Pena Arrest

On Thursday, March 20th 2014, we were conducting surveillance in the Broadway/Winter Hill area in the City of
Somerville.While we were conducting surveillance, our attention was drawn to a Mr. Joao DaSilva who was seated on a park bench on Broadway,in front of Foss Park. After a few minutes, both individuals walked across the street and entered Broadway. Approximately 2:50pm, we observed Mr. Joao DaSilva exit Broadway and walk down to the intersection of Montgomery Ave. and Wellington St. I then observed Mr. DaSilva walk to the intersection of Wellington Ave. and Walnut St. I observed Mr. DaSilva on his cellular phone pacing back and forth. Approximately 10 minutes later, I observed the green Buick Century Massachusetts Registration #654SW7 operated by, Mr. Fernando Pena-Suero pull up to this intersection. I observed Mr. Joao DaSilva reach into his right front pocket and pull out what appeared to be U.S. Currency as he approached the vehicle. I observed Mr. DaSilva enter the vehicle. The vehicle then slowly traveled approximately two houses in distance and then stop. Mr. DaSilva then exited the vehicle and proceeded back to Broadway and the green Buick travelled down Montgomery and then onto Broadway heading East.

We conducted a stop of Mr. Joao DaSilva and I proceeded to follow the Green Buick Century. When the vehicle turned onto McGrath Hwy, I requested Marked Unit to conduct a stop of the vehicle. When Officer attempted to stop the vehicle as it turned onto Dana St., the operator immediately attempted to exit the vehicle. When we approached, Mr. Fernando Pena-Suero was halfway out of the vehicle and the vehicle was still in reverse. He appeared to be very nervous, repeatedly asked what s going and was constantly moving around. When we had Mr. Pena-Suero exit the vehicle and the vehicle began to roll back in reverse. Officer took control of Mr. Pena-Suero and I placed the vehicle in park.

I then asked Mr. Pena-Suero where was he coming from and he stated, “I was coming from Lowell and I’m on my way to Cambridge to pick up my girlfriend.” I informed him he was headed in the opposite direction. I then asked him if he had stopped to speak with anyone on his way and he stated “No.” At that time, Officer’s began to conduct a search of his person. During the search of his person, Officer observed a large bulge in his right front pocket. When he pulled out the object, he discovered a large clear plastic bag containing one large clear plastic bag containing white powder (approximately 51 grams) and four smaller clear plastic baggies containing white powder (approximately 3 grams). Based on our training and experience, we believed this white powder to be powder Cocaine. Also discovered on his person was $87 in U.S. Currency. After the discovery of the narcotics, Officer advised Mr. Pena-Suero his Miranda Rights. Post Miranda, Mr. Pena-Suero stated to Detective that he had just sold a forty dollar bag of Cocaine to Mr. DaSilva.

Based on the statements made by both parties, Mr. Pena-Suero and Mr. DaSilva were placed under arrest for conspiracy to violate the narcotics laws. Mr. Pena-Suero was also charged with trafficking Cocaine, a Class, “B” Controlled Substance.