Officer’s statements:
XXXXX was sitting in his car in the parking lot while on break, when he saw Mr. Ortiz and another male pull into a parking spot in a black Honda coupe. The unknown suspect exited the car and went into Home Depot, while Mr. Ortiz hung out in the car for around two minutes, before exiting the car and entering Home Depot.
YYYYY states he witnessed Mr. Ortiz select a drill set from the sales floor. YYYYY states he lost sight of Mr. Ortiz and the next time he saw him he no longer had the drill. A short time later, YYYYY observed the second suspect, who arrived with Mr. Ortiz, leave the store through the outside patio exit, pushing a cart filled with various power tools.
This suspect was approached by YYYYY and XXXXX, and they asked the suspect if they could see his receipt. The suspect stated that he did not have a receipt, and they asked the suspect to return to the store with them. The suspect stated that he could not afford to go to jail. The suspect then entered the black Honda coupe, which XXXXX states he recorded the M.A. registration number then drove away.
XXXXX states that while they were stopping the unknown suspect, he observed Mr. Ortiz close to the checkout booth by the same exit as the unknown suspect. XXXXX believes that Mr. Ortiz was attempting to hide from view when they approached the suspect. XXXXX believed that the larceny that occurred was a joint venture between the suspect and Mr. Ortiz.
Mr. Ortiz was transported back to the police station in prisoner transport unit 200 by Officer Michael McCarey. At the station, the suspect was booked in the usual manner by the Commanding Officer: Lt. William Rymill.
Prior to returning to the station to assist with the booking process, I reviewed Home Depot video surveillance footage with XXXXX. I observed Mr. Ortiz select a drill from the home depot sales floor. It is unclear what happens to the drill, as he no longer has it after taking it out of view of the camera. According to XXXXX, the drill that Mr. Ortiz selected was in the cart that the unknown suspect pushed out the door.
The store surveillance video footage further shows the unknown suspect selecting several power tools and placing them in the cart he is pushing. The unknown suspect then pushes the cart out to outside patio area where abandons the cart. After walking around for a short time, the unknown suspect meets briefly with Mr. Ortiz. Mr. Ortiz then walks towards the cashier at the patio exit, while the unknown suspect takes possession of the cart. As Mr. Ortiz engages the cashier, the unknown suspect pushes the cart out of the patio exit directly behind him. Based on my training and experience, I know that shoplifters will use tactics such as this to distract store employees while an accomplice commits the theft.
The following items were in the cart that the suspect pushed out the store: Lincoln Electric Welder, Milwaukee Sawzall, Dewalt Drill/Impact kit, Makita angle grinder, Milwaukee m18 Fuel Hammer Drill/Impact Driver, and a pair of gloves. XXXXX generated a store receipt to reflect the value of the stolen merchandise, equaling $1,255.00.
At the station I measured the knife confiscated from Mr. Ortiz using a standard tape measure. The blade of the knife measured 3 inches. The knife was placed into evidence in the usual manner.
Based on the aforementioned facts, I will filing the following charges against Michael Ortiz:
-Ch. 266 / S. 30: Larceny Over $250
-Ch. 274 / S. 7: Conspiracy to Commit Larceny
-Violation of City Ordinance 9-96: Carrying a Dangerous Weapon
Officer Devin Schneider