Officers Assaulted by Two Suspects during Arrest
On December 7, 2010 at approximately 9:00pm, members of the B-2 Drug Control Unit were monitoring for drug activity on Tremont St outside the Roxbury Crossing MBTA Station, an area where officers from this squad have made numerous arrests for various drug violations.
Officers attention was drawn to two black males standing out in the frigid cold outside the Roxbury Crossing T Station. One of the males, later identified as Jeffrey Phillips, was observed using his cell phone making several quick phone calls. The two males were observed looking around the area as if they were waiting the arrival of someone. Officers then watched as Phillips walked across Tremont St to a white van that had just pulled up. Phillips walked up to the drivers window and Officers observed the driver, later identified as Luke Elbert, hand something to Phillips and then Phillips hand something back to Elbert. Phillips walked back across the street to the other black male and the two began to walk to Malcolm X Blvd, as the van made a u-turn and went Columbus Ave, outbound.
Due to the training and experience of the Officers and the actions of all parties involved, Officers believed that a drug transaction had just taken place between Phillips and Elbert. Officers also observed the other black male that Phillips was with looking around the area while Phillips was walking across the street, at the van and walking back to him. Officers believed this other male to be a look-out for Law Enforcement. Officers followed the van, while giving a description of the two black males and their location to other members of the squad. Officers stopped the van at Howland St and Harold St. While speaking with the driver of the van, Elbert, he stated that he met the guy at the T Station to borrow $40.00, but did not know his name.
Further inquiry of Elbert revealed that he had a straight warrant out of Dorchester Court for \”Operating after Suspension.\” Elbert was placed under arrest and transported to B-2 for booking. Luke Elbert, 40, of Georgia was arrested and charged with Operating M/V without a License, Operating after Revocation or Suspension and Conspiracy to Violate Drug Laws.
Officers then approached Phillips and the other male, identified as Christopher Howard, on foot on Malcolm X Blvd. Officers identified themselves as Boston Police Officers and that\’s when Phillips was observed bending down and began swallowing, Officers observed plastic in Phillips mouth as he was attempting to swallow. Officers know that drugs are most of the time packaged in plastic baggies. It is also known to Officers that individuals carry the plastic bags containing drugs in their mouth so if they are approached by Police Officers they can swallow it to get rid of the drug evidence.
Officers attempted to stop Phillips from swallowing and during this attempt he pushed Officers. Officers then attempted to place Phillips under arrest for Assault and Battery on a Police Officer and he continued his violent assault and struggle against the Officers. After several minutes of struggling with Phillips he was finally handcuffed. Phillips did make good of swallowing the drugs. Phillips denied any medical attention for the ingestion of the drugs. Phillips was transported to B-2 and booked.
Jeffrey Phillips, 26, of Malden is charged with 3 counts of \”ABPO\” and \”Conspiracy to Violate the Drug Laws.\”
Officers speaking with suspect Howard recovered 2 plastic bags of suspected crack cocaine. Officers then held onto Howard to place him under arrest at which time Howard began to tense up. As officers attempted to place him under arrest he pushed an officer. A violent struggle then ensued and it took several officers to finally handcuff Howard.
Christopher Howard, 28, of Roxbury was placed under arrest and charged with Assault & Battery on a Police Officer, Possession of Class B W/I to Dist 1000\’ of a School Zone and Conspiracy to Violate the Drug Laws.