On the above date and time, while assigned to Car E-2, in full uniform, operating a marked Cruiser, Car E-2, I was dispatched to the area of Bull McCabe’s bar at #366 Somerville Ave, for a report of a disturbance, a possible fight, with possible injured parties on the ground. Upon my arrival, I observed Off. Thomas Lambert exit his vehicle and sprint over to defendant Choute. I observed a tall B/M in a dark hoodie and a shorted male with a white T-shirt type shirt running around in the street and on the sidewalk. I exited my vehicle and immediately went over to defendant Doura (white T-shirt). I observed both parties acting aggressively, posturing in fighting stances, yelling and screaming, pushing people around on the sidewalk and the street. Numerous other individuals (patrons at Bull McCabes) were pointing at both defendants as the source of the disturbance. Both defendants were loud, boisterous, yelling and screaming obscenities, and putting people in fear. The peace and tranquility of the neighborhood was disturbed. I advised them to quiet down or I would place them under arrest for Disorderly. They continued to create a disturbance that woke the nieghborhood from their sleep. I observed several apartments that were lit up with people watching the disturbance and several of the area residents came out of their residences to view the disturbance and to speak to me. The unnamed residents related the unruly behaviour of both defendants in the disturbance. At this point, defendant Doura was continuing on with his loud and boisterous activity and would not stop. As a matter of fact, Mr. Doura accused me of being a racist due to the fact that I was placing him into handcuffs for safety concerns. I was observing defendant Choute being louder than defendant Doura and would not cease in his loud and boisterous behaviour. I placed defendant Doura under arrest for Disorderly Conduct and advised Off. Lambert to place defendant Choute under arrest for Disorderly Conduct. I then called for the Prisoner Transport Vehicle, Wagon #200, to transport both defendants to the Station, where they were booked and advised of their rights by Lt. DeOliveira.
Once the defendants were placed in custody, with the assistance of several other units, due to the out of control disturbance, I was able to speak with several other patrons of Bull McCabe’s, relative to the disturbance. It was at this time, I discovered that there were several injured parties as a direct result of both defendants actions at Bull McCabe’s. I spoke to the following injured parties and I will note their injuries caused by one or both defendants:
Victim #1 – XXXX – received obvious facial swelling, a bloodied nose, a cut and bloodied lip, and swelling in the facial area. XXXX was assaulted by defendant Choute. He was struck by defendant Choute and ended up on the ground, defenseless, covering his face from further injury,
Victim #2 – XXXX – received numerous lacerations and obvious swelling in his left eye area and face. XXXX was sucker punched by defendant Doura causing the eye injury,
Victim #3 – XXXX – received cuts and abrasions on his left arm and elbow, obvious redness and bruising in his right rib area, and cuts and abrasions on his left knee. XXXX had some swelling on the right side of his face and forehead. XXXX received these injuries originally from defendant Doura and subsequently from defendant Choute, when he jumped XXXX from behind, while he was defending himself from defendant Doura.
Once order was restored, I had an opportunity to speak with the bartender, XXXX, relative to the diturbance/fight. XXXX stated that he announced that it was closing time and asked the several remaining patrons to finish their drinks and exit. All was progressing smoothly. Both defendants had disregarded his last call and continued to drink. XXXX announced the closing call again. Both defendants once again disregarded the call to exit. Defendant Choute started to make his way toward and out the door. Defendant Doura was ignoring the call to exit. At some point, XXXX started to escort defendant Doura toward and out the door. Both defendants were outside and started yelling and screaming, being verbally abusive to anybody in the area, and acting in a hostile and threatening manner to the patrons that had exited Bull McCabe’s. They were being confrontational to any and all persons in the vicinity of Bull McCabe’s. Choute became quite angry and started to yank and pull on the door until the door started to come off it’s hinges, thereby vandalizing the door to the point that it was not able to be locked and secured. XXXX had made his way to the door and to the sidewalk in front of Bull McCabe’s, when he was confronted by Doura. At this point Doura assaulted XXXX and XXXX defended himself. Both parties went down to the ground with XXXX on top of Doura. At this point, Choute jumped XXXX from behind and began to assault him. Somehow, Doura and Choute freed themselves from XXXX and went on a rampage in front of Bull McCabe’s. The defendants started assaulting anybody they could at this point. It was at this time that Doura sucker punched XXXX causing the severe injuries to his face and eye. Choute meanwhile started assaulting XXXX to the point where he knocked him to the ground and continued assaulting him. All XXXX could do was cover up from the assault. He was defenseless on the ground.
I was able to speak to two additional witnesses to the mayhem that both defendants created at Bull McCabe’s. I spoke to witness XXXX who stated that he witnessed defendant Choute assaulting victim XXXX for no reason. I also spoke with witness XXXX who stated that he witnessed defendant Doura sucker punch victim XXXX. He also stated that he observed defendant Choute attack victim XXXX from behind while he (XXXX) was defending himself from defendant Doura, while on the ground.
Based upon the above stated facts and circumstances, I placed both parties under arrest for the above stated charges and they were transported to the Station, where Lt. DeOliveira booked and advised them of their rights. I did photograph the 3 victims and their injuries relative to the assault by the defendants in this matter.
Det. James McNally #80
Somerville Police Dept.