On the above date and time, Officer Devin Schneider and I, were dispatched to xx Central Street for two unknown males entering the first floor apartment from the rear door.
Upon our arrival, I was met by the landlord, XXXX. XXXX stated he was in the backyard with his nephew’s dog, when he observed two males approach the rear door. XXXX asked the defendant, Rubin Marques, what he was doing on the property. Marques replied he was allowed on the premises by his cousin, YYYY, the first floor tenant. XXXX then escorted the dog into the house, and when he returned to the backyard, Marques and the other male were gone.
XXXX stated during the interview, “I feared for my safety, because I didn’t know who the hell they were.”
I asked Officer Schneider to cover the rear door prior to my approach of the first floor apartment front entrance. I knocked on the front door, and identified myself as a Somerville Police Officer. Marques opened the door just enough so that the door chain was taut. I immediately could smell the odor of marijuana coming from within the apartment. I informed Marques that I was dispatched to the apartment because there were concerns by the landlord regarding Marques presence inside the apartment. Marques closed the door.
I informed Marques that I knew he was in the apartment, and that I could smell the marijuana. Marques opened the door a second time. I informed Marques that we could speak outside the apartment if he was nervous about my observation of the marijuana. He agreed to speak with me outside, however, he slammed the front door. Within seconds Officer Schneider transmitted via radio transmission, that Marques had fled out of the rear door. Officer Schneider was successful in detaining Marques.
Officer Christopher Fusco arrived on scene, and he also advised Marques of his Miranda warnings.
I asked Marques the reason for fleeing, and he responded that he fled out of the backdoor because he wanted to speak to me at the front door. I found it unusual that a person would exit the rear entrance to converse with someone at the front entrance, when we were already speaking at the front entrance.
Marques stated his cousin, YYYY, authorized his presence there. Numerous unsuccessful attempts were made at calling YYYY via cell phone by XXXX and Marques. Marques did have a key which unlocked the rear door.
Note: XXXX mentioned that YYYY is very rarely at the apartment, and the last time he saw her at the apartment was approximately one week ago. XXXX also stated that he did know Marques personally.
YYYY post arrest (approximately 2-3 hours later) entered the Somerville Police Station, and informed me that she did allow her friend, Marques, to enter her apartment. Note: Marques identified YYYY as his cousin, however, YYYY identified Marques as her friend, and not her cousin.
Officer Eduardo Soares