On Tuesday, November 29, 2016, I was working in the Somerville Police Drug Control Unit as Delta-18. At approximately 8:00 P.M. I was conducting routine surveillance in the area of the North Street Housing Development along with Detectives Legros, Collette, and Costa. I would like to note that within the past year several drug related arrests have occurred including a search warrant execution in which I was the affiant on. During surveillance I observed a gray Honda Civic. I randomly queried this vehicle and found it to be active to a female out of XX Meacham Street. I know this address from previous incidents where narcotic related offenses have occurred. As the vehicle was now to my immediate left I could observe a black male operator. The gray Honda travelled west on Broadway making a right turn on North Street, right on Hamilton, right onto Barton and another right back onto Broadway heading westbound once again. At this time, I believed the vehicle to be using a counter-surveillance technique known as “cleaning themselves” as to see if police are present following a vehicle. The gray Honda travelled west on Broadway until they turned left into the parking area of the Clarendon Hill Towers. The vehicle made a loop through the main street in front of each building and then proceeded to the rear parking lot which is located between 1366 and 1370 Broadway. At this time, the vehicle parked as I parked in a nearby position to keep full observation of this vehicle. The gray Honda turned its lights off and stayed in the parking lot. I would like to note that at this time of night, the parking lot is well lit and only approximately fifteen vehicles were parked in the entire lot. From where my unmarked vehicle was parked I had a clear view of the vehicle and what I could now see were two males sitting inside. The vehicle remained started however the interior and exterior lights were off.
After approximately fifteen minutes I observed two young males walking out of 1370 Broadway and through the rear parking lot where the gray Honda was parked. The two males were described as a young black male wearing red, and a white male with an afro wearing a gray shirt. The white male, later identified as XXXXX, was using his cell phone walking around the parking lot and appeared to be looking for someone. The black male was later identified as YYYYY. As XXXXX got off the phone, I saw that the gray Honda now turned on its lights and pressed the brakes multiple times in order to get XXXXX’s attention. XXXXX walked right over to the driver’s side of the gray Honda and I could see the black male operator rolled down the window and was speaking with XXXXX. XXXXX and the operator spoke for approximately fifteen seconds and XXXXX walked away from the gray Honda. At this time, I could see that XXXXX appeared to be walking away with something in his right hand. XXXXX did not have anything in his hand at the time before he met with the gray Honda. As XXXXX and YYYYY walked towards the front of the building, Detective Costa saw both males getting into a red Honda Civic. This red Honda drove right up to the parking lot entrance as XXXXX and YYYYY got in. The red Honda drove to Broadway and turned right heading east on Broadway. Detectives Costa and Legros followed this vehicle as Detective Collette and I stayed in the parking lot of 1370 Broadway as the gray Honda stayed parked but had now turned its lights back off.
The red Honda travelled east on Broadway and was subsequently stopped by marked unit East-1, Officer Morreira, at the intersection of Broadway and Melvin Street for a threshold inquiry. During the motor vehicle stop, the operator was identified as ZZZZZ. ZZZZZ has an active Junior Operator’s License. While speaking to XXXXX, Detective Costa inquired about where he had been coming from. XXXXX, who was seated in the front passenger side seat, stated he was just coming from his house. XXXXX stated that he did not meet with anyone in the parking lot of the Clarendon Hill Towers. XXXXX was asked several times and his story became more inconsistent where the story would change. After a few minutes, Detective Costa stated a mason jar filled with Marijuana and a digital scale was located directly under the passenger side seat where XXXXX was seated. XXXXX then stated that he did in fact meet with the operator of the gray Honda. According to XXXXX, the operator of the gray Honda, later identified as Mr. Kesner Lubin, gave XXXXX the mason jar of Marijuana and told him to sell the Marijuana for him. Mr. Lubin made threats to XXXXX and stated that he “knew everyone in the area and to not f*** with him.” XXXXX stated that Mr. Lubin gave him a phone number to call when he finishes selling the Marijuana and that he would come to get the money. XXXXX gave a written statement to Detective Costa and spoke with him about the event as well.
During this conversation, the gray Honda reversed out of the parking spot and began to drive towards Broadway making a right turn heading east on Broadway. The vehicle made a left turn onto North Street, followed by a right turn onto Hamilton, right onto Barton, and another right back onto Broadway. Detective Collette and I were following this gray Honda and believed the vehicle was “cleaning itself off” once again. The gray Honda made another right turn onto North Street and right onto Powderhouse Boulevard where it parked at the crosswalk at North Street. At no time did Detective Collette and I lose contact with the gray Honda. I radioed Somerville Police dispatch that we needed a marked unit to help with stopping the two parties inside the gray Honda. Marked unit West-5, Officer Gee, arrived on scene to assist Detective Collette and me. As Detective Collette and I approached with our badges displayed on our outermost garment, I could see Mr. Lubin reaching into his right jean pocket. Mr. Lubin was surprised by our presence as he was looking at the marked unit directly behind him. I immediately asked Mr. Lubin to step out of the vehicle as I could not see what was placed into his pocket. I would note that Mr. Lubin is well known to me and had just been arrested only a few months earlier for having a loaded magazine in his possession. As Mr. Lubin stepped out of the vehicle, I placed him in cuffs for the safety of everyone. I asked Mr. Lubin where he had been coming from to which he answered he had been sitting in his vehicle for hours with his friend AAAAA.
While I was speaking with Mr. Lubin, Detective Collette and Officer Gee were speaking with the passenger, AAAAA. During my conversation with Mr. Lubin, I once again where he had been coming from. Mr. Lubin stated that he had not left the vehicle for over two hours and even received a ticket which was still on his windshield. As I saw the ticket I found it was from approximately 7:30 P.M. and was given at 24 North Street. I explained my findings to Mr. Lubin and he stated he was on North Street and Powderhouse the entire time. I asked Mr. Lubin if he had travelled to the Clarendon Hill Towers which he answered he did not. I then explained I had been observing him for some time and saw him in the parking lot of Clarendon Hill Towers. Mr. Lubin became irate and stated he was never there. During an outer frisk of Mr. Lubin’s jeans, I could feel what I believed to be baggies inside of his right pant pocket. I asked Mr. Lubin what he shoved in his pocket to which he yelled, “It’s for personal use.” Inside of Mr. Lubin’s right pant pocket I found a large clear glassine baggie containing other individual glassine baggies filled with a tan powder substance. I believed in my training and experience the substance to be Heroin. As Officer Gee and Detective Collette were speaking to AAAAA, he refused to answer any question and stated that he did nothing wrong and that he was just hanging out with a friend. AAAAA would not state where they had just been coming from. AAAAA was released at this time.
I asked Mr. Lubin about the male he had met with in the Clarendon Hill Parking Lot. Mr. Lubin stated that it was “just some kid who wanted weed.” I explained to Mr. Lubin that having a minor sell drugs was a serious offense. Mr. Lubin just stared at me and did not say anything. Mr. Lubin was transported to Somerville Police Headquarters via marked unit 200, Officer Fusco, where he was booked in the usual manner by Sergeant Fusco. The gray Honda was towed to the Somerville Police Garage via Pat’s Tow so that a drug K9 officer could do a scent search of the vehicle. Trooper Dan Purtell and K9 East arrived and began a scent search of the gray Honda for narcotics. Trooper Purtell stated that the K9 did show interest in the console area but did not alert to a specific area of the vehicle. Inside of the Honda was another plastic baggie containing a green leafy substance believed to be Marijuana and a digital scale. Due to the amount of Heroin, digital scale, and statements made by XXXXX, I believed Mr. Lubin to possess this amount of Heroin to distribute it.
Detective Fernando Cicerone #279