On 10/24/21 I was working Patrol in cruiser E4 on the overnight shift. At around 0202 I and OFC D Ruf (E1) were dispatched to 28 Sydney ST for a B&E. 911 informed us that a suspect wearing a “towel” broke into a dwelling, was confronted by residents and fled. OFC N Moreira (E3) was in the area and also responded, physically behind my cruiser as I turned onto Sydney ST.
While turning onto Sydney from Temple, 911 informed responding units that the suspect had now reappeared with a “rifle.” I drove up to 28 Sydney when I noticed several men franticly trying to get my attention by waving their arms at the corner of Sydney/Grant which is one house away from 28 Sydney. Thinking this is where the suspect is, I stopped my cruiser, exited and approached them. As soon as I did this they yelled that the suspect was on the porch of 28 Sydney and pointed in that direction (behind my cruiser.) They also said he was armed with a rifle.
From behind the rear of my cruiser I viewed a male on the porch of the involved address. I could see his empty hands and ordered him to step down from his porch. He complied and as he walked down the stairs I advanced towards him while ordering him to put his hands up. While approaching him I also asked where the weapon was and he said it was on the front porch. When I was within arms reach I took physical control of the suspect and handcuffed him without incident. At this point I was joined by E3 at the steps of the porch. E3 then located and secured the weapon while I conducted a pat frisk of the suspect, soon to be identified as Mr. James Hogan (XXXX.) With the rifle and suspect now secured by both E3 and myself, other units began to arrive. The pat frisk of Mr. Hogan turned up no other weapons.
I left Mr. Hogan in the custody of E1 and met E3 on the porch to view the firearm. The firearm was a shotgun located laying flat on the porch floor loaded with two slugs, one of which was chambered. One lose slug was also found on the porch beside the shotgun. Said weapon is a “Winchester Model 1200” as evident by the markings on it’s barrel. This firearm has serial number XXXX which was later ran in CJIS by E1 and myself with negative results both times. While on the porch with the rifle, a women came out from an upstairs unit. XXXX (XXXX) claims to be Mr. Hogan’s wife. Ms. XXXX was visually upset and crying. During this and other conversations she told me that she and her husband were home tonight trying to sleep. She and her husband heard men “banging” on their door and Mr. Hogan grabbed a weapon and went downstairs to “scare” the men away. I left the weapon with E3 and went to speak to Mr. Hogan. Other units were now on scene to include OFC P Canty (E2), OFC J Torres (W5), OFC J Brown (W6) and SGT J Slattery (S8.)
Mr. Hogan was read his Miranda rights by E1. I asked Mr. Hogan if he wished to speak to me and he said yes. I asked him if he had an MA LTC and he said no. I asked him where he got the shotgun and he said “New York.” I asked him if he had taking any intoxicating substances tonight and he said he had one or more “beers.” I then asked him to tell me what happened tonight. Mr Hogan claims that he knows the other men involved. He told me that they had some sort of a verbal altercation that resulted in these men ending up on Mr. Hogan’s front porch. Mr. Hogan said he retrieved the shotgun in order to scare the men away. Mr. Hogan denies ever entering or trying to enter XX Grant ST #X (a claim the group of men will later make.) I told Mr. Hogan he was under arrest for unlicensed possession of a firearm and unlicensed possession of ammo and I requested 200.
I then went to speak with the group of men involved. These men identified themselves as Mr. XXXX, XXXX, XX Grant #X, SOE, Mr. XXXX, XXXX, XX Sawtell ST, Brockton, MA, Mr. XXXX, XXXX, XX Rantoul ST, APT XXX, Beverly, MA, Mr. XXXX, XXXX XX Grant ST #X, SOE. They claim that tonight they were all inside XX Grant ST #X when they heard a knock at the door or someone attempting to enter the third floor front door. Mr. XXXX and Mr. XXXX opened the door to find Mr. Hogan standing there. Mr. Hogan offered to sell them some weed and both men told Mr. Hogan to leave. They then were joined by Mr. XXXX and Mr. XXXX who were following or otherwise encouraging Mr. Hogan to leave the property. Mr. Hogan left down the stairs, outside, around the corner back to Sydney and up on his porch. All the while the above group of men were following him. At some point between discovering Mr. Hogan inside XX Grant and Mr. Hogan ending up back on his porch, Mr. XXXX called 911 to report a B&E. When Mr. Hogan got onto his porch words were exchanged between him and the group of men. Mr. Hogan then entered his home. Before reappearing, the group of men said they could hear “racking” and took that sound to be the racking of a shotgun. They dispersed back towards Grant ST as Mr. Hogan came back outside with the shotgun. They took Mr. Hogan holding and racking the shotgun as a threatening gesture and were in fear for their safety. They updated dispatch about the gun. Mr. XXXX claims Mr. Hogan pointed the gun at him. At this time the group took cover behind vehicles at Grant/Sydney just as E3 and myself were arriving.
I entered 28 Sydney ST and spoke again to Ms. XXXX. I asked her if there were any children or other firearms in the house. She said no to both questions. She showed me where the shotgun was kept, an area beside a dresser. She produced a coffee can style container that had five shotgun slugs. She gave us permission to search the residence and W5 and myself did so with nothing resulting in further evidentiary value. I did however locate two 1-gallon bags stuffed full with a green leafy substance. I asked Ms. XXXX who these belonged to and she said “him.” I took ‘him’ to be Mr. Hogan. Also present was Mr. X XXXX (XXXX) who is a roommate of both Mr. Hogan and Ms. XXXX. W5 and myself then answered questions by Ms. XXXX as to her husbands booking process and told her to call us back if she needed us.
Mr. Hogan was transported and booked in the usual manner. I am requesting complaints for the following;
-269/10/G: FIREARM WITHOUT FID CARD, POSSESS (1 count)
-269/10/TT: AMMUNITION WITHOUT FID CARD, POSSESS (1 count)
-265/15B/A: ASSAULT W/DANGEROUS WEAPON (4 counts)
The group of men from Grant ST told me they were worried about what will happen when Mr. Hogan gets out. I advised them about getting an emergency RO. They said they might go to SPD in the morning to request one. The weapon and ammo were transported to SPD by E3. Gun into evidence tag 210962Z, ammo into evidence tag 210963Z.
OFC M Cleary #353