Kyle Trask

A Carroll County Superior Court Grand Jury indicted Kyle Trask on wilfull concealment for allegedly stealing clothes from outlets in Settlers Green. (CONWAY POLICE PHOTO)

OSSIPEE — A Massachusetts man has been indicted on a count of Class B felony theft for allegedly stealing from seven Settlers Green stores within 72 hours.

A Carroll County grand jury indicted Kyle Trask, 18, of Beverly, Mass., on Aug. 16 for offenses that allegedly occurred on July 29.

The indictment said that "the defendant, Kyle Trask ... removed goods or merchandise from the premises of a merchant; and the property was stolen from three separate business establishments within a 72-hour period."

The threshold of property stolen from three locations within 72 hours makes a theft case rise to the Class B felony level, according to law.justia.com.

The retailers that Trask allegedly stole, however, were as many as seven. Identified in the indictment signed by Assistant Carroll County Attorney Matthew Conley were Timberland, Nike, Old Navy, Champion/Hanes, Gap, Van Heusen and American Eagle.

A Class B felony is punishable by up to 3 1/2 to 7 years in prison.

On Aug. 6, Trask entered a not guilty plea and waived his arraignment. Attorney Dennis Morgan of Cooper Cargill Chant Attorneys at Law in North Conway represents him.

The events leading to Trask's arrest were outlined in a probable cause affidavit written by Conway Police Sgt. Domenic Torch.

Torch said he was dispatched to Settlers Green at about 7:15 p.m. on July 29 for an anonymous call from someone "with an association to Timberland outlet" that some shoplifters were parked near by in a Hyundai with Massachusetts plates.

At the car, Torch encountered a juvenile whom he questioned. The juvenile replied, "I did not steal anything," and Torch said the juvenile put emphasis on "I."

Torch said under the rear armrest he saw several pieces of neatly folded clothing, which appeared to have been stolen as they still had the plastic tag holder attached but no tag. Torch went into Timberland, and staff confirmed the items were stolen.

He observed Trask on security footage. Trask, who was the driver of the car,  gave Torch permission to search the vehicle.

"I opened the truck and located copious amounts of stolen clothing items," wrote Torch, who listed the same stores as the indictment but also included Olympia Sports, which is in North Conway Village and not Settlers Green.

All the parties in the vehicle were arrested.

Trask told Torch they were staying in Ossipee and had decided to go to the outlets after staying at Ossipee Lake.

"He said no one else would take stuff other than him because he had prior experience with stealing," wrote Torch. "He admitted to stealing from a mall where he lives prior to this incident.

"I asked him which stores that he stole from in Settlers Green. He said, 'Quite a lot.'"

Torch wrote that Trask shared his techniques and that one involved "decoy clothes."

"He described (decoy clothes) as using a large amount of clothes while he entered a dressing room, concealing a few items within the dressing room, then putting the decoy clothes back, to make it look like he didn't select anything. He talked about putting on merchandise under the clothes that he was wearing. He explained that most of the thefts took place within the dressing room."

At the end of the interview, Torch gave Trask some advice.

"We discussed the felony-level charge and what potential penalties for the offenses that he committed," said Torch. "At the end of the interview, I explain that he cannot have contact with stores within Settlers Green. I also explain that he should probably contact an attorney."

Carroll County Superior Court Judge Amy Ignatius found probable cause on Aug. 13.

According to court documents Trask's next court date is Sept. 25. The target date for a speedy trial is May 12, 2020.

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