On 05/07/2018, I, Officer Christopher Collette was assigned to Somerville marked unit West Seven. At approximately 23:37 hours, I was dispatched to the area of 13xx Broadway, for the report of threats involving a firearm. Officer Clark was dispatched as well. While en route, Somerville Control advised all responding units that the suspect vehicle was a white sedan. Once on scene, Officer Clark and I spoke with the reporting party, XXXX. He stated that he had a road rage incident with a male, and the male told Mr. XXXX that he had a gun. While speaking with Mr. XXXX, he took note of a white sedan in the parking lot of 13xx Broadway. Mr. XXXX indicated to Officer Clark that this was the suspect vehicle. He then began to speed toward the suspect vehicle. I advised Mr. XXXX to stay away, and I started toward the suspect vehicle. Officer Clark and I stopped the vehicle, a white Ford Taurus, in front of 13xx Broadway.
Officer Clark ordered the operator, Douglas Brioso, to shut off the vehicle. Mr. Brioso complied. We then asked Mr. Brioso to exit the vehicle. He did not comply. As I spoke with Mr. Brioso, I did observe him reaching around the right side of his car seat, near the console. I advised him not to make any movements. Due to the possibility of a firearm being present, and with Mr. Brioso’s furtive movements, and non-compliance, I grabbed hold of his arms and prepared to pull him out of the vehicle. I was able to calm him down, and walk him to the rear of his vehicle. As Officer Clark and I spoke with Mr. Brioso, a female who identified herself axx, approached and began to question our purpose. I performed a pat frisk of Mr. Brioso and found no weapons on his person. As I began to explain that we were investigating threats involving a firearm, both parties indicated that they knew about the incident I was speaking of, but stated that no firearm had been involved.
I asked Mr. Brioso what happened. He said that he was driving Ms. YYYY home. At one point Mr. XXXX had cut him off. He then began to follow Mr. Brioso and Ms. YYYY. He stated that he exchanged words with Mr. xxxx, and did admit to telling Mr. XXXX that he had a firearm. He stated that he had been shot in the past and that’s why he made such a statement. He later added that he got out of the car to confront Mr. XXXX when both vehicles were within the parking lot. He then mimicked the appearance of a firearm with his hand in his pocket. Ms. YYYY corroborated Mr. Brioso’s account. However she stated that Mr. XXXX and a second black male followed them into the parking lot, parked behind them, and beeped. She stated that at that point, Mr. Brioso exited his vehicle to confront Mr. XXXX. Around this time, Officer Goulart, and Lieutenant Deoliveira arrived on scene. With the additional officers, Officer Clark and Officer Goulart were safely able to begin a pat frisk of the vehicle.
I then spoke with Officer Wyatt. He had spoken in more detail with Mr. XXXX, and his passenger, ZZZZ. Their account was identical to Mr. Brioso’s, however they claimed that Mr. Brioso was the aggressor and followed them. While speaking with Officer Wyatt, Officer Clark and Goulart were frisking the vehicle. During this pat frisk, Officer Clark recovered a loaded Kel Tec 9mm handgun in between the right side of the driver’s side seat and the center console. This is the area where I had observed Mr. Brioso to be reaching towards earlier in the encounter. Officer Goulart removed the magazine, and cleared a round from the chamber of the firearm. As a result of this discovery, Mr. Brioso was placed under arrest for possession of the loaded firearm. After finding the firearm, a search incident to arrest was conducted. Officer Clark discovered a bag containing a green leafy substance that appeared to be marijuana, in the glove compartment of the vehicle. I would estimate the weight of the marijuana to be approximately three ounces or more. A fixed blade knife was also recovered from the rear of the vehicle, just underneath the front seats. At this point, Mr. Brioso and Ms. YYYY became disorderly, and the search was suspended do to the volatile scene. Mr. Brioso was transported to SPD Headquarters for booking. His vehicle was towed to SPD Headquarters and followed by Lt. Deoliveira, in order to ensure the chain of custody, and complete the search incident to arrest in a controlled environment.
Once at the station, Lt. Deoliveira and I continued the search of the vehicle, incident to the arrest of Mr. Brioso. In the glove compartment, well within the grasping area of Mr. Brioso as he sat within the vehicle, I found two digital scales. I’d like to note that when this search had begun in the field, a large bag of marijuana was discovered in the same glove compartment. With the grasping area cleared, we then contacted Pat’s Tow to bring the vehicle to their lot for safe keeping. Prior to this and per SPD policy, the vehicle was inventoried in order to protect the interests of all involved parties. During the inventory search I discovered several blank prescription bottles that appeared to contain residue of marijuana, I discovered several glass canning jars, some smelled of fresh marijuana and appeared to have been used to store marijuana. A folding knife, in violation of a City of Somerville Ordinance, prohibited knives with a blade length greater than 2 1/2 inches was also found. Also, a safe was found in the trunk of the vehicle. Per the inventory policy of the SPD, we made an attempt to open this locked container. A barrel type key was found on Mr. Brioso’s keyring. It appeared to match the lock on the safe. We attempted to open the safe but were unable to do so using this key. In accordance with our container policy, as I did not believe the contents of the safe posed any imminent danger, the safe was not forced open. The vehicle was towed by Pat’s towing.
While at the station I attempted to run the serial number on the recovered firearm, but found the serial number to be obliterated. Utilizing the digital scales found in Mr. Brioso’s vehicle, I found a weight of 3.36 and 3.62. As the firearm was found loaded and ready to fire, and Mr. Brioso made statements that, “People were out to kill him”, a statement that was bolstered by the fact that he had been shot in the recent past, I believe that Mr. Brioso was aware that the firearm was loaded. I will be charging Mr. Brioso with possession of a loaded firearm, and possession of a firearm with an obliterated serial number. Due to over 3 .oz of marijuana being found in a glove compartment with two scales, and numerous other containers in the vehicle that appeared to have at one point contained marijuana, I will also be charging Mr. Brioso with possession with intent to distribute, Class D. At booking, Mr. Brioso was found to have $1215.00 is US Currency. I seized the money in connection with the possession with intent to distribute class D.
Patrolman Christopher Collette, B#302