On Saturday, 9/11/21, I was working my assigned 8AM to 4PM shift in the East-1 cruiser. At approximately 9:57AM, Officer Chris Fusco (East-4), was flagged down in the area of 179 Broadway. He was flagged down by Mr. XXXX running into the street, towards his cruiser, crying. I responded to the location. The following is a summary of the incident:
Upon arrival, I was met by Officer Fusco, Mr. XXXX, and the suspect, Mr. Luciano De Lira. Officer Fusco stated that Mr. XXXX ran into the street, screaming and crying, towards his cruiser, and pointing at Mr. De Lira across the street, saying that he kicked him in the face.
Mr. XXXX stated that he was sitting in the parking lot of Foss Park, waiting for work, when he saw Mr. De Lira. He pleaded with Mr. De Lira for his phone back. Mr. De Lira then kicked Mr. XXXX in the face multiple times and told him that he didn’t have his phone. Mr. XXXX went in the eastbound direction of Broadway and Mr. De Lira then struck him in the back of the neck. Mr. XXXX said he was very distraught and immediately ran towards the police cruiser when he saw it.
Mr. XXXX had visible redness on his nose and on his cheek and blood coming from his nose (see attached photos). I saw Mr. XXXX walking westbound on Broadway, towards Foss Park, around one hour prior to this incident. I spoke to him in front of 81 Broadway. At that time, he did not have a bloody nose, nor did he have the red marks on his nose or face.
Mr. De Lira was wearing New Balance sneakers at the time of the incident (see attached photo). Mr. De Lira stated that he did not take his phone, nor did he hit him. He then started laughing at Mr. XXXX.
Yesterday, Mr. XXXX filed a report with the Somerville Police that two individuals, one of them being Mr. De Lira, stole his cell phone (report # 21047373).
I placed Mr. Luciano De Lira under arrest for Massachusetts General Law C. 265 s.15A/A: Assault and Battery with a Dangerous Weapon (Shod Foot) using two sets of handcuffs because he complained that he could not stretch his arms to his back. Mr. De Lira then threatened me, saying that he will get me in the streets. He was transported to the police station by the transport wagon, unit 200, operated by Officer Robert Anaya.
While at the booking window, Mr. De Lira told Officer Anaya that he was going to punch him in the face. He also told him to wait until he catches him on the street.
He was eventually booked by Lieutenant William Rymill, with the assistance of Lieutenant Diogo De Oliviera for translation.
Officer Priscilla Ribeiro #349
Somerville Police Department