On 8/17/2018, I (Officer Devin Schneider) was in full uniform while assigned to marked cruiser East-1 during the 8am-4pm shift. The following report is a summary of the events as I witnessed them that day, as they pertain to incident #18049070:
At approximately 3:00 pm I was contacted by Kmart Loss Prevention Officer XXXX. LPO XXXX informed me that a male was in the Kmart parking lot, attempting to gain access to multiple vehicles in the parking lot by pulling the handles. One of the vehicles described was a pick-up truck. I responded to the area, along with Officer Courtney Reece (A1), and Officer Chris Fusco. Officer Reece and I located a male matching the description in the courtyard area of Style Cafe, located at 60 Middlesex Avenue.
Officer Reece and I approached the male, where I asked him where he was coming from. He responded that he was coming from court. I then asked how he had gotten to the area, and he stated that his friend had dropped him off. I asked him what kind of vehicle his friend drove, and he stated a Lexus sedan. I then asked him if he had a vehicle, and he stated no. Based upon the answers he was giving me, I determined that the male would have no legitimate reason for attempting to open the door of a pick-up truck.
I asked the male for identification, and he provided me with his M.A. ID card that identified him as Michael O’Leary. O’Leary had a backpack on his back, and was carrying a duffel bag. I opened the duffel bag where I observed had a tablet computer inside of it, as well as multiple pieces of clothing with the tags still attached. O’Leary spontaneously uttered that the items in bag belonged to his girlfriend. I asked for the name of his girlfriend and he stated it was Ashley.
I examined the tablet and saw that it had a Gmail account registered to a XXXX. One of the email exchanges was between XXXX and an apparent work associate, XXXX, where XXXX had left her contact information. I contacted XXXX via the phone and explained the situation to her. XXXX informed me that she was actually sitting right next to XXXX. According to XXXX, she used to have a Samsung Tablet when she worked with the company of Aramark, and she had turned it into a male who worked for the company named XXXX.
I was able to contact XXXX with the contact information XXXX gave me. According to XXXX, he had just left the Assembly Square area a short time ago. XXXX stated that while he was parked at Assembly Square, someone had ransacked his vehicle, stealing his tablet, and several phone charging devices. XXXX described the feeling of being “violated.” I asked XXXX how much the tablet was valued at, and he stated approximately $300.
I informed O’Leary that he was now under arrest, and handcuffed him in a manner consistent with my training (double locked and checked for tightness.) O’Leary was transported back to the Somerville Police Station in prisoner transport unit 200, operated by Officer Justin Buswell. At the station, O’Leary was booked in the usual manner by the Commanding Officer: Lt. Jeff Digregorio. O’Leary’s backpack and duffel bag were transported back to the station in unit 200, where I took possession of them.
Officer Reece followed up with XXXX at Kmart and retrieved a USB flash drive of Kmart’s outside video surveillance camera, depicting O’Leary attempting to access a dark sedan, a pick-up truck, and a Uhaul truck. Apparently when O’Leary attempted to gain access to the Uhaul truck, the operator of the truck confronted him. The USB flash drive will be placed into evidence in the usual manner.
I learned from Somerville Police dispatcher Joanna McKenna, that she had just taken a report of a breaking and entering of a motor vehicle in the Kmart parking lot that involved clothing from Kmart, including a bra (incident #18049072.) As I had observed that there were several items matching this description in the duffel bag carried by O’Leary, I asked her to have the victim meet me at the police station.
Later at the station I met with XXXX, and his son XXXX. According to XXXX, he and his son had parked in the parking lot at Middlesex Avenue, between the Burlington store and Trader Joe’s sometime around 3:00 pm. When he returned to his car 30 minutes later, he observed that his car had been ransacked, and several items had been taken from his car. Among those items where a Samsung tablet, several car chargers and charging batteries, and a package of Jolly Ranchers hard candies. I checked inside the duffel bag that was in O’Leary’s possession, where I discovered 5 charging cables, two battery packs, and a package of Jolly Ranchers hard candies. XXXX identified these items as his. After photographing these items (see attached,) I returned them to XXXX.
I then met with the victim of the second car break, XXXX. XXXX stated that she had parked her Nissan Rogue in the Kmart parking lot at approximately 1:30 pm. When she returned at 1:50 pm, she discovered that her vehicle had been ransacked. XXXX stated that she had just made a purchase from Kmart in the amount of $89 and some change, and that someone had stolen the bag from her car. In the stolen bag, she described several items that had matched the items I had previously observed in the duffel bag (bra, Vaseline, deodorant, black and blue leopard print shorts, 2 sets of tooth brushes, kids pajama shorts, red shirt, black underwear.) I then retrieved the duffel bag and she identified all the items that had been stolen from her vehicle (see attached photo.) Additionally, the receipt from her purchase at Kmart was discovered in the duffel bag. The receipt showed that she made the purchase using her Visa credit card ending in 1274 (see attached photo.) A small backpack with the lettering “Massachusetts National Guard” was identified as belonging to her son. $3.50 of change was recovered, that XXXX stated had been taken from her vehicle. Additionally recovered from the duffel bag was a TJ Maxx ID card from XXXX ‘s place of employment, a Starbucks gift card of unknown value, and a Walgreens gift card of unknown value. XXXX took possession of her property after it was photographed.
I will be charging Michael O’Leary with the following violations of M.A. General Law:
-Ch. 266 / S. 16a: Breaking and Entering for a Misdemeanor (2 counts)
-Ch. 266 / S. 60: Receiving Stolen Property Under $1200 (2 counts)
-Ch. 274 / S. 6: Attempt to Commit a Crime (3 counts)
Officer Devin Schneider Badge #295