This is a brief summary pertaining to incident #24018526:

On Wednesday, April 3th, 2024, at 4:30 P.M., I responded to 313 Broadway (Winter Hill Liquor Mart) #2 for people drinking alcohol at the bus stop. East-1 Officer Sergio Garcia responded as well.

Upon my arrival I observed two males, Mr. Pedro Montiel drinking an alcoholic beverage (Rubinoff) and Mr. Jose Argueta Aguilar drinking an alcoholic beverage (Modelo) at the bus stop next to Winter Hill Liquor Mart.

I asked both individuals to leave the bus stop numerous times. Mr. Montiel would not leave the bus stop and told me to "go fuck my mother" as well as "come back to my country and see what I'll do to you." Mr. Montiel continued to ignore my orders to leave and would not move out of the bus stop. I would like to note there were numerous empty Modelo bottles scattered along the sidewalk and street that had been smashed to pieces.  I gave them both several opportunities to leave the area, and comply, which they continued to refuse.  

I then placed both individuals under arrest for violation of Somerville City Ordinance Sec. 9-1 - Alcoholic beverages in public places, which states: "No person shall give, sell, deliver or consume any alcoholic beverage, including but not limited to beer and wine, on any street nor shall any person have in his or her possession an open container containing such beverage on any street, unless said person (1) is a licensed common victualler that has been granted a permit to place and maintain outdoor seating on a public sidewalk (section 12-14) and is duly permitted by the Somerville Licensing Commission to serve alcoholic beverages with food, at outdoor seating, or is a patron thereof, or (2) is licensed to conduct a festival, fiesta, street fair or any similar event (section 8-14(a) and is permitted by the Somerville Licensing Commission to serve alcoholic beverages within the boundaries of said event, or is a patron thereof. For purposes of this subsection a container shall be deemed open, regardless of its closed or capped condition if the original sealant of the bottler has once been broken."

Mr. Montiel and Mr. Aguilar were transported to the Somerville Police Headquarters via unit 200, operated by Officer Timothy Sullivan, and booked by Lieutenant Holland.

I issued Mr. Montiel citation #504450 for violation of Sec. 9-1. I issued Mr. Aguilar citation #504451 for violation of Somerville Municipal Ordinance Sec. 9-1.

Respectfully submitted,

Officer Thomas Lambert

Badge #347

Somerville Police Department