Date & Time: 8/11/2011 22:20
Narrative Description: Dist. the Peace & Resisting Arrest
Entered by: Patrolman Robert Burchill
Status: Open
Last Edit Date: 08/11/2011
On the above date and time, I along with Sgt. THIBEAULT were working a paid detail at the St. Rocco's Festival on the grounds of St. Mary's, I was approached by Peter Brunelli, the Chairman of the Festival, who stated that he had received several complaints of a white male wearing a red and grey shirt, brown hair and a beard that was handing out literature to people on the grounds and that he wanted the party removed from the property. Mr. Brunelli stated that no one was suppose to be handing anything out. Mr. Brunelli showed me a pamphlet about abortion, I searched the grounds and found the subject matching that description.
I approached the suspect and asked him for a ID, I asked him what he was doing here, he replied that he was handing out information. I then asked him again for some form of identification, he refused to tell me his name, I again asked to see some form of identification. He refused, stating he did not have to and he did not have one. I informed the subject that this was private property and that I needed to know who I was dealing with, The subject later identified as a Peter J. Dattilio of 44 Hancock Ave., Newton (DOB xx-xx-xx), started to leave, I told him to stop and went to block him with my arm extended, he pushed past me, I informed him that he needed to produce some identification as I was conducting a investigation. People started to gather around myself and I was joined by Sgt. THIBEAULT. Myself and Sgt. THIBEAULT asked several more times for some identification, the subject again refused, stating that we had no right to detain him (as I talking to him, the subject was staring at me, like he was staring right through me). I then informed him that if he did not produce a ID, that he was going to be placed under arrest for Disturbing the Peace, because he was creating a scene. The subject was then informed that he was being placed under arrest for Disturbing the Peace. While I was trying to place the handcuffs on him, he pulled away and had to be physically restrained and then handcuffed by myself and Sgt. THIBEAULT. The subject was then hand cuffed (DL) and escorted to the exit by Queen St. and I called for a marked cruiser.
Once Ptls. GUARINO & ZIMMERMAN arrived, we attempted to place the subject in Ptl. GUARINO's cruiser, he resisted again and had to be physically put into the cruiser. Ptl. GUARINO then transported the subject to the station to be booked. Once the station, the subject was identified as a Peter J. Dattilio of 44 Hancock St., Newton, Mr. Dattilio was booked by Sgt. MANOCCHIO, the shift commander and advised of his rights. He was then placed in a cell to await bail. Mr. Dattilio was charged with Disturbing the Peace and Resisting Arrest.
On the above date and time, I along with Sgt THIBEAULT were working a paid detail at the St Rocco's Festival on the grounds of St Mary's. I was approached by Peter Brunelli, the chairman of the Festival, who stated that he had received several complaints of a white male wearing a red and grey shirt, brown hair and a beard that was handing out literature on the grounds and that he wanted the party removed from the property. Mr Brunelli stated that no one was suppose [SIC] to be handing anything out. Mr Brunelli showed me a pamphlet about abortion. I searched the grounds and found the subject matching that description.
All anyone had to do was ask me to leave, and I would immediately have done so.
I approached the suspect & asked him for a ID.
I was willing to just leave. The officer did not say why he needed an ID. Police are required to have probable cause of a crime committed to demand an ID. There was no crime involved here whatsoever.
I asked him what he was doing here, he replied that he was handing out information. I then asked him again for some form of ID, he refused to tell me his name, I again asked to see some form of identification, he refused stating he did not have to and he did not have one.
I never said I did not have an ID. That is a lie.
I informed the subject that this was private property and that I needed to know who I was dealing with.
I said, "If this is private property then I'll just leave." He said no. So I didn't. Again, he indicated no probable cause to demand an ID. "Private property" has nothing to do with it.
The subject later identified as a Peter J Dattilio of 44 Hancock Ave., Newton (DOB xx-xx-xx), started to leave, I told him to stop and went to block him with my arm extended, he pushed passed [SIC] me,
This never happened. He never put his arm out to block me. And I didn't "start to leave" or "push past" him. That could constitute an assault on a police officer - why wasn't I charged with that?
I informed him that he needed to produce some identification as I was conducting a investigation.
Conducting an investigation? What kind of investigation? He never told me that. There's no investigation mentioned anywhere. It seems he just made that up.
People started to gather around
People never started to gather around. I don't know why he made that up.
myself and I was joined by Sgt THIEAULT. Myself and Sgt THIBEAULT asked several more times for some identification,
He asked for ID several times. He became more and more enraged. But I know my rights to remain silent if I did nothing wrong.
the subject again refused, stating that we had no right to detain him
Yes, I said that - one of the few true statements in this report.
(as I talked to him, the subject was staring at me, like he was staring right through me).
This is a bizarre statement that I have no idea what he is talking about.
I then informed him that if he did not produce a ID, that he was going to be placed under arrest for disturbing the peace.
He also said it is unlawful not to ID oneself to a cop (which I believe is not true). But he didn't charge me with that, either.
while I was trying to place the handcuffs on him, he pulled away & had to be physically restrained and then handcuffed by myself and Sgt THIBEAULT.
This never happened. I simply stood there. I didn't resist in any way at all. Why would I?
The subject was then hand cuffed (DL) and escorted to the exit by Queen St. and I called for a marked cruiser. Once Ptls. GUARINO & ZIMMERMAN arrived, we attempted to place the subject in Ptl. GUARINO'S cruiser, he resisted again
This never happened. That would be at least a third assault on a police officer. Again, why was I not charged with assaulting a police officer, which is a felony.
and had to be physically put into the cruiser.
When I was going into the cruiser peacefully, on my own (and handcuffed behind my back) that's when he punched me in the face.
Ptl. GUARINO then transported the subject to the station to be booked. Once (at) the station, the subject was identified as a Peter J. Dattilio of 44 Hancock St. , Newton, Mr Dattilio was booked by Sgt. Manocchio, the shift commander and advised of his rights. He was then placed in a cell to await bail.. Mr Dattilio was charged with Disturbing the Peace and Resisting Arrest.
I was not charged with Disturbing the Peace. I was charged with Disorderly Conduct. Why did they change it?
