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From YouTube: Boston Licensing Board Violation Hearing 1-31-23
Description
The Licensing Board for the City of Boston holds licensed premise inspection hearings on Tuesdays, transactional hearings on Wednesdays and voting hearings on Thursdays weekly pursuant to Governor Charles Baker’s executive order (the “Order”) issued March 22, 2020, temporarily modifying certain requirements of the Open Meeting Law (M.G.L. ch. 30A s. 20) due to the ongoing public health crisis due to Covid-19 (coronavirus).
A
Good
morning,
this
is
a
hearing
before
the
licensing
board
for
the
city
of
Boston.
Today
is
Tuesday
January
31st
2023..
Today's
hearing
is
being
held
pursuant
to
Temporary
amendments
to
the
open
meeting
law.
That
is
what
allows
us
to
meet.
Virtually
today's
hearing
is
being
recorded
and
will
be
posted
to
the
city
of
Boston's
website.
Before
I
review.
Procedural
matters,
I
will
introduce
chairwoman
Kathleen
Joyce.
A
Thank
you
please
ensure
that
your
audio
and
visuals
are
working
properly.
I
will
call
each
item
in
the
order
that
it
appears
on
this
morning's
agenda.
We'll
then
ask
who
is
present
on
behalf
of
the
licensee
and
who
is
president
on
behalf
of
the
Boston
Police
Department,
and
whether
there
are
any
other
individuals
with
first-hand
knowledge
of
the
alleged
incident
who
wish
to
testify.
A
A
Again,
all
testimony
will
be
limited
only
to
those
individuals
with
first-hand
knowledge
of
the
alleged
incident
begin
with
the
first
item
on
this
morning's
agenda.
Calling
item
number
one:
the
Boston
leco
Corp
doing
business
as
a
legacy
Boston
located
at
71-79,
Warrington
Street
date
of
the
incident.
August
7th
2022
Patron
on
staff,
assault
and
battery,
in
violation
of
Mass
general
laws.
Chapter
138,
section
64
and
chapter
265,
section
13A,
who
is
present
on
behalf
of
the
licensee
foreign.
A
Thank
you
very
much
and
Mr
clevis.
If
you
plan
to
testify,
could
you
please
turn
your
camera
on,
so
we
can
swear
you
in
in
the
meantime,
I
will
ask
who
is
present
on
behalf
of
the
Boston
Police
Department.
A
A
E
F
D
Upon
arrival,
there
was
a
crowd
of
five
of
six
screaming
at
security
Personnel
outside
of
the
club.
The
bouncers
were
waving
at
police
to
quickly
come
over
and
intervene
officers
exited
the
cruiser
and
ordered
several
males
to
back
away
from
staff
officers
then
began
investigating.
The
incident
officer
spoke
with
the
victim
Stephen
Barbosa,
who
was
a
bouncer
at
the
club.
Barbosa
stated
that
a
Brazilian
female
and
her
boyfriend
were
spilling
drinks
inside
of
the
club
and
appeared
heavily
intoxicated
Barbosa
stated.
D
He
was
alerted
that
the
two
needed
to
be
removed
from
the
club
Barbosa
stated
that
he
ordered
the
female
Julia
day,
Alcantara
Laredo
and
her
boyfriend
to
leave
the
club
we're
supposed
to
say
that
a
couple
refused
and
allowed
allowed
a
loud
argument
ensued,
but
most
explained
at
this
point.
He
went
to
physically
remove
the
female
from
the
club
when
he
did
so
for
both
the
stated
he
was
punched
in
the
face
by
the
female
roses
stated.
D
He
then
dragged
the
female
out
of
the
club
and
her
boyfriend,
Brian
De
Barros
and
his
friends
all
jumped
in
Barbosa's
stated
he
was
attacked
by
the
group
and
punched
in
the
face
officer.
Rooney
observed
some
redness
and
swelling
on
verbose's
forehead
above
his
left
eye.
Are
both
a
declined,
EMS
and
said
he
was
not
injured.
D
Laura
stated
she
never
attacked
the
bounces
in
that
she
was
the
one
who
was
punched
in
the
face.
Offices
did
not
observe
any
injuries
on
Laredo
and
she
declined
EMS.
Another
injured
male
was
on
scene
from
the
incident
officer.
Rooney
spoke
with
who
was
pointed
out
by
Barbosa
as
one
of
his
attackers
robosa
state
after
he
was
punched.
He
fell
during
the
scuffle
onto
Korea.
D
D
They
arrived
to
treat
him
per
EMS.
They
advised
that
there
was
appeared
to
be
an
ankle
sprain
and
he
declined
to
be
transported
and
was
advised
to
Ice's
foot.
There
were
no
other
injured
parties
on
on
scene
and
Dustin.
Ems
did
not
transport
any
victims
from
the
incident.
Brian
De
Barros
was
the
boyfriend
of
day
Alcantara
Laredo
and
was
allegedly
to
have
attacked
Barbosa
and
other
staff
when
he
and
his
girlfriend
were
asked
to
leave.
D
The
club
Barbosa
also
pointed
another
suspect,
agile
day
rosconcelos
and
say
he
jumped
in
when
he
was
tasked
with
removing
the
couple
Barbosa
explained.
He
was
punched
grabbed
at
and
punched
by.
All
parties
pushed
grabbed
that
and
punched
by
all
parties.
None
of
the
assaults
occurred
in
the
officers
presence
after
EMS
cleared.
The
scene
offices
ordered
all
patients
to
leave
the
club
and
clear
the
area.
The
alpha
914
Sergeant
McCoy's
has
completed
a
code.
35
licensed
premise:
violation:
number,
zero,
two
six,
six
one
three
and
after
that
was
completed.
A
Thank
you
officer,
Mr
delpinio,
Mr,
Barbosa,
Mr
clevis.
Would
you
like
to
address
the
alleged.
E
All
right,
okay,
you
hear
me
we
can
hear
you.
Okay,
thank
you.
Mr
bobos
is
here
and
I
would
like
to
just
read
some
things
and
then
he'll
be
more
than
happy
to
answer
any
questions
that
the
board
may
have.
E
First
of
all,
the
female
was
never
touched
by
Mr
Barbosa.
Never
we
have
a
picture
of
Mr
Barbosa's
eye
that
he
was
punched
and
he
was
not
punched
by
her
as
it
states
in
the
report.
He
was
punched
by
the
husband's
friend.
E
E
The
female
was
never
touched
again
or
was
hit,
and,
and
so
basically,
what
they're
saying
is
is
that
the
girl
was
punching
the
face
which
is
not
true.
She
was
never
dragged
out
of
the
club,
that's
that's
not
true,
and
and
and
basically
Mr
Barbosa.
It
was
the
one
that
was
attacked,
and
that
was
it
so
Mr
Bob
Moses
here,
and
if
you
have
any
questions
for
him,
please
ask.
A
C
H
B
I
just
wanted
to
say
that
I've
been
working
for
Mr
de
pedio
for
over
nine
years,
my
day,
job
I
work
for
a
life
science,
company,
Millipore,
Sigma
I've,
been
there
five
years,
I'm
a
bioanalyst
during
the
day.
Mr
depedio
was
very
adamant
with
us
about
the
way
we
treat
our
customers
and
he
we
usually
have
a
meeting
once
every
other
week
about
how
we
should
treat
patient
patrons
of
the
club.
We
don't
like
to
have
anyone
exit
their
premises,
because
we
don't
want
a
reputation
of
us.
B
People
are
acting
up
or
if
people
are
being
belligerent,
we
throw
them
out
right
away.
We
try
to
resolve
the
problem
inside
the
club,
so
everyone
can
stay
and
have
a
good
time,
but
as
far
as
her
me
grabbing,
her
I
never
had
any
any
physical
or
I
never
spoke
with
the
female
she's.
Not
she
tried
to
hit
me,
but
she
didn't
hit
me.
She
swung
and
she
missed,
because
she
had.
She
was
trying
to
reach
me
over
her
husband
and
I.
B
Think
her
husband
was
more
embarrassed
that
we
had
to
escort
him
out
because
they
had
a
couple
of
friends
with
them
who
had
a
VIP
table,
so
he
was
trying
to
go
back
in
while
his
wife
was
arguing
with
another
Patron
and
I
took
him
by
the
arm
and
I
said
you
have
to
exit
the
premises
because
you
and
your
wife
are
spilling
drinks
on
customers.
He
got
upset
started
shoving
me.
I,
took
him
by
the
arm
and
told
him
if
he
can
exit
the
premises
and
as
I'm
taking
him
by
the
arm.
B
That's
when
his
other
friend
came
in
and
he
punched
me
in
the
face,
and
once
he
punched
me
in
the
face
we
started
scuffling
and
then
that's
when
we
fell
and
I
fell
on
top
of
them.
Then
I
got
a
radio
call
that
police
officers
are
on
scene,
so
we
escorted
the
husband's
friend
outside
and
once
we
escorted
them
outside,
the
police
was
already
on
scene
and
that's
when
our
the
police
seen
my
eye
and
I
showed
the
police
who
the
two
assaultants
were:
that's
what
they
want
to
see
around.
C
Can
send
it
to
the
board?
It
would
be
easier
for
us
to
have
that
on
file,
but
I
have
a
couple
questions
based
on
the
written
police
report
that
has
been
submitted
in
conjunction
with
this
incident.
The
police
report
states
that,
and
he
did
so
Barbosa
stated
he
was
punched
in
the
face
by
the
female
Barbosa
stated.
He
then
dragged
the
female
out
of
the
club.
Did
you
not
say
that.
B
C
C
Is
this
officer
who
wrote
this
report
is
Officer
Rooney
or
yeah?
Were
you
the
one
that
interviewed
Mr
Barbosa.
D
Yes,
I
did.
D
Yeah
I
mean,
from
my
point
of
view:
Mr
Barbosa
was
the
victim
here
he
was
attacked
and
then,
when
it
got
physical,
he
was
escorting
the
the
patrons
who
assaulted
him
out
of
the
club
when
they
refused
to
leave
that
that's
the
message
that
I
was
trying
to
convey.
Okay
verbally,
he
tried
to
get
them
to
to
leave
they
refused
and
then
he
was
attacked
and
had
to
physically
remove
them.
D
C
K
Do
we
just
have
a
record
of
how
much
the
couple
had
to
drink
and
how
long
they
were
there
before
this
incident?.
E
I
don't
but
this
was
at
the
end
of
the
night.
So
if
we're
talking
about
probably
1
30.,
so
they
probably
were
there
a
few
hours
without
a
doubt.
E
Our
cameras
are
in
and
I
believe
we
sent
over
to
you
all
the
locations
of
every
camera.
A
This
matter
under
advisement.
Thank
you.
Calling
item
number
two
bgga
LLC
located
at
69
Canal
Street
date
of
the
incident;
October
1st
2022
staff
on
Patron
assault
and
battery
in
violation
of
mass.
In
our
last
chapter,
138,
section
64
and
chapter
265,
section
13A,
who
is
present
on
behalf
of
the
licensee.
M
P
Oh,
this
is
Rafael.
Cabral
I
was
the
patron
who
was
assaulted.
A
A
Do
you
sort
of
tell
the
truth,
the
whole
truth
and
nothing
about
the
truth?
I
do
yes,
thank
you
very
much
and
who
will
be
reading
the
police
report
into
the
record.
I
will
officer.
N
A
Of
the
staff
officer
I'm
sorry
to
interrupt
you,
your
your
audio
keeps
coming
in
and
out
I
don't
know
if
it
might
maybe
turning
your
camera
off
might
help
I'm,
not
sure,
but
we're
losing
every
few
words.
Let.
N
N
So
upon
arrival
offices
were
met
out
front
of
Bodega
Canal
by
Jason
D,
benedetto
manager
of
the
establishment.
Mr
D
benedetto
stated
that
he
was
made
aware
of
an
incident
involving
a
patron
of
the
establishment
and
a
security
staff
member
who
he
had
already
moved
to
a
different
location
within
the
nightclub
to
prevent
further
issues.
N
He
then
pointed
out
the
patron
identified
as
Rafael
Cabral,
who
was
standing
by
the
doorway
and
had
visible
lacerations
to
his
nose
and
left
cheek
officers
spoke
to
First
spoke
to
Mr
Cabral,
who
stated
that
he
couldn't
fully
recall
what
had
happened
and
that
he
was
drinking
that
evening.
He
stated
that
he
was
thrown
to
the
ground
by
a
staff
member
who
had
who
he
had
a
picture
of
on
his
phone
and
he
was
kicked
in
the
balls.
He
also
stated
that
his
phone
was
taken
by
staff.
N
However,
a
Good
Samaritan
in
the
area
did
locate
his
phone
down
the
street
and
returned
to
him.
Mr
Cabral
was
evaluated
by
Boston
EMS
a01
DME,
going
with
him.
Officers
then
spoke
with
the
security
staff.
Member
David
Davidian
Mr
Davidian
stated
that
Mr
Cabral
was
inside
the
establishment
and
began
to
cause
issues
prompting
him
to
be
escorted
from
the
property
after
he
was
removed.
He
stood
in
front
of
the
door
and
attempted
to
get
back
into
the
establishment
for
approximately
15
minutes.
N
He
then
started
to
film
Mr
Davidian
and
use
racial
profanity
about
his
appearance.
In
his
Muslim
Heritage
Mr
Davidian
stated
that
Mr
Cabral
continued
to
get
in
his
face
and
at
one
point
he
stated
he
was
going
to
leave
and
get
a
gun.
Mr
Davidian
stated
Mr
Davidian
said
that
after
making
that
statement
about
a
firearm,
he
struck
Mr
Cabral
in
his
face.
Sergeant
mug
Isaac
responded
to
perform
a
licensed
premise:
check,
license
premise:
violation:
26615
was
issued
in
sign
four
by
Mr
D,
benedetto
foreign.
A
Officer
Drew,
we
have
a
supplemental
as
well
will
that
be
read
by
Sergeant
Isaac.
A
Q
Who
detective
I
could
read
that
if
it's
the
supplemental
that
I'm
I
believe
that
you're
talking
about
the
the
first
part
of
the
supplemental
was
identical
to
what
officer
Drew
just
read
the
second
part
of
it?
I
can
read
for
you
detective
Mark
kevich,
the
Boston
police,
civil
rights
unit,
States
the
following,
based
on
the
facts
documented
in
the
original
police
report
and
subsequent
investigation
of
the
incident.
It
appears
that
the
threats
made
by
Mr
Cabral
were
more
likely
than
not
motivated
in
part
by
anti-muslim
bias.
Q
The
incident,
which
was
a
threat,
will
be
classified
as
the
Cru
incident,
but
Mr
Davidian
did
not
want
to
go
forward
with
the
prosecution
at
this
time.
Therefore,
the
incident
was
inactivated
for
Cru
purposes,
foreign.
M
N
M
Thank
you,
sir.
On
this
evening
the
gentleman
a
question
the
Patriots
was
asked
to
leave
because
he
was
being
difficult
with
the
staffs
inside
restaurants.
After
being
asked
several
times
to
leave,
he
was
escorted
from
the
premises
went
outside
and
while
he
was
outside
continue
to
try
to
enter
where
David
Davidian
the
door
person
bought
this
entrance.
M
That
went
on
the
status
report
for
at
least
10
minutes,
during
which
time
he
held
his
phone
in
a
ninja
too,
of
Mr
Davidian
space
swearing
at
him,
calling
him
all
sorts
of
name
towards
the
end
of
this.
He
asked
us
the
video
and
if
he
was
in
fact,
Arabic
or
Muslim
in
the
state
as
it
was
at
which
point
he
started
using
anti-muslim
anti-arabic
slurs
as
well.
M
Mr
vidian
informed
him
that
he
would
be
calling
the
police
and
that
he
should
leave
the
area
at
which
time
the
individual
backed
up,
turned
to
miss
Davidian
and
said
I'm,
going
back
to
my
car
and
get
a
gun
and
made
the
indication
with
his
hand,
making
his
hand
appeared
to
be
a
gun
as
if
he
was
going
to
shoot
Mr
Davidian.
At
this
point,
Mr
Davidian
made
the
decision
that
he
would
not
let
him
go
back
to
his
car.
M
Mr
Davidian
called
management,
The
Colony
at
Boston
Police
Department
and
were
made
with
this
individual
outside
of
public
Police.
Department
came.
M
The
incident
took
place,
as
mentioned
after
about
15
minutes
of
this
harangue
by
Mr
Cabral
and,
as
stated,
we
provided
the
video
of
the
incident
to
the
Boston
Police
Department
foreign.
A
Great,
thank
you
chairman
Joyce.
Would
you
like
to
ask
any
questions
of
the
licensee?
Would
you
like
to
hear
from
the
victim
first.
A
P
Yes,
thank
you
I
guess.
I
would
like
to
offer
my
recollection
of
the
events
as
I
basically
have
several
issues
with
essentially
most
of
what
Mr
ferulo
mentioned
of
his
recollection.
P
I
actually
took
video
of
the
entire
thing,
but
I
guess
I'll
start
from
the
beginning.
So
I
was
actually
headed
to
Bodega
canal,
with
my
girlfriend
to
meet
up
with
a
couple
of
friends
who
are
already
there,
so
we
got
there
at
around
8
45
p.m.
My
friends
were
already
there
at
the
bar
they've
saved
a
couple
of
seats
for
us.
We
went
inside
and
had
drinks.
We
were
there
for
probably
about
two
two
and
a
half
hours
at
that
point.
P
One
of
the
bouncers
on
the
inside
not
Mr
Davidian,
came
to
me
seemingly
out
of
the
blue
and
said
that
I
had
to
leave
I
had
to
pay
the
cover
which
we
weren't
told
we
had
to
pay
when
we
first
got
there.
We
just
you
know,
showed
our
ideas
and
went
inside
so
the
the
bartender
who
was
serving
us
at
that
point,
I
tried
to
wave
off
the
bouncer
said.
P
And
so
the
bouncer
left,
then
he
came
back
grabbed
me.
Threw
me
out
aggressively
at
that
point.
Obviously,
given
I
was
confused
and
you
know
obviously
upset
I
did
take
out
my
phone
to
record.
P
Essentially
whatever
was
going
to
happen
from
that
point
on
I
wasn't
trying
to
get
back
in
I
was
waiting
for
my
friends,
one
of
my
friends,
his
name's
Adam,
came
out
to
try
to
talk
to
the
bouncer
Mr
Davidian
and
I
had
no
interest
in
going
back
inside
I
was
trying
to
leave
and
or
wait
for
my
friends
that
we
could
leave,
but
my
girlfriend
and
Adam's
girlfriend
had
gone
to
the
bathroom,
so
we
were
waiting
on
them.
P
Apparently
the
bouncer
inside
and
the
bartender
started
arguing
while
I
was
outside.
So
that's
why
I
was
waiting
for
about
15
minutes.
My
girlfriend
was
trying
to
close
out,
but
the
bartender
was
arguing
with
the
bouncer
inside
so
essentially,
I
was
waiting
outside
for
that
entire
period
of
time,
at
which
point
I
was
harassed
by
Mr
Davidian,
but
also
a
number
of
other
patrons.
Who
were
you
know,
swearing
at
me
and
calling
me
names
again.
P
I
have
pretty
extensive
video
on
my
phone
of
the
entire
incident
when
it's
happened
at
one
point,
one
of
the
patrons
female
reached
over
and
paused.
My
video,
at
which
point
Mr
Davidian,
kicked
me,
as
the
officer
mentioned
in
the
balls
that
part
I
didn't
catch
on
video,
because
again
the
female
had
paused
my
video,
but
then
I
started
recording
again
and
at
that
point
it's
very
audible
where
I
say.
Oh,
she,
you
know
stopped
the
recording
and
and
mentioned
that
he
kicked
me
so
from
there
on
it
from
there
on.
P
Going
back
and
forth,
both
of
us
were
kind
of
just
having
a
verbal
argument,
but
I
was
relatively
calm.
He
was
clearly
agitated,
I
would
say.
I
was,
of
course,
frustrated
from
the
events,
but
no
point
was
aggressive.
P
I
was
actually
leaving
after
that
15
minutes
to
grab
an
Uber
which
I
texted
my
friends
that
okay
I'm
leaving
see
you
back
at
home,
sometimes
effect,
and
at
that
point
is
when
you
know
I,
don't
recall
it
happening
because
I
was
apparently
snuck
up
from
behind
after
I
left,
then
punched
knocked
out
and
that's
when
my
friend
Adam
ran
out
and
saw
me
fall
into
the
ground.
P
P
My
face
was
completely
swelled
up.
I
had
to
go
to
the
Urgent
Care
the
day
after
and
get
treatment
for
about
two
weeks
been
in
therapy
as
well.
So
it's
been
a
pretty
difficult
ordeal
but
yeah
happy
to
answer
any
questions
as
far
as
the
racial
epithets
or
name
calling
again
I
have
pretty
extensive
video
on
my
phone.
That
goes
against
that
pretty
explicitly
we
didn't.
P
We
didn't
exchange
some
dialogue,
but
essentially
it
was
I
had
mentioned
something
to
him
in
Arabic
BB,
which
means
I,
love
you,
man,
and
at
that
point
he
asked
me
why
I
said
that
and
at
which
point
I
said:
oh
I'm
Muslim
are
you
and
then
he
said
yeah
and
then
he
said
afterwards,
oh
you're,
not
Muslim.
You
can't
be
something
like
that.
So
again,
I
would
I'd
be
happy
to
answer
more
questions
about
that
whole
exchange.
P
But
that's
my
recollection
of
the
events
that
I
took
notes
of
afterwards
and
again
I've.
You
know
been
recalling
it.
Unfortunately,
through
the
therapy
as
well,
but
I
guess
I'll.
Stop
there.
A
C
P
Yeah
he
he
actually
came
out
a
few
times
at
one
point
he
had
mentioned,
or
he
he
was
trying
to
speak
with
Mr
Davidian
to
let
me
back
in
which
I
didn't
have
any
intention
of
doing,
but
he
came
out
a
few
times.
P
It
was
only
when
I
left,
though,
that
he
had
come
out
and
saw
me
from
what
he
told
me.
He
saw
me
fall
into
the
ground
or
the
kind
of
back
end
of
being.
P
I
didn't
I
didn't
know,
so
that's
part
of
what
my
frustration
was
as
well,
but
they
were
inside.
My
girlfriend
told
me
afterwards
that
she
was
trying
to
close
out,
but
because
the
bartender
who
was
serving
us
was
arguing
with
the
bouncer
inside
she
wasn't
able
to
close
out.
So
I
was
just
waiting
for
them
to
leave
and
eventually
I
got.
You
know,
sick
of
you
know,
waiting
and
sick
of
arguing
and
so
I
texted
them
that
okay,
guys
I'll,
you
know
I'm
leaving
I'll
see
you.
J
P
Sure
so
it's
on
my
phone
I'm,
not
sure
I,
think
I've
had
issues
sending
videos
in
the
past.
Is
there
any
way?
That's
easiest.
A
You
through
any
any
format
that
you
can
send
them
into
licensingboard
at
boston.gov,
we'll
make
sure
that
they
are
shared
with
the
Commissioners
and
also
with
the
licensees.
So
they
have
a
chance
to
see
them
as
well.
L
J
Okay
and
then
my
next
question
would
be
for
the
premises.
I
see
that
you've
already
sent
us
a
few
video
clips
from
the
outside.
Do
you
have
any
video
from
inside
as
well
on
that
evening?.
R
Yeah
we
do
we,
we
do
have
video
footage
inside
the
premise
as
well,
but
the
only
footage
of
the
incident
was
outside
I'm,
not
aware
of
anything
inside
happening.
As
far
as
the
the
Patron
has
described,
the
only
incident
I
was
made
aware
of
was
the
one
outside
and
that's
the
video
that
I
gave
to
the
detective.
J
Yeah,
what
I'm
concerned
I
kind
of
want
the
maybe
a
fuller
picture
of
what
than
just
what
happened
outside
and
so
I'm.
Looking
for
some
of
these
interactions
that
happened
inside
where
he
was
Mr,
Cabral
was
first
approached
and
asked
to
leave
and
and.
L
J
That
all
went
as
well
and
then
maybe
even
this
inside
security
staff
and
his
interactions
with
this
with
the
the
bartender.
L
J
A
K
I
mean:
is
there
any
record
of
how
much
you
guys
had
to
drink?
Is
there
any
tab
or
yes,.
P
Yes,
I
have
a
so
I
was
charged
or
my
Cog
was
charged
so
I
have
that
I
believe
that
it
was
split
between
my
card
and
someone
else's
but
as
I
recall,
I
had
had
probably
five
or
six
drinks
somewhere
around
there
between,
like
8
45
to
I,
think
it
was
11,
15
or
11
30..
P
So
something
like
two
two
or
three
beers,
an
old-fashioned,
whiskey,
drink
and
then
I
think
potentially
a
shot
as
well
and
maybe
a
mixed
drink.
P
Leep
I
was
relatively
stable,
I
was
definitely-
and
it's
still,
you
know
a
fair
amount
of
drinks
regardless,
but
I
wasn't.
You
know
again
when
the
situation
happened.
It
was
kind
of
out
of
the
blue.
To
that
point
there
had
been
no
issues
and
yeah
I.
Think
my
friend
or
I
were
being
belligerent,
we're
kind
of
just
at
the
bar
for
that
entire
time,
then
outside
the
bar
I
was
definitely
agitated,
but
relatively
Lucid.
P
A
F
A
M
One
item
people
would
from
Mr
parallel
showing
testimony.
You
should
make
note
of
the
fact
that,
as
he
says,
patrons
outside
were
intervening
not
because
they
were
picking
on
Mr
Cabral,
but
they
were
trying
to
stop
him
from
this
abusive
language
actions.
Etc,
that's
his
own
testimony
that
other
people
of
the
patrons
intervened
between
him
and
Mr
Davidian
how's
that
to
be
considered.
P
Oh
sorry,
that
yeah,
that's
not
what
I
had
said
it's
a
mischaracterization.
They
were
again
I
have
video
that,
while
I
was
just
recording
and
standing
by
a
number
of
patrons
just
were
yelling
at
me
and
swearing,
told
me
that
I
was
a
loser.
Things
like
that.
So
that's
all
in
video.
A
Thank
you,
Mr
Carl.
Thank
you
attorney
furlough.
There
have
been
video
requests
made
from
both
Mr
Cabral
and
also
from
the
license
premise.
You
can
submit
them
to
licensingboard
at
boston.gov.
The
board
will
vote
on
Thursday
morning,
so
the
record
will
remain
open
until
the
end
of
business.
Tomorrow.
M
A
T
Hi,
it's
going
to
be
myself
and
Stuart
Abbott
the
general
manager.
A
A
U
About
1
32
a.m:
on
10
222
officer,
Simonson,
Avila
assigned
to
the
alpha
112
Alpha,
responding
to
a
radio
call
for
a
fight
at
25,
Union
Street
Tennessee's
upon
arrival
officers
were
met
by
the
victim
Eric
Delaney
date
of
birth,
1
1992,
who
stated
while
it's
above
an
unknown
white
male
punched
him
in
the
face
and
fled
the
above.
The
unknown
suspect
fled
in
a
motor
vehicle,
Mass
reg
three
Echo
whiskey,
Lima
33
at
Kia
Soul.
A
Thank
you,
Mr
Abbott.
You
may
proceed.
V
V
A
Hey.
Thank
you
for
that
anything
further
from
the
licensee
I'm.
T
Yes,
I
just
wanted
to
state
that
the
the
two
patrons
were:
never
they
weren't
actually
patrons.
They
were
never
in
Hennessy's.
The
fight
just
occurred
outside
and
we
called
the
police
after
seeing
the
the
victim
passed
out
or
are
knocked
out
so
they're
walking.
C
I,
don't
think
I
have
any
questions.
Thank
you.
J
A
Thank
you
very
much,
thank
you
for
being
with
us
this
morning.
The
board
will
take
this
matter
under
advisement.
Thank
you.
Thank
you,
chairman
Trace
items,
four
and
five
concern
the
same
licensee
stemming
from
the
same
incident.
Would
you
like
to
take
these
two
items
together
or
separately.
C
One
second:
oh:
let's
take
them
separately.
A
Okay,
we'll
start
with
item
number
four
Fuente
cleaning
services,
Thanksgiving
business
as
Billiards
Columbia,
located
at
28,
Bennington
Street
in
East
Boston
did
the
incident
October
September,
24th
and
25th
assault
and
battery
owner
employee
on
a
police
officer
in
violation
of
Madison
or
laws.
Chapter
138,
section
64
and
chapter
265,
section
13
a
D
and
feather
to
disperse
patrons
in
a
safe
and
orderly
way,
in
violation
of
mass
generalize
chapter
138,
section
64,
who
is
present
on
behalf
of
the
licensee.
W
Good
morning,
John
P
Connell
from
Upton
Connell
and
Devlin
on
behalf
of
the
licensee
and
I
believe
Mr
rigoberto,
Restrepo
and
Fernie
ferenas
should
be
here
as
well.
A
W
I
do
see
Mr
Prentice
here.
You
may
recall
that
this
matter
generated
a
criminal
complaint
in
the
East
Boston
District
Court
Mr
print
has
been
advised
by
his
criminal
Council,
not
to
speak
to
Surge
Fifth
Amendment,
but
he
is
here.
Mr
restravo.
The
manager
of
record
was
not
there
that
night,
so
he
cannot
provide
first-hand
information.
However,
we
are
prepared
to
go
forward
in
any
event.
A
A
You
can
you
all,
please
anyone
who
plans
on
testifying.
Please
raise
your
right
hand.
A
A
Y
My
officer
Jordan
great
thank.
X
You,
okay,
all
right
about
one
102
a.m:
on
Saturday,
September,
24th
to
officer
officers,
dornan's
and
Zia
well,
assigned
to
the
gold
101
Alpha
responded
to
a
radio
call
for
a
lot
of
music
being
played
inside
of
28
Bennington
Street
East
Boston.
Due
to
the
ongoing
noise
complaints
with
Belarus
Colombia
and
seven
licensed
premise
violations.
X
The
following
officers
also
arrived
on
scene
officer,
Pell's,
bang
brocco
in
cheers
upon
arrival
officers
could
hear
loud
music
as
they
approach
the
outside
of
Belarus.
Colombia
officers
observed
the
front
door
to
be
shut
and
no
windows
to
the
establishment
to
be
opened.
Officers
were
met
with
the
owner,
Fernie
purines,
who
was
attempting
to
delay
officers
from
entering
the
establishment
by
blocking
the
front
door
officer,
Doran,
informed
Purina's
of
the
loud
music
complaints
and
then
gave
Purina's
multiple
verbal
commands
to
move
away
from
the
door
before
eventually
entering
the
establishment.
X
As
officer
doranis
entered
the
establishment
with
this
department
to
shoot
camera
on,
he
has
a
very
loud
music
coming
from
a
person
at
an
elevated
platform.
Consistent
with
a
DJ
officer,
Doran
also
observed
a
person
in
a
red
dress,
singing
into
an
amplified
microphone.
X
The
stairs
officer
Durham
was
again
approached
by
the
owner
purines,
who
began
questioning
why
the
officers
were
there
officer
dorm,
walked
around
Marines
and
began
descending,
the
rear
flight
of
steps
in
an
attempt
to
locate
the
person
that
was
singing
as
officer
Doran
approaches
the
bottom
of
the
stairs.
He
observed
the
singer,
Alex
Hernandez
in
a
storage
basement
attempting
to
hide
as
officer
dorm,
was
attempting
to
get
information
and
remove
the
potty
from
the
basement.
X
Fernie
puranas,
grabbed
officer
Doran
in
the
left,
shoulder
in
an
attempt
to
place
himself
between
the
officer
and
Alex
Hernandez
officer,
pells,
standing
behind
purines
and
officer
Doran
observed
Purina
is
grabbing
the
officer
and
placed
him
in
handcuffs
Sergeant
mokus.
The
gold
909
arrived
on
scene
and
issued
a
violation:
number
zero,
two
six,
six,
five,
four
for
overcrowding
of
the
establishment
officer,
Sullivan
Venezia
counted
64
occupants
inside
the
establishment
on
a
49
person
capacity,
the
unlicensed
live
music
and
officer.
X
X
Purines
was
transported
to
A1,
where
he
was
booked
and
charged
with
a
b
assault
and
battery
on
a
police
officer
and
intimidation
of
a
police
officer.
That's
the
end
of
the
report.
Y
The
lpv
that
was
issued
on
9
25
2022,
massage
detective
William
Gallagher
under
the
direction
of
tenant,
detective
Adrian
Troy
signed
license
premise
unit
to
license
premise:
inspection
notice,
number,
zero,
five,
nine,
seven,
three,
eight
Volaris
Colombia
for
assault
and
battery
owner,
slash
employee
and
police
officer,
affiliate,
Express,
patrons
and
safe
and
orderly
Mana.
These
incidents
occurred
on
9
24
2022
at
101
when
members
of
the
Boston
Police
Department
assigned
to
District
87
responded
to
Belarus,
Columbia,
29,
I'm,
sorry,
28,
brandican,
Street
report
of
live
music
into
the
body
neighborhood.
A
A
You
and
officials,
have
you
been
sworn
in
yet.
N
A
Z
About
1
20
a.m:
Saturday
September,
24,
2022
officer
shares
in
the
gold
425
Alpha
respond
to
a
radio
call
to
assist
officer,
Sullivan,
Venezia
and
Dora
in
the
gold
101
Alpha
for
allow
music
at
28,
Benefit,
Street,
East
Boston
upon
arrival
officers.
She
has
deserved
officer
during
had
a
suspect
placed
in
had
suspect
in
custody
and
placed
him
in
the
cruiser
officer.
Sullivan
Venezia
walked
over
to
the
officers
and
explained
what
happened
inside
28,
Billington,
Street,
billiards,
Columbia,
Patrol
supervisor,
Sergeant
Lucas
and
the
gold
909
arrived
on
Cena
conducted
at
code.
Z
35
licensed
premise
check.
While
officer
Shields
was
standing
in
front
of
28
Pennington
Street.
He
noticed
a
large
amount
of
traffic
start
to
back
up
on
Bennington
Street
officer
walked
over
to
the
front
of
business
street
parking
lot
and
started
directing
traffic
after
heard
a
loud
commotion
and
reserved
a
suspect
later
identified
as
Samuel
monteo
bustamina.
What?
What's
the
mean?
Tape
standing
behind
the
Boston
police,
cruiser
85-37
and
appeared
to
be
urinating
on
the
cruiser
I
also
walked
over
to
the
suspect,
didn't
notice.
Z
A
C
A
Sure
we'll
do
I'll
read
you
to
the
record
item
number
five
as
well,
and
we
will
take
them
together
for
your
request.
I'm
number
five
same
licensee
appointed
Cleaning,
Services
Inc
also
doing
business
as
Polaris
Columbia
located
at
28,
Bennington
Street
clerical
error
on
the
date
here
it
was
this
same
date
same
incident
of
September
25th,
2022
overcrowding,
64
people
counted
capacity,
49
in
violation
of
Mass
General
loss,
chapter
138,
section
64
and
Boards
rule
1.03,
J
and
1.06
a
and
F
attorney
Canal.
A
Thank
you.
Are
there
any
other
members
of
the
Boston
Police
Department
who
are
going
to
testify
on
item
number
five.
A
AB
A
You
can
you,
please
read
the
police
report.
That
is
the
basis
of
item
number
five
into
the
record.
AB
So
it's
the
same
report
that
us
adorned
already
read.
Do
you
want
me
to
read
it
again.
AB
A
Thank
you.
That
is
all
then
thank
you
attorney.
Kennel
I.
Would
you
like
to
address
the
alleged
incident
I.
W
I
do
not
have
any
questions
for
the
officers.
Thank
you.
I
would
like
to
say
good
morning,
Madam
chair
members
of
the
board
Mr
Green.
This
incident
was
four
months
ago
back
in
September
of
last
year,
you
may
recall
that
we
had
a
hearing
on
the
mocal
side
for
this,
essentially
the
same
event.
At
that
time,
we
presented
a
copy
of
the
videotape
from
the
licensee
inside
the
establishment
that
shows,
when
the
police
officers
entered
and
I
believe.
W
You
may
recall
that
the
videotape
shows
a
very
organized
quiet,
relaxed
atmosphere
with
nobody
standing
around
no
overcrowding
at
all
where
the
police
officers
came
in.
There
was
nobody
on
an
elevated
platform.
There
was
the
Entertainer
who
was
wrapping
up
her
night
she's
done
a
microphone.
W
Testimony
would
be
that
she
was
saying
good
night
to
everybody,
and
the
police
officers
pursued
the
Entertainer
out
the
back
door
at
which
time
Mr
Price,
trying
to
help
the
Entertainer
put
his
hand
on
it
allegedly
put
his
hand
on
the
shoulder
of
the
police
officer,
and
that
is
the
gravaman
of
this
complaint.
We
regret
that
dismissed
understanding
with
regard
to
the
apprehension
or
the
pursuit
of
the
Entertainer
happen.
We
think
it
was
a
mistaking
communication.
We
regret
that
we
requested
the
body
cam
footage
of
the
police
officers
that
night.
W
That
would
show
from
the
moment
they
left
the
interior
of
the
premise
to
the
back,
where
they
confronted
the
Entertainer.
We
have
not
been
provided
that
body
camera
video.
We
think
that
would
largely
help
our
case,
but
we
haven't
been
provided
that
if
there
was
any
dispersal
issues,
we
would
say
that
that
was
caused
by
the
commotion
that
erodes
out
of
the
Police
pursuing
the
Entertainer
up
until
that
point,
the
night
everything
was
very
calm
and
relaxed.
W
There's
been
no
violations
or
alleged
violations
from
the
slice
and
C
since
the
sun
sent
back
in
September,
and
we
don't
expect
any
issues
in
the
future
and
I
would
rely
on
what
we
submitted
for
the
videotape
the
first
time
around
at
the
motel
here.
C
I
know
I've
seen
those
videos
Danny.
Can
we
just
make
sure
they're
placed
in
the
file
on
the
Alcohol
side,
too
attorney
Canal?
So
are
you
disputing
that
the
owner
placed
his
hands
on
the
police
officer.
W
Well,
I:
wasn't
there
Mr
Prentice
is
not
the
owner;
he
is
the
son
of
the
owner.
Okay,
I,
don't
know
what
happened.
The
my
understanding
of
the
East
Boston
District
Court
criminal
case
is
that
the
matter
has
been
continued
with
self
supervised
or
unsupervised.
Self-Probation
I
believe.
The
only
requirement
at
the
end
of
that
matter
is
that
the
Mr
krenny
say
he's
sorry
or
is
required
to
make
an
apology
which
I'll
make
right
here
on
the
record
to
satisfy
that,
but
I
believe
the
matter
has
continued
out
into
the
future.
W
W
If
you
watched
the
video
that
we
provided
there's
clearly
nobody
standing
around,
it
doesn't
look
like
overcrowding.
The
police
officers
that
came
in
are
not
observed
to
make
any
count
of
the
people,
and
the
police
officers
initially
walked
in
looked
around
and
went
right
for
the
Entertainer
out
the
back
door,
at
which
time
there
was
a
commotion
I
think
the
police
report
showed
that
a
crowd
gathered
out
front
and
there's
no
evidence
to
us
that
we
exceeded
the
49
number
capacity.
In
fact,
we're
pretty
confident
we
did
not.
X
Officer
Sullivan
Valencia
Venezia
was
the
one
that
did
the
college
he's
not.
He
is
not
present.
Okay,.
AB
Oh
man,
yes,
so
when
I
arrived
on
scene
after
the
initial
confrontation,
where
the
the
assault
had
taken
place,
that
is,
when
I
instructed
officer
Sullivan
to
go
through
the
crowd
with
his
body,
worn
camera
on
and
do
the
count
so
account
with
the
attorney
speaking
of
how
initially,
maybe
the
account
wasn't
done
when
the
offices
first
got
there,
that
that
could
be
100
correct.
But
when
I
arrived
on
scene,
that
is
when
I
had
officer
Sullivan
on
body
camera,
walk
through
the
establishment
and
actually
count
the
people.
J
Maybe
a
question
for
the
sergeant:
is
there
any
way
to
get
the
camera
from
the
from
the
account?
Then.
AB
So,
sir,
my
understanding
is
for
body
One
camera.
You
know
you
have
to
request
it
through
through
the
police
department,
I
I
I
assume
you
guys
have
done
that
I'm,
not
sure
how
the
process
it
is
to
get
turned
over
to
you
guys,
but
it
would
be
officer,
Sullivan's
body,
One,
camera
and
he's
the
one
who
went
through
it.
My
direction
to
do
the
count.
A
Thank
you
that
video
has
been
provided
to
the
board.
We
have
that
Christopher
current.
It
should
be
in
all.
J
Right,
thank
you.
Thank
you.
I
appreciate
it
and
just
I
I'm
not
familiar
with
this
video,
yet
so
attorney
Canal
the
video.
What
perspective
is
it?
How
is
it
taken?
I'm,
sorry,.
W
Well,
there
are
two
sets
of
videos
that
we
are
discussing.
There's
the
licensees
videos
I
believe
it
has
two
angles:
one
is
the
police
enter
the
door
front
door
and
another
angle,
I
believe
from
the
back,
where
they
sort
of
come
towards
the
camera
and
leave
through
the
rear
is
my
recollection
of
the
two
angles:
we've
requested
the
body
camera
footage
which
would
show
perhaps
before
the
police
entered
and
after
our
video
captured
it.
But
although
it's
been
provided
to
the
board,
it
has
not
been
provided
to
us.
W
A
Calling
item
number
six
bhc
Corporation
General
partner,
doing
business
as
clubs
Cafe
located
at
209
Columbus
Ave
dated
the
incident
September
23rd
2022
Patron
on
Patron
assault
and
battery
in
violation
of
Mass
general
laws.
Chapter
138,
section
64
and
chapter
265,
section
number
who
is
present
on
behalf
of
the
licensing.
I
Hi,
my
name
is
my
name
is
Chris
Sterling
I'm,
one
of
the
security
manager,
Club
Cafe
and
I
should
also
note
that
I
am
a
licensed
attorney
in
Massachusetts,
although
I
am
on
inactive
status,.
N
A
A
A
O
Detect
defense
I'll
be
reading.
Another
report
great.
A
Thank
you
for
these
proceed.
O
Okay
about
12
a.m,
on
Friday
9,
23,
2022
officer,
Sweeney
and
Feeney,
and
the
Delta
103
Alpha
responded
to
a
radio
call
for
an
assault
and
battery
in
progress
at
209,
Columbus
Avenue
in
Boston
upon
arrival
officers
were
met
by
the
victim
Sophie
Upton
outside
of
club
Cafe,
who
was
visibly
upset,
upset
and
stated
she
was
inside
the
bar
when
a
male
from
her
group
known
to
her
as
Joseph
bober
grabs
her
by
the
neck
and
stated
you
don't
know
what
would
happen
to
a
white
girl
like
you
in
this
bar
the
victim
upped
in
stated,
she
briefly
lost
Consciousness
during
the
incident
offices
offered
the
victim
the
victim
for
Boston
EMS
to
respond
to
the
scene
for
further
evaluation.
O
However,
the
victim
declined
EMS
Services
code
35043006
conducted
by
the
Delta
912
Sergeant
Sullivan,
at
about
12
15
p.m,
on
Friday,
9,
23,
2002,
I'm,
sorry,
I'll,
I'll
continue
at
about
12
50
p.m.
On
Friday
9
23
2022
Sergeant,
Sergeant
Sullivan,
the
Delta
912
responded
to
a
call
for
an
assault
in
progress
at
209
Columbus
Ave,
the
Club
Cafe,
while
on
scene
Sergeant
Sullivan
in
the
Delta
103
Feeney
Sweeney
were
notified
by
the
reporting
party
that
a
patron
on
Patron
assault
that
occurred.
O
A
I
Sure
I'll
start
off.
We
have
video
footage
that
shows
the
elections
of
movements
throughout
the
oven.
She
claim
the
assault
happened.
I
I
think
that
Jim
has
got
to
walk
that
over
to
you
guys
later
this
afternoon,
for
you
guys
to
have,
unless
you
know
where
to
look
on
the
video,
it's
kind
of
hard
to
figure
out
where
the
the
electric
go
in.
In
addition
to
that
screen
captures
with
the
victim
victims
sold
in
Red,
so
you
guys
can
follow
through
movement.
Just
for
reference
point
context.
I
I
I
None
of
the
patrons
bartenders
professors,
DJs
performers,
legging
Tech
or
any
other
security
reporter,
actually
seeing
anything
out
of
the
ordinance
period
pub
cafe,
has
both
an
in-house
security
and
a
private
security
firm
that
we
contract
out
the
private
firm
operated
by
the
police
supposed
to
be
here,
I'm,
not
sure,
if
he's
here
or
not,
the
last
clip
of
the
video
shows
the
elect
victim
of
one
of
Philippe's
employees
named
Emilio,
not
known
what
conversation
took
place
during
that.
I
However,
Felipe
did
not
receive
any
reports,
employees
about
any
assault
and
battery
taking
place
that
night,
nor
did
Emilia
report
anything
Jaeger
about
anything
happening,
nor
did
any
other
Patron,
Buster,
DJ
or
security,
see
anything
out
of
the
ordinary
happening.
The
alleged
victim
then
apparently
left
the
building
not
long
afterwards.
The
police
arrived
and
contacted
Tim
Yeager.
This
was
the
first
that
we
know
of
anyone
inside
of
Club.
Cafe
had
become
aware
of
this
event.
I
I'll
turn
over
to
Tim
for
questions
in
one
second,
but
I
just
want
to
close
by
saying
in
terms
of
our
doing
our
due
diligence
on
Thursdays,
we
have
seven
to
eight
security
members
on
staff.
Two
of
which
are
in
the
back
where
this
alleged
incident
took
place.
The
video
clips
shows
you're
looking
proud.
In
addition
to
that,
we
have
a
floater.
I
AD
Yes,
so
basically,
everything
that
Chris
had
just
mentioned
was
in
my
report.
I
didn't
have
any
firsthand
knowledge
of
the
situation
until
the
police
came
in.
AD
C
AD
Right,
that's
that's
why
I'm
saying
the
videos
that
we
provided
with
or
that
we
are
going
to
provide
with
you
or
for
you
have
no
evidence
of
anything
of
nature
at
all
because
of
where
she
said
that
the
alleged
incident
happened.
Okay,.
C
So
that's
what
I
haven't
seen
the
video,
yet
no,
no,
but
just
was
reading
what
was
in
the
police
report
and
I
just
want
to.
O
Get
on
the
record
you
guys
dispute
that
detective
right,
I
actually
contacted
the
victim,
Miss,
Upton
and
I.
Also
a
video
and
I,
just
like
the
just
like
the
club
that
I
I
from
the
video
that
I
had
seen
I
had
seen
no
evidence
of
any
assault
at
all.
Okay
I
said
that
I
looked
at
it
from
several
different
angles,
and
since
that
she
has
not
contacted
me
back.
I
J
She
didn't
approach
any
staff
before
she
was
outside
right
and
made
the
call
to
the
police.
Is
that
correct,
not.
A
Great
thank
you
very
much
and
we
will
await
video,
which
will
be
shared
with
the
board
as
soon
as
we
receive
it.
Thank
you.
The
board
will
take
this
matter
under
advisement
calling
item
number
seven
Park,
Avenue,
Group,
Inc,
doing
business
as
cabinet
Cafe
cabin
house
located
at
1406
to
1408
Hyde
Park
Ave
in
Hyde
Park
date
of
the
incident,
October
1st
2022
assault
and
battery
on
premise,
in
violation
of
mass
generalize
chapter
138,
section
64
and
chapter
265,
section
13A,
who
is
present
on
behalf
of
the
licensing.
L
A
Thank
you
Mr
Phillip,
and
is
it
possible
to
turn
your
camera
on
so
we
can
spare
you
in?
Oh,
let
me
see
that
great.
Thank
you.
While
you're
working
on
that
I
will
ask
who
is
president
on
behalf
of
the
Boston
Police
Department.
AG
Will
say:
Galvin.
AG
AG
When
we
walked
in
the
front
door,
we
found
the
victim
Mr
Phillip
sitting
on
a
bar
stool
by
the
front
door.
He
was
holding
a
towel
filled
with
ice
to
his
right
eye.
We
observed
that
his
right
eye
was
swollen
shut.
We
offered
an
ambulance,
but
he
refused
at
that
time.
AG
He
stated
he
was
sitting
at
the
corner
of
the
bar
when
he
was
suddenly
set
upon
by
several
males
who
began
punching
him
about
the
face
and
the
head.
He
said
he
had
no
description
of
them.
He
had
no
idea
again.
Why
they'd
done
this
to
him.
He
said
one
of
them
had
stated
that
he
had
threatened
someone,
but
he
still
had
no
idea
what
that
would.
That
was
all
about.
AG
We
again
offered
him
an
ambulance,
but
he
refused
and
said
he
just
wanted
to
go
home.
I
ended
up
giving
him
a
ride
to
his
residence
in
Roxbury,
the
Lumina
907
Sergeant
Edwards
responded
to
the
scene
and
issued
a
licensed
premise:
violation:
zero,
three:
five:
five:
two:
zero.
At
the
end
of
my
report,.
AC
Yes,
sir,
on
Sunday,
October,
2nd
at
approximately
6
30
p.m.
Detective
Harrington
in
the
lieutenant
detective
Larry
responded
in
Brigham
Women's
Hospital
to
interview
the
victim,
Carlton
Phillips,
Victory
Phillip
was
admitted
hospital
for
attemptive
injury,
sustained
gardening,
so
the
victim
stated
that
he
broken
his
orbital
sockets
and
both
eyes,
two
broken
ribs
on
the
left
side
and
had
neck
pain
and
we're
still
currently
being
evaluated
by
the
doctors
for
additional
interviews.
AC
A
Thank
you
very
much,
MS
basanti
MR
pasani.
Would
you
like
to
address
the
alleged
incident.
AF
Right
so
I
was
the
one
bartending
upstairs
when
that
happened,
and
that's
sort
of
what
I
saw
is
the
song
just
sort
of
ended.
He
came
over
to
talk
to
one
of
the
other
patrons
in
the
corner
and
then
out
of
nowhere.
This
other
gentleman
came
up
and
grabbed
him
by
the
throat.
AF
AF
When
I
asked
a
couple
of
the
people
what
had
happened,
they
said
that
he
was
an
appropriately
touching
him.
I
couldn't
see
any
of
that
when
I
looked
in
the
video,
the
only
thing
I
could
actually
sort
of
see.
Just
looking
at
the
videos
we
provided
with
y'all
is
the
older
gentleman
that
actually
started
the
fight
was
sort
of
instigated
by
his
like
younger
nephews.
There
was
a.
F
AF
I,
don't
know
who
they
were,
but
it
was
a
group
celebrating
a
birthday
that
day,
but
I
wouldn't
say:
I
didn't
ever
notice
that
he
was
inappropriately
touching
any
women,
maybe
per
se
just
dancing
with
them
from
what
we
could
see
is
there
was
a
new
guy
having
a
good
time
dancing
around
with
a
bunch
of
random
people,
and
it
was
just
that's
it.
AE
A
L
The
bartender
was
100,
correct,
I
was
just
having
a
good
time
for
this
time
being
in
the
bar
and
I
guess.
I
was
just
having
too
much
of
a
good
time
and
I
thought
jumped
by
these
guys
for
no
particular
reason
end
up
in
the
hospital
for
four
days,
broken
ribs,
I,
suck
it
broken,
and
thank
God
for
my
military
coverage.
I
was
able
to
not
have
a
get.
A
bill
was
not
being
real
financial
difficulties
right
now,.
A
L
L
L
C
Okay
and
then
this
question
is
for
the
bartender
from
the
videos
that
I
saw
it.
There
was
a
whole
line
of
people
that
came
out
from
the
back
I,
don't
know
if
there's
a
pool
table
back
there
or
something,
but
are
they
regulars.
AF
I
would
say
that
not
the
ones
that
in
not
the
one
that
instigated,
but
there
were
there's
two
quiet
kids
that
come
in
and
they
brought
their
family
in
to
have
a
party
and
I.
So
I
really
don't
know
them.
I,
don't
even
know
their
names.
I
just
know,
I
I,
recognize
them
and
they've
come
in
I
wouldn't
say
often,
but
you
know
maybe
once
every
couple
of
months-
and
you
know
they
seem
to
always
be
common
Collective.
But
just
this
time
was
the
party.
AF
Older
gentleman,
I
would
say,
looked
like
he
was
in
his
50s.
He
came
over
and
grabbed
the
the
victim's
throat
like
legit,
like
just
held
him
up
like
this
and
like
he
was
sort
of
backing
away,
and
then
his
friend
behind
him
threw
a
drink.
AF
I
will
say,
though,
that
one
of
the
guys
that
was
there
I
sort
of
had
an
incident
with
earlier.
He
was
sort
of
being
pushy
about
getting
a
drink
too
waiting
too
long
for
a
drink
and.
L
AF
AF
AF
Was
upstairs
my
mom
and
the
DJ?
So
then
the
DJ
didn't
look
like
too
much.
He
said
he
didn't
really
see
anything
going
on,
except
for
you
know
the
victim
like
going
back
and
forth
and
dancing,
and
that
was
it,
but
he
didn't
see
anything
that
could
have
instigated,
but
watching
the
video.
That
was
the
only
thing
that
I
could
see.
Possibly
where,
like
and
like
a
kid
paid,
maybe
24,
25
years
old
goes
all
over
to
that
older
gentleman
and
he's
sort
of
pointing
at
the
direction
of
the
victim
and
then
next
thing.
C
Okay,
thank
you
and
thanks
for
sending
along
the
videos
or
cooperating
with
the
video
I,
don't
have
any
other
questions.
AF
A
Thank
you
very
much.
The
board
will
take
this
matter
under
advisement
as
well.
Thank
you.
Thank
you.
All
right,
calling
item
number
eight
to
lctb
Fort,
Point
LLC,
doing
business
as
Lolita
Cocina
and
tequila
bar
located
at
253
Summer
Street
dated
the
incident
October
8th,
2022
Patron
on
Patron
assault
and
battery
in
violation
of
Mass
general
laws,
chapter
138,
section
64
and
chapter
265,
section
13A,
who
is
president
on
behalf
of
the
licensee.
AH
AI
A
A
I
AI
Sorry,
Brian
about
11
21
p.m.
On
Saturday
10,
8,
22
officers,
Sheldon
Hamilton,
assigned
to
the
fox
102
respond
to
a
radio
call
for
assault
and
battery
report.
At
253,
Summer
Street
Lolita
upon
arrival
officer,
spoke
with
the
victim
later
identified
as
Vincenzo
preowned,
who
stated
that
he
was
assaulted
inside
Lolita,
Restaurant
Mr
Freon
stated
he
and
his
friend
later
identified
as
Rasheed
Salam
were
randomly
attacked.
Both
Freon
and
salaam
did
not
provide
any
suspect
information.
AI
Nor
reasoning
for
the
unprovoked
attack.
Mr
Freon
appeared
to
be
suffering
from
an
injury
to
his
mouth,
including
his
front
teeth.
Mr
Salem
appeared
to
have
be
suffering
from
an
injury
to
his
forehead.
With
a
minor
swelling
EMS
responded
arrived
on
scene,
both
were
evaluated.
Mr
Salem
declined
to
be
evaluated
on
scene
Mr,
freyon
was
transported
to
BMC
I'm,
trying
Tufts
Medical
Center
for
further
evaluation.
I
was
also
called
to
the
scene
when
I
arrived,
I
conducted
a
code
35
after
further
investigation
and
speak
with
the
offices.
AI
I
issued
a
license
premise:
citation
number
zero.
Four
four:
two
five
three.
A
Thank
you
very
much
and
we
have
a
supplemental
as
well.
That
was
all
offered
by
detective
Lagoon.
Will
you
be
reading
them
to
record.
AJ
AJ
Here
is
C6
detectives
identified
a
suspect
from
10
8
22,
where
who
lead
his
253
Summer
Street
for
assault
and
battery
dangerous
weapon
foot
further
investigation
with
the
assistance,
security,
camera
video
credit
card
receipts
and
victims
peony
and
celebrity
identifying
the
suspect
of
a
mass
State
Police
Mass
Fusion
send
the
photo
lineup.
The
desperate
was
identified
as
Malin
Boca
929.92
Mr
book
refused
to
be
interviewed
on
the
circumstance
of
the
altercation
book
was
observed
on
the
video
approaching
both
victims,
engaging
in
conversation
before
assaulting
victims,
fioni
Salama
and
Mr
Boca.
A
Great.
Thank
you.
Thank
you
very
much
attorney
Hawkins.
Would
you
like
to
address
the
alleged
incident.
AH
Apologies
Sergeant
Tully
is
was
the
licensee
Cooperative
with
your
efforts?
Yes,
they
were
and
officer.
Fitzgerald
was
the
licensee
Cooperative,
with
your
efforts
on
the
scene.
AH
And,
according
to
the
licensed
premise
inspection
report,
it
was
the
licensee
who
called
police
correct.
That's
correct!
Thank
you
very
much.
No
further
questions
for
the
officers
detective
and
Sergeant.
If
I
may,
I
would
like
to
introduce
Ben
maroon
Ben.
Could
you
please
say
your
full
name
and
position.
AK
Sure
I
was
in
the
manager's
office
when
I
was
informed,
that
there
was
a
fight
that
broke
out
at
the
bar
area
when
I
got
out
to
the
bar
area.
Our
security
staff
had
already
broken
it
up
and
took
the
Party
of
Five
outside
and
separated
the
group.
So
the
party
of
two
Mr
Freon
and
the
the
other
guy
we're
there
in
the
bathroom
kind
of
washing
their
mouth
and
washing
their
face
and
whatnot
I
got
them
both
Ice
for
their
injuries
and
I
called
the
police.
AK
No
I've
never
recognized
any
of
the
individuals.
M
AH
Thank
you
very
much
Madam
chair.
We
will
submit
video
of
the
incident,
which
was
also
shared
with
the
police
department,
which
shows
that
this
incident
was
sudden
and
there
was
nothing
prior
so
that
the
staff
could
have
anticipated
an
incident.
The
licensee
was
fully
staffed
and
security
immediately
intervened.
AH
The
licensee
called
police
and,
as
you
heard
today,
cooperated
with
the
police
department
upon
arrival
and
as
they
continued
their
investigation
we
respectfully
submit
and
that
the
testimony
and
the
video
will
show
that
this
incident
was
not
reasonably
foreseeable
and
that
the
license
he
took
all
appropriate
actions
and
asked
that
you
find
no
violation
and
we
are
happy
to
answer
any
questions.
The
board
may
have.
A
AL
Good
morning
attorney
green
members
of
the
board,
Andrew
Upton,
for
the
licensee
with
me,
should
be
owner
manager
of
record
Jake
Nicholson
doorman
on
duty
that
night
Brendan,
Garrity
and
bartender
on
duty
that
night
Jeff
Hamel.
A
AM
Is
not
here,
Lieutenant
detective
Troy.
A
G
A
And
thank
you
Mr
Bell
for
being
with
us
this
morning
as
well.
Can
you
all
those
who
are
planning
on
testifying?
Can
you
please
raise
your
right
hand
to
use
her
to
tell
the
truth,
the
whole
truth
and
nothing,
but
the
truth
great.
Thank
you.
Lieutenant
Troy!
If
you
could,
please
read
the
in
addition:
Mr.
AM
Green,
excuse
me,
in
addition,
Mr
Green,
detective
Hernandez,
also
wrote
supplemental
report
to
this
license:
promise
So
reading
from
a
report
Auto
by
Officer,
Joseph
basilio.
AM
It
reads
as
follows:
about
11
35
on
Monday
November,
14th
officer
basilio,
an
officerent
whistle
responded
to
a
radio
call
for
assault
and
battery
in
progress
of
106
Cambridge
Street
Boston
that
there's
some
cod
notations
here,
which
is
computer-aid
dispatch,
which
states
as
follows:
23.35
the
colors
outside
teddies
on
the
Hills
States
as
Fred,
was
just
punched
in
the
face.
The
second
card
notation
computer,
aided
dispatch,
is
from
22
or
I'm.
AM
Sorry,
23
36,
it
says
white
male,
older,
black
hair
and
beard
went
back
into
the
bar
and
the
third
one
notation
on
the
cad
is
it's
Fred's
bleeding
from
Afraid
from
face
referred
to.
Ems
to
report
continues
on
arrival.
Officers
are
flagged
down
by
the
corner,
caller
Jeremy,
Bell
and
victim
Wyatt
Doyle
officers
observe
the
victim
to
be
profusely,
be
leading
from
his
nose
and
have
blood
dripping
down
onto
his
Cove.
AM
Officers
spoke
to
the
victim
who
stated
they
were
teddies
on
the
hill
victims
stated
they
were
laughing
when
the
male
suspect
later
invite
us
identified
as
Timothy
neighbor
walked
over
to
from
the
other
side
of
the
bar
victims
stated
that
the
suspect
stated
one
of
those
women
you
disrespected
as
my
wife,
the
victim
stated.
The
male
then
grabbed
him
and
struck
him
with
closed
fist
in
the
face.
AM
Victims
stated
that
then
he
went
outside
with
his
friends
and
the
suspect
remained
in
the
bar
caller
cooperated
the
story
of
the
victim
officers,
then
went
inside
and
spoke
to
the
bartender
Jeremy
Hamill,
the
bartender
said
they
observed
the
victim
walk,
walk
in
with
his
friends.
The
bartender
stated
the
turkey
after
he
observed
the
suspect,
walk
over
and
heard
a
crack,
but
understood
stated
he
separated
both
parties
from
further
altercation,
the
bartender
stated
to
officer
and
whistle
that
the
suspect,
Timothy
nabera.
AM
What
I'm
sorry
was
was
Timothy
in
a
bar,
the
bartender
say
that
the
suspect
comes
in
often
and
lives
in
Beacon
Hill.
The
victim
declined
to
be
seen
by
bosni
and
Madison
walked
to
Mass
General
Hospital
for
further
evaluation
officers
notified
Sergeant
Whiteman,
which
for
a
code
35
completed
at
a
later
date,
officers
did
not
have
their
body
worn
cameras
due
to
leaving
prior
to
the
start
of
their
shift.
AO
AO
AO
AO
The
tattoo
spoke
to
the
person
in
charge,
Mr
Brian
ring
who
confirmed
that
his
staff
and
foreign
him
of
the
incense
Mr
ring
and
film
detectives
that
the
establishments
did
have
video
cameras
for
me,
providing
any
video
to
investigators.
As
a
result
of
the
incident
signed,
detective
Gallagher
issued
licensed
crimeless
inspection
known
as
zero
five,
nine
nine
six
one
for
assault
and
battery
painting
on
Patron
inside
premise,
resulting
in
bodily
injury,
disturbing
sign
for
an
acceptable.
AO
AL
AO
We
just
for
the
license
department
inspection.
They
were
very
cooperative.
AM
AC
AM
AL
Okay,
thank
you.
No
more
questions
for
the
detectives.
If
I
may
I
have
a
few
questions
for
Brendan
Garrity
and
then
we
will
shift
to
some
questions
for
Jeff
Hamill,
who
apparently
is
identified
as
Jeremy
Hamill,
but
I'm
told
he's
correctly
named
Jeff
Brandon.
Can
you
hear
me?
Yes
all
right.
Can
you
okay?
So
here
we
have
Brendan
owner
Jake,
Nicholson
and
Jeff
Hamel
now
out
of
the
picture,
can
you
tell
us
about
your
experience
as
a
doorman.
H
I've
worked
in
bars
for
21
years
in
a
variety
of
capacities,
including
doorstep
and
management.
AL
All
right-
and
you
were
on
duty
that
night
correct.
Can
you
tell
us
briefly
what
you
saw
happen.
H
The
gentleman
involved
walked
down,
the
stairs,
I
saw
two
of
them
were
on
there.
One
of
the
guys
was
showing
them
what
the
downstairs
looked
like,
and
apparently
there
was
a
comment
made
where
he
said
there
were
beautiful
women.
One
of
the
other
people
said
where
and
as
identified
one
of
the
people
as
Timothy
neighbors
fiancee
and
that's
when
he
hit
him.
AL
Okay,
so
after
that
happened,
what
did
you
do.
H
I
separated
him
I
walked
out
with
the
victim,
and
his
group
was
trying
to
figure
out
exactly
what
had
happened.
I
was
about
to
call
the
police,
but
one
of
the
gentlemen
in
the
group
was
already
on
it.
I
spoke
with
the
victim
and
asked
if
he
wanted
an
ambulance.
He
said
he
did
not
and
then
I
had
one
of
the
other
bartenders
grab
me
some
napkins
and
stuff.
So
we
could
try
to
you,
know,
render
whatever
Aid
I
could.
AL
So
you
didn't
call
the
police,
because
you
saw
the
victim's
friend
already
on
the
phone
with
police,
correct
okay,
but
we
believe
that
that
characterizes
what
happened
outside
what
happened
inside
I'd
like
to
ask
Jeff
Hamel
I'm
gonna
switch
over
to
him
Jeff.
You
were
on
duty
that
night.
AA
AL
AL
What
happened,
what
did
you
do
with
the
assailant,
the
alleged
assailant.
AA
So
under
my
protocol,
I've
been
in
the
industry
for
21
years
too
I
exited
the
the
assailant
out
the
back
door
to
separate
any
further
issues.
Y
X
AA
AL
And
you're
recollect,
can
you
recall
this
far
back
as
to
how
many
drinks
he
had
or
what
his
tab
was?
I
I
understand,
there's
no
contemporaneous
POS
record
because
he
paid
in
cash.
AA
Right
he
had
exactly
what
I
get
was
they
both
had
one
bud
light
and
a
shot
of
whiskey.
AL
Okay
and.
AA
F
AL
Okay,
that's.
AL
A
A
G
Yep
as
I
remember,
I
was
standing
there.
This
guy
walk
up
to
me
and
grabbed
me.
He
was
acting
very
aggressive,
so
I
tried
to
create
some
space
from
him.
So
I
pushed
him
away.
I
turned
around
and
went
to
walk
out
the
door.
I
believe
there's
like
a
Breezeway
thing,
so
I
exited
a
door
but
wasn't
fully
outside.
L
G
I
then
heard
the
door
open
behind
me
began
to
turn
around
I
was
then
punched
in
the
face,
but
I
kind
of
looked
up.
My
eyes
were
watering,
so
I
didn't
really
see
what
happened
when
I
looked
up.
The
person
was
gone,
I
kind
of
gathered
my
friends
and
went
outside
to
call
the
police
and
wait.
A
AN
No,
to
be
honest,
it
happened
so
quickly,
I
virtually
didn't
see
it
coming,
it
was
unprovoked
and
very
it
was
less
than
20
seconds.
I
can
tell
you
that.
A
C
G
C
Okay
and
for
the
staff,
will
you
be
forwarding
the
video.
S
AN
A
Thank
you,
Mr
Ballard.
It
is
for
the
board
to
ask
questions
at
this.
S
S
F
Absolutely
absolutely-
and
it
was
it
was
something
that
we
had
just
again
being
a
new
establishment.
This
is
our
the
video
system
had
just
been
put
in.
So
it's
it's
something
that
moving
forward
we
definitely
will
and
be.
If
there
is
an
incident
reported
that
we
will
be
make
sure
that
we
keep
it
in
file
for
for
future
use.
A
Thank
you.
Anything
further
from
the
board
will
take
this
matter
under
advisement
as
well.
Thank
you.
Thank
you
very
much.
Thank
you.
Calling
item
number
10,
Food,
House
Inc,
doing
business
as
friendship,
BBQ
Austin,
located
at
103,
Brighton
Ave
in
Austin
date
of
the
incident;
November
14th
2022
blocked
fire
exit
in
violation,
Ambassador
laws,
chapter
138,
section,
64
and
Boards
rule
1.06,
a
and
premise
providing
Soju
and
distilled
Spirits
in
violation
of
mass
generalize,
chapter
138,
section
64.
who's
present
on
behalf
of
the
licensee
good.
A
F
AO
Morning
again,
I'll
be
reading
for
a
police
report
which
I
wrote
on
Monday
November
14
2022
starting
detective
room
Gallagher
into
Eddie
Hernandez,
signed
to
the
BPD
license
permission
had
conductive
licensed
premise:
inspection
of
the
Friendship
barbecue
restaurant
located
103,
Brighton,
Avenue
Boston.
Upon
reviewing
the
relationship
certificates,
impairments
of
the
establishment
detectives
observed,
there
was
no
city
of
Boston
entertainment
life's
been
posted.
No
current
Boston
fire
place
of
assembly
posted
9,
30
22
is
when
we
saw
and
the
premise
was
providing
a
television
and
music
entertainment.
AO
Detectives
then
made
note
that
the
establishment
common
regular
license
was
limited
to
beer
and
wine,
while
walking
through
the
bar
area
of
detective
desired.
Multiple
flavors
I've
showed
you
distilled
alcoholics
beverage
as
the
sectors
we're
going
to
walk
through
the
restaurant
to
make
sure
the
fire
exits
were
unobstructed.
They
observed
the
fire
exit,
blocked
by
tables
and
chairs,
detectives
took
photographs
of
the
black
fire
engines
and
the
and
the
distilled
spirits
that
they
brought
this
to
the
attention
of
the
person
in
charge.
AO
Mr
Stephen
Wu
Mr
Wu
was
unable
to
arrive
detectives
with
the
current
licenses
or
permit
as
it
resolved
to
what
detectives
observed.
Trying
to
detective
Gallagher
issued
a
license:
inspection
in
other
zero,
five,
nine,
nine,
five,
nine
from
north
city
of
Boston
entertainment
license
no
current
BFD
place
of
assembly,
Department
posted
blessing,
distilled
spirits
on
premise
not
authorized
for
the
coming,
which
was
licensed
and
blocked
fire
emergency
exit.
That's
the
roof
signed
for
and
accepted
the
notice,
and
the
pictures
are
only
provided
attached
for
the
copyrighted.
AP
Exit
which
has
now
been
cleared
of
that
and
We've
now
gone
through
everything
with
all
the
employees
to
make
sure
that
that
table
is
not
returned
to
where
it
was
and
to
make
sure
that
that
fire
exit
is
free
at
all
times,
just
to
make
sure
that
we're
we're
complete.
AP
We
also
gave
you
a
copy
of
the
current
entertainment
license
and
a
copy
of
the
of
the
current
place
of
assembly
permit,
and
they
have
now
been
posted
in
a
conspicuous
place
just
to
make
sure,
but
they
were
up
to
date
at
the
time
now,
with
respect
to
the
soldier.
Apparently,
Soldier
comes
in
so
many
flavors,
some
of
which
are
wine
based,
some
of
which
are
distilled
spirit.
Space
Mr
Inc
has
was
basically
relying
upon
the
liquid
distributor
to
know
in
accordance
with
his
license
what
flavors
he
could
purchase.
AP
We
now
realized
that
that
was
a
mistake
and
that
it
is
incumbent
upon
the
licensee
to
make
sure
I
will
let
the
board
know
that,
since
this
incident
we
have
gone
through
the
neighborhood
process
with
respect
to
getting
a
beer
wine
and
cordial
change
of
category
for
the
licensee
we've
received.
The
neighborhood
approval
and
support
we
are
currently
expected
to
be
before
the
board
on
February
15th
for
a
change
of
category
in
the
license
we
do
apologize.
As
the
police
reports
said,
there
are
many
many
flavors
of
this
Soju
right
now.
AP
A
J
AP
That
that
and
they
decline,
but
you
know,
because
we
and
I
you
know,
I,
don't
know
how
naive
it
is.
But
we
we
thought
that
there
was
the
backstop
that
the
distributor
would
not
sell
anything,
because
the
first
thing
that,
when
you
get
a
liquor
licenses,
is
that
you
have
to
give
the
distributor
a
copy
of
the
license
that
that
they
would
act
as
I
said
as
a
backstop
and
not
not
sell
anything
that
they're
not
allowed
to
sell
to
that
license.
AP
But
we
now
have
learned
that
that's
we
cannot
rely
on
them
and
that
we
are
going
to
have
to
make
our
own
independent
review
of
what
of
what
we're
purchasing.
But,
as
I
said,
the
soldier
just
has
so
many
flavors
that
we
were
going
by
Flavor
rather
than
the
alcohol,
and
we
do
apologize
to
to
the
board
we're
going
to
be.
We
realize
it
now
and
we
will
not
rely
on
the
distributors
in
the
future.