On June 27, 2016, I, Officer Tim Van Nostrand, was on duty and assigned to uniform patrol in marked cruiser East 1. At approximately 9:10pm, I was on Grand Union Blvd, and was approached by XXXXX, an employee of Nike. XXXXX stated a male, who previously shoplifted, was inside the store had just concealed a pair of sneakers in his duffel bag. This male was in possession of numerous empty shopping bags. I made my way toward the front entrance, and observed a male exit, and begin to run toward the AMC movie theater. I recognized this male as someone previously arrested for theft in the Assembly Row area, identified as Robert Perez. Perez entered the movie theater, and ran up the stairs. I continued to give verbal commands “Police, Stop”, however he ignored and ran past the ticket takers of the movie theater without purchasing a ticket, and ran into the men’s restroom.

 

        I located Perez hiding in the second stall. I ordered him to come out with his hands up, to which he replied “No, I’m taking a shit”. After several attempts to order Perez out, I forced the door open. Perez was seated on the toilet, holding a syringe, and a metal spoon. Perez continued to ignore my commands, and even utilized his cell phone to call his mother and ask for help. During this time, I observed the handle to a large steak knife laying on top of his duffel bag, which was sitting next to his feet. I attempted to drag the bag away, but Perez ripped the bag away from me. I drew my department issued firearm and ordered him to put his hands up. He dropped the bag, but continued to ignore my commands.

 

        I drew my department issued OC spray, and issued a one second burst to his face. The spray had little effect, and he continued to ignore my commands. I then attempted to pull the bag containing the knife away once more. Perez stopped this, and while doing so, he swung a closed fist toward my face. I was able to dodge the strike to my face, however he struck my arm which held his duffel bag causing me to release it.

 

        At this time Officer Jean-Jacques arrived on scene, and assisted me with removing Perez from the stall. During this, Perez actively resisted our attempts to handcuff him. We struggled as we took Perez to the ground, and was finally able to place him in handcuffs. The steak knife, syringe, and a bottle of white pills I recognized as Gabepentin (a class E narcotic) were retrieved from the stall. 

 

        Numerous articles of clothing with Marshall’s tags were located, and one wireless speaker from TJMAXX was located. No sneakers were located on his person, but Nike did not locate the shoes. Perez may have discarded the sneakers while fleeing. In the past Perez has been arrested by the Somerville Police for stealing wireless speakers, sneakers, and other clothing items.

 

        Sgt. Capasso arrived on scene and discovered numerous arrest warrants for Perez. Once handcuffed, Perez complained of numerous medical issues, and demanded an ambulance. He was transported by Cataldo to Somerville Hospital. Officer Jean-Jacques accompanied him to the hospital.

 

        I was also transported to Cambridge Hospital for injuries sustained to my hand during the struggle.

 

        Perez is being charged with Assault and Battery on a Police Officer, Resisting Arrest, Violation of a City Ordinance – Dangerous Weapon, and Possession of a Class E drug (Gabepentin). Once released from the hospital, Perez was booked by Lt. Chris Ward.

 

Respectfully Submitted,

 

Officer Tim Van Nostrand

#293

Somerville Police Dept