On Sunday, June 11, 2017, while assigned to Assembly Row as Unit Alpha-3, I was contacted on my department issued cell phone from Saks off Fifth Loss Prevention Agent XXXXX. XXXXX stated that a male in gray shorts and a green t-shirt had come into the store, concealed 2 pairs of sunglasses on his person and exited the store without paying for the merchandise. I located the male while still on the phone with XXXXX in front of the Kmart store. XXXXX confirmed the individual I was next to was the man he saw steal from Saks. I called my location into dispatch and requested another officer as backup. East-3 (Officer Rivera) was dispatched to my location. I approached the male that was later identified as Mr. Jerry Ortiz and explained that he had been seen taking the merchandise from the store and I would need him to come back to have that addressed. Mr. Ortiz yelled that he did not steal anything and started to reach into his pocket. I ordered Mr. Ortiz to keep his hands out of his pockets several times, but he continued to reach. I then frisked Mr. Ortiz’s person and located a box cutter in his back pocket. I then felt what in my experience to be sunglasses between his pants and under garments. I informed Mr. Ortiz that I would be handcuffing him for my safety due to him continuing to reach for his pockets. At this time Mr. Ortiz began to struggle with me and continued to reach for his pockets. I was concerned he would be going for another knife and attempted to take him to the ground. Mr. Ortiz’s girlfriend then approached us, later identified as YYYYY. YYYYY was running up to our location and I continually yelled for her to stay back. YYYYY came up to us and attempted to push me off of Mr. Ortiz. Mr. Ortiz was able to get free and began to flee the scene due to YYYYY distraction. East-3 and East-4 (Officer C. Collette) then joined me in pursuing Mr. Ortiz down Canal Street. Delta-6 (Detective Pasqualino) was in his unmarked cruiser with the lights activated and tried to cut off Mr. Ortiz’s path with his car, but Mr. Ortiz jumped over the hood several times. Mr. Ortiz ran to the end of Canal Street, where there was a dead end and gave up and got on the ground. Mr. Ortiz was placed in handcuffs by Officer Collette and the prisoner transport vehicle (Unit-200) was requested. Mr. Ortiz was transported in Unit-200 by officer Desrochers and booked in the usual manner by Lieutenant Digregorio
Assembly Row Assistant Director of Security, ZZZZZ, contacted me shortly after, stating she witnessed Mr. Ortiz throw an item over the fence of the construction yard that is on Canal Street, when I arrived there to see what the item was, it was a pair of sunglasses. XXXXX inspected the glasses and confirmed them to be from his store.
Mr. Ortiz was charged with shoplifting by asportation and resisting arrest. I will also be seeking a criminal complaint for YYYYY for resisting arrest at the Somerville District Court.
Officer Christopher Fusco #328