pcon fo±ica uapartmant Arrest Report Arrest #: 10-897-AR Call #: 10-26519

Page: 3 10/18/2010

WATCHGUARD DVD 2UAN7ITY: 1 SERIAL S: HOT AVAIL DATE: 10/15/2010 OWNER: RYAN, MICHAEL BOOKING ROOM VIDEO CAMERA E QUANTITY: I SERIAL if : NOT AVAIL DATE: 10/16/2010 OWNER: RYAN, MICHAEL

10-2519-PR VALUE: SI . 00

Evidence (Not Kibrs Reportable)

iNortnampton Police Department NARRATIVE FOR PATROL OFFICER PAUL J MARGUET- 4756 Ref; 10-897-AR Entered: 10/15/2010 @ 2100 Modified: 10/15/2010 @ 2312 Entry ID: 215 Modified ID: 215

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On "October 15. 2010, at approximately 2044 hrs, I Officer Marguet and Officer Liptak responded to the area behind Fitzwilly's to assist Officer Kohl who had requested another unit, Upon arrival, Officer Kohl was speaking with a male and a female party in the Probate Court parking lot. Hie male and female were attempting to walk away from a Grey Nissan Altima, bearing MA PC 5YE750, that .vas parked and blocking several other vehicles in the parking lot. I positioned my cruiser behind mat vehicle and Dut my take down lights on to illuminate the scene. Officer Kohl was speaking to the male party and trying to find out who the owner of the car was and who lad parked it there. The male was trying to walk away from the area and told Officer's to move out of the way. fhe male was told to go back to the vehicle until we figured out what was going to be done about it, The male iubject refused to give Officer Kohl his name and told Officer Kohl that he had no jurisdiction to get his name. At this time, we separated the male and female subject from each other. I spoke with the female subject md she stated that the car was hers. This was later confirmed through the Desk Officer that the Nissan Altima ,vas registered to her Barbara Plante. When asked who drove the car there, Barbara told us that she did not k/iow. I noticed that Barbara had a strong odor of an alcoholic beverage emanating from her breath. She had slurred speech and her eyes were glossy and blood shot. While I was speaking with Barbara, I observed Officer Kohl begin to conduct a pat frisk on the male lubject for officer safety reasons. I turned to speak with Barbara until I heard the male subject yelling at Officer Cohl. When 1 turned to see what the disturbance was, I saw the male subject hit Officer Kohl's hand forcefully as o knock whatever item that was in his hand out of it. At this time, the male subject walked toward Officer Kohl .nd brought his right arm up to Officer Kohl's face pointing at him. The male subject was perceived as assaultive .nd Officer Kohl pushed the male subject into the car that was behind him. Officer Liptak grabbed hold of the nale subject as well In order to place him into handcuffs. At this time, the male subject yelled out and identified drnself as Michael Ryan. While they were placing Ryan in handcuffs. Barbara came over as if she was going to ry to intervene in the arrest of her friend Rya n. Officer Wigmore had arrived on scene at this time. Officer Vigmore and I stopped Barbara from going over to where Ryan was. We spoke with Barbara regarding what to .0 with her vehicle while Officer's Liptak and Kohl were bringing Ryan towards my cruiser. Michael Ryan was placed into the rear of cruiser #48 where I then transported him back to the station for ooking. Upon arrival at the station, we met with Officer Kohl who took custody of Michael Ryan for booking.

IN or-en amp ton police Department

SUPPLEMENTAL NARRATIVE FOR PATROL PAUL T WIGMORE-1259 JB Ref; 10-897-AR ntry ID: 174 Entered: 10/15/2010 @ 2154

On 10/15/10. at approximately 2044 hours, I (Paul T. Wigmore Jr.) responded to the rear parking lot of Fitzwilly's Restaurant to assist Officer Kohl, Officer Marguet and Officer Liptak with a suspicious vehicle parked in this lot. It should be known that the downtown area of Northampton was very busy with foot traffic and, as I arrived on scene, I observed numerous people walking in the parking lot where Officer Kohl and Officer Liptak were standing. Upon arrival, I pulled up behind Officer Liptak's cruiser and observed Officer Kohl pat frisking a white male, later identified as Michael Ryan, by a vehicle that was stopped in the middle of the Probate Court parking lot. As I exited my police cruiser, I observed this white male turn around and appeared to be yelling at Officer Kohl. This male than slapped Officer Kohl's arm causing the arm to be pushed back. Officer Kohl and Officer Liptak than grabbed onto this male, and placed him into handcuffs. I walked over to the female, identified as Barbara Plante, advised her that Ryan was under arrest and assisted her with getting her vehicle, which appeared to have a flat tire, removed from the parking lot. Once the vehicle was towed from the scene, I cleared,

iNui L-iiamp ton foiice Department
NARRATIVE FOR PATROL ANDREW J KOHL - 3147
10-897-AR
D:
191

Page : 1

On Friday, October 15, 2010 at approximately 2040 hours, I (Officer Andrew Kohl) was on routine bicycle patrol, checking the parking lot behind the Probate Court (33 King St.). As I rounded the end of the parking lot and began traveling back towards the rear of Fitwilly's, I observed a gray Nissan Maxima (MA PC 5 YE750) stopped in the middle of the parking lot with it's lights illuminated and two individuals walking around the outside of the vehicle. It should be noted that the parking lot behind the Probate Court was observed to be at maximum capacity due to the fact that it was a busy Friday night in the Downtown area. The parking lot is normally used for individuals whom are parking in order to travel to the various bars and restaurants in the area. ] also observed that [here were numerous individuals walking to and from their vehicles, and that there were several cars circling the
lot.

As I proceeded to approach the vehicle, 1 observed (that the vehicle was running and/ there was a large mound of what appeared to be garbage, including soda cans, clothing, and a spare tire, lying on the asphalt of the parking lot. 1 also observed that the vehicle's right front tire was flat and a tire iron on the ground near the passenger side of the vehicle. I then observed that a male party was emptying the contents of the vehicle's trunk 3nto the ground a female standing on the driver's side of the vehicle. A.t this time, 1 stopped and inquired if the two parties needed assistance. The male party then approached me and stated that the vehicle had a flat tire and they were attempting to place the spare tire onto the vehicle. When the male party approached me I immediately detected a veiy strong odor of an alcoholic beverage emitting from his person and breath, which intensified when he spoke, I also observed that his eyes were extremely Bloodshot and glassy, and his speech was dramatically slurred.

. ao ietected a very strong odor of an alcoholic beverage emitting from her person and breath when she came up to ne, which intensified when she spoke. Her eyes were also observed to be extremely bloodshot and glassy, and ler speech to be slurred. When I attempted to continue to speak with the female, she quickly turned away and ipproached the trunk of the vehicle along with the male party.

The female party then began to violently throw the items that were on the ground back into the trunk of the vlissan Maxima as the male party stood next to her. I then attempted to inquire from the two where they had been irior to stopping the vehicle in the parking lot. The male party then walked up to me very quickly and asked why was asking and why that mattered. I advised the male that due to the fact that they were displaying signs of ntoxication, I was inquiring if they had been consuming alcohol in the area. The male party then stated that I did iot need to know where they had come from and that he did not need to tell me that information. He then iroceeded to the trunk of the vehicle along with the female party. I then placed my bicycle on the ground and approached the two parties. I then explained to the male that ioth he and the female he was with apppare-d to be highly intoxicated and that ihey were not able to operate the •ehlcle any further. The male party stated then stated that they would merely pull the vehicle into a parking space vioiin the parking lot. I advised him that parking the vehicle was not an option due to the fact that both he an the emale appeared to be intoxicated and I would not be allowing them to operate the vehicle. The male party then

ii wj. uneuupton foj.n-ce uepartment
NARRATIVE FOR PATROL ANDREW J KOHL - 3147 Eef: 10-897-AR tared: 10/15/2010 @ 2211 Entry ID: 191

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stated that he and the female would just leave the vehicle where it is and attempted to walk away, I then advised the male party that the vehicle could not be left in the middle of the parking lot, and if it was it would be towed. He then stated that the vehicle had merely come out of park and rolled into the parking lot, even though there was no possible way that occurred due to the location of the vehicle within the parking lot. The male party then became upset and began raising his voice, as he stated that they did not want the vehicle towed. As I continued to speak with the male and female, 1 observed several pedestrians walking through the parkins lot very close to our location. As I observed them walk by our location. I observed mem to turn their heads and look as if to see what was happening. I then asked the male and female parties to provide me with some type of identification and to provide me with their names. The male party stated that he did not have to provide me with his name and also advised the female party not to give me any identification or provide her name. At this time, I radioed for an additional unit to respond to my location in order to assist. A few minutes later, Officer Marguet and Officer Liptak arrived on scene. As Officer Marguet and Officer Liptak exited their marked police cruiser, which was equipped with a Watchguard camera system, the male party proceeded to become belligerent and argue with me about the location of the vehicle and continued to refuse to provide me with his name or identification. The male party then stated that I had no jurisdiction in this parking lot due to the fact that it was "federal" property. I then advised the male that I was a Northampton Police Officer and that I absolutely had jurisdiction in the parking lot. The male party continued to refuse to provide me with any identification, and attempted to escort the female party away from Officers towards the Fitzwilly's building. Officer Liptak then advised the two parties that they were not able to leave the area because of their high levels of intoxication. The male party then continued to argue with Officers, refusing to give any of his information, and proceeded to display argumentative and belligerent behavior. While attempting to ascertain his identity, the male party continually placed his hands in his pockets as Officers advised him not to do so. Due to the males continual action of placing his hands in his pockets, his refusal to provide any information or identification, his high level of intoxication, I perceived that a crime may have occurred or may occurr if I was to leave the area. I then advised him to turn towards the rear of the vehicle and place his hands on the trunk in order for me to pat frisk him for Officer safety, While doing so, Officer Marguet and Officer Liptak escorted the female party away from the trunk of the vehicle. Officer Wigmore then arrived on scene. As I was pat frisking the male, I located his wallet in the left front pocket of his pants. I then removed the wallet from the pocket in an attempt to locate some form of identification for the male. As I removed the wallet from the male's front pocket and attempted locate some form of identification, the male party quickly turned around and exclaimed, "What are you doing?" As he yelled, the male party quickly turned around, jabbed at my right hand with his left hand, striking me in the wrist with his left hand. As this occurred, I stepped back away from male party in order to create space. As I did so, the male party stepped towards me and raised his right hand into the air towards my face and began pointing at me and advancing towards me as if to strike me. At this point, I perceived the male party to be assaultive and proceeded to push him back against the trunk

wor-cnampton folice Department NARRATIVE FOR PATROL ANDREW J KOHL - 3147 Ref: 10-897-AR Entered: 10/15/2010 @ 2211 Entry ID: 191

Page: 3

jf the vehicle. Officer Liptak then ran over to my location and proceeded to assist me with handcuffing the male Darty. I was then able to turn the male over onto his stomach, place his left ami behind his back, as Officer Liptak ;onJrolled his right ami and placed it behind his back. As Officer Liptak and I were placing handcuffs on the nale party, he exclaimed, "I'm Michael W. Ryan, a retired judge!" Officer Liptak and I then handcuffed the male .o the rear and the handcuffs were double locked. He was then escorted to cruiser #48 and placed into the rear. During the incident, I observed that a white sedan mat was driving in the vicinity had slowed in order to observe was occurring between the male party and the Officers on scene. After placing the male into the real' of the cruiser, I was able to locate a Massachusetts Identification Card n the male's wallet, identifying him as Michael Ryan (DOB 06/28/1946). At this time, Officer Wigmore •emained on scene and the Nissan Maxima was eventually towed from the scene. The female party that was with *yan was later identified as Barbara Jean Plante (DOB 03/12/1968). Officer Marguet and Officer Liptak then transported Ryan to the Station for booking. Once at the Station, ilyan was booked per Department policy and procedure. Ryan was advised of his rights under Miranda, his right .0 bail, and his right to use the telephone. Ryan's property was inventoried, he was allowed to use the telephone, le was photographed, fingerprinted, and placed into cell Ml for holding. During the booking process, Ryan continued to display his belligerent behavior, refusing to answer standard booking questions. At one point during the booking process after SSgt. Cartledge traveled to place lyan's money in to the prisoner safe, Ryan said to me, "Do you really want to do this Officer?" as if to intimidate )r influence my decision, Plante later stated that she and Ryan were at Griffin's Bar in Holyoke, MA. Clerk Morin was notified and set bail for Ryan at Personal Recognizance plus fee when sober. A copy of the Watchguard DVD was burned and tagged as evidence. A copy of the booking room camera botage was also burned and tagged as evidence. It should be noted that the male party's real name is William Michael Ryan, but is commonly referred to ind known as Michael Ryan, Ryan is charged with: Ch. 272 Sec. - Disorderly Conduct Ch. 265 Sec. 13D - Assault and Battery on a Police Officer

^orcnampTion Police Department NARRATIVE FOR PATROL DENNIS M LIPTAK -2297 Ref: 10-897-AR Entered: 10/15/2010 @ 2231 Modified: 10/15/2010 & 2313 Entry ID: 186 Modified ID: 186

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On Friday October 15, 2010, at approximately 2044 hours Officer Marguet and I, Officer Liptak responded to the larking lot behind Fitzwilly's to assist Officer Kohl who requested another unit. Upon arriving on scene, we located Officer Kohl in the parking lot of 33 King Street (Probate Court) speaking with a male and female. Officers also observed 5 Gray Nissan Altima (Mass Reg 5YE750) parked in the middle of the parking lot and not in a parking space. It should also )e noted that this parking lot was full to capacity with a number of vehicles. There were a number of vehicles driving in snd out of the lot as well as people walking through the parking lot. As we approached Officer Kohl and the male (later dentified as Michael Ryan] as well as the female (later identified as Barbara Plante) I immediately detected a strong odor >f alcohol in the air. Once I was directly in front of Plante and Ryan I observed them to be unsteady on their feet and heir eyes to be bloodshot and glossy, Ryan began yelling at Officer Kohl telling him that he had no jurisdiction in this larking lot. Officer Kohl advised Ryan that he did have jurisdiction and that he was trying to figure out why the Nissan Mtirna was parked in the middle of the parking lot. As Ryan spoke, the odor of an alcoholic beverage continued to emanate from his breathe. Ryan stated that he didn't have to speak with us and that they were leaving, it should be loted that Ryan refused to provide any identification to officers and we did not know who he was. Due to both Plante and Ryan being highly intoxicated, officers advised them that they could not leave the area. 3nce officers were able to escort Ryan and Plante to the rear of the Nissan, i observed Ryan placing his hands in his )ockets, I told Ryan to take his hands out of his pockets and keep them where we could see them. It was at this point hat we separated Plante and Ryan, Officer Kohl spoke with Ryan while Officer Marguet and I, Officer Liptak spoke with 'lante, While Officer Marguet spoke with Plante I was able to observe Officer Kohl with Ryan. I further observed Officer lohl begin to pat frisk Ryan for officer safety reasons. During his pat frisk of Ryan, I observe Ryan begin to turn around. !yan then slapped Officer Kohl's hand and I observe him raise his right hand in the area and begin to bring it toward Jfficer Kohl and it appeared to me that he was going to strike him. It was at that point 1 ran over to assist Officer Kohl in estraining Ryan. Officers were able to turn Ryan around so his stomach was against the truck. He briefly began to truggle with Officer Kohl and I, Officer Liptak, We were both able to place Ryan in a rear wrist lock and place handcuffs in him. Ryan then began yelling "I'm Michael W. Ryan a retired Judge". I did not recognize Ryan until he yelled his name t officers, It was at that point after he was placed under arrest I recalled he was a retired Judge from Northampton listnct. I advised Ryan that he was being placed under arrest for Assault and Battery on a Police Officer. He was then ilaced in cruiser 48 and transported to the station for booking. it should be noted that once Officer Marguet and I arrived on scene, the entire incident was caught on cruiser 48's /atchguar video recording system.

norcnampton Police Department
SUPPLEMENTAL NARRATIVE FOR PATROL ANDREW J KOHL - 3147 Refi 10-897-AR

Page: 1

Defendant RYAN, MICHAEL DOB: 06/28/1946 Charges DISORDERLY CONDUCT A&B ON POLICE OFFICER Synopsis Date: 10/15/2010 Location: COURT HAMPSHIRE HALL OF RECORDS PROBATE CRT 33 KING ST Officers: Patrol Andrew J Kohl - 3147 On Friday, October 15, 2010 at approximately 2040 hours, I (Officer Andrew Kohl) was on routine bicycle patrol, checking the parking lot behind the Probate Court (33 King St.). As I rounded the end of the parking lot and began traveling back towards the rear of Fitwilly's, I observed a gray Nissan Maxima (MA PC 5YE750) stopped in the middle of the parking lot with it's lights illuminated and two individuals walking around the outside of the vehicle. It should be noted that the parking lot behind the Probate Court was observed to be at maximum capacity due to the fact that it was a busy Friday night in the Downtown area, The parking lot is normally used for individuals whom are parking in order to travel to the various bars and restaurants in the area. I also observed that there were numerous individuals walking to and from their vehicles, and that there were several cars circling the lot. As I proceeded to approach the vehicle, I observed a large mound of what appeared to be garbage, including soda cans, clothing, and a spare tire, lying on the asphalt of the parking lot. I also observed that the vehicle's right front tire was flat and a tire irbn on the ground near the passenger side of the vehicle. I then observed that a male party was emptying the contents of the vehicle's trunk onto the ground a female standing on the driver's side of the vehicle. I stopped and inquired if the two parties needed assistance. Fhe male part)' then approached me and stated that the vehicle had a flat tire and they were attempting to place .he spare tire onto the vehicle. When the male party approached me I immediately detected a very strong odor of m alcoholic beverage emitting from his person and breath, which intensified when he spoke. I also observed that :is eyes were extremely bloodshot and glassy, and his speech was dramatically slurred.The male party refused to provide me any information in regards to where he had come from or where he was traveling to. The male party, .vhom was accompanied by a female, continually attempted to walk away stating that they would leave the /chicle where it is. The male party then stated that they would merely pull the vehicle into a parking space within he parking lot. I advised him that parking the vehicle was not an option due to the fact that both he and the emale appeared to be highly intoxicated and I would not be allowing them to operate the vehicle. As I continued o speak with the male, I observed several pedestrians walking through the parking lot very close to our location. Vs I observed them walk by our location, I observed them to turn their heads and look as if to see what was lappening, I then asked the male party to provide me with some type of identification and to provide me with his lame. The male party stated that he did not have to provide me with his name and also advised the female party hat he was with not to give me any identification or provide her name. The male party then proceeded to become >elligerent and argue with me about the location of the vehicle and continued to refuse to provide me with his laine or identification, The male party then stated that I had no jurisdiction in this parking lot due to the fact that E was "federal11 property. The male party continued to refuse to provide me with any identification, and attempted D escort the female party away from Officers, Officers then advised the two parties that they were not able to ;ave the area because of their high levels of intoxication. The male party then continued to argue with Officers, erasing to give any of his information, and proceeded to display argumentative and belligerent behavior. While ttempting to ascertain his identity, the male party continually placed his hands in his pockets as Officers advised im not to do so. Due to the males continual action of placing his hands in his pockets, his refusal to provide any

rjorcnamp^on Police Department
SUPPLEMENTAL NARRATIVE FOR PATROL ANDREW J KOHL - 31d7

Page: 2

Ref: 10-897-AB. Entered: 10/16/2010 @ 0056
Modified: 10/16/2010 @0122

Entry ID: 191 Modified ID: 191

information or identification, his high level of intoxication, I perceived that a crime may have occurred or may occur ifl was to leave the area. I then advised him to turn towards the rear of the vehicle and place his hands on the trunk in order for me to pat frisk him for Officer safety. As I was pat frisking the male, I located his wallet in the left front pocket of his pants. I then removed the wallet from the pocket in an attempt to locate some fonn of identification for the male. As I removed the wallet from the male's front pocket and attempted locate some form of identification, the male party quickly turned around and exclaimed, "What are you doing?" As he yelled, the male party quickly turned around, jabbed at my right hand with his left hand, striking me in the wist with his left hand. As this occurred, I stepped back away from male party in order to create space. As I did so, the male party stepped towards me and raised his right hand into the air towards my face and began pointing at me and advancing towards me as if to strike me. At this point, 1 perceived the male party to be assaultive and proceeded to push him back against the trunk of the vehicle and he was subsequently placed under arrest for Disorderly Conduct and Assault and Battery on a Police Officer. During the incident, I observed that a white sedan that was driving in the vicinity had slowed in order to observe was occurring between the male party and the Officers on scene, 1 was then able to locate a Massachusetts Identification Card in the male's wallet, identifying him as Michael Ryan (DOB 06/28/1946).

Michael Ryan was identified by a Massachusetts Identification Card. Prior Convictions Mone.