The Foxboro Police have arrested a woman by the name of Kerry Barasso and charged her with stealing ammunition from Bass Pro Shops. The articles in the Patch and the Sun Chronicle raise serious questions about her culpability and that of a second suspect.
According to Chronicle, the police believe that on January 14, Ms. Barasso and Daniel Foscaldi made purchases at the store, but also took about 300 rounds of assorted ammunition without paying for them. They claim that the couple "concealed the stolen ammunition in the bottom of a black bag with the other items on top." As a result of a State Police bulletin to be on the look out (B.O.L.O.) for the couple and the car, the Marion Police pulled them over the next day. The police towed the car and searched it. Inside they found a black bag containing the purchased items, but no ammunition. According to the Chronicle, "there was not enough evidence at the time to arrest the suspects."
The Foxboro Police conducted a further investigation and did obtain arrest warrants. They executed the arrest of Barasso on January 21 -- one week after the alleged theft. They have not located Foscaldi.
My first question is -- What did the police have when they obtained the arrest warrants that they did not have at the time of the B.OL.O.? The news articles say that a Foxboro Police Detective interviewed employees and reviewed security videos. Apparently none of the employees said that they witnessed the theft of bullets, otherwise store security would not have let the couple leave the store. This makes me wonder what the employees knew when they called the police in the first place, and how it was enough for the B.O.L.O.
So what was on the videos? The news said that the video showed Barasso or Foscaldi with a similar black bag inside the store and that another video shows them driving away in the same car. That proves nothing. If the prosecution is going to obtain a conviction, they must have more than that. If they have video of the two concealing ammunition in the bag, wouldn't that be reported? Wouldn't the Marion Police have had that information when they pulled them over the next day? I wonder if it exists.
Recap: Someone at the store was suspicious and called the police. The police arrived and did an initial investigation that warranted the B.O.L.O. but not warrant any arrests. The couple gets pulled over the next day and since they don't have ammunition, there is not enough evidence to arrest them. A detective sees one video of the couple in the store with a bag similar to the bag found at the traffic stop and another video of them going to their car and leaving. Something is missing here and it is not just the ammunition.
Perhaps a store employee assisted them in the ammunition selections by unlocking a case. The news does imply that the store knew what kind of ammunition they were looking for. But, again, if they knew this, how did they let them leave and how was there insufficient evidence at the traffic stop?
The Chronicle says that Ms. Barasso has been charged with larceny of ammunition and larceny of property worth more than $250. While the Massachusetts larceny statute does have a special provision for stealing firearms, it has no such clause for stealing ammunition. So it may come down to one count of larceny over $250 -- a felony. However, even in the unlikely event that there is enough proof for larceny, proving the value, without the items, will be very difficult. Each round would have to cost 84 cents. It is possible, but possibilities are not proof enough in a criminal case.
Other areas to be explored. Why did't the police charge Shoplifting instead of Larceny? If the value was less than $250 how could the police get felony warrants as opposed to misdemeanor summonses for clerk's hearings?
Where missing ammunition is involved, you may be sure that the police, the prosecutor, and the Wrentham District Court will be taking this very seriously. Obviously, Ms. Barasso and Mr. Foscaldi would be well advised to obtain experienced legal counsel.