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CAMBRIDGE POLICE DEPARTMENT
CAMBRIDGE, MA
Incident Report #9005127
Report Entered: 07/16/2009 13:21:34
cave Tite Lean gti
@ wane st
Datorrie Reported Date/Time Cceured
onrreaoes 42:44:00
Inlent Tpe/O nae
TySORDERLY CONDUCT £272 $59 —
Reporting Ofer poproving Ofer
CROWLEY, JAMES (67) WILSON JOSEPH (219)
Persons
Role Name Sex Race AgeDOB Phone Address
WITNESS WHALEN, LUCIA 0 a qn
C oe MA
Offenders
suns Name Sex Race AgeDOB Phone _—_ Adress
DEFENDANT GATES, HENRY MALE BLACK 58 - QURRI? 1 GUOSMBED GW ARE ST
c CAMBRIDGE, MA
Vehicles
Property
Class Description Moke Model_—=—=—‘Setisl? Velve
Narrative
Con Thursday July 16,2000, Hemy Gates, Jr NNN, of Pier Street, Cambridge, MA) was placed
ue srest t @PVoe Street, afer being ods0%ved exhibing loud and tumultuous behavior, @ publi place
Grecied at a untermed pole offcer who vas present rvesigating a report ofa ere in progress. These actions
Shane Beta of Gales served no legitimate purpose and caused ctizans passing by this lcalon o otop and take
roliee whe appearing Surprised and aired
nthe above tine and date, was on uniformed duty in an unmarked police cruiser assigned to the
‘Administration Secton, working fom 7.00 AV-3:30 PM. At approximately 12:44 PM, | vias operating my cruiser
on Harvard Street near Were Street. At that ime, | overheard an ECC brosdeast for a possible break in
progress at @ Ware Street, Due to my proximity, | respondes.
When | enived at @ Ware Street | radioed ECC and asked that they have the caller meet me atthe front door to
thsresigence. 11es fold thet the caller was afeagy outside. As! wes getting this information, | clbed the porch
Stats towerd the front door, As | reacted the door, a female voice called out to me. | tumed anc! looked in
the direction of the voice and observed a white female, later identified as Lucia Whalen, Whalen, who wes
lending on the sidewalk font of the residence, Heli a wieless teleahone in her hand an told me tat it was she
‘who called) She went on to tel me that she observed what appeared tobe two Diack males with backpacks on the
porch of @® Ware Street. She told me that her suspicions were aroused when she observed one of the
Fron wedging his shoulder ino the daar as if he was trying o force envy. Since | was the oniy police officer on
Toaation ad had my back tothe front door ae spoke wi her, tasked that she wait fer ather responding officers
while | investigated further
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’As tured and faced the door, | could see an older black male stending inthe foyer of Ware Steet, I made
{his observation through the glass paned front door. A | siccd in plain view of this man, later identified as Gates, |
tsked ihe woud step out onto the porch and epeak with me. He replied no | wikinot’. He then demanded to know
‘who | was. |told him that | was “Sgt. Crowley from the Cambridge Police” and that | was ‘investigating a report of 2
breakin progress" atthe residence, Wile | was making this statement, Gates opened the front door ang
‘exclaimed “why, because fm a black man in America”. | then asked Gates if there was anyone else in the
fesidence. Whi yelling, he told me that it was none of my business and accused me of being a racist police
‘officer, 1 assures Gates that I was responding toa ckizens call to the Cambridge Police and that the cali
|Wa outside as we spoke. Gates seemed to ignore me and picked up a cordless telephone and daled an unknown
telephone number, As he Gi so, | radioed on charine! 1 that | was off in the residence with someone who
ianpoered to be 8 fesident Dut very uncooperative. | then overheard Gates asking the person on the ether end
Offs talephone call to “get the chief" and “what's the chiefs name”. Gates was teling the person onthe
thet end ofthe call that he was dealing wth a racist police officer in his home, Gates then tured to me and told
‘me that had no idea who | was “messing” with and that | had not heard the last of. While | was led fo beteve
{hat Gates wes lavfuly in the residence, | wes auite surprisee and confused with the behavicr he gxhibited toward
me, | asked Gates to provice me with photo Identification so that | could very that he resided at @ Wore
Street and so that | could radia my findings to ECC, Gates intially refused, demanding that | show him identification
but then oid supply me with a Harvard Universty ideatfication card, Upon jearning that Gates was afiiated wih
Harvard, | radioed an requested the presence of the Harvaré University Police
\With the Harvard University identtication in hand, | radioed my findings to ECC _ on channel two ond prepared
to leave. Gates again asked for my name which | began to provide. Gates began to yolt over my spoken words
by accusing me of being a racket police officer and lovelng threats hat ne wasnt someone fo mess wilh, At some
point dunng this exchange, | ecame aware that Off Carlas Figuerca was standing behind me. When Gates asked
thir time for my name, I explained to him that | had provided iat hi raquest two separate times. Gates
Continued fo yell at mo. {old Gates that | was leaving his residence and that he had any other questions
fogarding the matter, | would speak with him outside ofthe residence.
‘As | began walking through the foyer toward the font door, | caukd hear Gates again demanding my name, |
‘gain tokd Gates that | would speak with him outside. My reason for wanting to leave the residence was that
Gates was yeling very lous ana the acoustics ofthe kitchen and foyer were making it effout for me to
‘fansmit pertinent information fo ECC or other responding unis. His reply wes "ya, Tl speak with your mama
ulside", When | lef the resicence, | noted that there were several Cambriége and Harvard University police
offers assembled on the sidewalk infront of the residence, Additionally, the caller, Ms. Walen end atleast soven
Unidentiied passers-by were looking in tne drecion of Gates, who hac folowed me outside of the residence.
‘As | descended the stairs to the sidewalk, Gales continued to yell at me, accusing me of racial bias and continued
fo tell me that | had not heer the iat of him, Due to te tumultuous manner Gates had exhibited in is residence
‘3s well 95 is continued tumultuous behavior outside the residence, in view of the public, {wares Gates that
hhewas becoming dsordery. Gates ignoted my warring and continued to yell, which drew the attention of both
‘he police officers and alizens, who azpeared surprised and alarmed by Gates's outburst. For @ second time |
‘warhed Gates to calm down wile | withdrew my department issued handouts from theit carrying case,
Gales again ignores my warning ane continued to yal at me. Ik was a his te thal informed Gates that he was
Under arrest. I then stepped up the stars, ono the porch snd attempted to place handouts on Gates. Gates
Invialy resisied my attempt to handouff hi, yelng that he was “disablec’ and would fal without his cane. After the
hhandeaffe were properly applied, Gates complained trat they were oo tight. | ordered Off. vey, who was
‘among the reeponding officers, to handcuff Gates with. is erms in front of im for his comfort while | secured
aicane for Gates from within te residence, | then asked Gatos if he would like an officer to lake possession of
hs house Key and secure his front door, which he lef wide open. Gates told me thatthe door was un securable
due to a previous break ettempt atthe residence, Shortly thorsater, a Harvard University maintenance
parson aftived en goane and appeared familar witn Gates. | asked Gates if he was comfortable with this
Harvard University maintenance person securing his residence. He told me that he was,
‘Aer a bret consultation wih Sgt Lashley and upon Gates's request, he was transported to 126 Sth. Street in
‘a police cciser (Car 1, Of"'s Graham and Ivoy) where he was booked and processed by Off. J.P. Crowiey.
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CAMBRIDGE POLICE DEPARTMENT
CAMBRIDGE, MA
Incident Supplement #9005127 - 1
Report Entered: 07/16/2009 13:52:50
Not For Public Release Date/Time Printed: Mon Jul 20 13:58:11 EDT 2009 By: pearterw
CaseTite Location apni
DISORDERLY CONDUCY —_——
DaterTime Reported Date/Time Occurred
7/16/2009 12:44:00 te
Incident TypeiOtiense
4.) DISORDERLY CONDUCT 272 853 —
Reporing Offer Anprovng fear
FIGUEROA, CARLOS (508) WILSON tiyOSEPH (213)
Persons
Rote Name Sox Ruce Age DOR Phone Adress
WHALEN, LUCIA 0 aa oneness.
C maiog MA
Offenders
Sans Name «Sex Race, Age DOB Phone Address
Vehicles
Property
Ciass Description Make Mode! Serial Value
Narrative
(On July 18, 2009 at spproximately 12:44 PI, | Officer Figueroa#509 responded to an ECC broadcast for a possible
Break at Ware St When |aived, lstepped into tne residence and Sgt. Crowley had already entered and was
‘speaking 1 a black male.
Ra stopped in. | heard Sot, Crowley ask fr the gertioman's information which he slated "NO I WILL NOT.
‘The gentleman was shouting out to the Sgt that te Set. was a cist and yelled that "THIS IS WHAT HAPPENS.
TO BLACK MEN IN AMERICA As the Sgt. was tying fo calm the gentieman, the genteman shouted” You dort
knows whe your messing vit!
I elepped out to gather the information from the reporting person, WHALEN, LUCIA. Ms. Whalen stated to me that
she Saw aman wedging his snoulger info the front door as to pry the door open. As | retumed io the residence,
8 group of onlockers were now on scene, The Sgt, along withthe gentleman, were now on the porch of
Ware St and again he was shouting, now to the onlookers (about seven) ,"THIS IS WHAT HAPPENS TO BLACK
MEN IN AMERICA! The gentleman refused to lston to as to why the Cambridge Police were there.
Mini ne gre geen eise oe cooperative ardconruedsoiing ate St rai poe
Basic Information
“Agency incident# | _Report# Date Report Status
[cAM-PD s005127 1 [07/16/2009 12:44:00 _ [COMPLETED
[Case TilerVietn incident Type OTfense
http://pd-ams/QED/policepartacr/common/crimeweb/ineview/main jsp2agency=CAM-PD... 7/20/2009