On June 22, 2016, I, Officer Tim Van Nostrand, was on duty and assigned to uniform patrol in marked cruiser East 1. At approximately 6:32pm, I was dispatched to the Assembly Row area for a shoplifter who fled Sports Authority toward the MBTA station. The description given was a Hispanic male wearing a hat, and dark gray shirt and shorts. Loss prevention reported the male concealed a pair of red sneakers in his messenger bag, and fled the store.
I proceeded to the area of the MBTA station and made my way down Foley St toward Sports Authority. I observed a Hispanic male walking down the sidewalk that matched the description. I immediately recognized this individual as Oscar Hernandez-Rivera, a suspect from numerous shoplifting incidents in the Assembly Row area. In one such previous incident, I apprehended, and assisted in the arrest of Rivera on August 10, 2015.
Upon turning my cruiser around in order to stop Rivera, I observed Sports Authority Loss Prevention XXXXX appear, and point to the individual referenced above. Upon seeing this, Rivera took off running into the Callahan Construction site located just prior to the MBTA entrance.
With the assistance of loss prevention, a perimeter was set up, and I began to search the construction site. Officer’s Monaco, Schneider, and LT. DeOliveira responded to assist. While searching, I located a tarp that appeared to be covering a mass the size of a human body. Knowing in past dealings, Rivera was been in possession of numerous hypodermic needles, I utilized my department issued baton to move the tarp. Upon doing so, I located Rivera hiding, and I proceeded to give verbal commands to show his hands and lay flat on the ground. Rivera stood up, faced me with his hands up, and continued to ignore my commands. Rivera then lowered his hands, while clenching them, making a fist. Fearing a physical assault, I struck Rivera with my baton, once in the thigh, and once in the forearm. Rivera took off running though the construction site. Numerous verbal commands were given ordering Rivera to stop, to which he continued his attempt to escape.
Loss prevention tightened the perimeter, and cornered Rivera against a wall. Loss prevention dispersed a shot of pepper spray, incapacitating Rivera, where I was finally able to handcuff him.
Officer Hartsgrove responded in unit 200 and transported him to the station where he was booked my Lt. Mulcahy. XXXXX observed Rivera discard the stolen sneakers under a parked car in the route of his evasion. These sneakers were recovered, and a receipt was generated. The value of the sneakers were $130.00.
Rivera is charged with Shoplifting by concealing (3rd offense) (266/30A), and Resisting arrest (268/32B).
Officer Tim Van Nostrand
Somerville Police Dept