On 5/15/2019, I (Officer Devin Schneider) was in full uniform while assigned to marked cruiser East-1 during the 4pm-12am shift. The following report is a summary of the events that I witnessed, as they pertain to incident #19026739:
At approximately 8:05 pm, I responded to the Bairos Liquor store (78 Broadway) for a report of a male who had punched XXXX in the face. I arrived on scene within a couple of minutes, where I observed a male (later identified as Noe Hernandez) walking westward on Broadway, shouting in Spanish. I was flagged down by another male (later identified as XXXX) who was following Hernandez. XXXX was pointing at Hernandez, and shouted, “that guy is running around punching people!”
With my cruiser’s blue lights activated, I pulled up the to Hernandez at the corner of Broadway and Franklin Street where I ordered him to stop. Hernandez aggressively approached me while shouting something in Spanish. I observed a laceration that was bleeding on Hernandez’s face. I ordered Hernandez multiple time to stop, and held my hand out, palm away, indicating that I wanted him to stop. Hernandez continued to approach me. I grabbed Hernandez’s arm in an attempt to control him. Hernandez broke away from my grip, and moved away from me.
At this point, Officer Canty (East-4) arrived on scene. Hernandez assumed a fighting stance and rushed at me again. With my department issued O.C. cannister, I sprayed Hernandez in the face with a 1 second burst. Hernandez fell to his knees. Officer Canty and I moved in to handcuff Hernandez. Hernandez struggled physically with Officers, and attempted to pull his arms away. Officer Canty and I wrestled Hernandez to the ground.
As soon as Hernandez made contact with the sidewalk, I heard the sound of something metallic hit against the concrete. I looked towards the source of the sound, and observed a disposable razor blade lying on the sidewalk, about six inches from Hernandez. Based on Hernandez’s stance, and the way his hands were clenched, I believe the razor blade fell from Hernandez’s hand when he made contact with the ground.
After a brief struggle, I was able to place Mr. Hernandez in handcuffs. I would note: during the entirety of the incident, a crowd of 10-15 people had gathered on the street corner to watch the spectacle. Traffic on Broadway was moderate, and vehicles were slowing down to observe the commotion.
I called for EMS to evaluate Hernandez. I then followed up with XXXX. According to XXXX, he had observed Hernandez strike a Bairos store employee by punching him in the face. Hernandez had then pushed XXXX. XXXX did not wish to press charges, or be involved in any criminal proceedings.
I went to Bairos where I spoke to the alleged victim: XXXX. According to XXXX, he had an issue with Hernandez on 5/11/2019, because he would not sell him liquor. On 5/11/2019, Hernandez had pulled his hair. Today, XXXX was outside the store, talking to a friend of his (later identified as XXXX.) Hernandez had then approached XXXX and sucker punched him on the left side of his face. I observed a small laceration on XXXX ‘s left temple, and what appeared to be some swelling. XXXX did not wish to press charges. I located XXXX, who had been on scene for the entire event. XXXX ‘s statements mirrored XXXX ‘s.
Hernandez was evaluated by Cataldo EMS. Hernandez refused medical treatment on at the scene. Hernandez was then transported back to the station in prisoner transport unit 200, operated by Officer Edna DaCosta. At the station, Hernandez was booked in the usual manner by the Commanding Officer: Lt. Jeff DiGregorio. EMS was called to the station, and Hernandez was transported to Somerville Hospital for treatment.
I will be filing the following charges against Hernandez:
-Ch. 272 / S. 53: Disorderly Conduct
-Ch. 268 / S. 32B: Resisting Arrest
I would respectfully note: during the struggle to handcuff Hernandez I sustained a 1/4 inch laceration on my left wrist. Attached digitally to this report is the picture of the razor blade.
Officer Devin Schneider