PDA

View Full Version : Man charged with assaulting girlfriend, officer



UtahProtectionForce
05-08-2007, 04:03 PM
LEOMINSTER— A 27-year-old man has been charged with assaulting his girlfriend and driving a Ford Contour into a security officer, according to court records.

Benjamin Figueroa of 17 State St. K, is charged with assault and battery with a dangerous weapon (motor vehicle), assault and battery, and vandalizing property, according to court records. Mr. Figueroa also is wanted on warrants out of Springfield. He was arraigned yesterday in Leominster District Court. Bail was set at $1,500 cash and a pretrial hearing was set for May 24. In setting bail, Judge John J. Curran Jr. cited the defendant’s criminal history and prior defaults on his record.

Police Officer Sean E. Ferguson gave the following account:


Officer Ferguson and other officers were dispatched to 17 State St. at 10:53 p.m. Thursday for a report of an unwanted guest.

“Upon arrival, I observed blood smears on the walls and doors in the common hallway,” he wrote.

Maritza Soto, 25, of 17 State St., is Mr. Figueroa’s girlfriend. She was sitting on the stairs, and inside her apartment, police found chairs knocked over, blood on the floor and furniture, and a broken mirror.

Ms. Soto told police she and Mr. Figueroa were arguing and when she asked him to leave, he allegedly began to throw furnishings around, tried to kill her pet birds, then punched a bedroom mirror and broke it. He allegedly grabbed Ms. Soto and wouldn’t let her go, until she was able to run out and call police from a neighbor’s apartment.

Police dispatch advised officers to be on the lookout for Mr. Figueroa. About 10 minutes later, Officer Ferguson was notified that an apartment security officer, George H. Leighton, 42, had been involved in an incident with Mr. Figueroa. Mr. Leighton told police that after the officers left, he saw Mr. Figueroa enter the apartment building. He found the suspect in front of Ms. Soto’s apartment, where the two were arguing through the door.

Mr. Leighton told Mr. Figueroa that police wanted to speak with him, and the suspect ran from the apartment. The security officer followed him into the parking lot and saw him get into a Contour. Mr. Leighton stood in front of the vehicle.

“At this point, Mr. Figueroa drove the vehicle into Mr. Leighton,” Officer Ferguson wrote. The security guard was hit on the left leg and knocked to the ground, suffering minor injuries.

The suspect fled, but was tracked down by a state police dog. Mr. Figueroa was treated for an injury to his right forearm caused by breaking the mirror and another injury to his left leg that occurred as he fled police, according to the report.

The Contour, which couldn’t be driven after the incident because of damage to its transmission, belongs to Ms. Soto, but she didn’t want to file a stolen motor vehicle report.
http://www.telegram.com/apps/pbcs.dll/article?AID=/20070428/NEWS/704280341/1008/NEWS02

N. A. Corbier
05-08-2007, 06:22 PM
Do not stand in front of vehicles unless you are both denser than the metal the frame is constructed of, and are heavier than the vehicle you are trying to stop.

Unless you are some kind of mechanoid that can put out several hundred pounds of torque, the car will run you over and you will fail to stop it.

Even if you are armed, and shoot the driver dead, you now have an unguided missile coming at you!

Mr. Security
05-09-2007, 09:51 PM
..... but she didn’t want to file a stolen motor vehicle report.....

Typical domestic violence reaction. :rolleyes: Always remember that before you get into the middle of such disputes. Like Nathan said, the result was predictable.

N. A. Corbier
05-10-2007, 01:34 AM
For a felony property crime, the victim's permission is not required to arrest or "press charges." What you should be determining is if there is probable cause to make an arrest before you attempt to. If she says, "he stole my car," and you can determine she is the owner or rightful representative, there's your probable cause.

If she recants, its still OK because a reasonable person would believe, at the time, that a felony was being committed.

The idea is to know, before you get involved, the legal and tactical ramifications of your intervention.