Quincy District Court

FELONY LARCENY DISMISSED UPON WITNESS AFFIDAVIT STATING THAT DEFENDANT RETURNED THE ALLEGEDLY STOLEN ITEM TO THE POLICE.

Defendant went to Walmart. When entering the store, there was a person sitting at a table soliciting charitable donations, and Defendant observed a cell phone on the floor in the vicinity of this person. Surveillance video shows the Defendant picking up the phone, looking at it, putting it in his pocket, and leaving the store after finishing his shopping. Defendant was called by a police officer who instructed him to return the cell phone to the police station. If he returned the cell phone to the police station, the officer stated that he would not charge the Defendant with a crime. The officer alleged that the Defendant never returned the cell phone and the officer charged him with Larceny from Person (G.L. c. 266, §25(b)).Result: Attorney Patrick J. Noonan provided the prosecutor with an affidavit from a witness attesting to the fact that the Defendant returned the cell phone to the police station. The witness was present with the Defendant when he returned the cell phone to the police station. Based upon the evidence presented by Attorney Noonan, the Commonwealth dismissed the case.