On the above time and day I was dispatched to Everett Ave. for a past assault. Upon arrival at that location, I was met by Ofc. Goncalves (E2) and the victim in this case. Due to the fact that the victim spoke very broken
English and his primary language was Spanish, Ofc. Goncalves provided assistance with translating. The victim had gone to the police station to file a report in which he alleged that he was assaulted by an individual who resides at Everett Ave. In this report he stated that he was threatened by a Hispanic male whom he identified as a Mr. Mario Hernandez. He further stated that during the altercation Mr. Hernandez took a pocket knife out of his pocket and placed it against his belly and threatened to stab him. This incident took place at approximately 11:30 P.M. on 9/27/14. Mr. Morales then proceed to the police station to file a report.
Once the victim and Ofc. Goncalves arrived on Everett Ave. I conducted a brief interview of him in order to obtain some additional information. During this interview, he stated that he was driving his car on Cross St. when a vehicle which was travelling in front of him slammed on the brakes almost causing an accident. He then followed this vehicle as it made a right onto Everett Ave. and entered the driveway. As the individual was backing into the driveway, the victim exited his vehicle. According to him he then asked the operator of that vehicle why he had slammed on his brakes. The individual who the victim identified as “Mario” walked towards him and pulled out a pocket knife. “Mario” then placed the knife against his belly pinning him up against his vehicle and said that he would stab him. “Mario” then proceeded into the residence at Everett Ave. and the victim went to Police Station to file a report of the incident. The victim identified the vehicle (Ma. Reg 1JW365) which was parked in the driveway at Everett Ave. as being the vehicle which was involved in the incident and operated by “Mario”.
I then knocked on the door at Everett Ave. and it was answered by and elderly gentleman who resided on the 1st floor. I asked this individual if he knew who the vehicle in the driveway belonged to. He stated that he thought it might belong to Mario who resides on the third floor. Myself and Ofc. Goncalves then proceeded to the third floor. I then knocked on the door which was answered by a Hispanic Male. I asked this individual if his name was Mario and he responded yes. This individual was later Identified as Jose M. Pineda the defendant in this case. Upon pat frisking Mr. Pineda for weapons, he was allowed to put some shoes on and we all proceeded down stairs. Once outside, I asked Mr. Pineda if the vehicle in the driveway belonged to him and he stated that it was a friends but that he had been using it. When he was asked about the earlier altercation, he stated that he had no recollection of it and had no idea why we were there. Ofc. Goncalves then proceeded back to the victim who was standing on the sidewalk by the driveway. Ofc. Goncalves asked the victim if he recognized Mr. Pineda. The victim at that time positively identified Mr. Pineda was the individual who had assaulted him with the knife earlier.