On the above date and time I, Officer Mark Pulli badge #311, while assigned
to patrol Area East-1 and in full uniform, was dispatched to Gilman St. for a report of an individual breaking into motor vehicles. The report indicated that a witness was observing a male wearing a black shirt breaking into a sedan behind a red truck under the McGrath Hwy bridge. Dispatch relayed additional information that the subject had just broke into the red pick-up truck as well.
Patrol Units East-2 Officer Guillen, East-3 Officer Goncalves, and East-4 Officer Kim also responded to the location. Officer Guillen was the first Officer to arrive on scene, please see supplemental report.
As I arrived on scene, responding units had a male subject stopped on the left side of the street between the red pickup truck MA reg# 174SV7 a red Ford pick-up truck, and a grey four door Infinity MA reg#1MM193. The subject was later identified as Mark Baxter who I recognized and know to live at Gilman St. Officer Guillen then informed me of his initial observations.
Baxter was wearing a black T-shirt and jeans, which matched the description provided by the witness. Baxter appeared extremely nervous. He was visibly breathing heavy and was sweating a lot. Baxter was looking around in an anxious manner and constantly changed his standing posture. I could see a white cell phone sticking out of his back right pocket along with multiple power cords.
I could see that the Infinity’s passenger side window had been broken with shards of glass both on the sidewalk and inside the vehicle. I observed an old dishwasher rack on the ground just to the side of the car. The door frame was gauged in as well. The glove box and center console were open and appeared to have been rummaged through. There were several documents scattered on the passenger seat. I then observed that the rear cab window of the Ford pickup truck was pushed open.
Dispatch relayed further information that the witness saw the suspect smash the passenger window of the sedan with some type of object and reach into the vehicle. I contacted dispatch to see if the witness would be willing to participate in a show-up identification, but she said she was too afraid to come out of her house while he was still there. Based on this information, observations made by myself and Officer Guillen, and statements made by Baxter, I decided to place Baxter under arrest. When I told Baxter to turn around and place his hands behind his back he turned towards myself and the other responding Officers and began swinging his arms at us and then started to run away. We were able to grab hold of Baxter and control him to the ground where I was able to handcuff him.
Upon searching Baxter incident to arrest, I found a pair of freshly used latex gloves and a screw driver in his left pant pocket. As I took the items out pieces of glass fell out of his pocket. I removed the white cell phone, charging cables, and cosmetic make-up in a black bag from his back right pocket. He also had a phone window mount stuffed in his pants. Several quarters and a crinkled up $5 bill were removed from his from pocket along with a change purse. The phone which was powered on was password protected, but had a screen saver that read “Uber Driver”. All items were photographed and collected as evidence. Additional photographs of the vehicles and scene were also taken.
The witness, stated that after breaking into the grey car, the male suspect briefly ran into the yard just in front of the two cars when a passing car drove by. She said he then returned to the vehicles where he then got into the bed of the pickup truck and pushed open the back window and entered the truck cab. She said it was at this point that she could see police cruisers arriving.
Baxter was arrested and charged with violating M.G.L’s; c266 s16D B&E Vehicle in the Nighttime for a felony, c266 s60A Receiving Stolen Property over $250, c266 s28D Malicious Damage to a M/V, and c268 s 32B Resisting Arrest.