On Wednesday September 14, 2016, I was working in the Somerville Police Drug Unit as Delta-18. Routine surveillance was set up in the area of Dunkin Donuts located at the corner of Broadway and McGrath Highway. Members of the Somerville Police Drug Unit conducting surveillance at this time included detectives Brioso, Legros, Costa and I. This surveillance was initiated as a result of numerous complaints of possible drug activity within the parking lot of Dunkin Donuts and surrounding area. At approximately 4:30 P.M., I observed two males standing outside the Dunkin Donuts appearing to be looking for someone. I know one of these males to be XXXXX. XXXXX is known to me and other members of the Somerville Police Department from prior arrests.
XXXXX was in the company of another male, later identified as Mr. Timothy Hattis. The two males utilized the pay phone located directly outside of the Dunkin Donuts and began walking north on Mcgrath Highway. As XXXXX and Mr. Hattis arrived at the Stop and Shop, Mr. Hattis used the pay phone outside of Stop and Shop and began looking around the parking lot as if he was looking for someone. I then saw Mr. Hattis begin to count money outside the front door of Stop and Shop. Within two minutes, the two males then walked across McGrath Highway to a bus stop located in front of Foss Park. As they sat in the bus stop, surveillance was kept of the two males as I believed they were looking for someone. Within ten minutes, numerous buses had stopped at the bus stop and continued on without picking up the two males. The two males appeared to be sitting in the bus stop continuously looking around. Both males then walked back to the Dunkin Donuts located at Broadway and McGrath Highway to use the pay phone once again. Mr. Hattis was on the phone for approximately ten seconds and hung up. XXXXX and Mr. Hattis then walked in a hurried manner back to the bus stop located on Broadway directly in front of Foss Park.
Within two minutes of the two males arriving at the bus stop, I observed a white male wearing a white t-shirt approach Mr. Hattis and XXXXX. This white male, later identified as Johnny McCloskey, walked from the area of Grant Street and waved to Mr. Hattis to gain his attention. Mr. Hattis then walked over to Mr. McCloskey and the two males began walking westbound to the corner of Wheatland Street. I would like to note that during this time, XXXXX stayed seated at the Bus Stop only a short distance away. As XXXXX was seated, he kept getting up to see where Mr. Hattis and Mr. McCloskey were going. As I was watching XXXXX, Detective Costa observed Mr. Hattis and Mr. McCloskey walk ten to fifteen feet into Wheatland Street from Broadway. As they were walking, Detective Costa observed the two males exchange an item hand to hand. The two males then walked back to Broadway and parted ways. Mr. Hattis began to walk back towards the bus stop where XXXXX was and Mr. McCloskey began walking west on Broadway towards Grant Street. At this time, based on our training and experience, we believed Mr. Hattis and Mr. McCloskey were just involved in a hand to hand street level narcotic transaction. Detectives Costa and Brioso kept a rolling surveillance of Mr. McCloskey as Detective Legros and I initiated a stop of Mr. Hattis for a threshold inquiry.
As Mr. Hattis returned to the bus stop, I approached him with my badge clearly displayed on my outermost garment and radioed for a marked unit to respond to my location. Marked unit East-1, Officer Fusco, East-4, Detective Dottin, and Street Supervisor, Sergeant Capasso, all responded. I asked Mr. Hattis where he had been coming from to which he stated he walked to the store to buy something. I then explained to Hattis that we had made observations of him and the other male. Mr. Hattis then stated, “I met with that other kid.” Mr. Hatis then stated “I have a bag of needles in my right pocket and the stuff is in the other.” Mr. Hattis then attempted to pull out an item from his pocket. I stopped him from doing so and saw a glassine baggie filled with a powdered substance inside. During further inspection of this baggie, I found it to contain a light tan powdered substance I believed in my training and experience to be Heroin. Mr. Hattis stated, “It’s dope.” As I was speaking with Mr. Hattis, Detective Costa and Brioso observed Mr. McCloskey walk into Leone’s Pizza and exit. Mr. McCloskey then walked through the parking lot of 299 Broadway and down the stairs to Sewall Street. As Detective Brioso turned onto Sewall Street, he observed Mr. McCloskey enter the residence of X Sewall Street.
Mr. Hattis was placed under arrest and transported to Somerville Police Headquarters via marked unit 200, Officer Pavao, where he was booked in the usual manner by Lieutenant Mulcahy. During this time, Detectives Brioso, Legros, and Costa remained outside of X Sewall Street. Within fifteen minutes, Mr. McCloskey exited the residence and got into a Toyota Corolla bearing Massachusetts registration YYYYY. This red Toyota had just pulled up to the house. As the Toyota was preparing to drive away, Detectives approached the red Toyota and asked the operator, later identified as the owner of the vehicle, YYYYY, to shut the vehicle off. YYYYY immediately complied and Mr. McCloskey was immediately escorted out of the vehicle and placed under arrest. Mr. McCloskey was then transported to Somerville Police Headquarters via marked unit 200, Officer Reece, where he was then booked in the usual manner by Lieutenant Mulcahy. Please see any and all supplemental reports regarding this incident and for evidence.
I would like to note that a field test of the tan powder substance was conducted with a NIK Heroin test kit. The results of this field test were inconclusive. Numerous people in this area have been purchasing Heroin which has been found to actually be Fentanyl. The tan powder substance was entered into evidence where it will be transported to a State Lab for analysis. During an inquiry of Mr. McCloskey’s board of probation check, I found that he has a prior guilty conviction for possession to distribute a class A drug. This conviction is out of the Somerville District Court, (Docket Number 1510CR000958A). Due to his prior guilty conviction, Mr. McCloskey’s distribution offense will be charged as a subsequent offense. Mr. McCloskey’s monies were confiscated and held for forfeiture proceedings.
Detective Fernando Cicerone #279