Real Life Somerville Police Stories:Christopher LOPES (OUI Drugs, Resisting Arrest, Possess Class B,C,D) & Sara FOGERTY (Disorderly, Intimidate Witness, Possess Class B, C)


I, Officer Michael Carroll of the Somerville Police Department, report the following summary of facts:

 

On Thursday, August 25, 2016, I worked my assigned 4pm to 12pm shift in marked cruiser East 2. Officer Timothy Van Nostrand was my partner for this shift.

 

At approximately 4:02pm, Officer Van Nostrand and I responded to a call at 27 Ibbetson Street for some unknown trouble. Upon arrival, I observed a car crashed into a house and Officer Gee attempting to control an individual on the ground with several fire department personnel assisting him not far from the vehicle. Myself and Officer Van Nostrand rushed out of our cruiser to assist Officer Gee to maintain control and handcuff the suspect, later identified as Christopher Lopes. Officer Gee stated that as he tried to assist the driver from the vehicle, the male stated “I’m going to fuck you up.” Mr. Lopes then swung a closed fist at Officer Gee but failed to make contact. [See Officer Gee’s supplemental report]. Officer Messaoudi arrived on scene at that moment to help us with Mr. Lopes as he continued to squirm around. Once Mr. Lopes was handcuffed Officer Gee pat frisked him for weapons. Officer Gee removed a brown wallet from his left front pocket along with a set of car keys.

 

Officer Messaoudi asked for the man to identify himself which he did not. Officer Messaoudi opened the brown wallet in an attempt to identify the individual when he discovered four separate clear baggies containing various substances later tested and determined to be drugs. Please see Officer Messaoudi’s supplemental report for a more detailed account of his findings.

 

Once Mr. Lopes was in custody and had settled down enough for the EMTs on scene to treat his injuries, I assisted the responding medical personnel in getting Mr. Lopes onto a gurney. I asked Mr. Lopes his name as he was getting into the ambulance and he identified himself to me as Christopher Lopes. Mr. Lopes was then transported to Somerville Hospital.

 

At the hospital Mr. Lopes was treated for his injuries. I stayed in his hospital room along with Ofc. Van Nostrand and asked him several questions regarding the incident trying to ascertain what had happened at 40/42 Ibbetson. The car that crashed into the house at 40/42 Ibbetson had a cracked windshield. I asked Mr. Lopes several times if he remembered if his head hit the windshield. He said no but that he was driving and his girlfriend was in the car with him. Mr. Lopes also stated he had nothing to hide and would even take a blood test if we wanted.

 

Based on Mr. Lopes statement, I prepared a Consent to Search form for the staff at the Somerville Hospital to withdraw blood. After completing the Consent to Search form, I asked Mr. Lopes if I could read it to him so he could understand it completely. Mr. Lopes said that he would like to read it himself. After reading the Consent to Search form, I asked Mr. Lopes if he had any questions regarding the form. He said no and signed the form. At this moment I informed Mr. Lopes of his Miranda Rights, reading the warning from a card that I carry. I asked Mr. Lopes if he understood his rights and he stated that he had been arrested before and was familiar with these rights.

 

Mr. Lopes said that he liked talking to me because it seemed like I cared about him. Based on the rapport that we had developed I asked Mr. Lopes several questions regarding the course events that led up to his struggle with Officer Gee that I had observed. Mr. Lopes said that he was with his girlfriend Sara Fogarty at her residence at 27 Ibbetson St. They got into an argument as she discovered that he was dating another girlfriend in Rhode Island. Mr. Lopes told me that Ms. Fogarty was going to call the cops and allege that he was beating her. Mr. Lopes believed her threat and grabbed her keys and was going to drive off so as to not be apprehended. Mr. Lopes told me he was on probation out of Rhode Island, Pawtucket District court and was in fear of going back to prison. Mr. Lopes also said his probation officer’s name was Mark Moody.

 

I asked Mr. Lopes if he had consumed any alcohol or drugs. He said that he had some vodka and smoked a blunt prior to our arrival. 

 

Once Mr. Lopes was cleared medically by the staff at Somerville Hospital, I radioed to dispatch to request transport. Officer Fusco arrived within minutes in marked cruiser #200 and transported Mr. Lopes to the Somerville Police Department for booking. Once at the station, Sgt. Gobiel booked Mr. Lopes, gave him all of his rights, and placed him in Male Cell #1.

 

The car that crashed into 40/42 Ibbetson was inventoried by Officer Messaoudi prior to being towed. During the inventory search Officer Messaoudi discovered a black backpack that had a pay stub with Mr. Lopes’ information on it. Also in the backpack was a glass jar that contained marijuana. Please see Officer Messaoudi’s supplemental report for a more detailed account of his findings.

 

Officer McNally of the Somerville Police Traffic Unit responded to the scene to investigate the Motor Vehicle Accident. His accident report is attached to this report.

 

Mr. Lopes was charged with the following:

– MGL c. 265 § 13 – Assault

– MGL c. 94c § 32 – Possession of a Class B substance

– MGL c. 94c § 32 – Possession of a Class C substance 

– MGL c. 94c § 32 – Possession of a Class D substance  

– MGL c. 90 § 24 – Use Without Authority 

– MGL c. 90 § 24 – OUI Drugs

– MGL c. 90 § 24 – Operating to Endanger

– MGL c. 268 § 32b – Resisting Arrest

 

Sara Fogarty was charged with the following:

– MGL c. 94c § 32 – Possession of a Class B substance

– MGL c. 94c § 32 – Possession of a Class C substance 

– MGL c. 272 § 53 – Disorderly Conduct

– MGL c. 268 § 13b – Witness Intimidate

 

I also issued Massachusetts Uniform Citation #R7879023 to Mr. Lopes for the Motor Vehicle infractions.

 

Officer Van Nostrand tagged and secured into evidence the following items:

(1) Targus black backpack belonging to Lopes

(1) Pay stub belonging to Lopes

(1) White crystal substance believed to be Crystal Meth with Narco pouch

(3) Green leafy substance believed to be Marijuana

(1) Bag of white powdery substance

(1) Bag of white crystal-like substance

(1) Prescription bottle containing wax substance

(1) Bag of white powder substance

(4) White pills believed to be Xanax

$50 U.S. Currency

(4) Vials of Christopher Lopes’ blood

(1) Mason Jar

(1) Consent form

(4) Documents including crash report and OUI documents

 

 

Respectfully Submitted,

 

Officer Michael Carroll #339

 

Narrative

On August 25, 2016, at approximately 1600hrs, I, Officer Tim Van Nostrand, was on duty and assigned to uniform patrol in marked cruiser East 2 with Officer Michael Carroll. In supplement of Officer Carroll’s report, upon arrival I exited the cruiser and assisted Officer Gee and Carroll secure defendant Christopher Lopes. Once secured, I observed a female, later identified as Sara Fogarty, trying to push through a firefighter in an attempt to get to us. She was violently flailing her arms and screaming in our direction. Officer Gee stated “She’s the instigator”.

 

        I went over and tried to calm Fogarty down, however she was uncooperative and combative. Due to her tumultuous behavior, and refusal to listen, I placed her into handcuffs and detained her for my safety as well as hers. Once in handcuffs, she refused to have a conversation with me. We attempted to offer her medical attention, which she ignored and continued to berate us with vulgar language. She continued to urge us to shoot her because “that’s what cops do”. She looked at me and said “I can’t wait to get Manny on you, you’ll be fucking dead”.

 

        Due to these facts, Fogarty was placed under arrest for disorderly conduct and witness intimidation. Several other charges were added due to further investigation. See supplemental reports by Officer’s Gee and Messaoudi.

 

Respectfully Submitted,

 

Officer Tim Van Nostrand

#293

Somerville Police Dept.

 

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