On January 6, 2017 Deputy Yates responded to the Walmart, Prince Frederick for the report of a theft and two subjects in the store who were possibly under the influence of narcotics. Deputy Yates made contact with the first individual later identified as Gina Gear (25) of Saint Leonard who appeared to be disoriented and slurring her speech. As Deputy Yates was speaking to Gear, the second individual identified as Joseph Fabian (32) of Saint Leonard began to speak with Gear as well.

Deputy Yates was made aware that Fabian had removed an item out of a box and placed it in his jacket, and Gear possibly had stolen some clothing items while in the changing room. A search of Fabian was conducted and the stolen item was located as well as narcotics. A search of Gear was conducted, resulting in the stolen property, narcotics, and paraphernalia.

Fabian was placed under arrest and transported to the Calvert County Detention Center and charged with CDS: Possession-Not marijuana (Alprazolam) and Theft Less Than $100. Gear was placed under arrest and transported to the Calvert County Detention Center and charged with CDS: Possession-Not Marijuana (Alprazolam), CDS: Possession of Paraphernalia, and Theft Less Than $100.