53-year-old Thomas Lee Hawkins of San Jose was arrested on Feb 21 for second degree burglary under PC211-212.5(c), in which he had taken the personal property, clothing and cosmetics from Wal-Mart by force and or fear. Hawkins is also being charged with PC 22810(g), in which he had unlawfully used tear gas, commonly referred to as pepper spray or tear gas weapon.
On Thursday, Feb 21st, Asset Protection Associates (APA) for Wal-Mart, located at 777 Story Road in San Jose, who were conducting regular floor surveillance noticed a woman loading several items into her cart, during which time Hawkins, along with the other suspect, roamed around the store gathering items and then left the store without paying for them.
One security officer working in the parking lot of Wal-Mart said, “My job is to help make sure nothing bad goes wrong.” When the suspects left the main entrance they were approached by APA officers. According to the police report given to SJPD at the time of the incident “the suspect had suddenly pull(ed) up a pepper spray (can) and sprayed APA in the eyes, and then try to split up, and so I pick up the merchandise and walk back inside the store.” Merchandise was recovered from the scene totaling $514.65. The items recovered included lip stick, nail lacquer, blush with foundation and undergarments for women. The approximate number of items taken was estimated to be 76.
The SJPD arrived a short time later and was able to identify the suspect in the area. Officers stopped a male matching the description walking on Remillard Ct. The suspect was positively identified by staff and was arrested. A can of pepper spray was located on the suspect. Hawkins also has a prior conviction of residential burglary under 459-460(a), in which violence was used during the time of the felony occurred. The suspect was did not want to talk to investigators and was booked into the county main jail under PC211.
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