On September 25, 2017, at approximately 16:45 hours, Officer Sousa and I were dispatched to Target, located at 180 Somerville Avenue, for a report of a male attempting to use credit cards that were in someone else’s name. Upon arrival, we were met by Target security officers, who directed us to a male standing in front of the store with a large Vizio television he had just purchased. The security officers told Officer Sousa and I that they recognized the male from multiple previous incidents in which he had used stolen credit cards; three of which are currently open cases with Cambridge Police.
When Officer Sousa asked the male for his identification, the male stated he did not have his ID on him, and identified himself as Kermit SIMS. He told us he has a valid driver’s license out of Ohio, where he is visiting from. Both CJIS and NCIC/III checks of SIMS yielded no results, and when we repeatedly asked him for clarification on his identifying information, he grew increasingly agitated, started fidgeting, and refused to answer our questions, stating he wasn’t doing anything illegal. I observed SIMS drop a piece of crumpled paper from his left pocket, which was retrieved by one of the security officers, and turned out to be a receipt for the television he just purchased, using a credit card under the name XXXXXX. When Officer Sousa and I asked SIMS who the credit card belonged to, he refused to answer the question, and stated that he knows his rights. Officer Sousa and I once again asked SIMS to clarify his personal information as we weren’t locating anything on him in our systems. He then accused us of lying that we couldn’t find any information on him, said we were only questioning him “because he is black,” and stated that “this wouldn’t happen to a white boy in nice clothes.” I advised SIMS that we were conducting an investigation, and that he needed to provide us with his identity so he could leave. He responded by telling me I am racist, asking me if I am retarded, and asking me if I am a lesbian who hates men. Based on SIMS’ increasing accusations against officers, Sgt. Isidoro arrived on scene; however, SIMS continued to tell us he will sue the Somerville Police Department and that he was in fear because he was being surrounded by white officers.
Based on SIMS’ refusal to explain why he used a credit card in someone else’s name, he was placed under arrest for Uttering. A search incident to arrest yielded a stack of Visa prepaid cards and MBTA cards, as well as two wallets. SIMS became angry I began combining all of the property found on his person into one property bag, and I explained it is proper procedure for transport to the Somerville Police Station. He repeatedly said that not everything found on his person was his property, and immediately stated, “that card isn’t mine and that wallet isn’t mine,” referring to a credit card and white Michael Kors wallet Sgt. Isidoro located in SIMS’ left front jacket pocket. The credit card was in the name of XXXXX, and matched the digits of the credit card used to purchase the television. Inside the wallet, I located an ID and miscellaneous cards in the name of XXXXX. When we asked SIMS how he came to be in possession of XXXXX’s wallet, he told us she gave it to him.
When placed in the back of Unit 200 for transport to the Somerville Police Station, SIMS stated he has a medical condition that makes it difficult for him to breathe. Sgt. Isidoro approved transport to the station in marked cruiser 3, operated by Officer Sousa for SIMS’ safety.
Once back at the station, I made contact with XXXXX, to inquire about her wallet. XXXXX told me her wallet was stolen at Flour Bakery in Cambridge earlier today, between 15:00-16:00 hours, when she left her purse unzipped while seated at a table. XXXXX had already reported her wallet stolen to Cambridge Police. I confirmed that XXXXX did not authorize SIMS to use her credit cards, and she told me she received notifications from her multiple banks alerting her to fraudulent activity on four cards. Using the itemized receipts provided by Target security officers, and XXXXX’s four credit cards, I was able to identify each individual transaction SIMS attempted. In total, SIMS charged $956.24 to XXXXX’s American Express card (Vizio television), $418.88 to her Visa card (two $200 Visa prepaid cards), and $416.99 (two $200 Visa prepaid cards) to her Mastercard. He attempted to used her debit card, but was unsuccessful as the transaction was declined.
Due to the additional information uncovered, SIMS was charged with four counts of Receiving Stolen Credit Cards, three counts of Credit Card Fraud Over $250, three counts of Uttering, Identify Fraud, Receiving Stolen Property, and Interfering with a Police Officer for providing false personal information. All photos, video, credit cards, and receipts will be logged into evidence, and I will be contacting Cambridge Police to provide information on this incident.
Respectfully submitted,
Officer Reece
#325