Should I file a report with the police?

I made a purchase on eBay for a $420.99 phone and the seller later told me that it was stolen property because the original owner had reported it stolen to get a new one. And I am not dine with having a stolen phone so I filed a claim against the purchase and eBay isn't going to do a damn thing about it. They said I will not be getting a refund even though the seller falsely advertised a product because he also said it would come with original box and accessories and he sent me non authentic earphones and an AT&T box when it is a Verizon phone. I don't wanna be charged with reciving stolen property and the seller hasnt replied to me about returning the phone, the first time I asked him he said no and I want to return it. Should I go to the sheriff's office with this?