Nick Memmo, 35, was charged with theft for holding 86-inch television
A man who wrongly received a larger television, along with one he had ordered, spoke out to defend his decision to keep him after he was accused of theft.
Nick Memmo, 35, from East Freetown, Massachusetts, was arrested last month and charged with felony in the unusual case that public opinion and perplexed legal scholars have shared.
& # 39; It was like winning a scratchers ticket & # 39 ;, Memmo, who runs a construction management company, told the Boston Globe on Tuesday. & # 39; I thought it was my turn to do something in life successfully. & # 39;
& # 39; It's not like I ran out of Walmart, & # 39; he continued. & # 39; I didn't look for this. & # 39;
The police surrounded his house last month and executed a search warrant to repair the 86-inch 4K HDR Smart LED TV on his wall.
The 86-inch flat screen smart TV that was accidentally delivered to Memmo was confiscated by the police and apparently needed a pick-up trick to deliver it to their station
Memmo had ordered a 75-inch flat screen with a value of approximately $ 1,200 from Amazon, but due to a paperwork error, it was delivered together with the larger television of $ 2,700.
He has been vague about whether he signed for the erroneous episode and claims that he cannot remember whether he was home when it arrived.
& # 39; Even if he dropped 10 TVs at my door, I would not have noticed, & # 39; said Memmo, explaining that he was constantly receiving large deliveries to his home.
After Memmo discovered the error, he said he went online to investigate whether he was within his legal rights to hold the larger television.
He found a website of the Federal Trade Commission with the text: & # 39; If you receive items that you have not ordered, you have the legal right to keep it as a free gift. & # 39;
Although the website says so, it specifically refers to scams where unfair companies send unsolicited products and then demand payment.
& # 39; I hung up the TV without fear, & # 39; he said, & # 39; because I didn't think I had done anything wrong. & # 39;
& # 39; I don't even watch TV, & # 39; said Memmo. & # 39; That's the worst part of it. & # 39;
Memmo says he had known that he would be arrested, that he had paid the difference for the extra birth or had simply returned it to the shipping company
Legal analysts have expressed different opinions on the matter, with some claiming that theft should take something and others say that not returning TV is a clear violation of the law.
Police say that Memmo dug a hole with his evasions when they visited him to investigate after the delivery company had filed a complaint.
A police report says that Memmo claimed to know nothing about the TV and said that one of his employees, often at his home, had signed for it. The officers said they could clearly see a large television in his house.
& # 39; Memmo clearly lies, refuses to answer his phone and is likely to lie about receiving a summons and will not appear in court & # 39 ;, read a request for an arrest warrant.
Memmo was shocked when the police arrived early in the morning to raid his house.
& # 39; They surrounded the house and knocked on the door with flashing lights coming through all the windows & # 39 ;, Memmo told Boston 25 News about his arrest. & # 39; They said I had to come out to fascinate. & # 39;
It was a television so large that the Freetown police claimed that they needed a pick-up truck to deliver it to their station.
Memmo & # 39; s Amazon order was only for one 74-inch flat screen, shown here. When the second 86-inch TV arrived, Memmo admitted he had saved it, and when he looked up relevant laws and contacted Amazon, he believed he was in his right to keep it
The external shipping company that delivered the television claims that Memmo presented itself incorrectly and signed for the TV when it arrived, an indictment of the 35-year-old man from Massachusetts.
Memmo freely acknowledges that the 86-inch flat screen was wrongly sent to his home and that the police tried to interrogate it a few days prior to his arrest.
& # 39; I said: & # 39; Do I have to hire a lawyer? & # 39; and they said I wasn't being investigated at the time, & Memmo told the news station. & # 39; They only asked questions. I answered many questions with & # 39; I don't know & # 39; so I didn't put myself in danger. & # 39;
The police had a slightly different version of events, according to a press release.
After being told by a delivery service that she had accidentally delivered one of the television sets and made several unsuccessful attempts to fix it, the police paid a visit to Memmo, who claimed they refused to cooperate.
& # 39; Amazon said I didn't have to worry about anything, & # 39; said Memmo in his defense. & # 39; I have not made any wrong decisions at that time. & # 39;
The external shipping company claims that he signed for the delivery and that he misrepresented himself as someone he was not, and that Memmo settled all disputes.
Memmo was sued in the Fall River District Court and charged with force majeure of more than $ 1,200 for false pretenses and misleading a police officer.
The 35-year-old little businessman is now faced with possible imprisonment. He says that if he believed he would have been arrested, he would have just paid for the second TV or returned it.