On the morning of January, 22nd, 2017 I was assigned to uniform patrol in West Five. At approx 3:40 AM, Off S. Clark and I were dispatched to 121`Boston Ave. for a breaking and entering of a residence in progress. The Victim XXXXX called the Somerville police dispatch, he was on scene. As we pulled up to the residence, Off. Clark heard the sound of chain link rustling in the back yard, and yelled the suspect may have climbed over the fencing, we checked over the fenced part of yard, and there were adjacent railroad tracks. I spoke with the Victim, and he said he heard noises in his home, called the police , and when he entered into His Kitchen he found a strange man standing there. He asked what he was doing there , the Defendant later identified Josue Davila said he was looking for a friend. The Victim said his small child, wife and Mother-in -law were asleep in the home, he forcefully escorted the Defendant out the back door, which he said was inadvertently left open. The V described the Defendant as wearing a Black Jacket, a white male possibly intoxicated. He then noticed the interior lights of his vehicle a Subaru parked in his driveway were on. The Defendant had walked into the rear backyard, the victim checking his vehicle, then found a white I phone located on the floor of his car . The phone was later identified as the defendant’s. While talking to the Victim on his front porch, I received a radio transmission several minutes later that a person fitting the description was found on the opposite side of the rail road tracks in a parking area. Officers Ruf, and Collette detained him.            

        I explained to XXXXX that the suspect was being detained for a show up, after filling out the show up form, I brought him to a lighted area of Ball Sq. where the Defendant was standing. He without a doubt identified the Defendant as the man that entered his home, and had stood in the middle of his kitchen.

        Off Collette, had read him his Miranda rights, He was place in custody, and transported to the station by Wagon 200. While being booked at the Station the Defendant identified the Iphone as being his. The phone was taken for evidence. The Defendant was charged with Burglary, and B and E motor vehicle Nigh time. At the station he was processed by Lt. Lavey.

                                                                     Respectfully Submitted,

                                                                                                            Off. Robert Driscoll #148