On January 1, 2015, I, Officer Michael Capasso was on duty for the Somerville Police in marked cruiser 874. At approximately 10:40 PM, Officer DeOliveira and I were dispatched to
Cross Street, for a report of unknown trouble. Somerville Dispatch advised Officer’s that Essex Regional (Emergency 911 Center) received a call from a Spanish speaking male stating that they needed the Police. While en route to the call, Officer Cicerone informed Somerville Dispatch that he too would respond to the aforementioned address. Upon arrival, I entered the unlocked front door to Cross Street, followed by Officer DeOliveira and Officer Cicerone, and made our way to the third floor apartment.
As I reached the top of the stairs, I observed the (3rd floor) apartment door open and a male sitting on the couch. This male was repeatedly pointing at a bedroom door. As I approached the door, I announced myself, knocked, and received no answer. I heard the doorknob lock, followed by hurried movement from within the room. As the movement continued, I advised Officer Cicerone that I was going to force the door due to the unknown circumstances and safety of the room’s occupants. As I said this, the door partially opened and a female stood behind the door. She had a brief conversation in Spanish with Officer DeOliveira and allowed us to enter her bedroom. As I entered the room, I observed a toddler sitting on the bed crying, along with Mr. Jose Andrade. Mr. Andrade was leaning against the mattress by the head of the bed, directly next to a walk-in closet. The closet door was wide open and fully illuminated.
As I approached Mr. Andrade, I felt an uncomfortably cold breeze blow through the bedroom, and observed a blanket pinned to the wall moving in sequence with the wind. Due to the temperature at the given time, I found it odd for a window to be left open, especially with a sick toddler present in the room. I conducted a pat frisk of Mr. Andrade’s person and instructed Officer Cicerone to remain with him while I conducted a protective sweep of the walk-in closet. Upon clearing the closet, I looked out the open (closet) window and saw an narrow side yard and a partial view of the backyard. I stated to Officer Cicerone that I believed Mr. Andrade may have thrown something out of the window as we entered the apartment and announced Police, which caused the initial delay of opening the door, the hurried movements inside the room, and open closet window despite the frigid temperature.
During our ongoing investigation of the unknown trouble call, Officer DeOliveira learned that the reporting party dialed 911 as he was under the impression that Mr. Andrade was wanted by Police. As Officer DeOliveira cleared the call, I exited the house and walked to the side yard (which I observed from the closet window). Based on my previous suspicions, I entered the yard via an open gate. I took notice that the closet window, which I originally observed open, was now closed, as were the rest of the windows at Cross Street. I walked to the rear of the house, positioned myself just below the closet window, and with a flashlight, scanned the ground. Within seconds of scanning, I located a small silver firearm on the ground. The firearm’s landing point was consistent with it having been recently thrown from the open window, as it was in the immediate area, resting on top of fallen leaves, with no apparent weather damage. Being that the gun was in plain view, it is not likely that the gun would have been there long without being reported or removed.
At this point, I yelled to the Officer’s in front of the house that I located a “gun,” at which point Officer DeOliveira requested additional units to respond as backup. Detective Thermidor responded to my location and photographed the scene. Wearing blue latex gloves, I retrieved the firearm from the ground, removed a loaded magazine (later discovered by Officer Cicerone to hold five .380 caliber Win rounds), secured the slide of the firearm, and placed them into a firearm evidence box. At my request, Officer DeOliveira queried Mr. Andrade’s information utilizing the Criminal Justice Information System on my cruiser’s laptop and discovered that he had no FID/LTC in Massachusetts.
Based on these findings, Mr. Andrade was placed under arrest and charged with unlawful possession of a firearm, and unlawful possession of a loaded firearm.