Question: What Do You Do When An Officer Tells You You’re Free To Leave?

On Sunday, January 24, 2010, at approximately 10:24pm, Boston Police Officers assigned to Area B-2 (Roxbury), responded to 1 Nazing Court, apartment #3 for a report of a disturbance. While en-route, officers were informed that the caller’s boyfriend was throwing things around the apartment.

Upon arrival, officers observed an individual they believed to be the suspect. As they approached, the individual attempted to avoid them and exit the building. The individual was detained and brought to the caller’s apartment. While escorting him, he became aggressive towards officers and belligerent. Officers then learned that this individual was the suspect and the boyfriend of the caller.

The officers noted the caller to be crying and attempting to sweep up dirt from a tipped over plant. They observed the apartment to be in disarray, with broken glass and a broken flat screen television on the floor. The officers then observed another male standing in the kitchen that appeared to be under the influence of alcohol. They learned he was the cousin of the suspect. The caller informed officers that the two males were drinking vodka and watching football when her boyfriend became angry and violent. She stated he began throwing things around the apartment and breaking various items.

At this time, officers placed the caller’s boyfriend into custody without incident. The suspect’s cousin was then told he was free to leave and instructed to vacate the caller’s apartment. The officers then attempted to walk the handcuffed suspect out of the residence. The suspect’s cousin refused to leave the apartment and continued to interfere with the officers by blocking the exit door. Repeated orders for him to leave were ignored which forced the officers to place him into custody as well.

Officers arrested Gilbert Santos, 39, of Dorchester on the charges of Domestic Assault by Means of a Dangerous Weapon. Also arrested, Belgie Sostre, 38, of Dorchester on the charges of Assault & Battery on a Police Officer, Disorderly Person and Resisting Arrest.