On the above date and time, I was assigned to a paid detail assignment in the area of Beacon St. and Forest St. As I was monitoring the traffic on the roadway, as well as pedestrian traffic in the area. My attention was drawn to a male who was standing near the intersection of Beacon and Forest St. Due to the roadway being under construction and a large excavator blocking the area, I advised him to go back around the machine to cross the roadway. The male ignored my request and began to cross Forest St. which was very close to the excavator as he was crossing. The male began to yell at me and the approximately 10 construction workers in the area. He was taunting and swearing at some of the workers at which time he got into a heated exchange between two of the workers on the sidewalk. I would note at this time Beacon St. was down to one lane of traffic and vehicles had to alternate turns to drive safely down Beacon St. I had to leave my position on the roadway to prevent the argument from escalating and turning physical. I was finally able to calm down the construction workers and informed the male, who was later identified as Carlos Aguilar, to leave the area immediately. He argued with me for a short time and started to walk away, and every so many feet would stop and turn around continuing his tirade. As I observed Aguilar walking down the road approximately 50 yards from our initial encounter, I observed him passing by a male and female construction worker from my job site, and I could tell there was another argument taking place. The two workers were returning from another area and did not witness or were aware of the initial problem with Aguilar. I then noticed that they were now getting into an argument with him as well. I then had to go down the street to intervene with that argument. As I approached them, I observed the defendant grab the female’s arm and the male worker then stepped in to push the defendant out of the way just as I arrived. I once again informed Aguilar to leave the area which he eventually complied, but not before making threats to come back. I observed Aguilar walking away from the area until he was a good distance away from the work zone and returned to my assigned area to direct traffic.
Approximately 15-20 minutes later a couple of the construction workers were attempting to get my attention while I was directing traffic informing me that “he was coming back.” I then looked down the street and observed Aguilar walking back up the sidewalk (on the same side as the construction site). As he got close to the area I motioned for him to cross the street as I have with all of the other pedestrians throughout the day, as I did not want him to start and more arguments with the workers. As I observed Aguilar crossing the street about 30 feet from me, I observed a large brick in his right hand. I kept eye contact with him while trying to maintain a safe distance from him. He made his way to the sidewalk as I was still standing in the middle of the street about 10-15 feet from him. As he got directly across from me he again began to yell and raise the brick slightly above his waist. This caused two pedestrians who were near him to immediately cross the street away from him. He stood in that spot for about a minute continuing to yell at me and the rest of the construction workers. At one point he again raised the brick to approximately chest high while pointing at me and the construction workers with his free hand. At this point I notified dispatch to have the area cruiser come to assist since I did not know if his actions would escalate further and try and attack myself or one of the many workers on the job site. I informed him to put the brick down and he then slowly started walking away with the brick still in his hand. When he got a short distance away he again turned around towards us pointing the brick in our direction and yelling and then slammed the brick down on the ground and began to leave the area. I then went and got into my vehicle and located Aguilar on Somerville Ave. near Mossland St. I exited my vehicle and placed Aguilar in handcuffs (double locked) and was assisted by Ofc. Reece in detaining Aguilar until the mobile transport unit (200) arrived.
Aguilar was placed under arrest for Assault with a Dangerous Weapon to wit a Brick (C265 S15B) and Disorderly Conduct (C272 S53). He was transported to the Somerville Police Station via unit 200 and booked in the usual manner by Lt. Sheehan. The brick was secured and placed into evidence and will be made available upon request.
Respectfully,
Sgt. Scott Whalen #245