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The following is a brief summary to incident #17049340.

 

  During the evening of August 12, 2017 members of the Somerville Police Department Drug Control Unit were conducting routine narcotic interdiction surveillance within the East Somerville area of the City of Somerville. The focus of the narcotic interdiction was due to past narcotic related arrests made in the area. At 8:00 P.M. observations were made by me of XXXXX operating a blue Acura TSX heading east bound on Pearl Street then taking a right onto Florence Street, where he pulled into the car wash and pulled alongside a blue Acura TSX that was parked by the vacuum section of the parking lot. I would note that the vehicle XXXXX was operating is registered to YYYYY, which is XXXXX’s current girlfriend. I would also note that within the past month the Drug Control unit received information that XXXXX was distributing illegal narcotics.

 

  Once XXXXX parked his vehicle beside the waiting vehicle, I proceeded onto Washington Street where I parked my unmarked Police Vehicle right across the street from the two vehicles, where I had an unobstructed view of the two vehicles. At this point I notified Detectives in the area of my observations over my two way radio. Detectives then notified me that they were responding to my location. As soon as XXXXX parked his vehicle besides the waiting vehicle, I observed Marvin Vivas, who is well known to Somerville Police, exit the front passenger seat of the waiting vehicle and approach the driver’s side of the vehicle where XXXXX was sitting. I then observed Vivas reach in the driver’s side window where he then pulled his right hand out and put something into his right front pant pocket. At this point Vivas returned to the awaiting vehicle, where he entered the front passenger side door. XXXXX then exited the car wash and began to head west bound on Washington Street.

 

  Based on the information the Drug Control Unit received from the confidential Informant along with my training and experience the behaviors displayed by Vivas and XXXXX during the course of this observation were consistent with that of a street level drug transaction. Due to responding Detectives still not being on scene, I remained conducting surveillance of the vehicle that was still parked at the car wash.

 

  About a minute later Detectives Cicerone, Mcnally, Goncalves and Gang Unit Sgt. Capasso arrived on scene and we pulled into the car wash where we approached the vehicle with our police badges prominently displayed on the exterior of our clothing, to conduct a threshold inquiry to further investigate Vivas’ activity. Once we were walking towards the vehicle Vivas stepped out of the vehicle. At this point I approached Vivas and asked him, what he and the three individuals that are in the car with him were doing in the area. Vivas answered “nothing, just chilling.” I then asked Vivas if anybody met with him and his friends and he said no. I then had Vivas sit by the back wall of the parking lot.

 

  Detective Cicerone then advised me that when he approached the driver of the vehicle who was identified as the registered owner David Mendoza, that he asked Mendoza if there was anything in the car that shouldn’t be there, Mendoza stated that he has pills in the driver’s side door pouch for his chest pain. Mendoza then pointed to the driver’s side door pouch. Detective Cicerone then recovered two blue pills inscribed V 48/12 (Oxycodone 30 MG). Detective Cicerone then asked Mendoza if he had a prescription for the pills which Mendoza stated no.

 

  At this point I approached the passenger side rear door where I had a male identified as YYYYY step out of the vehicle. I then asked YYYYY what he was doing in the area he advised me that the car wash is a meeting area and that he was just picked up on Florence Street. I then asked YYYYY if anybody had met up with him and his friends and he stated no. YYYYY was searched then advised to sit on the back wall by Vivas.

 

  I then approached the driver’s side rear door, where I had a male identified as ZZZZZ step out of the vehicle. I then asked ZZZZZ what they were doing in the car wash. ZZZZZ advised me that they came to the car wash to clean the car. I then asked ZZZZZ if anybody came to meet them. ZZZZZ stated that somebody came to meet Vivas. I then had ZZZZZ sit on the back wall. I then observed a brown MCM bag on the middle of the back seat. I then asked all four males who the bag belonged to. The four males declined to take ownership of the bag.

 

  I then approached Mendoza who was still sitting in the driver’s seat. Mendoza was then asked to step out of the vehicle so that I could speak to him. I asked Mendoza what they were doing at the car wash. Mendoza answered that he and his friends were all meeting there because they were heading to the casino. I then asked if anybody came to meet them while they were in the parking lot. Mendoza advised me that somebody came to meet up with Vivas but he did not know the person’s name. Mendoza was then asked to sit on the back wall. Detective Goncalves then pulled out that brown MCM Bag. In the bag Detective Goncalves found a plastic baggie containing 96 pills with assorted imprints (Oxycodone 30mg), 2 bags of Marijuana (60 grams) along with a Black Digital scale. See Detective Mcnally’s supplemental report regarding all evidence seized. The large amount of Oxycodone 30mg found in the brown MCM bag is consistent with someone who will possess with the intent to distribute them. The amount of Marijuana found along with the black digital scale is consistent with the ingredients of someone who intends to distribute them.

 

  I then approached Mendoza where I placed him in handcuffs and I advised him that I would be placing him under arrest. Mendoza was then read his Miranda warnings by Detective Mcnally. Mendoza advised both me and Detective Mcnally that he understood his rights. I then asked Mendoza who the bag belonged to. Mendoza then advised me that the bag was his. I then asked Mendoza what was in the bag and he answered that there was some weed along with a scale in the bag. I then asked him what else was in the bag. Mendoza stated he was not sure but Vivas just put something in the bag prior to us approaching the vehicle. I then walked up to Vivas and placed him and handcuffs and advised him that he was being placed under arrest. Vivas was read his Miranda warnings but declined to speak to us.

 

  Vivas and Mendoza where then transported to the Somerville Police Station by Marked Detention Unit #200 (Ofc Hartsgrove) to be booked by Lt. Sheehan. Mendoza’s vehicle was towed to the Somerville Police Garage via Pat’s Tow as I followed directly behind it the entire way. Vivas’/Mendoza’s cellular phone, US currency, and vehicle will be held for forfeiture proceedings.

 

I will also be filling an application for criminal complaint against YYYYY and ZZZZZ for the same charges as Mendoza and Vivas are charged with, which are:

 

94C S32A DRUG, POSSESS TO DISTRIBUTE CLASS B

94C S32C DRUG, POSSESS TO DISTRIBUTE CLASS D 

94C S40 CONSPIRACY TO VIOLATE DRUG LAW 

 

 

Respectfully submitted,

 

Detective Jason Costa #301