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WILKES-BARRE, Pa. (AP) – A Pennsylvania judge says a former police chief was not smart enough to pull off computer fraud.

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Gary Shupp faced a felony access device charge alleging he used a woman’s credit card to buy Apple watches without her permission. The Citizens’ Voice reports Magisterial District Judge Martin Kane dismissed the case at court in Wilkes-Barre Friday, agreeing with all sides that Shupp did not have the technological know-how to commit computer fraud.

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Victim Tracy Kleban testified that on Jan. 15 someone used her credit card online to buy the watches, and surveillance video later showed Shupp picking up the watches at a local Walmart.

Shupp says a woman he met online who was purportedly from Ghana asked him to pick up the watches. He has never met this person.

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