Members of the Somerville Police Department Drug Control Unit initiated a drug investigation of Mr. Joao Batista and an operator of a 2003 gray Toyota Corolla, and their alleged role in the ongoing distribution of Cocaine. The alleged distribution occurs from Mr. Batista’s residence located at 89 Flint Street, Somerville, MA 02145 and the gray Toyota.
At the conclusion of this drug investigation, two search warrant applications were requested by me at the Somerville District Court on Tuesday, March 15, 2016. The search warrants (1610-SW-0013) and (1610-SW-0014) were granted by the court authorizing the search of the following:
#1- The residence of 89 Flint Street, Somerville, MA 02145 (search warrant docket # 1610SW0013).
#2- The person of Joao Batista (search warrant docket # 1610SW0013).
#3- A gray 2003 gray Toyota Corolla Sedan (search warrant docket # 1610SW0014)
#4- The operator of the gray Toyota Corolla sedan (search warrant docket # 1610SW0014)
On Friday, March 18, 2016, Sergeant Detective Rego, and Sergeant Detective Chaille, along with Detectives Brioso, Costa, Collette, Legros and I set up surveillance around 89 Flint Street. At approximately 4:00 P.M., Detectives observed the gray Toyota Corolla turn onto Flint Street from Cross Street and park directly in front of 89 Flint Street. I would like to note these streets are public ways in the City of Somerville. The male operator, later identified as the owner of the vehicle Mr. Juan Parra, quickly exited the gray Toyota and went inside the residence of 89 Flint Street. During an inquiry of the Massachusetts registration it was found that Mr. Parra has a suspended Massachusetts driver’s license. Within a minute, Mr. Parra exited the residence of 89 Flint Street. Based on this ongoing investigation of Mr. Batista, we believed Mr. Parra arrived to make a delivery of cocaine. As Mr. Parra gained entry into the gray Toyota, he quickly began to drive the vehicle towards Cross Street. As the gray Toyota reached the corner of Cross Street Detectives boxed the vehicle in and had Mr. Parra exit the vehicle. Mr. Parra was immediately placed in custody as we already had knowledge of his license suspension. Due to the fact we had Mr. Parra stopped only a few houses away from Mr. Batista’s residence, Detectives Brioso, Legros, Collette, and I, along with Sergeants Rego and Chaille, quickly walked to 89 Flint Street to secure the residence.
Detectives went to the residence of 89 Flint Street and knocked on the front door and announced our presence. Within a few seconds a male, later identified XXXXX, came to the front window. I asked XXXXX to open the door. XXXXX immediately opened the door and I explained to him that we had a search warrant for the home. Sergeant Rego, Sergeant Chaille, Detective Brioso, and I entered the residence and quickly did a search of the home. Towards the rear of the residence, I found a locked bathroom door and could hear somebody inside. I knocked several times and announced “Police, open the door.” Nobody came to open the door after numerous knocks. At this time, I forced the bathroom door open and found Mr. Batista inside of the bathroom standing near a cabinet. I noticed drug paraphernalia, including a crack pipe, on top of this cabinet. Mr. Batista was put down to the ground by Sergeant Chaille and handcuffed. I told Mr. Batista we had a search warrant for him and his residence. Prior to sitting Mr. Batista down in the kitchen, Detective Brioso conducted a pat frisk and located a small glassine baggie containing a white rocky, powdered substance we believed to be Cocaine. This cocaine was found in his right jean pocket in the upper smaller portioned pocket. Also on top of the bathroom cabinet was a spoon which contained a liquid substance. This liquid, milky substance was believed to be cocaine which Mr. Batista added solvent too. We believed in our training and experience that Mr. Batista was preparing this cocaine to smoke. Also located near the spoon was a lighter. While we now had the residence of 89 Flint Street and Mr. Batista secured, Sergeant Rego walked back to the corner of Flint Street and Cross Street to begin the execution of search warrant docket #1610SW0014 of Mr. Parra’s person.
During this search warrant execution marked unit East-1, Officer VanNostrand, arrived on scene as well. As Mr. Parra was standing outside his vehicle I notified him of the search warrant. Sergeant Rego asked Mr. Parra if he had anything on him. Mr. Parra replied, “Yes, it’s in my pants.” Sergeant Rego asked Mr. Parra if something was in his pockets. At this time, Mr. Parra nudged towards his groin area. Detective Costa then gave Mr. Parra a pat down for weapons and contraband and felt a bulge in Mr. Parra’s upper groin area, directly below his waist line. Detective Costa then removed a large clear glassine baggie containing numerous other glassine baggies filled with a rocky, powdered substance. In our training and experience, Detectives believed this substance to be Cocaine, a class B drug. These ten baggies of Cocaine all contained a red tied off top.
At this time I asked Mr. Parra if he spoke English. Mr. Parra stated, “Yes, I do.” I then read Mr. Parra his rights pursuant to Miranda from a card I keep in my wallet. Mr. Parra stated he understood all of the rights I had just read him. I asked Mr. Parra where he lived but he remained silent. I then explained to Mr. Parra that he had a suspended license. I asked, “Did you know your license is suspended?” Mr. Parra replied, “Yes, I know it’s suspended.” I then asked Mr. Parra where he came from. Mr. Parra then seemed to be agitated and stated, “Excuse me? I don’t understand you. I want my lawyer.” It was obvious to me that Mr. Parra understood English but suddenly pretended not to understand. Mr. Parra was transported to Somerville Police Headquarters via marked unit 200. Mr. Parra’s vehicle was towed to the Somerville Police Garage so as to have a drug detection K-9 search the vehicle. Marked unit East-1 followed this vehicle to the station and secured it inside of the garage.
As I re-entered the residence of 89 Flint Street I found XXXXX sitting in the living room area with Detective Collette. I read XXXXX his rights pursuant to Miranda from a card I keep in my wallet. XXXXX stated he understood his rights. I explained and showed XXXXX a copy of the search warrant. As I did this, Sergeant Rego read Mr. Batista his rights in Portuguese. Sergeant Rego read these rights from the same card I had in my wallet. Mr. Batista stated he understood. Mr. Batista stated that he smokes cocaine often. Sergeant Rego asked Mr. Batista where he had bought the cocaine from. Mr. Batista replied that he had just bought it from a Columbian male who had just left the house. Mr. Batista stated he paid one hundred dollars for the baggie of Cocaine.
At this time, I asked XXXXX if he used Cocaine. XXXXX stated he did in fact use Cocaine from time to time. I asked XXXXX if there was any Cocaine in the house. XXXXXX quickly answered and stated he had just explained to Detective Collette that there was Cocaine on the bedroom dresser and some inside of his bag which was located on the living room table. Detective Collette stated that XXXXX stated, “I just want to let you know there is a line of Coke on the dresser in that room,” while pointing to the bedroom. XXXXX went on saying, “There’s also some Coke in my bag on the table.” As Detective Brioso went to secure the line of Cocaine, I went to XXXXX’s bag and found a jar containing a glassine baggie. This glassine baggie contained a white, hard, powdered substance we believed to be Cocaine. On the dresser, Detective Brioso observed white, powdered substance, which appeared to be moved into a straight line. We believed this substance to be Cocaine as well. I asked XXXXX whose cocaine was inside of the bedroom. XXXXX stated, “It’s mine.” I then asked XXXXX whose cocaine was inside of his bag. XXXXX said, “That’s mine too, I just got it.” I asked XXXXX where he got the cocaine. XXXXX replied, “Joao bought it for me.” XXXXX stated that Joao and he sometimes share cocaine.
Mr. Parra and Mr. Batista were transported to Somerville Police Headquarters via marked unit 200, Officer Pavao, where they were booked in the usual manner by Lieutenant Mulcahy. Mr. Batista’s and Parra’s monies and cell phones were seized and will be processed during forfeiture proceedings. All items were placed into evidence by Detective Legros. Mr. Parra received Massachusetts Uniform Citation #R5381673 for his offenses. I explained to XXXXX that I would be filing a criminal complaint for his offenses. XXXXX stated he understood.
At approximately 9:00 P.M., Officer Harry McGilveray and K-9 Marco from the Medford Police Department arrived to the Somerville Police Garage. K-9 Marco is a drug certified K-9 officer. During a preliminary K-9 scent of the gray Toyota Corolla, K-9 Marco alerted to an area of the vehicle. K-9 Marco alerted to a gray Oakley jacket which was on the passenger side backseat. Officer McGilveray removed this gray jacket and placed it on top of the vehicle. I took this gray jacket and inspected it. In the right side breast pocket, I found aluminum foil which appeared to have something inside. As I unwrapped the aluminum foil I found a clear glassine baggie containing pressed, white powdered substance. I believed, through my training and experience, this substance to be cocaine. The approximate total weight of cocaine located on Mr. Parra’s person and vehicle is 55.5 grams. The 2003 Toyota Corolla will also be processed during forfeiture proceedings.
Detective Fernando Cicerone #279