On 06/26/2016, I Officer Christopher Collette was assigned to Somerville marked unit East One. At approximately 23:30 hours I was dispatched to XX Washington St. for a breaking and entering in progress. Officers Isaacs, Kim, and Johnson responded as well. Once on scene the reporting party, XXXXX made himself known and pointed out two suspects involved in the break. They were identified as YYYYY and Raul Martinez. Officer Isaacs began to speak with YYYYY while I spoke with Raul Martinez. It was during this time that Raul informed me that he had broken into the business to find a place to smoke marijuana with YYYYY. Raul stated that a family member is employed at XX Washington St. and by utilizing a work key he was able to gain access to the building. I then spoke to XXXXX. He confirmed that he is an employee at XX Washington St. He stated that he observed lights on within the building and was concerned. After he observed people on the premises he called the police.
I then entered the building with XXXXX to make sure everything was in order. Inside I detected an odor of Marijuana. As there were other fumes present I cannot decidedly state whether or not the odor was of fresh or burnt marijuana. XXXXX commented on the odor, as he could detect it as well. As it appeared that everything was in order I returned outside to speak with Raul Martinez. At this time Officer Isaacs informed me that during a search of YYYYY’s gray backpack he had located an air gun that was semi-realistic replica of a firearm. I seized the air gun and began to speak with Raul Martinez. At this time Officer Isaacs was searching Raul Martinez’s black backpack. As I was speaking with Raul Martinez Officer Isaacs discovered marijuana in Raul Martinez’s backpack. Inside the backpack I observed a large glassine baggie that contained numerous smaller baggies of a green leafy substance. Based on my training and experience I believed this substance to be marijuana. I am also aware that the manner in which the Marijuana was packaged is consistent with street level drug distribution.
While holding YYYYY’s gray backpack I asked Raul Martinez if the gray backpack I was holding belonged to him. Raul Martinez stated that the gray backpack was not his, and stated that the other (black) backpack was his. I’d like to note that earlier, YYYYY had stated that the gray backpack was his and it contained his work clothes. I then placed Raul Martinez under arrest for possession of a Class D substance with intent to distribute 94C/34C/C. The searches of both backpacks provided nothing to suggest that a larceny took place at XX Washington St. In addition to possession with intent to distribute, Raul Martinez will be charged with breaking and entering to commit a misdemeanor 266/16A. I will be applying for a criminal complaint against YYYYY for breaking and entering to commit a misdemeanor 266/16A as well.
Patrolman Christopher Collette, B#302