“Report entered by SPD Records Personnel based upon report by SHA (LC)”
This is a summary of facts for JP18016842
Charges: MGL. c. 266 s. 18 -BREAK AND ENTER DAY TIME
on 3/21/2018 did in the day time break and enter a building, ship, motor vehicle or vessel, the property of SOMERVILLE HOUSING AUTHORITY/BATISTE
MGL. c. 266 s. 120 TRESPASSING on 3/21/18 DEOLIVIERA did without right enter or remain in or upon the dwelling house, building, boat, improved or enclosed land, wharf or pier of another, after having been forbidden to do so by the person who had the lawful control of such premises, either directly or by notice posted thereon.
On Wednesday March 21, 2018 at approximately 1530 hrs. Chief Meade of the Somerville Housing Authority was dispatched to 1xx Highland Ave. for a male who had just committed a break and entry. Upon his arrival he observed a male fitting the description as DEOLIVIERA, JOANIR whose mother lives in the same building. According to Housing Services representative XXXX.
DEOLIVIERA used a piece of paper to defeat the motion detector on the courtyard door by feeding between the doors and triggering the door to unlock.
It should be noted he was arrested for this act on 4/6/16 for trespassing. Chief Meade located him outside of the building on the sidewalk and advised he was not to enter the building or he would be arrested. Chief Meade cleared as DEOLIVIERA left the area.
I, Investigator Granitsas came on duty at 1700 hrs and was advised of this incident by Chief Meade and that he wanted me to check the surveillance camera and see if he did enter the rear door, and possibly applying charges of breaking and entering. Chief Meade also indicated that DEOLIVIERA stated his mother had passed away in Brazil. Chief Meade requested I download the video of the incident and also conduct a Check condition on the apartment as it should be vacant and no one has permission to be there.
I went to the building and downloaded the video. Furthermore, Chief Meade advised that XXXX was advised by residents around 1530 hrs he made entry. I was able to observe DEOLIVIERA on our security camera enter the rear courtyard at approx 1532 hrs. He slides a piece of paper between the doors and then he pulled the handle to enter the building showing him defeating the lock. This door automatically locks from the outside and you need a FOB that is issued just to the sole resident to enter. DEOLIVIERA does not have this device nor has he been issued one.
He was encountered by two woman in the community room. (They will be identified by XXXX for purposes of the investigation). I downloaded the video and placed it on our department hard drive and went to his mother’s apartment #xxx with Investigator Browne. I knocked and announced our presence. I heard nothing, and made entry to the apartment. We observed DEOLIVIERA sleeping in his mother’s bed and no one around.
He was cooperative and admitted he was supposed to be here. The apartment appeared to be unkempt and his clothes and computer equipment was spread throughout the apartment. It appeared he had been in the apartment for a few months. I asked him how he entered the apartment and he stated he had a key made up.
He showed me the key and I confiscated it for evidentiary purposes. At this time, I placed DEOLIVIERA under arrest. He was searched and subsequently handcuffed to the rear and they were double locked. We then called for the transport wagon (200) for transport to start the booking process at the Somerville Police Station.
DEOLIVIERA indicated he is homeless but and used this apartment’s address for mail purposes. He is not on any lease for Somerville Housing Authority I requested our maintenance to change the locks of the apartment. DEOLIVIERA indicated that his mother had passed away and never gave him permission to be in the apartment. He did not provide a length of time that she had been gone. And he did not have any death certificate information.
Due to Chief Meades encounter and video evidence of the break, and the trespass served on DELOLIVIERA he is charged with the above charges. I will review further video of the incident in attempt to see how he reentered the building a second time.
Invs. Peter Granitsas #930
Somerville Housing Police Dept.