Town of Randolph, MA - Board of Selectmen Minutes 03/30/2009

Officer Frazier was on duty as a detail officer beginning at 11:00 p.m. on the night of February 19^th. He stated that at the beginning of his shift, there was confusion at the front door with patrons and musical acts arriving who were under 21 being refused entry by the club’s manager. He is not aware of any underage patrons or artists who were allowed to enter the club. The manager, Steven Mahoney, was checking IDs. Officer Frazier believes Mr. Bonvie was inside the club at the time. A report came in from the security staff that a fight was going on inside between the bar and the dance floor.

When he arrived, he saw Officer Moy attempting to break up the fight and gain control, and patrons were interfering and pushing and shoving. He heard a girl say that she didn’t want to “get shot” over this. There were 10-12 people in the group, and the officers moved them upstairs to the front to escort them out of the club. When they got to the front door, confusion ensued. Mr. Price, one of the patrons involved in the fight, was combative so he was detained. Three females who were refused entrance earlier took the confusion as their opportunity to sneak into the club. At least one of the girls was underage. The girls ran through the entrance and through the metal detector. The officers ran after the girls. Officers Frazier, Moy and Beale each found one of the girls and brought them back to the front door. When they were about to arrest the girl who was underage, someone yelled out “they’re shooting” and people started pushing and shoving other people down the stairs. Approximately 20 people came running into the club. Officer Frazier stated that it was out of control and that it was chaos, so have gave the signal to shut down the club and turn on the lights. He cannot recall seeing Mr. Bonvie, but does not believe he was in control of the club at the time. The three girls were not served.

Once everyone was out of the club, the officers went outside. There were shell casings between the West side of the club and Ace Hardware. He recognized Mr. Price and other patrons of the club milling around. At least one of the girls from inside the club with Mr. Price was there. Mr. Price had injuries to his face that were from another altercation outside. He did not see any patrons who appeared to be intoxicated. Officer Frazier spoke with the promoter, who was under the impression that if people were under the age of 21 but were performing, they would be allowed in the club. When Officer Frazier entered the club and went to assist with the fight, he found Officer Moy surrounded by a group of people in a threatening manner. He estimates that a total of 150-160 people were in the club at the time of the altercation.

Officer Frazier stated that Officer Beale was the senior officer on duty that night. He stated that police details generally stay in the foyer, just outside the front door or beyond the metal detector. Unless there is a request or specific situation, the officers make the determination as to where to stand. The officers are in control of their positions at any time, unless they are specifically asked to go somewhere. The underage female patron was never served. Mr. Mahoney turned other underage patrons away and called the officers’ attention to the incident. When he arrived at the altercation, Officer Frazier did not see any punches thrown, but he did see other patrons interfering with the removal of the patron from the club. The security people helped and cooperated with shutting down the bar, which was the appropriate action. Officer Frazier believes that the fight inside is directly related to the shooting outside. While Mr. Price was detained, Officer Frazier was able to see that Mr. Price was not injured. Mr. Price was allowed to leave the club with a friend who was going to escort him to his car. Officer Frazier saw Mr. Price leave the building.

Officer Frazer stated that he believes his report is thorough and accurate. Attorney Aieta showed him a copy of his report and asked him to read his description of Mr. Price from the Report. Officer Frazier stated that he did not include that in his report, and that his report was based on why the club was shut down and what happened inside the club. He did not include the second altercation because it occurred outside and because it was corroborated by other officers and witnesses. Officer Frazier stated that Mr. Price was not shot. He believes Mr. Price was interviewed; however, Officer Frazier did not interview him. The shell casings were found all around Mr. Price’s car. Officer Frazier did observe the shell casings, Mr. Price’s condition inside the club, and Mr. Price’s condition outside the club. He did not write about it because it was not relevant to his function as a detail officer that night. If he was going to be the only person who reported on the incident, it would be in the report.

Officer Moy was on duty as a detail officer on February 19. He was scheduled to work from 10:30 p.m. – 2:30 a.m. When he arrived at 10:25, there was a line at the door and Officer Haygood was at the stairway. A half hour later, problems arose at the door. The scheduled performer was under 21 and there were some people with him without identification. The owners/managers did not discuss a special set up for the night regarding wrist bands or anyone under 21. One of the security people notified him of a fight at the main bar. He notified Officer Frazier and Officer Haygood. He saw Mr. Price being held down by his friends in a shoving match. He grabbed onto Mr. Price with one arm, since people were grabbing him close to his gun. He took a drink from Mr. Price. He smelled alcohol on Mr. Price and believes he was intoxicated, since he was slurring his speech and his eyes were glassy. Officer Haygood and Frazier arrived to help him break the fight up and escort the group out of the club. At the time, Mr. Price did not have any marks on his face. When he got to the door, a group of people said they would escort Mr. Price to his car. At the same time, three girls entered the club who were underage. Mr. Mahoney yelled to stop the three girls. The officers found the girls in a room behind the main bar. As they were making their way to the door, a rush of people came running in claiming that someone was shooting. The metal detector was moved, people were jumping over the bar, and there were people on the floor. He thought he saw Officer Beale get knocked down but he was outside when he got outside. He saw Mr. Bonvie at the main bar area. He does not believe Mr. Bonvie was aware of what was going on at the front door because the main bar is about 20-30 feet from the front door. Spent casings were found in the alley between Rocky’s and the Vault Room. He recognized Mr. Price and the female he was with outside. Mr. Price’s face was bloody and his short was torn.

Mr. DeRensis: When Officer Moy saw Mr. Price outside, his face was bloody and his shirt was torn. It was different from the condition he was in when he was inside the club. He heard the performers say that they were going to perform and leave, but the officers would not let them in. Attorney DeRensis asked if the management of the club ever took charge of the front entrance to sort out the claim that underage performers were entitled to be in the bar, and if the promoter was under impression that performers could be underage and perform. Officer Moy does not know if there was an arrangement with the promoters, but believes it is necessary to have a system in place (i.e., bracelets). It is his understanding that it was a 21 and over night. He took Mr. Price out at 11:20. About 5-10 minutes later, the people started shouting that shots were fired.

Officer Moy was not directed by Officer Beale as to where to stand. He has worked detail before, and usually, if IDs are being checked outside, the officers as stationed outside. No one under 21 was allowed in by management. Security said there was a fight, but when he approached, he only saw people getting shoved. Officers Frazier and Haygood helped to escort the group to the door. The staff did not hinder the group leaving. He believes the fight was related to the shooting. He was face to face with Mr. Price and was going to put him into protective custody. In his opinion, shutting the club down was the right decision and Mr. Bonvie and his staff cooperated. , had slurred speech He believes his police report is accurate and thorough.

Officer Haygood was on duty as a detail officer scheduled from 10:30 p.m. to 2:30 a.m. on the night of February 19^th. At the start of his shift, he noticed a crowd of underage patrons who Steve Mahoney was turning away. The first 15-20 minutes of his shift was spent dealing with underage patrons. He was stationed at the bottom of the stairs. He was radioed by Officer Moy to assist with an altercation at the main bar. There were between 10-12 people involved in the altercation. By the time he got there, everyone was pretty much separated. No one appeared intoxicated. While the officers escorted Mr. Price to the front door, three young females rushed into the front door and passed the checkpoints. He knows that one of the girls were underage because he saw her try to get in earlier in the evening, but she was denied access. None of the girls had drinks in their hands, and he does not believe they were intoxicated. About 10-12 minutes after Mr. Price was escorted out, another group of people started rushing in. Tables were knocked around and the metal detector was moved. The crowd was pushing Officer Beale down the stairs. Officer Haygood was in fear of his safety and the safety of everyone in the bar. He requested twice for Mr. Bonvie to shut down the music. Mr. Bonvie could not hear him, so they moved to somewhere quiet. When he asked Mr. Bonvie to shut it down, he was asked why, so Officer Haygood explained the situation and the music was shut down and lights were turned on. He does not believe Mr. Bonvie was aware of the altercation at the front door. He stated that “all hell broke loose.” When he walked outside, he recalls seeing the State Police and the Braintree Police. He recalled that Mr. Price did not have any injuries when he was escorted out of the club. When he was outside, there was blood on his shirt and injuries on his face. He believes the altercation inside was related to the events outside. The underage people were performers and their entourage. He heard a performer say that his picture was on a poster advertised on the wall in the club. Mr. Mahoney would not let him in because he was underage.

Officer Haygood stated that anytime underage patrons tried to get in, they were denied access. He could not see outside from his position, nor did he see a fight in progress when he got to the main bar. Everyone was pretty much separated by then. Officer Moy and Officer Frazier notified him of the event. He did not notice any staff, but stated that if the staff was there, the three girls would not have run into the bar. He did not see them being served alcohol. He believes the underage girls took advantage of the situation. Mr. Bonvie would not be able to see what was going on at the front door from the main bar area. Shutting the bar down was the appropriate action at the time. It took about 15 minutes to clear out the bar, and the staff cooperated.

Officer Beal was on duty as a detail officer from 11:00 p.m. to 2:30 a.m. on the night of February 19^th. He began his shift outside the club where there was a line of people trying to get in, but were being denied access because they were underage. He recalls that the performers were under age, and a girl who was turning 21 the next day was also trying to get into the club. He recalled a stampede of 15-20 people rushing in yelling that there was a shooting. He heard 8 gunshots. He was knocked down the stairs by the stampede, but he was not knocked to the ground. Once the crowd rushed by him, he went to the main entrance, exited the building, and saw Officer Hughes. Officer Donnelly came down from Mike’s Auto. He saw Mr. Price escorted out of the club earlier, and he was with a female who was also escorted out of the club. He saw Mr. Price leave the club when he was escorted out with his friends. He was angry, but he was not bloody or disheveled. When he was Mr. Price outside, he was bloody and his shirt was ripped. About 5-10 minutes from the time Mr. Price was escorted out of the club passed before he heard the gunshots.

Officer Beal stated that he was the Senior Officer, and that the officers on detail that evening work the Vault Room consistently, so there was not need to direct them. Officer Beal arrived at 11:00 and was outside 10-15 minutes before going in. The officers never had a chance to make sure Mr. Price had actually left the premises. When Mr. Price was walking out the door, the girls ran in, so the officers went after them. Mr. Mahoney did a good job checking ids, and no one under 21 got into the club. Officer Beal was not aware of the altercation until the group was escorted out of the club.

Det. Lt. Sullivan: Wanted confirmation that when girls ran in, there was no security, other than Officer Beal. Officer Beal stated that he was alone and that he stopped anyone else from entering the club. Officer Beal stated that the crowd of people running back into the club were frightened and out of control. Officer Beale works the Vault often. If he is directed to work in a certain area, he goes there. While the officers were bringing out the three girls, the front door was calm until the stampede.

Attorney DeRensis: Asked Officer Beal if spent bullets were in the area where Mr. Price was found. Officer Beal stated that they were. Attorney DeRensis asked what the bar provides in terms of security outside of the bar. Officer Beal stated that ID checks take place outside during warmer weather; overall the lighting is ok, but there are some dark spots. He does not know if there are cameras. The night of February 19^th was cold, windy and snowy. Officer Beal stated that anything about Mr. Price outside after the altercation in the bar is not included in his report.

Officer Hughes was heading to a detail on the other side of town when he met Officer Donnelly in the Sudbury Farms Parking Lot on February 19^th. While he was there, he heard Officer Frazier call on a warrant check. He then heard a series of 9 shots coming from behind Ace Hardware. He saw approximately 15 people running from the scene toward his car and in the opposite direction. He called in what was taking place and Officer Jeff Chaplin then called in an injured party at the Getty gas station. There was fresh snow on the ground, and footprints were found from Getty across to Malai, across Depot street, down the embankment and to Ace Hardware where shell casings were. He spoke to the occupant of a motor vehicle next to the embankment. He observed the victim very briefly. He was lying on the ground visibly in pain, but he did not speak to him. They did not speak.

On the night of February 19, 2009, Officer Chaplin was assigned as a North Sector car. He overheard a radio transmission at 11:40 at the Vault Room. He came up Pleasant Street and turned left onto North Main Street when he saw a black male running from Mary’s Hair Salon across the street to Getty. He pulled into the Getty and told the man running to stop. He was talking on a cell phone and indicated that he was shot. Officer Chaplin checked and found that he was shot in the left foot. Officer Chaplin asked the man who shot him repeatedly, but he would not answer. He said he was shot in a parking lot, but he would not say which parking lot or where. He was totally uncooperative, which is not common in victims who have been shot. The Victim’s name was Ramon Jones, d/o/b 3/19/1983. Officer Chaplin asked Mr. Jones if he had come from the Vault, and he stated that he had.

Detective Clark was on duty February 19, 2009, from 4:00 p.m. - Midnight as a detective. He received a call on the radio of shots fired at 11:30 and responded to the call. He saw Officer Chaplin with Raymond Jones. They were loading the victim in the ambulance when he arrived. He went over to the Vault to make observations and saw Germaine Price near a black BMW. He stated that Mr. Price looked like he had been in an altercation. He spoke with Mr. Price at the scene, who stated that he did not know what happened. There were a total of 10 shell casings (9 were recovered the night of the shooting, one was recovered the day). In the alleyway, there were six .22 rounds, and there was an additional 1 recovered. Also in the alleyway were three 380 and two 22 long bullets that had not been discharged. A fragmented bullet was found the next day under the black BMW. There was a total of 20 casings, 2 live rounds and 1 fragmented. Det. Clark spoke with Mr. Price at the station that evening, and he stated that he did not know what happened. Detective Clark and Detective Lt. Sullivan visited Mr. Jones at the hospital. He stated that he went outside to have a cigarette when he heard gunshots. He ran up the embankment and felt his leg go numb. He then became uncooperative. It is his opinion that he was under the influence of alcohol. Det. Clark learned that Mr. Jones and Mr. Price are friends who live on the same street.

Detective assigned to Youth Violence/Street Crimes unit with Det. Sgt. Anthony Marag. Det. Fisher responded to a call about gunshots at the Vault. He went to Getty to assist Officer Chaplin and assessed Mr. Jones’ his injuries and interviewed him. Mr. Jones was lying on the ground with his shoe off. He had a bullet wound on his left foot. He told Det. Fisher that he was at the Vault, outside smoking a cigarette when he was shot. He was evasive and uncooperative. He stated that he didn’t know who shot him and that he was not involved in an altercation. He said that he was shot before at a club and that this “_ _it happens.” Det. Fisher then went to the Vault and started having tape put up to secure the crime scene. He saw Germaine Price standing outside the club and thought that he may be involved based on some of his observations. He asked him to come to the police station voluntarily. He had blood on his hands, face, shirt, and his shirt was ripped. He refused medical attention and agreed to go to the station voluntarily. He was interviewed for an hour. Mr. Price stated that he had been drinking Remy but did not state that he was drinking in the club. Mr. Price also gave Det. Fisher a few different names during the interview. He stated that he was wearing a $400 shirt and that he dresses nicely and looks good when he goes to the club. He said he got beat up at the club and was very upset with his appearance.

Det. Fisher testified that Mr. Price stated that he was jumped, and he believes that the altercation happened outside of the club. Det. Fisher took pictures of the injuries and said that Mr. Price refused to answer who he was in the fight with. The Pictures were marked as Exhibits 8, 9, 10. There was no gun residue. The footprints in the snow matched those of Ramon Jones. The car was in two different positions. The vehicle was brought back to the station later, but Det. Fisher does not believe tests were done.

Officer Donnelly was assigned as a Northeast Sector Cruiser on February 19. At the start of his shift, he met Patrolmen Hughes in Sudbury Farms Parking lot. They talked and when he was pulling away, he heard 9 gunshots. He headed in the vicinity of the gunshots and when he was looking toward Officer Hughes’ cruiser, he found Germaine Price ducking between vehicles. A female asked for his assistance in getting him to the car. He sat in the black BMW between the Vault and Rocky’s, but it was originally behind Rocky’s. She stated that his name was Jamal Wade, which the female repeated. The BMW was registered to the female Mr. Price was with.

Det. Sgt. Marag was the Detective Supervisor for night shift. Supervising Det. Clark and Det. Fisher. Officer Hughes stated that shots were fired. He and Det. Fisher went to Getty where gunshot victim was. He interviewed 2 females who were with Germain Price. They came to the station. Ms. Andrews was 19, and Ms. Wright was 23. They stated that they were at the Vault. He did not smell alcohol on their breath and stated that they were uncooperative and untruthful and that they hindered the investigation. The females reside in Boston.

Det. Lt. Sullivan responded to a call of shots fired. The crowd was disorderly at the time of his arrival. He was informed that shell casings were located in 2 areas. He was later informed by detail officers that there was an altercation inside the club. After speaking with the officers, he learned that Mr. Price was intoxicated and that he had admitted to Det. Sgt Marag that he was drinking prior to going into the club. Officer Moy stated that he had removed a drink from Mr. Price’s hand. In his opinion, there was an alcohol component.

Mr. DeRensis: Did you form an opinion as to whether or not the facility was under control of its manager at the time of this incident? Det. Lt. Sullivan stated that the management was not in control of the establishment, based on his conversations with the officers who stated that there were a number of under 21 individuals outside and that the under age performers were under the impression that they would be allowed to get into the club. He believes alcohol played a part. The only reason the under 21 issue ended was because of another altercation.

Mr. Vardaro retired as the Administrative Aide to the Chief of Police. He still does some detail work at the Vault Room. The last time he worked there was in February, but he was not working on February 19^th. He has worked with the four officers who were on detail that night and he is familiar with the security in place at the location. When he starts his detail, he makes the determination himself as to where to stand. He has made a sweep of the lot when requested. Mr. Bonvie has requested a sweep of the lot 4-5 times in a night in the past. There were times when the other officers on detail did sweeps of the parking lot. Whenever someone is asked to leave the bar, the officers escort the patron to their car, and he stated that it is part of the job when and if you are able to do so.

Works in Federal Courthouse, and is a special police officer for the Town of Randolph. He worked early February at the Vault and has worked many details there with the four officers on detail the night of February 19^th. He is familiar with security in place at the Vault. He has no concerns with security/staff and stated that they have always cooperated with the police. He has done regular sweeps inside and outside of property, and has had to escort someone out of the building and off of the property. Chief Porter: Were you on detail February 19, 2009? No.

Chief Porter has 34 years as a police officer, 6 as Chief. He is familiar with Mr. Bonvie and the security system in place at the Vault Room as part of the recommendations for upgraded security measures. The recommendations came from a combination of the Board of Selectmen, Chief Porter and Mr. Bonvie. The Chief stated that if a similar business was to come into town, he would use the security systems in place at the Vault Room as a model. He recalled a conversation about there being a tape from the evening in question, but that it could not be accessed or that it was not able to be copied.

Runs security at the Vault Room. He was trained at SRT out of Boston, who came in and gave a course on patrons who are intoxicated. He is TIPS certified and has had training to recognize IDs and calm down any altercations that may come from patrons who have had too much to drink. He was working on February 19^th. He arrived around 7:30-8:00. The first group came in at about 10:00. The person renting the facility arrived with the DJ and some artists. He opened the doors at about 10:45. Everyone coming in at that time claimed to be artists. He was under the impression that there was only one performer. He checked everyone’s ID. Within the first 25 minutes, he turned at least 40 people away who claimed to be with the artists. Detail officers were already on site. Two were there when the doors opened, two arrived before 11. Shortly after opening, he saw a crowd of 4 or five people being escorted out by detail officers. The detail officers brought a guy up the stairs and then his friend offered to take him outside. The police let him leave with his friend. There were a few girls at the bottom of the stairs at the time and he had turned one of the girls away. When he was in the process of telling her to leave, her and her two friends darted through the scanner. He yelled for someone to stop them.

Mr. DeRensis showed Mr. Mahoney the police photos. Mr. Mahoney believes that it is the same man the police were escorting out. Mr. DeRensis asked if Tad Bonvie also has a security Radio and if he knew what was going on. Mr. Mahoney said that he does have a radio, but at the particular time, Mr. Bonvie’s radio was down. Mr. Bonvie was at the main bar at the time the girls bolted in and at the time of the altercation. Once the people rushed in, they ran to the little bar around the money booth as you come in the entrance. Mr. DeRensis asked if “all hell breaking loose” was a fair summary of the people running in. Mr. Mahoney stated that all hell did break loose in that one spot. There were 133 people in the nightclub including artists for the 45 minutes that they actually let people in. The 15 people who ran in weren’t necessarily newcomers. He turned away about 40 people that night for being underage or not appropriately dressed. Mr. Mahoney did not know there were going to be performers until a day or two prior to the event. He was told that the event was a birthday party. Mr. Bonvie added two details prior to the event when he learned there was going to an artist. Advance approval of the Artists performing is Mr. Bonvie’s responsibility. He did allow a poster to be hung on the night of the event an hour before opening.

Mr. Mahoney believes that the altercation at the bar could not be handled by the security at the bar. They told him that they were more comfortable with having a detail handle the altercation. Mr. Bonvie’s earpiece had broken to his radio, so he could not hear what was going on. Mr. Mahoney believes Mr. Bonvie called for the police officer once he was aware of the situation. Mr. Mahoney believes the tape is at the facility and that, to his knowledge, it has not been copied over.

The Club’s capacity is 390. It is not uncommon to have police details assist. Officer Beal was in and out. Anyone coming in would have to pass one of the details on the way in. The lighting outside of the entrances is very good. There are Flood lights pointing right to the entrance. Around the back, on the west side, there is good lighting, but the Rocky’s side alley is poorly lit. The agreement they have with the Dentist is for parking, not lighting. Mr. Mahoney stated that he never felt that he wasn’t in control of the situation. When checking ID’s, he makes sure that it is a Mass ID, Passport, active Military, and/or out of State Licenses. No Green cards. When they come in they have to empty their pockets and women’s bags are searched. They pay admission, put the basket on a table next to the walk-through detector, and if the detector goes off, they are scanned with a wand.