Report entered by SPD Records Personnel based upon SHA Report (MD).

The following is a brief summary of facts pertaining to incident #15022068.

On 05/14/15 at 0715 hours while on routine patrol of the Mystic River development,Investigators Browne and D’Amelio observed an illegally parked (in front of a handicap ramp) un attended running motor vehicle. This vehicle was parked in front of 5 Canal Lane. Investigators had observed this vehicle running without any occupants for over 5 minutes. Investigators stopped several feet away to run the vehicle bearing the Ma. reg of 1XE 821.

While waiting for the information on this vehicle from dispatch, we observed 2 black males quickly enter the vehicle. Investigators observed the black male who entered the drivers seat of the vehicle to be wearing a dark colored baseball cap and a white colored shirt. The vehicle operated by the black male with the baseball cap exited the illegal parking space and drove up Canal Lane towards River Road.

Investigators were advised by dispatch that this was a leased vehicle and was not stolen. Investigators resumed our directed patrol of the Mystic River development.

Moments later we observed this same vehicle again illegally parked this time in front of the dumpster in front of 25 Canal Lane with the vehicle running. The vehicle was now only occupied by 1 black male seated in the passengers seat, the same male seated in the passengers seat whom we observed enter the passenger side of the vehicle moments earlier. Investigators continued our patrol for several more minutes when we returned to the Canal Lane area we observed the same vehicle (Dark Blue colored Dodge Charger) still running and illegally parked in front of the dumpster occupied by the 1 male seated in the passengers seat. Investigators decided to speak to the occupant about the illegally parked vehicle.

The occupant immediately stated to me, Investigator Browne, that “his boy was just talkie to his girl right quick”. At this time the male whom we observed operate this vehicle several minutes earlier wearing the white colored shirt and the dark colored baseball cap, exited 25 Canal Lane and run to the vehicle entering the drivers side. My partner, Investigator D’Amelio was immediately asked by this individual “what’s the problem, I just talked to my girl right quick” in an angry confrontational tone of voice.

Investigator D’Amelio asked the male who again was seated in the front drivers seat of the illegally parked running vehicle, if had a drivers license. The male stated “what did I do, whats the problem” again in a loud angry tone of voice. Investigator D’Amelio advised him that he was parked illegally. The male now produced a Ma. drivers license bearing the S# of S65258757. When asked to see the rental agreement the operator stopped talking and made no attempt to get it from the glove box. When asked for a second time moments later the driver, who was now known to us as Kirshby Osias began to sweat profusely and stated that it was his girlfriend. At this time Somerville Police dispatch advised us over our police radio that Mr. Osias had a suspended license.

Mr. Osias was asked to exit the vehicle and come to the rear of the car. Mr. Osias continued to place his hands in and out of his pants pockets. I asked him to stop doing this for my safety then advised him to keep his hands on the trunk of the vehicle. I immediately observed the top of a knife that was clipped into the front right pocket of Mr. Osias’s pants. I advised him to place his hands behind his back because he was under arrest for operating a vehicle with a suspended license.

After securing his hands into handcuffs I made a pat frisk of his pants to check for weapons to which I found the Knife I observed in his front right pocket. This knife is a dark colored folding knife with a blade length longer that 2 and 1 half inches which is a violation of the City of Somerville ordinance. A check of his left front pocket I observed a large roll of American U.S. currency (which was left in his pocket at all times until at booking where the inventory of his belongings showed that he had $724.00 in his possession).

The male seated in the passengers seat know to us as was asked to produce the rental agreement but continued to ask what he did wrong. He was advised that the driver, Mr. Osias was being arrested for driving with a suspended license. Mr. Arty asked if he could drive the vehicle and he was again advised that we needed to see the rental agreement to verify if he was authorized to operate the rented vehicle. Mr. Arty exited the vehicle without producing the rental agreement and immediately started dialing a number on his cell phone.

At this point we determined that the vehicle was a hazard where it was and that it was going to be towed per the illegally parked location that it was in and blocking half of the narrow roadway. I, Investigator Browne opened the now abandoned unoccupied motorvehicle to put the windows up and shut the vehicle off while waiting for the tow truck to arrive.

A check of the rental agreement showed that ONLY the renter was authorized on the rental agreement. The vehicle was towed by Pat’s Towing to their yard. Mr. Kirshby Osias was then transported to the Somerville Police station where he was booked in the usual manner.

He is being charged with the following:
1-c90 s12 Improper operation of a motor vehicle/ use without authority.
2-c90 s23 Operating after suspension
3-SCO 9 96 Violation of City Ordinance possession of a Dangerous Weapon.

Mr. Osias was issued a Ma. Uniform citation #M6564080 Operating After and Use without Authority.

He has been trespassed from all SHA owned properties.

Respectfully submitted

Sean Browne-Investigator
Somerville Housing Police
Badge #919

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