On 5/9/2019, I (Officer Devin Schneider) was in full uniform while assigned to marked unit East-1 during the 4pm-12am shift. The following report is a summary of the events that I witnessed, as they pertain to incident #19025597:
At approximately 6:00 pm I responded to Stop and Shop, located at 779 McGrath Highway, for a report of a shoplifter from the night prior, who was alleged to have pulled a knife on an employee. Upon arriving I met with Store manager XXXX. I learned the following information from XXXX:
At around 10:20 pm on 5/8/2019, a male came into the store and attempted to steal a bag of groceries (milk, candy bars, a couple of bake shop items, and several unknown items, estimated to be $50) XXXX confronted the suspect, and was able to retrieve the items. A few minutes later, the suspect returned and selected several groceries (chips and muffins) from the vestibule area. The suspect was approached by a member of the overnight staff, XXXX. The suspect then displayed a knife to XXXX, and left the store with the stolen groceries.
I was then shown store surveillance video of the suspect by Loss Prevention Officer XXXX. The video was from the vestibule area, where I observed the suspect selecting several groceries before leaving the store. XXXX was not on scene, and I was advised that he would not be in until 10:30 pm. I advised the store employees that I would be back to take his statement at that time.
At approximately 6:45 pm I was in the area of the East Branch Somerville Library, located at 115 Broadway. It was at this time that I observed a male, later identified as Paul Anderson, sitting on the wall outside the library. Next to Anderson on the wall, was a brown paper bag with what appeared to be an open container of alcohol in it. Anderson appeared to be the suspect from the video I had just watched about 15 minutes earlier. I radioed in my location to dispatch, and approached Anderson.
I approached Anderson and asked for his name, which he provided. I informed Anderson that he matched the description of a suspect from a shoplifting incident, and he stated that he was not the suspect. Anderson then stood up, picked up his container of alcohol, and attempted to walk away from me. I informed Anderson that he was not free to leave, and Anderson became aggressive. I ordered Anderson to stop, and he refused to comply. I placed Anderson into the escort position, and be began to struggle with me. At this point Officer Pat Canty, and Officer Marika Duval (East-4) arrived on scene. I placed Anderson into handcuffs in a manner consistent with my training (double locked, checked for proper tightness.)
At this point, another male party ran from across the street, and approached within 2 feet of me. The male, later identified as Shannon Mckim, began yelling at me, stating “Why are you arresting him, this is America.” I ordered Mckim to step away from me, and informed him that he was interfering with a police investigation. Mckim took one step back, but was still within arms reach of me. I ordered Mckim to step 10 feet back, and he refused to comply, continuing his verbal tirade. Mckim then attempted to engage Anderson, stating “don’t answer them. I want to know why you are arresting him. Don’t worry, they are all going to lose their job.” I ordered Mckim 2 more time to step back 10 feet, and he continued to ignore me. I informed Mckim if he did not step back 10 feet, I would be forced to arrest him. Mckim shrugged and stated, “is your job really worth it.”
I placed Mckim under arrest, handcuffing him in a manner consistent with my training (double locked and checked for proper tightness.) I asked Mckim to identify himself, and he refused. The prisoner transport unit (unit 200) arrived on scene, operated by Officer Thomas Lambert. I advised Mckim that if he identified himself, I would release him and summons him to court instead. Mckim again refused to identify himself.
Mckim and Anderson were transported back to the Somerville Police Department in unit 200. At the station, Anderson was booked in the usual manner by the commanding Officer: Lt. Jeff Digregorio. Mckim refused to identify himself at the booking window initially. After a second attempt to book Mckim, he identified himself.
I conducted a follow-up at Stop and Shop, where I confirmed that the suspect from the shoplifting incident was indeed Anderson. Paul Anderson will be charged with the following crimes:
Somerville City Ordinance Ch.9 / S.1: Open Alcohol Container in a Public Place
M.A. General Law Ch. 265 / S. 17: Armed Robbery
Shannon Mckim will be charged with the Common Law violation of: Interfering with a Police Officer
I will be attaching a digital photograph of the 25 ounce, partially full can of Natural Ice beer that was in Anderson’s possession.
Respectfully submitted,
Officer Devin Schneider
Badge #295
ok. To be fair to me – I never raised my voiced – at least not to the point where I was “yelling” at the police. Although, I was very very adamant – not saying I was right, although I may have been well within my rights – but regardless, I was (quite obviously) doing what I thought was right and obviously believed we were well within our rights – and that our rights were being violated – both Paul’s and mine. And speaking of rights – you know, neither one of us were ever read our rights – our Miranda rights – before or after we were arrested and charged. I wasn’t at least, and I didn’t hear anyone read Paul his rights either – which is why I told him not to talk to the police – that he did not have to answer you (especially since he was in handcuffs and appeared to have no idea why – he asked repeatedly and received no real answer from anyone….at least not while I was there.) The Assistant DA I spoke to in court said if we were arrested that we should have been read our rights before we were arrested and charged with any crime of any kind – and that that could be grounds for dismissal if true. He gave me the option of dismissing the case and paying a 150 dollar court cost fee or dismissing the case and doing community service instead of paying the fee – or going to trial, and I chose the former – community service. So anyway, at least make sure people get read their rights at least – before you take them into custody and take away their freedom. Why should I tell you my name – if you didn’t read me my rights – and inform me of my right to remain silent – a basic Constitutional right – before you take people into custody and place them in a cell – until they divulge their name even though, you know, no one ever needed to read me my rights.