On the above date and time, Officer Paul Anderson and I, were dispatched to 2XX Washington Street, XXXXXXXXX, for a disruptive and unruly person. Note: XXXXXXXXXXXXXXX is a XXXXXXXXXXXXXX.
Upon my arrival, I was met by XXXX, an employee of XXXX. XXXX stated that she approached the defendant, Daphne Ndichu, because she was listening to music and it was disruptive to the other xxxxxxxx. As XXXX was speaking to Ndichu, she could smell the odor of an alcoholic beverage emitting from Ndichu’s breath. XXXX ask Ndichu if she had consumed alcohol, and Ndichu admitted that she did. Note: XXXXXXXXXXX prohibits the use of illicit drugs and alcohol. XXXX stated that it is the policy xxxxxxx to alcohol test, via portable breathalyzer test, individuals who appear or are under the influence of alcohol. Ndichu refused to take the test and attempted to strike XXXX with a closed fist, however, the door obstructed her advance. Ndichu began swearing at the other women loudly as she was walking towards the locker room. It was at that moment XXXX contacted the Somerville Police Department.
I was informed by XXXX that because Ndichu violated the “No Alcohol Policy,” she was banned from xxxxxxx for seven days. I then approached Ndichu in the locker room. I informed Ndichu that she was banned from xxxxxxxxxx for seven days, and that she needed to collect her belongings and leave the premises. She asked if she could grab her belongings from the locked locker. I did agree under the condition that she would collect her belongings quickly. After numerous failed attempts by Ndichu to unlock the combination lock, I asked Ndichu if she had the correct locker, and her response was, “Shut the fuck up you are messing me up.” I asked if she needed help with the combination lock and she agreed. At this point XXXX had escorted Officer Anderson to my location. I asked XXXX if the locker we were attempting to unlock belonged to Ndichu, and XXXX stated that she did not know if that locker was assigned to Ndichu. Ndichu became enraged and began shouting at XXXX, “Shut the fuck up you cunt ass bitch!” As Ndichu made that comment towards XXXX, Ndichu began heading in XXXX ‘s direction, and at the moment I placed Ndichu under arrest.
A search of Ndichu’s purse and jacket for inventory was conducted on scene. One empty 375 ml bottle of Smirnoff 100 Proof Vodka, one 750 ml bottle of Smirnoff 100 Proof Vodka (approximately three quarters of the bottle was empty), and a small bag of marijuana was found in Ndichu’s purse. The remaining alcohol was disposed of on scene, and the marijuana was confiscated, logged and tagged for destruction.
While waiting for Prisoner Transport Vehicle 200, Ndichu began screaming curses and racial slurs at me. Ndichu would say things such as, “You’re going to die Nigger.” “I know what you are Nigger.” “You’re going to see Nigger.” “I hate what you do Nigger.” “Fuck you, you fat Nigger.” Note: There were two individuals who stopped walking on the sidewalk at 2XX Washington Street, and appeared to be looking in our direction while we were waiting for 200.
Ndichu was transported to the Somerville Police Station by Officer Michael Cleary. During processing at the station, Ndichu struck Officer Courtney Reece on the face with an open hand. Officer Reece will file a supplement report detailing that incident.
Officer Eduardo Soares