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Date/Time Printed: 01-23-2019 09:06:28 Revised: 07/16

CRIMINAL COMPLAINT
POLICE COPY
DOCKET NUMBER

1904CR000027
NO. OF COUNTS

1
Trial Court of Massachusetts
BMC Department @
DEFENDANT NAME & ADDRESS
COURT NAME & ADDRESS
Victor Pena
49 Walford Way BMC Charlestown
#625 3 City Square
Charlestown, MA 02129 Charlestown, MA 02129
(617)242-5400
DEFENDANT DOB COMPLAINT ISSUED DA TE OF OFFENSE ARREST DATE
04/02/1980
I 01/23/2019 01/19/2019 01 /22/2019
OFFENSE CITY / TOWN
Boston
I OFFENSE ADDRESS
49 WALFORD WAY
NEXT EVENT DATE & TIME
01/23/2019 09:00 AM
POLICE DEPARTMENT
POLICE INCIDENT NUMBER NEXT SCHEDULED EVENT
Boston PD - Area A-1 1920005294 Arraignment
OBTN PCF NUMBER ROOM / SESSION
DEFENDANT XREF ID
2916087 7103723 Administrative Session

The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated below the
defendant committed the offense(s) listed below and on any attached pages.

,COUNT CODE DESCRIPTION


I . 1
'
265/26/A
.
KIDNAPPING c265 §26
. . . . .
.
Ith ·th· this Commonwealth against such
;on 01/19/2019, without lawful authonty, did forcibly or secretly confine or rmpnson Known to_the Commonw~~fin:'~r :~veigle or kidnap such person. with
,

•person's will, or did forcibly carry or send such person out of this Commonwealth. or did forc,bly serze a ndch rson's will or to cause such person to be sent
/intent either to cause such person to be secreur confined or imprisoned in th,s Common~=:~~~g~n~~~~ wif.~in violatio~ of G.L. c .265. §26.

! ,out of this Commonwealth against such person s w1// or m some way held to se1V1ce aga,
d· ·
PENAL TY: state prison not more than 10 years; or fine of not more than $1,000 ~n . rmpnsonme diction
'under 16. must register as a sex offender pursuant to G.L. c. 6. §§178C-178P. O,stnct Court Juns
nt not more than 2 years. Upon convi on
··
·ctt of kidnaping a child

1
SIGNATURE OF COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE/ASST.CLERK/DEP. ASST. CLERK DATE

X X
NAME OF COMPLAINANT A TRUE CLERK-MAGISTRATE/ ASST. CLERK DATE
COPY
ATTEST y
Notice to Defendant: 42 U.S. C . § 3796gg-4_ (e) reqwres this notice: If you are convicted of a misdemeanor cnme of domestic violence you
may be prohibited permanently from purchasing and/or possessing a firearm and/or ammunition pursuant to 18 U.S. C. § 922 {g) (9) and
other applicable related Federal, State, or local laws.
APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts ~
CRIMINAL COMPLAINT _ 1_ of _ 1_ CHARLESTOWN COURT • BMC •

I, the undersigned complainant, request that a criminal complaint issue against the accused charging the
offense(s) listed below. If the accused HAS NOT BEEN ARRESTED and the charges Involve:

D ONLY MISDEMEANOR(S), I request a hearing □ WITHOUT NOTICE, because of an imminent threat of


□ BODILY INJURY O COMMISSION OF ACRIME □ FLIGHT □ WITH NOTICE to accused
l!l ONE OR MORE FELONIES, I request a hearing l!l WITHOUT NOTICE O WITH NOTICE to accused
ARREST STATUS OF ACCUSED
D WARRANT Is requested because prosecutor represents that accused may not appear unless arrested. (!) HAS O HAS NOT been arrested

~NA, VICTOR
49 WALFORD WAY 7 PCFNO.
CHARLESTOWN, MA 02129 2916087
DRIVERS LICENSE NO. STATE

GENDER HEIGHT EYES


L _J MALE S09 BROWN
HAIR RACE COMPLEXION SCARSIMARKS/rATTOOS BIRTH STATE OR COUNTRY DAY PHONE
Black WHI TE LIGHT NJ
EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME (FIRST Ml l.AS1) FATHER'S NAME (FIRST Ml LASD

CASE INFORMATION
COMPlAINANT NAME (FIRST Ml LAST)
~ LBOT, MICHJ\EL 7 (!l POLICE O CITIZEN O OTHER
PLACE OF OFFENSE
-'DORESS 40 NEW SUOBUR'i ST
BOSTON , MA 02114 49 WALFORD WAY, BOSTON, MA 0212 9
INCIDENT REPORT NO. OBTN
1920005294
CITATION NO(S).
L _J N/ A
OFFENSE OATE
OFFENSE CODE DESCRIPTION
265/26/A- 2 KIDNAPPI NG c265 §2 6 01 / 19/ 2019
VARIABLES (e.g. victim name, controlled substance. type and value of property. other " ariable inlormation; see Complaint Language Manual)
0 1/19 / 201 9 (OFFENSE DATE) , KNOWN TO THE COMMONWEALTR (NAME OF VICT IM )
OFFENSE COOE DESCRIPTION OFFENSE D-'TE

2 VARIABLES

OFFENSE COOE DESCRIPTION OFFENSE DATE

3 VARIABLES

REMARKS COMPlAINANT'S SIGNATURE


Xr>1 , r,r--1 ~o J
COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION } DATE OF HEARING TIME OF HEARING COURT USE ONLY
- - - - - WILL BE HELO AT THE ABOVE COURT ADDRESS ON AT
DATE I PROCESSING OF NON-ARREST APPLICATION (COURT USE ONLY) I CLERK/JUDGE
NOTICE SENT OF CLERK'S HEARING SCHEDULED ON:
NOTICE SENT OF JUDGE'S HEARING SCHEDULED ON:
HEARING CONTINUED TO:
APPLICATION DECIDED WITHOUT NOTICE TO ACCUSED BECAUSE:
0 IMMINENT THREAT OF O BODILY INJURY 0 CRIME 0 FLIGHT BY ACCUSED
0 FELONY CHARGED AND POLICE DO NOT REQUEST NOTICE
0 FELONY CHARGED BY CIVILIAN; NO NOTICE AT CLERK'S DISCRETION
DATE I COMPLAINT TO ISSUE I COMPLAINT DENIED CLERK/JUDGE I
0 PROBABLE CAUSE FOUND FOR ABOVE OFFENSE($) 0 NO PROBABLE CAUSE FOUND
NO(S). 0 1. 0 2. 0 3. BASED ON O REQUEST OF COMPLAINANT
0 FACTS SET FORTH IN ATTACHED STATEMENT(S) 0 FAILURE TO PROSECUTE
0 TESTIMONY RECORDED: TAPE NO._ _ _ __ 0 AGREEMENT OF BOTH PARTIES
START NO. _ _ _ _ _ ENO NO. _ _ _ _ _ 1-=
□::....=0.;.;TH'-"E
;;;.R.:.c.
: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _..,__ _ _ _.......

0 WARRANT O SUMMONS TO ISSUE COMMENT


ARRAIGNMENT DATE:
CCC~ (OS.~)
CAO fncldtnt' #
Incident Re.port P190033806
Repori1'ype
Incident Report • P~• 3 of 3
Date/ Time O=lrred date tTi,ne ~
.01/2G'2Df9 '11:22 10 01/20l201i ~1:22
·au~ Fa-c:lafl-4alr Compleldon

., ,,, :·,-i"iidd ' MJtt j;gjz·::.:":' sit ' UJ.icii i<:u..1 ..','t. .I )Lit Ui!Jlt&littt .Li f't. . Ii ! J 't ·.. J . ·_ .__ I l., I 1$1 I Iii j

Publlc Narrative

About on 5:23 PM on Sunday.; 1/20/19, Officer Graves did take a walk~in Missing Person Report

T ~ being reported b _ who stated that her sister was missing. stated th-at her sister name
wa.s ~ ( D O B - t e t # _ nd was last seen on at the Hennessy's Bar located at is Union Street, Boston on Saturday
1/.19/19 at approximately-lo PM. Franscesca Atnbt-ose stated that she had.also seen surveillance footage at the bar of her sister leaving at
approximately 11:04 pm (1/19/19) with a white male approximately 5'9" in height and in his mid 20s. ~ t e d that she had
tried calling.her sister but that she had not picked up, reached out to her sfnee the bar, and that the l a ~ n was unusual and she
was worried for her ~fety.

- -stated that her sister was about 5'2" in height with blue ey~ and curly shoulder length .brown hair and that she was
weanng a crop moc.k neck black shirt, sheer black tights, pascal Doc Martinsr red corduroy dress, white and grey long coat, and carrying a
leop.ard print bag. ftansce'sca.Ambrose state<hhat her sister had no physlqsl or mental disabilities.
. , .
··stated that her sister phone was pinged through iPhone~·ti'~d friends app near the intersection of Corey Road and
Walford Way in Charlestown.

Officer notified the missing person unit (missing person # 91) and spoke with operator Penn.
Street Addra11
25UNION ST

Upgrade/Downgrade Offense Code


MISSING PERSON
Crime t>Mcni>llon
KIONAPP\NG - ENTICING OR ATTEMPTEO
Offense Coda 'la\ue Attempled/Compleled Premise Type
02511 Com lated Residence/Home
Clrcumatance, Biu

Crlmlnal Activity 1 Criminal Activity 2 crtmin11I Acfi'iity 3

Offender Using 1 Offender Using 2 Offender Using 3

# Premise Entered Home Invasion Dom,sdc V1o1,nce Gang Activity

. ang Tjpe#f oa·ng Name #1

GangName/12

Drvg Type Drug Origin Drug Precurson

Entry Area Entry Method

Entry Point 2 Exit Pol~t 1

TargefArea Property Target 1

Property Target 3 Victim Target

; • I ,·
Victim Activity Acdon 11o Pl'!lmlaes

Action 3 to Premises Acdon 1 on Victim

Action 3 on Victim Other AcUon 1

Other Action 3 SOBcited Offered 1

Solidted Offered 3 Weapon 1

We11pon2 Weapon2 Auto

Weapon 3 Auto Arson


CAD lnddtnt #
~ Num..-r P190033806
ln·cldent Report 110200529-4

-
Preclptlatfng Clrwmstance

µ nueual Ac:llons and Statements of Suopect


Instrument U49(l
Repoi'tl'YJ)e
lncfdtnt Supplement

D.it / lime OCJcurred


01/20/2018 17:22 lo I
PIQ9

01/20/2019 17;22
2
DIie t'Tlme R,pOrted,
°' 7


tJ Upgrade/Downur8d8 OffenH
Upgrade/Oowngnide OffenH Codt

0 PrirM!y Offenee Crime Deactipllon


MISSING PERSON · LOCATED
Offense Code Valle Attempted'Complllted Premise Type

03502
Circumstances Blaa

criminal Adlvity 1 Criminal Acti:vlty 2 Crtinfna[Ac:IJvlty 3

Offender Using 1 Offender Using 2 Offender Using 3

'# Premlso Enl"'9d Home Invasion OomeaUc Violence Gang AdlVity

Ga119 Type #1 GangName#1

Gang Typa #2 Gang Name#2

Prug ·Relaled Drug Type Drug Origin DrvgPre<:tnorl

MO P anel
~ Type EnlryAnta Entry Mt1hod

Entry Point 1 Entry Point 2 Exit Point 1

t:xilPolrit 2 Targe(Area Property Target 1

Property Ta,get 2 Property Target 3 Victim·Targel

,me of Day Victim AclMty Aclon1toPro.,._

, , ct1on 2 lo f'remfHf Ac1fon 3 II> Premises Action 1 on Victim

1-\ctlon 2 on V,ct/m Action 3 on Victim Other Adlon 1

Other Action 2 Olhor Action 3 Solicited Offered 1

ISolk:lted ottered 2 SoUcillld Offered 3 Weapon1

Weapon 1 Auto Weapon 2 Weapon2 Aulo

Weapc,n 3 Weapon 3 Auto Anm

Predpilaling Clrwmstance 11111Nment Vsecf

µ nusual Action, and S1atements of Suspect

liJ 1<nown Ounknown liJArrested

Nickname Race Gender SSN Date of Birth Age Age Range


Male 04/02/1980 38 ID
Height Weight Drivers License # 0L Stale Local ID SID
000 MASSACHUSETTS
FBI # SBI # ~ofBlrttl Citizenship
• Number CAO Incident#
Incident Report 119200529-4 P180033606
Report Type
Incident Supplemanl Page 3 o1 7
Dote/ Time Oca,m,d Data / Time Reported
01/20/2018 17:22 to 01/20/201817:21
Ethnlcily Me~tlll Stlltu.
SI le
Preferred Contact #f Contact#2 EmellAddreu
617-901-3521

State ZJp
MASS CHUSETTS 02129

Employer/ School OcC1Jpation


DISABLED

State ZJp Woti<Phone HOUtl of Employment

Hair Color Hair Length Eye Color BuRd Facial Hair Faclol Kalr Color
0Gia.ses
olce Complexion Hand Preference

Clothing Description
Tr.demar'i<s of Suspect
Injury , 1,Jury 5
Injury 1 Injury 2 Injury 3

Hospital Fadl ty Resldent


□ Ho-i>ttalzed
MO Panel
Enlr/ Type Envy,.,.. Entry Method

Exll Poinl Target Area


Entry Point
Property Target 3
Property T erg et 2
Property Te,vet 1
Victim ,A,ctivlty
T1(9el TlmeofOay

Acllon 3on vtcllm


Acilon 2 on VlcUm
on 1 on Victim
Action 3 lo PromllH
Action 2 to Premloos
f to Premise•
Other Action 3
Other Action 2

Solicite d Ofl•ted 3
Sollcltod Oflerod 2

Weapon 3
Woapon2

Weapon 3 Type
Weapon 2 Type

Weapon 3 Cal ber


Weapon 2 Caliber

Weapon 3 Color
weapon 2 Color
Instrument Used
Preclpllallng Circumstance

Jfilfltll
Incident Report CAO lnoldtnt II
P190033000
l~1por1Typo
lnoluent tlupplemtn1
Pogo 4 ol 7
D1te / Tln1<1 Oocurrod Dftllt / mt l\apori.d
01n0/2 10 17:2 lo 01/20/2019 17;22
"ICI Dooklng Num
Arr11t Acllon
Al'l'IIII Doto/Tlmo rr u d
Booklnu Olllrlct

St110
Zip
MASS
T11tDMt lmt Ttll Rttulll
Tort Admlnl1tered By
TNl DatofTlmo Taal R•eulls
Teat Admlnlstored By

T111n,port1ng Officer

Automatlo W11pon 1 Weapon 2

MulUplo Cloarenc. Juvenile Ol1po11Uon Card Number

Warrant Signed By
Dou• Aloahol ~ t

Olleel\>td Driving GtauyEyet PBT


un,1oady on Feet Blood,hot eye, C191h 0/feredTNt

Odor

#Miihiiidi#itiihSfull§ \
'

Nickname Race
White
Gender
Female
SSN Age
23
,.,,.~1D
Infant Type Height Weight Driver's Llcenle # DL State

Place of Birth Cltlzanshlp

Ethnicity Marital Status

Preferred. Contact #1 Conta<:1#2 Email Address

\'it 1111 Honie Adcrtss

Street Address

College Name ampus


0No
Slreet Address

Zip Work Phone Hours of Employment


lty Stale
Publlc N•tnttv.

As :he resu~ of a joint investigation by the Area A-1 Detectives Unit; Special Investigation Unit, Drug Control Unit, Homicide Unit, ISG, MBTA
~ohce'. 8o~on Housing Police, BIS, SOR! Unit and Area Al officers the following information was ascertained during the course of the
1nvest1gat1on:

Video surveillance and phone record evidence recovered by investigators show the following timeline:

About 11:08 P.M., the victim is observed leaving 25 Union Street, Hennessey's Bar. It is later determined that the time stamp on the
video is incorrect and is off by several minutes.

,.About 11:37 P.M., the victim is observed at Union St and North St near WhiteBull Bar, the victim appears intoxicated and is having
difficulty walking.

About 11:38 P.M., the victim is observed on camera near North Street and Congress St. The video shows the suspect later identified as '
(Pena, Victor) and another male approach the victim as she crosses the street. Both men are observed watching the victim stagger
across the street and then follow her on Congress towards State Street.

About ll:40P.M., the victim is observed on Congress Street at State Street being followed by the two suspects.

About 12:01 AM., the victim is observed on MBTA Surveillance Cameras with s1;1spect (Pena) with is. armed wrapped around her and him
guiding her as she walked.

About 12:04 AM., the victim's phone is showing active on Main Street in Charlestown.

About 12:06 A.M., The victim and suspect (Pena) are observed walking by the Wholefoods Store at 5 Austin Street; this includes video
evidence and an eyewitness. The suspect (Pena) is observed holding onto the victim and guiding her as she is having difficulty walking.

About 12:09 A.M., the victim and suspect (Pena) is observed walking Main Street.

About 12:13 AM., the victim and suspect are observed on home security camera at 42 Green St walking towards Bunker Hill Street, the
-
CAD incldeht #
Incident Report Cao• Number
1192005294 P190033806
ReportlyPe
Incident Supplement
Page 6 of 7
- Date/ Time 0=ed
01/20/2019 17;22 10
I 01/20/2019
Date / Time Reported
17:22
suspect is observed holding onto the vIct1m.

About 12'30 p M the ·ct· ,5 .st . .


Walford w· · ·• vr im si er tracked the victim's phone via find-my-iphone App to Walford Way and Corey Street, which is 49
ay.
'.fryv..-e:,--y-
On Ocnrtrer 22, 2019, the task-force conducted a ext ·
evidence that may assi t . t' th . . . . ensive canvass of the Charlestown Area looking for video cameras and/or any other
1
to hou-se canvass vid s in oca ingff e missing victim. About l:3o P.M., a meeting was held with investigators to delegate tasks including house
, eo recovery e orts and media outreach Cleare · f h ·
MBTA Detectives' u -1 Th . . · r images O t e suspect were obtained from Lt Det Mark Gillespie of the
m · ese images were given to the investigators to use while canvassing the neighborhood.

About 2:40 P.M., Sgt Det Mitchell (Homicide U "t) D t Br (H · · ·


Kintigos (BHA Police) returned to 49 Walford Wa ;e~au:e i iss ~m1c1de U~1t) ' Det Walsh (Homicide Unit) ' Officer Fabiano (DCU) and Sgt
records showing the location of the victim' h Y . t was directly adJacent to Walford Way and Corey St which was the last phone
reviewed the clearer images of th s P/'::· During the canvass of the building the detectives located two occupants of the building who
knocked on the door of apartmen: :6s:5ect ~n t _ey stated he looks like the occupant of 49 Walford Way, Apt #625. The detectives then
Office to obtain the occupant inf t' a~ received no response. Sgt Kintigos (BHA) then left the scene and went to the BHA Management
49
Victor Pena, DOB 41211980 ; ; a ~ ; or Walford WaY: Apt #625. Sgt Kintigos reported that the sole occupant of the apartment was
49
whom he believed resembl' d th a or ~y, Apt #625. Det Bhss spoke to the BRIC who provided him with a booking photograph of Pena,
· e e suspect in the video.

th
. f At !s same time, Sgt Det Talbot (A-1 Det) received information from Lt Det Marie: Gillespie (MBTA Police) that he ran Charlie card
m
tha ormat1on for Walford
. Way and found an ·md'IV!'duaI whom 1ooked similar
• •
to the surveillance • •
photos of the suspect. Lt Det G1llesp1e •
ascertained
~ e suspect. Victor Pena, DOB 4/2/1980, 49 Walford Way, Apt #625. Sgt Det Talbot, Deputy Marcus Eddings and Sgt Det Conley (DCU)
th
reviewed th~ booking sheet of Pena and they collectively be°lieved Pena looked like the suspect in the video. Additionally, Lt Det Gillespie was
~ble to P!0 vide Sgt Det Talbot with an updated Facebook Pheto of Pena which strongly resembled the suspect in the video. Based on this
information, Sgt Det Talbot (Al), Sgt Det Conley (DCU-Citywide), Det Mike Ross (DCU), PO Resil (DCU), PO Belgrade (DCU) and PO Esteves
(DCU), responded to 49 Walford Way, Apt 625, to speak with Pena and attempt to locate the victim. Upon arrival at the location, Sgt Det Talbot.
Sgt Det Conley, Det Ross and PO Esteves observed Sgt Det Mitchell, Det Bliss and Oet Walsh standing on the second floor landing outside #62S
at 49 Walford Way.

The two groups of detectives shared information that they garnered independently which led to probable cause that Victor Pena was the
suspect responsible for abducting the victim. Additionally, the detectives received information that the victim's cell phone had just been
activated and she was sending messages to her mother. The location of the phone indicated it was once again active at Walford Way and Corey
St, which is the exact location of 49 Walford Way. Concerned for the well-being of the victim and the fact her life was in danger, a request was
made by Sgt Det Mitchell to have the BHA open the door to conduct a protective sweep. Upon examining the door it was ascertained that the
occupant had installed his own private lock on the door against BHA rules. BHA Maintenance responded to the scene with keys and drill to
remove the Ioele. Prior to drilling the lock. the detectives waited approximately 20 minutes knocking numerous times repeatedly in a attempt to
have the occupant open the door. Once the top lock was dismantled but prior to the lower locks being opened, the detectives heard the locks
opening from the inside.

As soon as the door opened, Sgt Det Mitchell, Det Bliss and Sgt Det Talbot immediately engaged the suspect, Victor Pena, who was standing
at the doorway. The detectives could see the victim standing next to Pena crying with a horrified look on her face. The detectives attempted to
place handcuffs on Pena in the kitchen area but he refused to comply and resisted violently. Det Bliss, Sgt Det Mitchell and Sgt Oet Talbot we
able to eventually secure Pena's hands and cuff him. Sgt Det Conley, Det Ross, Sgt Kintigos and Det Walsh ran into the apartment and secured
the victim and removed her from the apartment. They then conducted a protective sweep of the apartment for other potential suspects and/or
victims to no avail. Sgt Det Talbot secured the apartment door using keys and posted two uniformed officers (Adams/Burke) at the front door for
security pending the issuance of a search warrant.

The victim was transported via H&H to Mass General for Treatment. Det Costine (A-1) did speak wi th th e victim who stated that she was
being held against her will in 49 Walford Way, #625, by the suspect Victor Pena. The victim reported her phone was taken by Pena and he
refused to let her leave the apartment for the entire time she was held there.

Pena was removed from the apartment and transported to A-1 via A416D (Godin) and AlOl (Gorman/Jacobs). Pena is being charged in
Charlestown District Court with Kidnapping.
- cAO incident ti
ln,c ident Report
Type 1_ d; 1
I ~ Supplement ' PIQIJ

In _addition t_o t~e _origihi\11 team of inve,stfgators li$ted _a_bove ·the .folt.o~ng unit$_responded to 49 Walford Way exterior crime scene are~- ~C
(Fong),-Supt Don~van ·(YC-03); ·Oepu~ ~dding~ (YC"'.2.4)1. l;.t t>~t WUso.n-(M82), ..lt -Det Cullity (V~03), \.t D~t Greeley N A04),_Sgt.Det T~~ (Tse:'
•: D.e t Al~ert (VD~9-8-1),-Sgt O~t Murphy (Y932), Matiqla_(A9Q&t Oo.ris,(A905}, Ofoley (V~S2.), Surman (Y9~'-l, Doyle (VQ214), Gero (VDl.07),
ig_ht: {Vd03), )uba-(AS11),: Holder (A824), Nucci (A82-9); ·tvkb0n9.c;,gtf'(A$07),Al()'.l. Gorman/Ja~obs, A103 Adams/Burke, A41l Chen, A693 Eg_ itn,
94 Elyn_n. · - · · ·