yARREST WARRANT APPLICATION STATE OF CONNECTICUT FRG cesguan SuReraoe COURT ‘SUPPORTING AFFIDAVITS SEALED Pete See 36,202,363, wun jud.state.clus a He a NAME [AeNCYNO se eee MILFORD POLICE DEPARTMENT 004 "NAME AND RESDENGE (Tow) OF ACCUSED COURT TOBEVELDAT Towa] GAO. LAVECGHIA, MATTHEW (0038-204) _ 232 North Street Milford CT. Milford 22 APPLICATION FOR ARREST WARRANT TO: A Judge of the Superior Court ‘The undersigned hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts set forth in the: (AFFIDAVIT BELOW. a [T(s) ATTACHED. DATE and baa ‘SIGNED | TYPEIPRINT WANE SOSECUTING AUTHORITY nee [SM AEEIDAVIT ‘The undersigned affiant, being duly swom, deposes and says: 1. The undersigned, Det. Robert Nash, being duly sworn, does depose and state that he has been a member of the Milford Police Department since November 6, 1981, and at all times mentioned herein, was acting as a member of said department. The following facts and circumstances are stated from personal knowledge and observations as well as information received from other police officers acting in their official capacity and from official police reports and statements made by prudent and credible witnesses. 2. On December 17, 2009, Off. Lennon of the Milford Police Department was assigned to meet the complainant, Loss Prevention Officer Gregory Dickinson, at the Lowe's store, 311 Old Gate Lane, Milford, regarding a larceny complaint. Gregory Dickinson told Off. Lennon that for past month they have suspected employee Dustin Pepe, DOB 6-24-80, of theft. 3. Off. Lennon indicated that Dustin Pepe was in the presence of Gregory Dickinson. Off. Lennon informed Dustin Pepe of his Constitutional Rights, which he read from a blue notice of rights card, and advised him of this investigation. Dustin Pepe told Off. Lennon that throughout the last month while working as a cashier for Lowe's, he would not scan in items being purchased by customers and in return he would receive cash from the customers that he would take. Dustin Pepe agreed to be interviewed by Off. Lennon and provide a statement regarding this investigation. Gregory Dickinson advised Off. Lennon that he would be gathering security footage from the closed circuit (This ie page 1 ofa 8 page Atfdavit) DATE and [PATE RD SIGNATURE B71? 72 Yet Det. R. Nash {SUBSCRIBED gND SWORN TO BEFORE WE ON aie) | SIGHED ery Faby JURAT iD FINDING ‘The foregoing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to and considered by the undersigned, the undersigned finds from said affidavi(s) that there is probable cause to believe that an offense has been committed and that the accused commited it and, therefore, that probable cause exists for the issuance of a warrant for the arrest of the above-named acgused, DATE and | SONEDAT Gizar Tow 3 BoD a TREO NATURE {EDUOGE WRI REFEREE* AFFIDAVIT Te ure so be completed fe each page of he afi. ARREST WARRANT InsTRUCTIONS: STATE OF CONNECTICUT ‘SUPERIOR COURT ‘CONTINUATION PAGE ‘The prosecutorial offal and judgofucge tai referee are to dato JD.CR.Sa Roy. 1008 {2nd sign or intial each page fo indicate that they have reviewed &. Gas g sez Pr Bk See 861, 36-2 96:3 "WANE AND RESIDENCE (Tow) OF ACCUSED SORT TO REREDAT ow] ATT LAVECCHIA, MATTHEW (0088-204) _232 North Street Milford CT. Mitford 22 TV (CCTV) regarding these thefts. Off. Lennon received a handwritten, notarized statement from Gregory Dickinson indicating, among other things, the following. That he has been employed at Lowe's as a Loss Prevention Specialist, at 311 Old Gate Lane, Milford, Connecticut, since December 2008, On Monday, December 7, 2009, at approximately 4:30 p.m. he first observed cashier Dustin Pepe via CCTV select one (1) pair of Mechanix gloves, valued at $17.97, from a rack near Register 2 in the lumber department and shortly after, put the gloves in his back pants pocket. At approximately 5:15 p.m. that day Mr. Pepe leaves the store to go on his dinner break. He exits the store, passing all points of purchase, making no attempt to pay for the gloves that are stil concealed in his back pants pocket. In the parking lot Mr. Pepe is seen on CCTV removing the gloves from his back pocket and putting them on before he enters his car and leaves the parking lot. At 6:11 p.m. Dustin Pepe returns from his break and itis clearly seen that he no longer has the gloves in his possession, Gregory Dickinson indicated that after the initial incident, he began to conduct additional surveillance of Dustin Pepe and review past transactions involving Dustin Pepe while employed as a cashier. Mr. Dickinson indicated that after about a week's research, he found the following incidents of thefts involving Dustin Pepe. . On Monday, November 30, 2009 at approximately 7:15 p.m. Dustin Pepe is observed via CCTV passing off six (6) pieces of 4” x 8” gypsum, valued at $5.94 each for a total of $35.64, to a male customer. During this transaction Dustin Pepe only charges the customer for one (1) piece of Gypsum at $6.94, but has the customer pay him for all seven (7) pieces, valued at $41.58, This represents a difference of $35.64. Dustin Pepe places the amount of one.(1) piece of gypsum into the register, which keeps the cash register balanced, and puts the remaining money in his left hand. After the customer walks away, he transfers the money from his left hand into his red Lowe's vest pocket. x . On Monday, November 30, 2009 at approximately 9:05 p.m., Dustin Pepe is observed at his cash register with a customer. The customer attempts to purchase a compressor, valued at $79.00, and five feet of tubing, valued at $1.55. Dustin Pepe charged the customer $80.55, but only rings Up the tubing for $1.55. Dustin Pepe takes the excess of money from the register, totaling $77.45, and places it into his Lowe's vest pocket. a . On Tuesday, December 15, 2009 at approximately 3:55 p.m., Dustin Pepe is observed via CCTV at his cash register when a customer approaches with an oak railing, valued at $9.98. Dustin Pepe scans a Sharpie mini marker, valued at $.98, instead of the oak railing. The customer does not take the Sharpie, but leaves with the railing. The loss in this transaction is $9.98. 2 (Mis is Poge 2 of a 8 page AMidavit) sioarune |" A~/7-/ 2 seman) Wea Det R. Nash “SURED YS SWOHA TO REFORE WE ON (Dam) sess ez “as [fu-10ARREST WARRANT instRUCTIONS: STATE OF CONNECTICUT "AFFIDAVIT, The urats tobe completed foreach page ofthe affidavit SUPERIOR COURT CONTINUATION PAGE The prosecutorial ofteal and judgofldge tal rotor Geto dato JO-GR 4a Rov 1004 ‘nd Signoria each page fo inlcate tha they have vied Feb Boe 904,262,989 TORRE AND RESIDENCE Town) OF NEGUSED CORTTOREREDAT owas] OAT LAVECCHIA, MATTHEW (0086.20.84) __232 North Street Milford CT Milford 22 7. On Tuesday, December 15, 2009 at approximately 4:10 p.m., Dustin Pepe is observed via CCTV at his cash register when a customer brings the following items to be checked out: Dewalt drill, valued at $169.00; and an oak cabinet, valued at $98.00. Dustin Pepe scans in a Sharpie mini marker, valued at $.98, and pretends to scan in the cabinet and drill. The customer uses a debit card to pay for the balance of $.98 and later receives $40.00 back from the debit card, The customer gives Dustin Pepe the $40.00, and exits the store with the drill and cabinet, valued at a total of $257.00. This customer is identified through his debit card as MATTHEW S. LAVECCHIA. Dustin Pepe puts the $40.00 into his left vest pocket. 2 . On Tuesday, December 15, 2009 at approximiately 4:36 p.m., Dustin Pepe is observed via CCTV with a customer at his register with a Cobalt deep truck box, valued at $258.00. Dustin Pepe did not scan this item, but scans a Sharpie mini marker, valued at $.98. The customer counts some of his cash and gives it to Dustin Pepe. Dustin Pepe places the cash in his left hand and puts it in his Lowe's vest at the end of this transaction. The customer leaves the building, but, does not take the Sharpie that was scanned. Lowe’s loss during this transaction is $258.00. © . On Tuesday, December 15, 2009 at approximately 5:05 p.m., Dustin Pepe is observed via CCTV with a customer at his register with a two-pack Dewalt 18V battery set, valued at $119.00 each for a total of $238.00, and a Surefire Tactical flashlight, valued at $84.00. Dustin Pepe scans a Sharpie mini marker, valued at $.98, instead of scanning all items, totaling $322. This customer is identified as the same customer from earlier that day, MATTHEW S. LAVECCHIA. Mr. LAVECCHIA then has a toilet seat scanned for $13.97, which he pays for. Mr. LAVECCHIA hands over $20.00 to make it appear as if he’s paying for this transaction, Dustin Pepe hands two $10.00 bills to MATTHEW LAVECCHIA. MATTHEW LAVECCHIA leaves the store and does not take the Sharpie mini marker. 10.On Wednesday, December 16, 2009 at approximately 10:30 a.m., Dustin Pepe is observed via CCTV at his cash register when a customer brings six (6) pieces of 2” x 4" x 10" pressure treated lumber, valued at $3.97 each, for a total of $25.25. Dustin Pepe scans a Sharpie mini marker instead of the lumber. The customer pays $25.25 and leaves the building, and Dustin Pepe puts the $25.25 into his left hand and into his Lowe's vest. 11.On Wednesday, December 16, 2009 at approximately 1:25 p.m., Dustin Pepe is observed via CCTV with a customer at his register with a Dremel multi-max kit, valued at $99.00. Dustin Pepe scans only a Poland Springs 20 ounce bottle of water, valued at $1.12. The customer is later identified by Loss Prevention Officer Gregory Dickinson as Dustin Pepe's girlfriend, Elaina Gianini. When Elaina Gianiniis at his cash register, she was holding a baby and she was accompanied by (isis Page 2 ofa 8 page Affidavit) sinarune |" 3-77-72 So 7 Dae Det, R. Nash asc age O weFORE ON a) Tea anagem Wi (O‘ARREST WARRANT snstmucTIONS STATE OF CONNECTICUT * AFFIDAVIT ‘The jurat is to be completed for each page of the sifidavit. ‘SUPERIOR COURT The prosvouteril offal and CONTINUATION PAGE prosoo judgefudge tral referee are to date {and sign or nal each page to incicate that they have reviewed TRAIRE AND RESIDENCE Town) OF ACCUSED COURT TOBEWELDAT fom] ORO LAVECCI MATTHEW (008 8.20.84) _232 North Street Milford CT Milford 22 another woman. Dustin Pepe then appears to be instructing his girlfriend to get something in the store and that the purchase of the bottle of water is to establish this transaction. Dustin Pepe is then observed handing money to Elaina Gianini and she leaves the store with the older woman and the Dremel kit, which was not scanned. Gregory Dickinson indicated that he observed Dustin Pepe a short time later (approximately 12:30 p.m.) meeting with Elaina Gianini and the older woman in the parking lot and helping Elaina Gianini remove a baby stroller from a vehicle. Elaina Gianini removes the Dremel too! from her car and allows Dustin Pepe to handle it. Dustin Pepe then hands the Dremel back to his girlfriend and she puts it back into the car. The loss to Lowe's is $99.00 12, On Wednesday, December 16, 2009 at approximately 1:18 p.m., Dustin Pepe is observed via CCTV with a customer at the outdoor cash register area. The customer appears to be purchasing two Christmas trees, valued at $12.00 each for a total of $24.00. The trees are not scanned and Dustin Pepe takes $24 from the customer and the customer leaves knowing that the Christmas trees were not scanned. Dustin Pepe keeps the $24.00 for himself. 13.On Wednesday, December 16, 2009 at approximately 3:35 p.m., Dustin Pepe is observed via CCTV leaving his register in the lumber area and walks to the tool section where he selects three Dremel tool attachments, valued at $11.97, $9.98, and $32.97, for a total of $54.92. Dustin Pepe then returns to his cash register, conceals these items in his Lowe’s vest, and leans over the deactivator pad to deactivate the security devices inside. Dustin Pepe never pays for these items and later exits the store with them. 14.On Wednesday, December 16, 2009 at approximately 6:15 p.m., a customer is observed via CCTV bringing the following items to the cash register: nine 30” six-panel doors, valued at $19.00 each; a Mitre saw, valued at $199.00; a shovel, valued at $12.97; two canvas drop clothes, valued at $28.98 each; one box of trash bags, valued at $14.98; one tool box, valued at $9.96; one belt sander, valued at $194.65; one drive set, valued at $44.96; one pair of aluminum snips, valued at $24.97, one measuring tape, valued at $25.47; four saw blades, valued at $18.97 each; and, two paint brushes, valued at $15.88, for a total of $892.57. (The actual loss is $863.56.) Dustin Pepe is seen scanning three five-gallon paint cans, valued at $44.98. The customer hands cash to Dustin Pepe, which Dustin Pepe places in his vest. The customer pays for the three cans of paint with his Lowe's credit card. The customer is identified through his Lowe's credit card as Marshall ‘Asmar, DOB 8-13-70. Marshall Asmar was in the company of an unidentified adult male. Marshall Asmar left Lowe's with the above items, paying only for the cans of paint. Gregory Dickinson indicated that he followed the two males out to the loading area and observed these items being put into a vehicle bearing Connecticut registration JJF-261. Mr. Dickinson indicated (isis Page 4 ofa 8 page Atcait) DATE and_[oare aca aoa SIGNATURE 3-17-12? NT) Yeast Det. R. NashARREST WARRANT InsrRucTions: STATE OF CONNECTICUT * AFFIDAVIT ‘The juratis tobe completed for each page ofthe affidavit ‘SUPERIOR COURT CONTINUATION PAGE The oficial and judgefiudge tal rferee ar to date ere 1296 ‘and sin or intial each page to indicate that they have reviewed i Prk Soe 36-1, 262, 999 TRAVIE AND RESOENGE (owt) OF ACCUSED LAVECCHIA, MATTHEW (008.2084) _ 232 North Street Milford CT. Mitford 22 TOUR TOBEREADAT omy] “GRO that there were other items that went out the door of Lowe's with this transaction that could not be identified. 15.On Thursday, December 17, 2009 at approximately 5:47 p.m., Dustin Pepe is observed via CCTV with a customer at the register with six 1” x 2" x 8” furring strips of lumber, valued at $.98 for a total of $5.88; and, one roll of fiberglass gypsum tape, valued at $10.98. Dustin Pepe scans one 3” door hinge, valued at $2.38, but not the lumber or tape. This is the same customer as shown in the transaction on December 16, 2009, as Marshalll Asmar. It appears that the hinge was not properly scanned and Marshall Asmar gives Dustin Pepe $20 cash, which he puts in the left Pocket of his vest and leaves the store with additional unidentified items in his car. 16, Gregory Dickinson estimates the total loss to Lowe's is $2,093.10, however, the actual loss is {$2,064.09 in items not scanned by Dustin Pepe. As a representative of Lowe's, Gregory Dickinson requested the arrest of Dustin Pepe and the customers involved. 17.On December 22, 2009 the affiant was assigned to continue this investigation, and notified Gregory Dickinson. The affiant retrieved the three DVD disks of security footage from Lowe's of recordings of the above transactions. The affiant contacted the Connecticut Department of Motor Vehicles (DMV) and requested operator license blowbacks from the identifiable suspects: Dustin Pepe, DOB 6-24-80; MATTHEW S. LAVECCHIA, DOB 8-20-84; and, Marshall Asmar, DOB 8-13- 70. The affiant received these three blowbacks from DMV and they clearly are the same people captured in the security video involved in the above transactions. 18.On December 31, 2009 the affiant met with Dustin Pepe at the Milford Police Department Detective Bureau, He was advised that he was a suspect in this investigation. That he was not under arrest and could leave at any time. Dustin Pepe indicated that he would cooperate and agreed to be interviewed and provide a statement regarding his activities while employed at Lowe's. Dustin Pepe indicated that on a Saturday, on or about November 30, 2009, he was working in the garden section at Lowe's and a customer brought him two Christmas trees, valued at $30.00. Dustin Pepe did not ring up the Christmas trees and kept the $30.00. Another customer, who he identifies only as MATTHEW, came to his register and paid for the sheetrock, which he scanned into the cash register. MATTHEW then offered to give Dustin Pepe extra money if he would give him a couple extra sheet rock. Dustin Pepe agreed. MATTHEW gave him some money that Dustin placed in his pocket, On another occasion MATTHEW again came to his cash register with a cabinet and drill and he only charged him for a pen. MATTHEW later used his debit card and requested $40 back. MATTHEW then offered him the $40, which Dustin Pepe accepted and put in his pocket. That same night MATTHEW retumed to Lowe's and asked Dustin (This is Page Sof a 8 page Affidavit.) BAERS TORE 37> yo FEO I FEL Det. R. Nash 'SIGNASTATE OF CONNECTICUT ARREST WARRANT InsTRUCTIONS: "AFFIDAVIT, The rat sto be completa for ect p9ge of he ado ‘SUPERIOR COURT CONTINUATION PAGE ‘offal and udgequdge Wai reforoe aro to date sR s4a Rev and Sgn ori each page oats al ey ave rover eo § 52 Pr Bk Sec. 964, 962, 3608 ‘COURT TOBE REO AT Tomy] GARD THAIIE AND RESIOENGE Town OF ACCUSED iMord__CT. Mitford 22 LAVECCHIA, MATTHEW (0088-20-84) __ 232 North Street Pepe if they could do the same thing. Dustin Pepe agreed. Dustin Pepe indicated that MATTHEW brought him batteries, a toilet seat, and a flashlight. Dustin Pepe said he scanned a marker only and MATTHEW gave him $60.00, which he put in his pocket. On another occasion his girlfriend, who he identifies as Elaina Gianini, came into Lowe's and he told her to get a drill, which she did. She brought the drill to his cash register and he told her he would pay for it later and Elaina left the store with the drill. Dustin Pepe stated that he never paid for the drill and the only thing he purchased with his girlfriend at that time was a bottle of water, valued at $1.88, 19. Dustin Pepe went on to state that on another occasion he took a pair of work gloves, valued at $13.00, and Dremel attachments. He recalls that a customer came to his register that he recognized as Marshall Asmar from a previous job. Marshall Asmar asked him if he could get a discount and Dustin Pepe said he would let him use his store discount of 10%. Marshall Asmar then brought many items to Dustin Pepe’s register, including nine 30” six-panel doors, a Mitre ‘saw, a shovel, two canvas drop clothes, a box of trash bags, a tool box, a belt sander, a tape measure, saw blades, paint brushes, tin snips, and tool sets. Dustin Pepe indicated that he only ‘scanned three other items, later identified as cans of paint, which Marshall Asmar paid for with his credit card. Marshall Asmar gave him approximately $100.00 cash for not charging him for the above unscanned items, and left the store. 20. Dustin Pepe added that Marshall Asmar returned to Lowe's the following day and bought several items, including lumber, a roll of tape, and a couple of other items. 21.Dustin Pepe added that when he had contact with the male identified as MATTHEW, they exchanged cell phone numbers. MATTHEW’s cell phone is 203-809-1945. Dustin Pepe recalls that on December 21, 2009, he received a call on his cell phone from MATTHEW. He said he did not answer the call and the following day (December 22, 2009) he called MATTHEW back. MATTHEW further identified himself as MATTHEW LAVECCHIA. Dustin Pepe asked MATTHEW, “Did you hear | got fired?” MATTHEW became nervous and stated that a cop had called him yesterday and asked him to come down. MATTHEW replied that he was scared and told Dustin Pepe that he was a Milford Fireman and that his father was a Milford Fire Chief. 22. Dustin Pepe identified the males he assisted in getting free items at Lowe's with their physical descriptors. He described MATTHEW LAVECCHIA as a white male, 6’, weighing 170-180 Ibs., about 25 years old. That he recalls MATTHEW in Lowe's showing his military ID to get a 10% discount. That he described Marshall Asmar as a Hispanic male, in his mid-thirties, 5°9", possibly being in the construction business. (Thisis Page 6 0F a 8 page Affidavit) DATE and sronarune | "3-17-72 ONTO Veal Det, R. Nash ‘BUBSEREED Ao SHO TO REFORE ME OW fam) SURAT fA o