On 10/23/2018 at approximately 07:36am I, Officer Scrugli, was assigned to uniform patrol to unit East-4. I along with Officer Bork (unit East-1 and Officer Messaoudi (unit East-3) responded to 3xx Broadway Apt #xxx for a report of a fight.
On arrival Officer Bork and I encountered the defendant James MacNeil in the lobby seemingly about to leave the building. Upon asking him what apartment he was coming from he was unable to give a clear answer. Mr. MacNeil stated that he was just over at a friends. His response and behavior appeared inconsistent and evasive so he was detained while we investigated the scene upstairs. Officer Messaoudi arrived on scene and proceeded up to apartment xxx while I stayed with Mr. MacNeil.
Officer Bork and Officer Messaoudi communicated from the 3rd floor that there was a victim and it might appear that Mr. MacNeil was involved. I asked Mr. MacNeil to come up to the 3rd floor with me and he was compliant. Once upstairs the victim XXXX was sitting on the hallway floor outside apartment xxx with injuries to his head and face, he had significant amount of blood on him. Somerville Fire and Cataldo EMS responded to the scene and treated XXXX who was then transported to Somerville Hospital.
The other individual involved in this incident is XXXX whose mother is the resident of apartment xxx where the incident took place. Once upstairs Mr. MacNeils story changed and he now admitted that he did know XXXX and XXXX. XXXX indicated to officers that Mr. MacNeil had assaulted him with his fists and a set of brass knuckles. Mr. MacNeil was pat frisked by Officer Messaoudi for safety and upon the pat a hard object was felt and Mr. MacNeil was asked what it was and he did not reply. The following contents were found; brass knuckles with what appears to be dried blood on them, XXXX s Identification, small black and red headphones zipper pouch, one black and silver butterfly folding knife, one rolled up and dollar bill held by tape. Mr. MacNeil also had other personal items that were inventoried at booking later.
XXXX at the scene stated that it was Mr. MacNeil who had assaulted him with closed fist punches and with the brass knuckles. It should be noted that XXXX was in a state of shock and could not give us a detailed account of what had occurred. XXXX and Mr. MacNeil both denied the assault and blamed each other. I placed handcuffs on Mr. MacNeil and they were double locked and checked for tightness. Another search of Mr. MacNeil was conducted and within the red and black headphones zipper pouch we discovered a clear baggy with white rock like substance believed to be cocaine along with 7 small yellow baggies. Mr. MacNeil also had other personal items that were inventoried at booking later.
The prisoner transport wagon unit 200 was requested to the location. Mr. MacNeil was transported to Somerville Police Station and booked in the usual manner by Sergeant Holland.
At the scene I gathered XXXX s information and also recovered a bloody T-Shirt from the hallway also I photographed the blood smears on the outside of apartment xxx. The photographs of the door and XXXX s injuries will be attached to the report.
Units cleared the scene and Officer Messaoudi conducted a follow-up with the victim at Somerville Hospital. XXXX was now in a clearer mind and explains that the events of the night as follows. At around 3am XXXX and Mr. MacNeil who are acquaintances invited him to 3xx Broadway, Apt xxx to drink and smoke weed. XXXX states that he passed out on the couch; he woke up about 6:30am and started getting ready for work. XXXX was approached by XXXX and Mr. MacNeil who he says goes by the name Gup and was asked for drugs specifically Xanex. XXXX told them he did not have any and at that point they pulled his pants down to his ankles and searched him. XXXX states that XXXX struck him in the head using brass knuckles, and then Mr. MacNeil began punching him. According to XXXX at some point XXXX was in possession of the brass knuckles and again struck him. XXXX attempted to leave the apartment but was not allowed and they continued to assault him. XXXX eventually was able to escape and knocked on the neighbors door for help to call 911 for police. The reporting party the resident of apartment xxx is a XXXX.
In light of the XXXX s clarified statement I will also be filing a summons complaint on XXXX for Assault and Battery with a Dangerous Weapon (Brass Knuckles).
Mr. James MacNeil is charged with:
– Assault and Battery with a Dangerous Weapon (Brass Knuckles)
– Possession of a Class B Narcotic
– Carrying a Dangerous Weapon (Brass Knuckles)
– City Ordinance Violation Possession of a Dangerous Weapon (Butterfly Knife)
The Following was tagged into evidence:
– Brass Knuckles
– Folding Butterfly Knife
– Bloody T-Shirt
– Sweatshirt worn by MacNeil with blood on the front
– Zipper Headphones case with baggy of cocaine
– Rolled up dollar bill
Officer Steven Scrugli (#348)