Gov. Baker Re-files Bill to Protect: Communities From Dangerous Individuals

Gov. Baker Re-files Bill to Protect: Communities From Dangerous Individuals

Chelsea Chief Brian Kyes introduced Gov. Charlie Baker to a room of police chiefs from around the state during Tuesday’s meeting of the Massachusetts Major City Chiefs of Police Association. The meeting took place in Everett, and Gov. Baker made a major public safety policy announcement at the gathering in regard to criminal background checks. See Page 5 for more photos.

Standing alongside Chief Brian Kyes, Gov. Charlie Baker on Tuesday re-filed legislation to provide law enforcement and the courts with additional tools to ensure dangerous criminals are held in custody pending trial.

First filed on September 6, 2018, the proposal would expand the list of offenses that can provide grounds for a dangerousness hearing and close certain loopholes at the start and end of the criminal process that currently limit or prevent effective action to address legitimate safety concerns. Governor Baker made the announcement in Everett at the Massachusetts Major City Chiefs of Police Association Meeting, an Association Chief Kyes is the leader of.

“Public safety is a fundamental responsibility of government and in order to fulfill that duty, we must allow local police and district attorneys to effectively deal with people who repeatedly break the law,” said Governor Baker. “Last session we enacted several provisions to ensure that a small lapse in judgment doesn’t ruin a life, and we must now give law enforcement, prosecutors and the courts the tools they need to keep our communities safe. We look forward to working with the Legislature to pass this important bill.”

The proposal will strengthen the ability of judges to enforce the conditions of pre-trial release by empowering police to detain people who they observe violating court-ordered release conditions; current law does not allow this, and instead requires a court to first issue a warrant.

“Loopholes in the current system limit or prevent effective action to address legitimate safety concerns,” said Lieutenant Governor Karyn Polito. “This bill will empower law enforcement with the flexibility and tools they need to protect their communities from dangerous defendants.”

Under this proposal, judges will be empowered to revoke a person’s release when the offender has violated a court-ordered condition, such as an order to stay away from a victim, or from a public playground. Current law requires an additional finding of dangerousness before release may be revoked.

“A defendant’s past criminal history should absolutely be considered as a factor at any such dangerousness hearing rather than just the alleged crime that is currently before the court,” said Kyes, Chelsea Police Chief and President of the Massachusetts Major City Chiefs. “It is essential that in conducting a proper risk analysis in order to determine whether the defendant is to be considered a potential danger to any victim, witness or to the public in general, that their past criminal history – especially as it pertains to previous convictions for violent crimes – is considered and weighed based on its relevancy pertaining to a demonstrated propensity to commit violence. This bill will rectify the existing gap that currently occurs during a dangerousness hearing.”

The legislation also expands the list of offenses which can provide grounds for a dangerousness hearing including crimes of sexual abuse and crimes of threatened or potential violence. It also follows the long-standing federal model in including a defendant’s history of serious criminal convictions as grounds that may warrant a dangerousness hearing. Current law requires courts to focus only on the crime charged and ignore a defendant’s criminal history when determining whether the defendant may be the subject of this sort of hearing.

Additional provisions of this legislation:

•Improves the system for notifying victims of crimes of abuse and other dangerous crimes when a defendant is going to be released by creating clear lines of responsibility among police, prosecutors and corrections personnel to notify victims about an offender’s imminent release from custody, and create a six-hour window for authorities to inform a victim before an offender is allowed to be released.

•Creates a new felony offense for cutting off a court-ordered GPS device.

•Requires that the courts develop a text message service to remind defendants of upcoming court dates, reducing the chance they will forget and have a warrant issued for their arrest.

•Allows dangerousness hearings at any point during a criminal proceeding, rather than requiring a prosecutor to either seek a hearing immediately or forfeit that ability entirely, even if circumstances later arise indicating that the defendant poses a serious risk to the community.

•Requires that the probation department, bail commissioners and bail magistrates notify authorities who can take remedial action when a person who is on pre-trial release commits a new offense anywhere in the Commonwealth or elsewhere.

•Creates a level playing field for appeals of district court release decisions to the superior court by allowing appeals by prosecutors, in addition to defendants, and giving more deference to determinations made in the first instance by our district court judges.

•Creates a task force to recommend adding information to criminal records so that prosecutors and judges can make more informed recommendations and decisions about conditions of release and possible detention on grounds of dangerousness.

The legislation also closes loopholes at the start and end of the criminal process that currently limit or prevent effective action to address legitimate safety concerns. It extends the requirement that police take the fingerprints of people arrested for felonies to all people arrested, regardless of the charge, to ensure that decisions about release can be made with knowledge of a person’s true identity and full criminal history. It also allows, for the first time, bail commissioners and bail magistrates to consider dangerousness in deciding whether to release an arrestee from a police station when court is out of session.

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Police Briefs 01-10-2019

Police Briefs 01-10-2019

STOLEN CAR

On Dec. 11 at 6 p.m., a CPD Detective observed a blue Subaru Impreza make an unsafe lane change coming from Broadway onto City Hall Avenue. The vehicle was a reported stolen motor vehicle out of Revere. The detective continued to follow the car down Chestnut Street. With the assistance from other marked CPD units a car stop was initiated and the operator placed under arrest for being in possession of a stolen motor vehicle.

Katherine Guzman, 36, of 18 Watts St., was charged with being in possession of a stolen motor vehicle.

PULLED KNIFE ON HOTEL EMPLOYEES

On Dec. 21, at 7:11 a.m., units were dispatched to the Hilton Homeward Suites for an individual threatening the employees with a knife.

A description was given out of the suspect as being a short male wearing a black jacket and a scally cap. Officers knew about a previous issue from the day before at the hotel with the same described male. The officers observed the suspect walking on Everett Avenue and placed him under arrest for two counts of assault with a dangerous weapon.

Alberto Garcia, 51, of 303 Carter St., was charged with two counts of assault with a dangerous weapon.

CROSSWALK VIOLATION, KNIVES

On Dec. 19, at 6:23 p.m., officers observed a motor vehicle that failed to stop for a pedestrian in the crosswalk in front of 589 Broadway.

The car was then pulled over.

It was determined that the operator of the vehicle was not legally able to operate the car and he was placed under arrest. A search of the person and vehicle also recovered knives.

Manuel Alvarez Mejia, 29, of 759 Broadway, was charged with crosswalk violation, operating a motor vehicle with a suspended license, and two counts of carrying a dangerous weapon.

ALMOST HIT A CRUISER, FLED

On Dec. 23, at 7:25 p.m., a CPD officer stated his cruiser was almost hit by a black motor vehicle in Fay Square. He reported the vehicle fled onto Heard Street when the officer activated his blue lights. Other Chelsea Units were able to stop the car. The driver had no license to operate a motor vehicle and was placed under arrest.

Mark Cassidy, 28, of Quincy, was charged with marked lanes violation, reckless operation of a motor vehicle, failing to stop for police, unlicensed operation of a motor vehicle, stop sign violation, red light violation and speeding.

PoliceLog

Friday, 12/28

Charles Chafin, 55, 32 Tudor St., Chelsea, was arrested for shoplifting.

Saturday, 12/29

Edward DeSantis, 53, 12 Bates St., Revere, was arrested on warrants and operating motor vehicle with suspended license.

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Chelsea Man Arrested after Leaving Two in Serious Condition

Chelsea Man Arrested after Leaving Two in Serious Condition

Police have arrested a 24-year-old Chelsea man in connection to a shooting and stabbing at 16 Pleasant St. early Saturday morning.

Hector Emilio Hernandez, was arrested on charges of attempted murder and unlawful possession of a firearm following the alleged attack, according to Jake Wark, spokesman for the Suffolk County District Attorney’s office.

Revere police and emergency medical personnel responded to 16 Pleasant St. at about 1:45 a.m. Saturday to find a 27-year-old man from Chelsea apparently shot and a 23-year old man from Chelsea apparently stabbed. Both were hospitalized. State Police detectives were notified and the Suffolk County State Police Detective Unit responded.

Hernandez is expected to be arraigned Monday in Chelsea District Court.

“The relationship between the parties involved remains under investigation, as do the circumstances surrounding the violent encounter,” Wark said in a statement.

Wark added that based on an investigation that continued through Saturday morning and into Saturday afternoon, troopers and officers developed information that the suspect may be in the area of Calumet Street in Revere.
Troopers and officers set up surveillance and observed a man matching the suspect’s description enter a residence on that street.

When police went to the house they observed the suspect exit a back door and try to climb a fence. He was caught and apprehended and transported to the State Police Barracks in Revere where he was booked on charges of attempted murder and unlawful possession of a firearm.

Anyone with information about the incident is asked to contact the Revere Police Criminal Investigation Division at 781-286-8340 or the Suffolk County State Police Detective Unit at 617-727-8817.

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A Visit from Santa

A Visit from Santa

Justin Machado holding his new Phlat Ball after his special visit with Santa at the Chelsea Police Station on Tuesday, Dec. 18. The annual pre-Christmas visit to Santa has become a staple for local children, with the Police partnering with the Early Learning Center (ELC) this year.

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Chief Kyes Named First-Ever Chief of the Year

Chief Kyes Named First-Ever Chief of the Year

The Massachusetts Chiefs of Police Association has named Chelsea Police Chief Brian Kyes as its Chief of the Year

Police Chief Brian Kyes has been selected as the first-ever Chief of the Year by the Massachusetts Chiefs of Police Association.
The announcement came this week, and added to two other recent accolades for Kyes

the first-ever such award handed out by the organization.

This week, the executive board of the organization announced that Kyes was the recipient of the award, particularly for his advocacy in getting the municipal police training fund passed last summer.

“The Executive Board of the Massachusetts Chiefs of Police Association is pleased to announce that the first recipient of the ‘Chief of the Year’ Award is Chief Brian A. Kyes of the Chelsea Police Department,” read the announcement. “Chief Kyes serves as the Chair of the Mass. Chief’s Legislative Committee, as well as being the President of the Massachusetts Major City Chiefs Association, a member of the Massachusetts Police Accreditation Commission and a member of the Municipal Police Training Committee. Chief Kyes was instrumental in advancing our legislative efforts towards a dedicated funding source for the training of municipal police officers in Massachusetts, which culminated with Governor Charlie Baker signing into law House Bill 4516…”

The award carries a $500 donation from the association to the charity of the recipient’s choice. In this case, Kyes has chosen The Jimmy Fund as the charity.

“I was notified last week that I also have received the first annual Police Chief of the Year Award from the Massachusetts Chiefs of Police Association,” said Kyes. “I am incredibly humbled by this recognition and am honored to recently have received three awards, which all mean a great to deal to me and my family. The last month or so has been pretty good for me and the Chelsea Police Department in terms of some nice totally unexpected recognitions.”

On Oct. 29, Kyes received the Gregory A. Madera Public Service Award from the Massachusetts Association of Hispanic Attorneys at the Law Offices on Mintz & Associates. On Nov. 30, Kyes also received the Law Enforcement Person of the Year Award from the North East Massachusetts Law Enforcement Council Foundation (NEMLEC) at the Four Oaks Country in Dracut.

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Liquor License Suspension Handed to Rincons Latinos

Liquor License Suspension Handed to Rincons Latinos

Rincons Latinos Restaurant on Washington Avenue has been no stranger to appearing before the Licensing Commission over the past several months.

At the Thursday, Dec. 6 meeting, it was a case of enough was enough for the licensing commissioners, as they voted to suspend the 373 Washington Ave. restaurant’s liquor license for eight days. The suspension, largely leveled for repeated instances of exceeding the posted capacity of the establishment, will be served during four weekends over December and January.

A police inspection in October found 42 people in the restaurant, well above the posted occupancy limit of 17. Police officials also claimed there was missing signage and insufficient lighting in the restaurant.

Attorney John Dodge, representing Orlando Pineda of Rincons Latinos, argued that his client is planning to install a second handicap accessible bathroom in the restaurant. That move would double the occupancy limit of Rincons Latinos from 17 to 34, he said.

“That is the only thing that has been reducing the occupancy level in the restaurant,” said Dodge. “It isn’t a safety concern in regard to (the number of people) in the restaurant.”

“It’s just breaking the law and not following rules,” countered Mark Rossi, the Licensing Commission chairman.

Dodge said Pineda is doing his best to run a business and will spend upwards of $7,500 to install the new bathroom to comply with regulations.

“Mr. Pineda has put his life and soul into the place, and he lives right upstairs,” Dodge said.

Dodge also noted that the police withdrew a previous charge against the restaurant from the fall that people were illegally bringing cases of beer into and out of the restaurant.

“Mr. Pineda and his brother Ricardo are trying to do the right thing,” Dodge said. “They are doing their best to increase the occupancy. I question the fundamental fairness (of the charges).”

Commission member James Guido took exception to Dodge’s accusation of unfairness.

“They have had plenty of chances,” he said. “The biggest complaint now is the occupancy and we are going to try to deal with that.”

Commission member and Inspectional Services Director Mike McAteer said he has been dealing with the occupancy issue and plans for an additional bathroom since July with no movement on the issue from the Pinedas.

Rossi said Dodge was basically taking a “no harm, no foul” approach to the occupancy violations and that the Pinedas have not made enough effort to address them over the past six months.

“The explanation has been, ehhhhh, it’s a big enough place and nobody got hurt,” Rossi said. “They have not taken the proper steps to alleviate the matter. Now, you are saying give me more time so I can try to make this right.”

The commission members batted around several possible punishments, from a 30-day license suspension to outright revocation, before deciding on the eight-day suspension meted out over four weekends.

Rossi said if the establishment violates the 17-person occupancy limit before approval for expanding to 34 people, it will be subject to license revocation proceedings.

In other business, the commission took its annual vote to allow extended New Year’s Eve hours to 2 a.m.

The commission also approved giving a six-month extension to Samir, Inc. to find a new location to use a wine and malt beverage license.

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Police Briefs 12-13-2018

Police Briefs 12-13-2018

LIQUOR STORE DRAMA

On Nov. 26, at approximately 7:23 p.m., while assigned to the Bellingham Square area on foot a CPD officer was dispatched to Heller’s Liquor Mart, 429 Broadway, for a report of a party harassing the store clerk. Upon arrival, the male party was still on scene, inside the store. The officer observed the male acting aggressively, verbally and physically, as if he was ready to fight someone. The CPD officer attempted to calm him down. At that point, the male took a fighting stance, bouncing back and forth. The subject then tried to strike the officer. The individual was eventually restrained after several officers arrived and took him into custody.

Jaime Abreu, 39, of Everett, was charged with assault and battery on a police officer, disorderly conduct, resisting arrest and assault and battery.

BACK AND FORTH

On Nov. 30, at 1:59 a.m., officers were dispatched to 59 Central Ave. for a report of a 9-1-1 hang-up call made by a female. Officers later spotted the female acting irrationally exiting, and then entering, a motor vehicle. The female party was asked multiple times to provide her license and registration because she was in control of a motor vehicle on a public way. Based on the female’s party’s actions, Officers believed alcohol or drugs impaired her. The woman continued to refuse to answer or follow the officer’s instructions. At that point, she was placed under arrest. During the arrest, she continued to struggle with the officers and resist. She eventually was taken to the station to be processed.

Jill Ferreira, 47, of Cambridge, was charged with intimidating a witness, being a motor vehicle operator refusing to identify, and resisting arrest.

Police Log

Monday, 11/26

Jaime Abreu, 39, 130 Bow St., Everett, was arrested for assault and battery on a police officer, disorderly conduct, resisting arrest and assault and battery.

Wednesday, 11/28

Doroteo Perez, 57, 116 Shurtleff St., Chelsea, was arrested for ordinance violation, dangerous weapons and trespassing.

Friday, 11/30

Jill Ferreira, 47, 341 Broadway, Cambridge, was arrested for witness intimidation, motor vehicle operator refusing to identify self and resisting arrest.

Ralph Ovide, 26, 25 Carmel St., Chelsea, was arrested on a warrant and shoplifting.

Saturday, 12/1

Anita Chamizo, 37, 855 Broadway, Chelsea, was arrested for violating Harassment prevention order.

Sunday, 12/2

Ramon Pagan, 57, 126 Maverick St., Chelsea, was arrested for trespassing.

Christian Ramos, 23, 182 Parish St., East Boston, was arrested for operating motor vehicle with suspended license, warrant and speeding.

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St Stan’s Church Stands Against Street Change On Chestnut

St Stan’s Church Stands Against Street Change On Chestnut

St. Stanislaus Church has submitted a petition with dozens of signatures requesting that the City not leave the temporary direction change on Chestnut Street intact.

“This change has been detrimental to the day-to-day business operations of the Parish rectory, prohibits our elderly parishioners from entering and exiting their vehicles in a safe manner, prevents the safe loading and unloading of supplies to both the rectory and the church, disrupts the motor vehicle processional for funerals, impedes workers coming make repairs and service calls to the Church and rectory and causes an increase of noise during our solemn services due to the excessive congestion of traffic,” read the letter accompanying the petition, which was presented to the City Council and Traffic Commission.

Chestnut Street has long had an odd configuration at Fourth Street, with no one able to turn in either direction coming off the Mystic/Tobin Bridge exit. Both sides empty onto Fourth Street. However, during construction on the Beacon Street off-ramp, Chestnut was made one way all the way from City Hall to Everett Avenue – one long stretch.

It became popular with many drivers, but especially the Police and Fire Departments. Fire officials said they felt it helped response times from Central Fire in getting to Everett Avenue.

A petition to make the temporary change into a permanent change is now before the Traffic Commission and City Council.

Count St. Stan’s against it.

“It is jeopardizing the existence of our self-supporting Parish, which has been in existence for the past 110 years,” read the letter. “Chestnut Street is a narrow, one lane road, in a heavily populated residential neighborhood. It is unable to maintain the increased flow of traffic caused by vehicles coming from the Fourth Street off-ramp to the Bridge.”

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Police Briefs 12-06-2018

Police Briefs 12-06-2018

Tuesday, 11/20

Ana Gonzalez, 59, 90 Marlborough St., Chelsea, was arrested for shoplifting.

David Henao-Jimenez, 19, 121 Union St., Everett, was arrested for speeding, unlicensed operation of motor vehicle and possessing open container of alcohol in motor vehicle.

Wednesday, 11/21                                                                                                                

Maria Ortiz, 49, 172 Central Ave., Chelsea, was arrested on a warrant.

Saturday, 11/24

Faisal Yerow, 23, 180 Central Ave., Chelsea, was arrested on a probation warrant.

Christina Belcher, 412, 550 Ferry St., Everett, was arrested for disorderly conduct.

Edwin Ibanez, 30, 589 Broadway, Chelsea, was arrested for ordinance violation, alcoholic beverage/marijuana/THC, disorderly conduct, assault, disturbing the peace and threat to commit a crime.

Sunday, 11/25

Gabriel Castillo, 25, 9 Southend, Lynn, was arrested for unlicensed operation of motor vehicle, speeding and warrants.


THREATENED WOMAN

On Nov. 24, at 7:32 p.m., officers were dispatched to 1 Marlborough St. for a report of a male party following and threatening a female party. The female victim stated that the male followed her from the area of 400 Broadway. During this time she told officers he was making inappropriate comments to her. At one point he walked in front of her and blocked her path while escalating the comments to threats to cause her harm. Witnesses interceded, and the male fled the area.

A short time later he was positively identified and placed into custody.

Edwin Ibanez, 30, of 589 Broadway, was charged with marijuana violation, disorderly conduct (subsequent offense), assault, disturbing the peace, and threatening to commit a crime.

MAN PULLS KNIFE AT DAY CENTER

On Nov. 14, at approximately 9 a.m., CPD officers were dispatched to 738 Broadway, the Pentecostal Church resource center for a report of a male with a knife. Upon arrival, the victim stated that the man at the scene pulled a knife on him. A knife was found on the subject, and he was placed under arrest.

Michael Catino, 34, of Malden, was charged with assault with a dangerous weapon.

DANCIN’ IN THE STREETS

On Nov. 24, at 11 a.m., officers observed an intoxicated female causing a disturbance on Broadway. The officers tried to ascertain the woman’s identity but were answered with threats and derogatory comments. The woman continued to disregard the officer’s commands while impeding pedestrian and motor vehicle traffic. She was placed under arrest.

Christina Belcher, 41, of Everett, was charged with disorderly conduct.

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Police Briefs 11-15-2018

Police Briefs 11-15-2018

ABUSED DOG, WOMAN

On Oct. 30, at 9:45 a.m., a female was feloniously assaulted as she walked her dog in the area of 175 Crescent Ave. The victim reported that she observed a female walking a dog and walking with a young child as she, too, walked along the same street, and at one point saw this female striking the dog. Being a responsible dog owner, she told the female that there were other ways to correct her dog other than abusing the animal, but the female instead began to shout obscenities at her. As the victim stood across the street, she told the suspect that she was going to call the police based on her abusing the dog. At that point the suspect and another female attacked her. Both were arrested for the assault. One of the women was additionally charged with cruelty to animals.

Terez Durbano, 40, of Revere, was charged with assault and battery with a dangerous weapon, assault and battery, cruelty to animals, and operating a motor vehicle with a revoked license.

ARSON SUSPECT ARRESTED

The Chelsea Police arrested a Chelsea man on Nov. 8 for setting fire to a building at 28-30 Hawthorne St. on Tuesday, Oct. 2. The fire was set in an attached shed, which quickly spread to the rear porches causing an estimated $10,000 in damages.

Edward Watson, 59, of Chelsea, has been charged with one count of burning a building, one count of breaking and entering with intent to commit a felony, and one count of trespassing. The two-alarm fire occurred at 1:30 p.m., and the shed was on the property of a four-story apartment building that was undergoing renovations.

No one was injured.

Chelsea Police and Fire jointly investigated the fire, along with State Police assigned to the State Fire Marshal. All determined that the fire was intentionally set, and they also commented that the community was very helpful in solving the case.

The case will be prosecuted by the Suffolk County DA’s Office.

FOUND WITH GUN 

On Oct. 30, at 8 p.m., while on patrol, two CPD officers observed a group of youths on Cross Street turn onto Division Street in an alleyway that is poorly lit. Upon turning onto Division Street, officers saw the three male parties standing and passing what the officers believed to be marijuana. The officers confirmed it was, in fact, marijuana as they approached. As the officers asked for identification, one of the males tensed his arm as if he was concealing something under his pants pocket. Officers asked him to remove his hands from his pocket.

The juvenile refused.

The officers at that point felt that the youth was concealing contraband. The officers removed his hand and removed a firearm from his pocket. The youth was placed into custody.

A 17-year-old juvenile was charged with possession of a firearm without a permit, possession of ammo without a permit and carrying a loaded firearm without a permit.

CAR BREAKER

On Oct. 31, at 2:20 a.m., CPD officers responded to 9 Shurtleff St. for a report of breaking and entering to a motor vehicle in progress. As officers began to arrive on the scene, they were notified by Chelsea Dispatch that a caller had observed the suspect attempting to break into a parked motor vehicle. It was reported to officers that the suspect had then walked away heading towards Marginal Street. Officers detained the suspect and recovered in his possession items taken from the car.

He was placed under arrest.

Anthony Benson, 27, of East Boston, was charged with larceny of a motor vehicle and larceny under $1,200 by scheme.

FOILED ON FACEBOOK

On Nov. 2, CPD detectives became aware of a social media post on Facebook that contained still images of a person who broke into a Chelsea resident’s home located on Spencer Avenue. This video was posted and made public by the reporting victim. Based on the image of the male subject in question, a BOLO was put out, and Chelsea officers observed the male and placed him under arrest later that evening.

Edwin Castro, 29, of 916 Broadway, was charged with breaking and entering in the day for a felony and a probation warrant.

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