On November 29, 2018, I, Officer Tim Van Nostrand, was on duty, and assigned to uniform patrol in marked cruiser East 1. At approximately 6:52pm I was dispatched along with Officer Shaun Clark (East 4) to XXXX Restaurant at xx Broadway for a dispute. Upon arrival, I spoke with XXXX, who stated a male who had attacked her over the summer inside the restaurant, had come in tonight and began threatening her, and yelling incoherently. XXXX provided me with paperwork from the probation department at Somerville District Court, outlining conditions for Francisco Resate-Reyes. Reyes was ordered by probation to stay away from XXXX, and to not abuse alcohol or drugs. XXXX and witnesses pointed to a short Hispanic male in a yellow sweatshirt inside the barbershop xxxxx.
We proceeded to the barbershop and identified the male as Francisco Rasate-Reyes. Reyes was heavily intoxicated. I spoke to him in English, and one of the barbers was able to translate to Spanish to ensure a clear line of communication with Reyes. Reyes was told to stay away from the restaurant and XXXX. Reyes stated he understood.
XXXX was advised to contact 9-1-1 if he returns, and that I would be contacting his probation officer. I returned to my cruiser, and observed Reyes exit the barbershop and stumble around in the middle of Broadway and Franklin St. As I made my way out of the cruiser, Reyes walked directly toward the door at XXXX. Reyes ignored my verbal commands to stop and walked to the door of the restaurant. I grabbed Reyes and prevented him from entering the restaurant. Reyes tensed up and pulled away from me and attempted to taunt XXXX. There were other patrons inside the restaurant who appeared afraid of Reyes.
I informed Reyes he was under arrest and to place his arms behind his back. Reyes turned around and faced me and tucked his arms tight to his body preventing me from placing handcuffs on him. After numerous instructions, I guided Reyes to the ground, where he continued to resist. I administered a quick one second burst of OC to Reyes face. With the assistance of Officer Clark, I was able to place Reyes into handcuffs.
Officer Justin Brown responded in unit 200 and transported Reyes to the station where he was booked by Lt. deOliveira for Trespassing, Disorderly Conduct, and Resisting Arrest.
Officer Tim Van Nostrand
Somerville Police Dept.