On 10/09/15 I, Officer Christopher Collette was assigned to Somerville marked unit West Seven. At approximately 23:51 hours, I was in the area of the Powderhouse rotary when I thought I heard a female scream coming from the direction of Powderhouse Park. Powderhouse Park is a public park maintained by the City of Somerville. As I entered the park to investigate, I observed two males seated on a bench, they were later identified as XXXXX (XX/XX/XXXX MA OLN XXXXXXXXX), and Joel DIAZ (XX/XX/XXXX MA OLN XXXXXXXXX). As I approached the two men, I observed Mr. DIAZ put his hands in his sweatshirt pocket in a hurried manner. I immediately ordered both parties to keep their hands in sight. Once I was closer to both men I observed an open 100ml bottle of liquor on the bench between them. I openly asked who the bottle belonged to, and Mr. DIAZ stated that it was his. I explained to both men Somerville Code of Ordinances, Chapter 9, Article I, Section 9-1 which states partly; “No person shall give, sell, deliver, have in his or her possession either in an open or unopened container, or consume any alcoholic beverage in a public park, playground, rest area, school grounds, recreational area, swimming pool or skating rink located within the city…”. When Officer Rivera arrived on scene to assist, I performed a search incident to arrest (272/59 violation of local ordinance 9-1) on Mr. DIAZ and found no weapons. Mr. DIAZ was then placed in handcuffs and transported via Unit 200, to Somerville Police headquarters for booking. The bottle of Courvoisier, 100ml was placed into evidence.
Patrolman, Christopher Collette B#302