On Tuesday, May 28, 2019, while assigned to Bravo unit, I was monitoring vehicular traffic with Officer Khoury on Mystic Avenue (public way in the city of Somerville). At approximately 5:00 P.M., we observed a black Toyota Camry bearing Massachusetts registration xxxx traveling East on Mystic Ave, failed to display headlights while it was raining and the wipers were on.
We stopped the vehicle at the intersection of Mystic Ave and McGrath Hwy. I approached the vehicle from the passenger side, requested license and registration from the operator, and identification from the passenger for failure to wear a seatbelt, and informed them of the reason of stop.
The driver stated to me that the vehicle is a rental car that he had for almost a month and he did not have a license or registration on him. The passenger stated that he did not have an ID on him. While talking to the operator, I observed a baggie of marijuana and white prescription bottle in front of the gear shifter.
Officer Khoury informed me that the vehicle is registered to XXXX, a business known to rent vehicles to individuals involved in criminal activities, and their vehicles have been used to conduct criminal acts in the metro north area.
The operator was unable to produce his driver’s license, registration or rental agreement upon request. That, coupled with the history of XXXX vehicles being used in criminal activity, the presence of baggie of marijuana and a white prescription bottle with no label in plain view, I had a heightened awareness and safety concern. I asked the operator and passenger to put their hands on the dashboard. Despite being told to keep his hands on the dashboard, the passenger disregarded my commands, and placed his hands inside the center console where I could not see them.
At this time, I ordered the passenger to put his hands on the dashboard and requested Somerville Police control to send an additional unit. Officer Morel and his field training officer Schneider responded as backup.
At this point, I determined that an exit order was necessary for officers’ safety. I opened the driver side door and asked the operator to step out of the vehicle. The operator refused to exit, pulled the door and attempted to close it. I ordered the operator to exit a second time and he complied. Officer Schneider conducted a pat frisk of the operator, Officer Khoury removed the passenger from the vehicle, and pat frisked him for weapons.
I frisked a bag that was directly in front of the passenger and felt multiple hard objects ranging in multiple shapes and sizes. I opened the bag and found a digital scale, 2 empty prescription bottles, 28 empty ziplock bags, 5 bags containing 3.5 grams of marijuana, and a roll of medical cannabis labels containing hundreds of labels. The labels stated “Medication in this package was distributed in compliance with local state initiatives regarding medical cannabis laws. It may be legally obtained only by a qualified patient…” Based on the items I located inside the bag, I believe that the labels were being used to mask the illegal distribution of drugs.
I removed the baggie of marijuana and the prescription bottle I saw earlier near the gear shifter. Inside the bottle, I located five individually knotted clear baggies containing a white rocky substance, based on my training and experience appeared to be crack cocaine.
I identified the driver as Marcus COLE, and the passenger as Leroy LIVINGSTON-GALES. I placed COLE under arrest for possession to distribute class B, and LIVINGSTON-GALES for possession to distribute class B, and class D.
During the inventory, I located an open bottle of Hennessy in the back seat, and 15 power tools in the trunk. These tools had a spider wrap security device. COLE stated that he bought the tools from someone. I informed COLE that he will be charged with receiving stolen property over $1200.
I issued COLE citation# T1318121 for failure to display light c.85 S.15, seatbelt violation c.90 S.13A, and open container of alcohol in M.V c.90 S.24I and a citation for city ordinance violation / open container of marijuana in M.V c.94G 13d. LIVINGSTON-GALES was issued citation# T1318122 seatbelt violation c.90 S.13A, and open container of alcohol in M.V c.90 S.24I and a citation for city ordinance violation / open container of marijuana in M.V c.94G 13d.
I located four $20 bills next to the crack cocaine, and one $20 bill in COLE’s left pant pocket, and two $20 dollar bills and six $1 bills in LIVINGSTON-GALES’ right pant pocket. Cash, drugs and stolen property were confiscated/seized and will be placed into evidence.
The defendants were transported to Somerville Police headquarters via unit 200, operated by Officer T. Lambert and booked by Lieutenant DiGregorio.
The vehicle was towed from the scene by Pats tow.
I conducted a follow up at Home Depot and learned that the power tools are the property of Home Depot in Plaistow NH and the total value is $4520.94 (copy of the receipt is attached to this report).
Samir Messaoudi #312