On 02/06/17, I Officer Christopher Collette was assigned to Somerville marked unit East One. At approximately 08:56 hours I was dispatched to 333 Great River Rd. at the Avalon Apartment Complex for an unwanted person refusing to leave the area. I’d like to note that earlier in the shift I had been dispatched to the same address for the same individual who was found sleeping in a corridor. Upon arrival I was greeted by security officers XXXXX and YYYYY. The security officers are tasked in protection of the Assembly Row area which is privately owned but frequented by the public. XXXXX informed me that a male was inside the lobby and was refusing to leave the premises, even after numerous requests by security personnel. I then entered the lobby and attempted to initiate conversation with the individual who was charging his cell phone. This individual was later identified as Tesris Cineus.
In a conversational tone of voice I asked him what was going on. He then began to speak to me in a loud and aggressive manner, and began to verbally berate the security personnel. In order to hear this individuals account of the circumstances I had to divert his attention from the security personnel who he was continually berating in the same loud angry manner. After listening to the individual’s account I advised him that he needed to leave, as he was not a resident and was no longer wanted on Avalon Property. The individual informed me that he was leaving. He gathered his cellular phone but made no attempt to leave. After advising him several more times that he needed to vacate the premises he continued to stall and remain in the lobby area. At this point I advised him that if he did not leave he would be subject to arrest for remaining on Avalon property without right. The male still would not leave, and I began to escort him out of the building.
Once outside the building, this male stopped on the sidewalk and within the footprint of the entrance. He continued his angry and loud tirade. Security advised me that Mr. Cineus was still on private property and they wanted him removed. I spoke with Mr. Cineus and requested that he leave the area. He stated that he would not and continued to grow more agitated, addressing the security personnel with foul language, and at one point he advised me that, “I (Mr. Cineus) am 6′ 6″, I could disarm you and fuck you up!” repeatedly requested that he leave the area and he refused. Mr. Cineus had been verbally berating the security employees, and had threatened me. The location in which Mr. Cineus was causing this loud scene was in a densely constructed business area, and across the street from a walking path and field that are heavily visited and utilized. In order to stop Mr. Cineus’ continued disturbance I began to escort him across the street. He continued in his loud tirade during this process. While in the middle of the street, Mr. Cineus slapped his hand against my left arm, knocking it away. At this point I advised Mr. Cineus that he was under arrest for this assault.
Mr. Cineus refused several commands to stop and present himself for handcuffing. He stiffened his arms and jerked his body about in an active effort to resist being placed under arrest. At this point we both wound up back within the footprint of the Avalon apartments. I advised Mr. Cineus that if he did not stop his resistance I would deploy my department issued pepper spray to bring him under control. Mr. Cineus continued to resist and I deployed a short burst of my department issued pepper spray to Mr. Cineus’ face area. Due to the windy conditions I was affected by the pepper spray as well. Mr. Cineus continued to resist and it was only when Officer Moreira arrived on scene to assist that Mr. Cineus stopped resisting. Mr. Cineus was transported to SPD Headquarters and booked by Lt. Sheehan in the usual manner. During an inventory search of Mr. Cineus’ property, Officer Singh found a small glassine baggie in Mr. Cineus’ property. The baggie contained a white powdery substance that based on my training and experience I believed to be Cocaine. After being advised of his rights pursuant to Miranda, Mr. Cineus admitted that the substance was cocaine.
Mr. Cineus was charged with trespassing, disorderly conduct, assault and battery on a police officer, resisting arrest, and possession of a class B substance (cocaine).
Patrolman Christopher Collette, B#302