The following is a brief summary pertaining to Incident #16075701:
On Thursday, December 1, 2016, I was assigned to the Somerville Police Drug Control Unit as Delta-18. Routine surveillance was set up in the area of 30 River Road by me and Detective Costa. Detectives Collette, Brioso, and Legros were also in this area. Surveillance of this area was initiated after an investigation was launched from the residence of 30 River Road, Somerville, MA 02145. During the course of this drug investigation, information was developed via a reliable confidential informant, as well as periodic surveillance , regarding the alleged illegal Heroin distribution operation engineered by Joseph Flynn. At approximately 4:30 P.M. I observed Flynn leave the residence of 30 River Road #3001 and walk to a gray Porsche SUV. Flynn opened the driver’s door, quickly closed it, and walked back into the residence of 30 River Road #3001. Within a few minutes of Flynn doing this, a gray Lexus sedan parked at the corner of River Road and Canal Lane. I randomly queried this registration via my laptop and found the vehicle to be active to Mr. Max Charron, out Cambridge, MA. I observed several individuals in this vehicle. The gray Lexus was parked at this intersection which is clearly marked as a no parking zone. I would note that I know Mr. Charron and have interviewed him at the Somerville Police Station. During my discussion with Charron in the past, he had stated he sometimes gives friends rides to purchase narcotics but that he himself only smokes Marijuana. One friend, Mr. Charron stated, he associates with is Mr. Fernando Martins. Mr. Martins is well known to me and other members of the Somerville Police Department through several email officer safety bulletins. In addition to the above mentioned bulletins, within the past two weeks I was notified by Officer Jarred Cabral, of the Cambridge Police Department, that Mr. Martins was believed to be in possession of a firearm. Officer Cabral informed me that an officer safety bulletin was disseminated to the Cambridge Police Department specifically mentioning Mr. Martins and his alleged possession of a firearm.
Within a few minutes of the vehicle parking at the intersection of River Road and Canal Lane, the vehicle drove down River Road towards the Mystic Avenue side and parked in front of 30 River Road. After a few seconds, I observed a short, dark skinned Hispanic or black male, later identified as Fernando Martins, exit from the rear driver’s side door and walk towards the front of the vehicle. As Martins walked to the front of the vehicle, he was lit up by the front lights. Within a few seconds, Flynn walked out of his residence at 30 River Road #3001 and met with Martins. The two exchanged something and Flynn immediately went back inside his residence as Martins got back into the gray Lexus, seated in the rear driver’s side once again. At this time, in my training and experience, I believed Mr. Flynn and Mr. Martins just participated in a street level drug transaction.
As the gray Lexus drove towards Memorial Road, a rolling surveillance was started of this gray Lexus as Detectives Collette and Legros waited at 30 River Road. The gray Lexus proceeded to Mystic Avenue eastbound. I pulled to the immediate left of this Lexus and found the rear driver’s side passenger to be in fact Mr. Fernando Martins. I could also see that Charron was the operator of his vehicle. As the Lexus continued towards McGrath Highway, it took a right turn onto McGrath Highway heading southbound towards Highland Avenue. At this time, Detective Costa radioed for his vehicle to be stopped so that we could conduct a threshold inquiry of the passengers. As the vehicle continued south on McGrath Highway, Captain Michael Cabral, Officer Patrick Canty, and Street Supervisor, Sergeant Capasso were waiting at the intersection of McGrath Highway and Greenville Street. As the vehicle passed Sergeant Capasso’s marked cruiser, he immediately turned on his emergency blue lights and siren in an attempt to stop the gray Lexus. I would like to note that the gray Lexus had ample opportunity to pull over to the right hand side of the street as Captain Cabral and Officer Canty were on motorcycles and stopped traffic from getting by the gray Lexus. Instead the gray Lexus continued on McGrath Highway towards the Somerville Avenue exit where it then pulled over. Sergeant Capasso stated that he observed the two rear passengers moving around inside the vehicle prior to the motor vehicle coming to a stop.
As Sergeant Capasso and other units approached the vehicle, we had everyone step out of the vehicle for officer safety purposes. As I looked into the vehicle, I observed a paper Target bag sitting on the console directly between all the occupants. Also, between the two rear passengers, I observed a black jacket which appeared to be stuffed in the arm rest area of the rear passengers which would lead towards the trunk compartment. Mr. Martins was advised of his Miranda Warnings by Sergeant Capasso from a card he keeps on his person. Mr. Martins stated he understood. I asked Mr. Martins where he had been coming from. Mr. Martins stated that he just came from the convenience store. I then asked Mr. Martins which convenient store? Mr. Martins stated he did not know. I asked Mr. Martins what he purchased? Mr. Martins stated he had purchased a drink. I then asked Mr. Martins where the drink was? Mr. Martins stated he did not know. I asked Martins if he had ever been in trouble before. Mr. Martins stated he was in trouble in his past for gun charges and selling cocaine. At this time, Mr. Martins appeared very nervous as he was breathing heavily and shaking. I asked Mr. Martins to wait with Sergeant Capasso so that I could speak with the operator Mr. Charron.
Mr. Charron was advised of his Miranda Warnings by Officer Van Nostrand and had agreed that he understood. I asked Mr. Charron if he remembered speaking with me in the past and he stated that he did in fact. I then explained to him that he stated he was not going to driver Mr. Martins and he stated he remembered and apologized. I then asked Charron where they had been coming from. Mr. Charron stated that Martins asked him for a ride to the Mystic Housing Development so that Martins could get something from a friend. Charron was with two other males at the time and the three picked up Martins. Martins was inside the vehicle for some time and asked if Charron could drive him to River Road to pick up something from a friend. Charron agreed and the four males went to River Road. Charron stated that Martins called his friend but did not answer immediately. After a few minutes of waiting in the vehicle, Martins completed another phone call and his friend answered the phone. The two spoke for a few seconds and after the conversation, Martins had Charron drive to the next corner in front of 30 River Road. At that time, Martins got out of the rear driver’s side of the Lexus and met with Mr. Flynn directly outside 30 River Road #3001. After the quick meet Mr. Martins got back into the vehicle and they proceeded back towards the city of Cambridge.
I asked Mr. Charron what was inside the vehicle. Mr. Charron stated that he was not sure. I explained to Mr. Charron that I believed he drove Martins to 30 River Road to conduct a drug transaction. Mr. Charron put his head down and didn’t speak. I once again asked Charron what was inside the vehicle and Charron stated he wasn’t sure but there may be something inside. At this time, I went back to the gray Lexus and looked inside the paper Target bag, which was open. As I looked inside, I found a clear plastic baggie containing two large clear plastic baggies, which contained a white powdery substance I believed to be Cocaine, in my training and experience. At this time, I advised the occupants they were under arrest and radioed Somerville Police dispatch to have the mobile detention unit respond as well as a tow for the vehicle. As I pulled the black jacket, which appeared to be stuffed in the center gateway to the trunk compartment, I saw that the compartment door leading to the trunk was ajar because a strap was stuck between. As I opened the compartment completely, I found a dark backpack which appeared to be weighed down. I opened the dark backpack and found only a t-shirt inside the main zippered area. It was obvious to me that this t-shirt was wrapped around an object inside. While handling the rolled up shirt, I felt what I believed to be an automatic firearm. As I unraveled this t-shirt, I found a dark colored firearm inside. All of the occupants were asked if they contained a license to carry and each stated they did not. Mr. Martins asked to get his wallet from his jacket. Officer Capasso asked Mr. Martins which jacket was his. Mr. Martins stated, The black puffy jacket in the back. I would note that I removed Mr. Martins’ wallet from the same black jacket which I observed to be stuffed into the compartment area leading to the trunk. After a further inspection of what I believed to be a firearm, it was found that it was in fact a Daisy Pellet Gun which appeared real in size, shape, and weight.
As three of the four occupants were arrested, I went back to 30 River Road to place Mr. Flynn under arrest for distributing a class B substance, Cocaine, and secure the residence for a search warrant. Marked units East-4, Officer Reece, East-1, Officer VanNostrand, members of the Somerville Police Drug Unit, as well as members of the Somerville Housing Police arrived at 30 River Road #3001 to assist. Officer Peter Granitas of the Somerville Housing Police was in possession of a key to the apartment in case no access was allowed. As we walked to the front door of 30 River Road #3001, XXXXX was outside of the residence. Detective Legros waited with him as we reached the front door. I knocked several times at the front door. Mr. Flynn opened the front door curtain and saw the police presence as I announced, Somerville Police, open the door. Mr. Flynn immediately ran away from the door. As I was now concerned with the possible destruction of evidence and Mr. Flynn fleeing, Officer Granitas opened the door using the master key. Mr. Flynn ran towards the back of the living room where he was placed into custody. Also in this living room area, was YYYYY and ZZZZZ. While conducting a sweep of the apartment for officer safety purposes, I observed several items consistent with that of packaging of narcotics including a digital scale and glassine baggies. These items were left on dressers in the bedrooms of this residence.
In my training and experience, the amount of cocaine found in the vehicle was that consistent with an amount which could be broken up for re-sale. I believe Mr. Flynn and Mr. Martins met for the purpose of a “re-up.” A “re-up” occurs when a drug dealer on a lower scale buys an amount of drugs from someone with the purposes of adding cutting agents to the narcotics and repackage them for re-sale. I would like to note that during a board of probation check, it was found Mr. Flynn and Mr. Martins have prior Guilty convictions for possession to distribute charges. During the arrest of Mr. Flynn, he was found to be in possession of $1,210 in US Currency and a large bag of Marijuana. In my training and experience, I believe Mr. Flynn possessed this amount of Marijuana for re-sale as well. Mr. Martin’s was found to be in possession of $240 in US currency. I would like to note that Mr. Flynn’s and Mr. Martins’ monies will be seized and subject to forfeiture, as well as Mr. Flynn’s Porsche SUV. The four males were transported to Somerville Police Headquarters via marked unit 200, where they were booked in the usual manner by Lieutenant DeOliveira.
Detective Fernando Cicerone #279