On Tuesday 11/28/17 at approximately 8:50 P.M., I was travelling southbound on McGrath Hwy (Rte28) in an unmarked police cruiser with Det. John Thermidor and Sgt. Michael Capasso. As we approached the Washington Street exit, we observed a dark colored Mercedes swerve from the middle lane into the outside lane in order to make the exit. In doing this, the Mercedes cut off another vehicle in traffic causing it to apply its brakes to avoid hitting the Mercedes. I would like to note that this lane change was very abrupt and no signal was given. The Mercedes then took the exit and proceeded towards Washington St. at a high rate of speed. Upon making these observations, Det. Thermidor activated his blue lights and siren and initiated a motor vehicle stop of this vehicle in front of 282 McGrath Hwy (Rte 28). I would like to add that McGrath Hwy (Rte28) is a public way in the City of Somerville.
Myself and Det. Thermidor then exited our cruiser and approached the Mercedes. Det. Thermidor at that time engaged the operator of the Mercedes in conversation. The operator, who was later identified as the above mentioned defendant Mr. David MCCollin, was asked to turn off the motor vehicle and provide Det. Thermidor with his driver’s license and registration. Mr. MCCollin complied with this request. Det. Thermidor at that time notified Dispatch of the stop and asked them to conduct an RMV check of Mr. MCCollin’s license. Shortly thereafter, Det. Thermidor was informed by Dispatch that Mr. MCCollin’s license status was suspended. Det. Thermidor then returned to the driver’s side window along with Sgt. Capasso and informed Mr. MCCollin of his license status. He also informed Mr. MCCollin that his vehicle was going to be towed and that he was to exit the vehicle. Mr. MCCollin complied and was then instructed to proceed to the rear of the vehicle and place his hands on the trunk.
Mr. MCCollin was escorted to the rear of the vehicle by Sgt Capasso who then attempted to conduct a pat frisk of Mr. MCCollin’s person. Sgt. Capasso began the pat down and as he reached the front of Mr. MCCollin’s waist band, Mr. MCCollin leaned into the rear of the vehicle with his groin area. This action denied Sgt. Capasso access to Mr. MCCollin’s waist and groin area. Mr. MCCollin was then pulled away from the vehicle as Sgt. Capasso made a second attempt to search Mr. MCCollin’s waist and groin area. Again Mr. MCCollin leaned into the vehicle denying access to that area. I then reached out and grabbed Mr. MCCollin’s arm and asked what he was hiding in his waist band. Mr. MCCollin at that point looked over his shoulder and responded “It’s just some weed”. When asked how much weed, he responded “Couple grams”. I then asked why he would stuff a couple of grams of weed down his pants knowing it’s no big deal. Mr. MCCollin then looked up at me and took off running. Mr. MCCollin did not travel far before he was taken to the ground by myself and Sgt. Capasso. After a brief struggle, Mr. MCCollin was handcuffed without further incident. Myself and Sgt. Capasso once again attempted to search the area of Mr. MCCollin’s waist and he resisted. I then informed Mr. MCCollin that he was under arrest and that we would be conducting the search regardless of his cooperation. Det. Thermidor at that time called for the Transport Wagon and Sgt. Capasso subsequently began an inventory search of Mr. MCCollin’s vehicle. During this search, Sgt. Capasso observed a clear plastic baggie in the center console which appeared to contain a white powdery residue. He also observed a small blue pill which through his training and experience, he was able to identify as a 30mg Percocet tablet. Upon observing Sgt. Cappasso make this discovery, Mr. MCCollin stated “Yeah it’s a perc, I got a problem with that shit, I need them”. At that time, Mr. MCCollin also admitted to having a small amount of pills secreted in his waist band area.
Myself and Det. Thermidor at that time escorted Mr. MCCollin into a driveway out of public view. Mr. MCCollin at that point cooperated with the recovery of two clear plastic bags from his groin area. The recovery of these two clear plastic bags revealed one which contained a white powdery substance. Based on my training and experience I believed this powder to be Cocaine. The other bag contained a yellowish rock like substance which based on my training and experience I believed to be Crack Cocaine. Mr. MCCollin was at that point transported to the Somerville Police Station via the transport wagon. Once there he was booked and informed of his rights by Lt. W. Rymill. A further search of Mr. MCCollin’s vehicle revealed an additional amount of crack cocaine and a small amount of a green leafy substance believed to be Marijuana. Please refer to Sgt. Cappasso’s supplemental report for a more detailed account of the vehicle search. Mr. MCCollin’s vehicle was towed from the scene by Export Towing and he was issued Citation #R8325923 for the Chapter 90 Violations. In addition, during a further search of Mr. MCCollin at the booking window an additional three 30mg Percocet Tablets where discovered secreted in his shoe. Det. McNally will be filing supplemental report with regards to all evidence seized in this case. The preliminary weight of the cocaine seized was approximately 20Grams of Cocaine powder and approximately 12 grams of Crack Cocaine.
Sgt. Daniel F. Rego