Real Life Somerville Police Stories: Kristopher MCNAMARA (PWID Class B)

The following is a brief summary pertaining to Incident #19031923:

On Friday, June 7, 2019, I was working in the Somerville Police Drug Unit as Delta-18. At approximately 8:40 P.M. I observed a male known to me as XXXX. Mr. XXXX is well known to members of the Somerville Police Drug Unit from prior narcotic related arrests as Mr. XXXX is a known drug user. Mr. XXXX drug of choice is crack cocaine. Mr. XXXX was observed riding his bicycle back to his residence on Flint Street. During prior incidents, Mr. XXXX would go into, and come out of his residence sometime later to make drug transactions. As Mr. XXXX entered his residence, Detectives Costa, Legros, and I set up surveillance in this area. Also assisting us was Sergeant Capasso, Detective McNally, and Officer Lorenti working the Shannon Community Safety Initiative, aimed at suppressing youth violence and gang activity.

Within twenty minutes, observations were made of a silver Chevy Impala bearing Tennessee registration XXXX, pulling in front of Mr. XXXX residence. As I was parked approximately three car lengths away, I could see there was a front passenger and operator. Due to a different vehicle coming down the street, this Chevy had to move which caused it to drive and stop directly next to my vehicle. I could now see a female operator, later identified as Ms. XXXX, and a male passenger, later identified as Kristopher McNamara. Mr. McNamara was observed using his cell phone. The Chevy made a three point turn and now parked directly in front of my vehicle at the intersection of Rush Street and Flint Street. As the vehicle parked, Detectives made observations of Mr. XXXX coming out of his house and walking into the rear passenger side seat of the silver Chevy. Within thirty seconds Mr. XXXX exited the vehicle and began walking back towards his residence as the silver Chevy went down Rush Street towards Pearl Street. In my training and experience, as well as prior interactions with Mr. XXXX, I believed Mr. XXXX and the occupants in the silver Chevy had just completed a street level drug transaction. Due to our observations Detectives Legros and Costa attempted to stop Mr. XXXX to conduct a threshold inquiry as I began following the silver Chevy to conduct a threshold inquiry as well.

As I was following the silver Chevy, I radioed to Sergeant Capasso that I needed to utilize his unmarked cruiser with blue lights and siren in order to stop the vehicle. Detective Costa immediately notified me that as soon as he stopped Mr. XXXX he threw a small object into his mouth and swallowed it. I would note, this is not the first time XXXX has done this. XXXX has swallowed baggies of drugs before as Detective Costa and Mr. XXXX know each other. As Detective Costa asked him where he was coming from, XXXX stated he was meeting a friend that he did not know the name of. XXXX then stated he was also meeting him to find work and talk about work. Detective Costa explained to XXXX that he was in and out of the vehicle within thirty seconds and XXXX would not respond.

As the silver Chevy got to the intersection of Washington Street and Mt. Vernon Street, I was able to stop it by walking up to the drivers side door with my badge clearly displayed on my outermost garment. Sergeant Capasso, Detective McNally, and Officer Lorenti also arrived at this time. As I was looking in the vehicle I noticed Mr. McNamara had his pants zipper unbuttoned. I asked the two where they were coming from to which I received no answer initially. Due to the non answers, I asked Ms. XXXX to come out the vehicle so that I could speak with her. Ms. XXXX stated that they were just coming from a different street in the area. I asked who Ms. XXXX who she and Mr. McNamara me with and she initially stated nobody until I informed her I was parked directly behind her. XXXX then stated it was her boyfriend’s (McNamara) friend. When I asked what was his friends name she stated she did not know.

As Sergeant Capasso asked Mr. McNamara to step out of the vehicle he asked him if he had anything on his person. McNamara stated he did not and that Sergeant Capasso could search him and the vehicle. McNamara immediately put his hands on top of the vehicle and pressed his groin area directly next to the car. This shielded his entire front area of his body from being frisked. Officer Lorenti asked McNamara to step away from the vehicle as he believed he may be concealing something. McNamara took two steps back as Sergeant Capasso began a frisk of McNamara. Immediately upon starting the frisk, Sergeant Capasso felt an abnormal bulge near McNamara’s groin area. Due to the texture and size, coupled with the quick meet with Mr. XXXX, Sergeant Capasso believed the item in his groin area was a baggie containing crack cocaine. Sergeant Capasso read Mr. McNamara his rights pursuant to Miranda from a card he keeps on his person. McNamara stated he understood.

Sergeant Capasso explained to McNamara that he knew he had drugs in his groin area and gave him an opportunity to remove the bag himself. McNamara declined. Sergeant Capasso asked McNamara how much money was in the vehicle to which he replied, “My life savings, almost four thousand dollars.” McNamara stated he did not have a job. At this time, Sergeant Capasso and I walked McNamara to a private location behind a building to check what the bulge was. Immediately upon searching this area, a larger sized clear glassine baggie containing other numerous baggies of an off-white rocklike substance and white powdered substance was observed. In my training and experience I know these substances to be crack cocaine and powdered cocaine, both a class B substance. The bag entire baggie was larger to the point I asked Sergeant Capasso if it was possibly trafficking weight. Mr. McNamara quickly added, “It’s not trafficking weight, I’m not that stupid.”

Due to the amount of cocaine, both crack and powder, a search incident to arrest was conducted on the silver Chevy. There was a locked black backpack which was observed in the front passenger side floorboard where McNamara was seated. McNamara gave me the combination to this lock and stated the bag belonged to him. Inside of the bag were bundles of money as well as numerous gift cards which were stacked using a band. Inside of the center console, Detectives observed cash and several cellular phones. The cash was bundled as well as left loose inside.

Mr. McNamara was transported to Somerville Police Headquarters via marked unit 200, Officer DaCosta, where he was booked in the usual manner by Lieutenant G. Rymill. The silver Chevy was returned to Ms. XXXX as she is fourteen weeks pregnant and was her only means of transportation. Mr. McNamara’s monies, over five thousand dollars, was seized and will be subject to forfeiture. I would note that Mr. McNamara had twenty-one baggies of crack cocaine and an additional ten baggies of powdered cocaine. In my training and experience, these amounts are for persons possessing to distribute, not for personal use. Please see Detective Legros’s supplemental report for all evidence seized/confiscated.

Respectfully submitted,

Detective Fernando Cicerone #279

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