Trial Court of Massachusetts STATEMENT OF FACTS IN SUPPORT OF 1 OF 2. | District Court Department [APPLICATION FOR CRIMINAL COMPLAINT a ae | 60URT BMISION “The undersigned alleges the following as a (| full or (“partial statement Eastern Hampshire District Ct. ual Basis fo the offense(s) for which a criminal complaint is sought. 205 STATE ST, P.0. BOX 1490, ‘ofthe factual basis forthe offenso(s) <1 el a Ree ee ee 4) 0n.02/27/2016 at approximately 0020 hours, Officer Benton Carr, Sean Hyde, and |, Andrew Hulse, were dispatched to #24 Summer Street for a report of a loud party. Upon my arrival on scene | exited from my cruiser on of my cruiser, | could hear an excessive level of noise consistent with a large ‘Summer Street. From the locati social gathering taking place at #24 Summer Street. 2) Summer Street consists of single family houses and is largely a residential area. The unreasonable noise a coming from #24 Summer Street was disturbing the relative calm of a quiet residential area at 0020 hours in the morning. As | approached #24 Summer Street, | observed a large house party taking place at that location that was coverfiowing with approximately 100 house guest inside and outside of the residence. | observed heavy pedestrian _ traffic flowing to and from the house without due regard for the now disturbed peace of neighboring residents. This. pedestrian traffic from the house party was spilling over onto neighboring properties and into the roadway which was creating a traffic hazard. A resident of #24 Summer Street was identified as Dennis J. TRUJILLO, (DOB tama903) i = 3) During the course of clearing out the residence of all party guests, | advised TRUJILLO that he was being placed under arrest for violation of Amherst Town Bylaw for Unlaw Noise. As TRUJILLO stood in the doorway of the residence, | placed my left hand on TRUJILLO's right elbow and advised him to place his hands behind his back. _ pull his right armfrom my gras} as he attempted tc TRUJILLO immediately took two steps backwards into his hou: then placed my right hand on TRUJILLO’s right elbow while continuing to issue verbal commands for TRUJILLO to stop resisting. However, TRUJILLO continued to resist arrest by backpedalling away from me while continuing to attempt to tense his muscles and pull his right arm away from my grasp. With the assistance of Officer Carr and Officer Hyde, TRUJILLO was successfully placed under arrest and charged with the following: Violation of Amherst Town Bylaw - Article 2/Section 3: Unlawful Noise. Violation of M.G.L. c268/328 - Re sisting Arrest.TE CG 6! aaa 1_OF 1_| District Court Department | rATEMENT OF FACTS IN SUPPORT OF [APPLICATION FOR CRIMINAL COMPLA\ ‘COURT DIVISION Eastern Hamps! istrict Ct. 205 STATE ST , P.O. BOX 1490 BELCHERTOWN, MA. 01007 The undersigned alleges the following as a () full or (XY partial statement vot the factual basis for the offense(s) for which a criminsl Yomplaint is sought. 2016 at approximately 0020 hours officer of the Amherst Police Department On Saturday, February 27, responded to 24 Summer Street for a reported noise complaint. Multiple voices and loud music could be heard coming | from inside the above address. Multiple guests were walking through the neighboring properties and were in the narrow street. The volume of noise was excessive for the early morning hours in a residential neighborhood It took | several attempts within ten minutes to contact a resident of the house. The resident was instructed to have all the | leave (approximately 40 minutes). As the resident was placed under arrest for unlawful noise, Bailey Smith (DOB: | @BNI4) became extremely loud and failed her arms towards Officer Hulse. Smith did assault and batter a police officer by using her shoulder to push Officer Hulse and interfere with the arrest of the resident. Another resident was being placed under arrest and Smith did assault and batter a police officer by aggressively wrapping her arms in a “bear hug" motion around Officer Carr. ‘Smith's tumultuous behavior created a hazardous condition for Officer Hulse, Officer Carr and the arrestee's who were all on a small staircase. Smith's actions caused a potential risk for officers to lose their balance and fall down the stairs. At the conclusion of this incident, approximately 100 guests had left the residence. Smith was advised she was being charged with Unlawful Noise, per TBLA2S3, Resisting 3) _ Two residents of #24 Summer Street was Successfully identified as Dennis J. TRUJILLO, DOB $age1993, and Jensen P. GAUTHIE! i Jen: AU R, (DOB -@ga@8"1994). It was at this time that | advised TRUJILLO and GAUTHIER that they were being placed under arrest for the violation of Amherst Town Bylaw for Unlaw Noise. Upon placing TRUJILLO and GAUTHIER into custody, a third male party identified himself as a resident of #24 Summer Street. This third resident identified himself as Mychal