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Police: Loud party in Dorchester ends with cops ordering everybody to the ground after gun discovered
By adamg on Sun, 11/29/2015 - 10:27pm
Boston Police report the arrest of two men at a party at 42 Norton St. in Dorchester early Sunday - one for illegal possession of a firearm, one for trying to incite the crowd to whip out their phones and start recording the officers.
Police say officers responding to a party complaint around 12:50 a.m. " a large group of males drinking alcoholic beverages" outside 42 Norton:
While approaching the group with the intention of asking them to disperse, officers noticed and observed one individual, later identified as David Avelino, 27, of Boston, bending over and moving in such a way as if to suggest he was attempting to hide or conceal an object, potentially a firearm. In light of the individual’s suspicious behavior, officers promptly exited their cruiser to further investigate their observations. Once outside their cruiser, officers immediately observed a black firearm on the ground in close proximity to Avelino. As a result, officers immediately unholstered their department issued firearms and ordered all individuals to the ground. While the majority of the group adhered to the officer’s lawful instructions, one suspect, later identified as Joshua Teixeira, 20, of Boston, chose instead to resist and ignore the officers by refusing to get on the ground or to allow officers to see his hands. In addition to the above, Teixeira made several efforts to incite the crowd while instructing them to video the officers on scene.
Avelino was charged with unlawful possession of a firearm, unlawful possession of ammunition and unlawful possession of a loaded firearm. Teixeira was charged with disorderly conduct and resisting arrest.
Innocent, etc.
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Comments
Thanks, Officers
I don't expect Mr Avelino was going hunting with that firearm.
Adam, as always, I hope we can follow this to see if Mr. Avelino is released, or put away for a long time if convicted of possessing an illegal gun.
Know the truth before you blab
I hope you all know that Mr. Avelino is innocent and had no idea there was even a firearm in his surroundings! I'm going to make sure sure they pay for this! Fucking assholes! I wasn't trying to get arrested for a corona bottle but it turned out to be a firearm.
*sigh*
So, assuming the firearm belonged to the guy, and he was indeed moving so as to provide probable cause, they've got a clean arrest there. Also assuming the firearm indeed was present, they gave reasonable instructions to ensure everyone's safety, so the resisting charge seems appropriate.
But then do they really need to go and add something about inciting the crowd to record the police?! It's legal to record police. People should record the police. And police who are doing their jobs properly should have no issue with being recorded, since it can just as easily protect their asses. This crap is why the police lose credibility, is because some police decided to take a situation that they had perfectly under control and flex their muscles and let everyone know that they will not stand to be recorded, nor for suspects to assert any rights and make sure the arrest is being watched and documented.
Sigh
Doesn't sound like the cops arrested him for trying to videotape them. It looks like a situation where a firearm was present and unsecure with a group of males drinking alcohol. The officers unholstered their sidearms and order people to get on the ground until they could make the scene safe for everyone. This kid decided that he wasn't going to show his hands (officers are thinking that he may have a gun and that's why he won't show his hands) and starts yelling to record them, in an attempt to have people turn on them and add more stress to the situation. He was clearly being disorderly and that's why he was arrested, he failed to follow the officers lawful orders and began yelling...they mention the recording thing bc that was what he was yelling about and they wanted there report to be truthful and complete.
And for all the people who complain about the police, then become one. Take the test and become a cop so you can change it from within instead of bitching about it on the internet.
Well said...
In a situation like that, if the cops tell you to stop recording, stop recording. You can comply, or go protest like a cry baby after you post bail.
Only with your caveat
"In a situation like that," where it's a legal order, should you stop recording.
But, if you believe it's an illegal order (and you're correct), you should continue recording, then sue the police in order to change their behavior going forward. See Glik v. City of Boston.
Your reading your version of events.
When did the cops "have the situation under control" like you said? Before the guy refused to show his hands and whipped out his cellphone instead?
Perhaps making assumption the text does not explicitly support?
There have absolutely been (multiple) cases where BPD officers have over-reached their authority when trying to prohibit recording by bystanders. So I would definitely be interested in seeing any video that was recorded.
However, on the other hand it's not clear from my reading of the report that the incitement charge was directly tied to the second arrested individual's efforts to have those present record the officers, or merely concomitant.
If he was trying to get people to get up and get in the officers way or make their arrest of the first suspect any more difficult or dangerous, that's seems like incitement all by itself, whether or not he was telling them to do it while using their cameraphones.
Reaching for cell phones when guns are in play.
Seems dangerous...
Not lately....
...in Boston, anyway. The cops have shown remarkable restraint (especially in comparison to other US cities)
when it comes to using their weapons.
Some other cities
have hideous violent crime problems, violent gang problems, sky high murder rates, that put Boston to shame. If you were a cop in those places, you'd be hyper alert and aggressive, too
Are there people on here who really think the problems with violence in places like Baltimore, St. Louis, Detroit, Chicago....the massive gang problem in L.A....these things are caused by cops? It's cops who're on the front line in these places.
What have BLM done to help stop or slow down the violence and mayhem in some black majority inner city neighborhoods and cities? The vast majority of black people murdered or maimed due to violence in their community are not shot by cops, they're shot, stabbed, beaten, robbed, raped, etc., by black suspects. Serious question, because I'm ignorant regarding anything substantive they've done aside from loud, flashy protests and their meme #blacklivesmatter.
It's because
people who are looking to cause trouble always manage to not hit record until after they're done taking actions that result in certain consequences.
"Here's video of the officer beating my friend down to the ground! BRUTALITY! (But I magically didn't hit record until after she stopped lunging for his holster.)"
zzle
Gun? Booze, try to understand, glad your kids weren't there.
Sounds like it was more about
Sounds like it was more about inciting the crowd -- a very real danger to safety -- than video taping. If he was resisting commands in a situation where firearm(s) were present, the police had every right to be cautious until the scene was secured.
With that said, let's hope someone did video this. It only helps the honest side.
Just those two things?
Not "being a minor in possession of alcohol?" Might as well throw everything at him, no?
Teixeira made several efforts
Can't wait to see the lawsuit coming out of this. Boston is already the police department that gave us the judgment in Glick v. Cunniffe (along with a $70,000 payout) that led to people being able to legally record the police without punishment.
You might want to actually read the Glik ruling
The justices said you can record police officers in a public place as long as you're not interfering with their duties, that is, you're creating a recording that "memorializes, without impairing, their work in public spaces."
I was not at the scene (but, hey, neither were you), but I'm suspecting a case could be made that refusing a police order to get on the ground after a gun has just been discovered near you might fall under that exception.
Here's a summary of the ruling, with the entire ruling attached at the end.
Why does everything have to
Why does everything have to be about lawsuits with you?
Video guy
A lot of the time when I hear police arrested someone for Disturbing, it seems bogus.
And agree, police seem to overstep when people video them.
But this one seems legit, at least from this story. Illegal gun present. Failure to show hands.
If the story is as shown, then I hope the charges stand.
You have every right to
You have every right to record cops. They are public servents, if they don't like it they can give up their pay and benefits and quit. I know far too many that would do the job for less, even these days.
What about when a Boston Cop uses his personal phone and escalates the situation like what happened in Roslindale. Him and that other officer who grabbed the handcuffed suspect around the neck should be suspended.
The other incident with the Boston Police Sergeant who stopped what he was doing to walk over and place the toy gun in the person who was recording the situation should have been demoted for unprofessionalism, unbecoming an officer. Who cares he apologized.
BPD and the city has no accountabilty.
Now, I heard Commissioner Evans wants to ban recording cops. Are you crazy? As you can see more and more cops are getting in trouble unlike before because the truth comes out when they are being recorded.
What a shame! The whole department needs an overhaul.
Too clean of an arrest
I for one have sat In and listened to police lie on the stand and the DA call there lies little mistakes that were made while modifying the report for several hours before submitting to evidence. The police will say what they want to make there case. If in deed there was a weapon they will charge the person closes to it not because they seen a sudden movement just because that person was the closes to it but they have absolutely no proof that it belonged to any one single person because it was in no ones possession as for disorderly conduct and resisting arrest if I am innocent no I will not lay down on the wet ground I will not be treated as a criminal if I am not one and yes every movement the law enforcements make should be recorded and monitored for compliance purposes they in every occasion overstep there boundary.
So that sounds easy enough.
If you have an illegal gun, and the cops come around, just put it next to you and they can't prove it is yours!!!
God help us.