MOTION For Psychiatric Exam (Competency Evaluation) As To Francisco Severo Torres

Case 1:23-mj-05115-JGD Document 12 Filed 03/09/23 Page 1 of 5
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA )

)
v. )
) 23-MJ-05115-JGD
FRANCISCO SEVERO TORRES, )
)
Defendant )
GOVERNMENT’S MOTION FOR COMPETENCY EVALUATION
The United States of America moves, pursuant to 18 U.S.C. §§4241(a), 4241(b), and
4247(b) and (c), to commit the defendant to the custody of the Attorney General for placement in
a suitable Federal Bureau of Prisons facility to conduct a mental examination to determine
whether the defendant is competent to stand trial. There is evidence, which is submitted as
Exhibits 1-15 hereto and in support of the government’s motion for detention, suggesting that the
defendant has mental health issues. As an officer of the court, counsel believes she has an
obligation to call these matters to this Court’s attention, so it may ensure the defendant is
competent to understand the nature and consequences of the proceedings against him and/or to
assist counsel in his defense. The government is raising this issue now so that the issue of
competency may be addressed at this time, to avoid any unnecessary delays in the proceedings.
FACTUAL BACKGROUND
The essential facts related to the incident charged in this case are provided in the
Affidavit in Support of Criminal Complaint, submitted as Exhibit 1 hereto; additional evidence
of the defendant’s actions is captured in a passenger video submitted as Exhibit 2 hereto, and in
the defendant’s post-Miranda recorded interview submitted as Exhibit 3 hereto. In short, on
March 5, 2023, while on board United Airlines Flight 2609 en route from Los Angeles,
California, to Boston, Massachusetts, the defendant attempted to open one of the aircraft’s
emergency exit doors while in flight, despite knowing that if he were successful, many people
would die. He then told passengers, “I am waiting for them to point the gun at me so I can show
everybody that I won’t die when I take every bullet in that clip to wherever in my body they
shoot it and then I will kill every man on this plane”; “they’re going to have to shoot me down
today”; “where are they diverting us, because wherever it is, there is going to be a bloodbath”;
and then stated that he was “taking over this plane.” When a passenger attempted to intervene
to stop him, the defendant took a fighting stance, then rushed forward toward the cockpit,
blocked by flight attendants at Galley 2. The defendant then attempted to stab one of the flight
attendants in the neck multiple times with a metal spoon that he had broken in half in the plane
lavatory, only stopping when he was tackled and restrained by multiple passengers and flight
crew for the remainder of the flight. He was taken into custody immediately when the flight
landed in Boston and was charged in this case. In a post-Miranda interview, the defendant
admitted to attempting to open the emergency exit door and admitted to stabbing the flight
attendant multiple times, although at one point in the interview he suggests that it was a person
behind him that he had stabbed. In the interview, the defendant also expresses the view that he
would not die if stabbed in the heart or shot in the chest, or would come back to life. He also
claims to have committed self-harm within the past 40 days.
At his initial appearance on Monday, March 6, the government moved that the defendant
be detained based on dangerousness under 18 U.S.C. § 3142(f)(1)(B) as well as risk of flight
under 18 U.S.C. § 3142(f)(2)(A), and the defendant was taken into the custody of the U.S.
Marshals pending a detention hearing on Thursday, March 9. The defendant was taken to the
Donald W. Wyatt Detention Facility that afternoon. That evening, without provocation, the
2
defendant attacked a guard at Wyatt, repeatedly punching him in the face until backup arrived to
help restrain the defendant. See Ex. 4.
A review of the defendant’s past involvement with police and the court system reveals
that mental health issues have been present or claimed in past contacts, events, and cases. See
generally Exs. 5-15. In one incident just eight days prior to the incident charged here, the
defendant made concerning statements to strangers about wanting to “die tonight at midnight,”
wanting to “get shot by 12 people with an AR 15 two times at point blank,” and that he was “half
angel and half devil.” Ex. 14.
LEGAL STANDARD AND ARGUMENT
At any time after initiation of a criminal prosecution, the defendant or attorney for the
government may file a motion for a hearing to determine the defendant’s mental competency.
18 U.S.C. § 4241(a).
The court shall grant the motion, or shall order such a hearing on its own motion,
if there is reasonable cause to believe that the defendant may presently be
suffering from a mental disease or defect rendering him mentally incompetent to
the extent that he is unable to understand the nature and consequences of the
proceedings against him or to assist properly in his defense.
Id. In such a circumstance, prior to the date of the hearing, the court may order a psychiatric or
psychological examination of the defendant. 18 U.S.C. § 4247(b).
Psychiatric or psychological examinations of the defendant ordered pursuant to 18 U.S.C.
§ 4241(a) and (b) are to be conducted pursuant to the provisions of Section 4247(b) and (c).
Section 4247(b) provides that the court “may commit the person to be examined for a reasonable
period ... to the custody of the Attorney General for placement in a suitable
facility.” Unless “impracticable,” the statute requires the Attorney General to conduct the
3
examination “in the suitable facility closest to the court.” 18 U.S.C. § 4247(b). The
determination of which facility is suitable rests with the Attorney General, just as with all
other designations within the Bureau of Prisons.
The defendant’s actions and statements on board Flight 2609, his statements to law
enforcement in his recorded interview, his statements in Court, and his mental health history as
laid out in the attached Exhibits provide “reasonable cause” that the defendant “may” have
mental health issues sufficient for this Court to order a psychiatric or psychological examination
of the defendant under 18 U.S.C. §4241(a) to determine competency.
The government also asks that this Court order that the examination be completed at a
Bureau of Prisons Facility, pursuant 18 U.S.C. § 4247(b). There is an important public interest
in securing the most efficient, thorough, and reliable method for the Court to determine the
defendant’s competency. A Federal Medical Center (FMC), staffed by Bureau of Prisons
Psychiatrists or Psychologists, who routinely evaluate individuals based on the statutory criteria
required, would provide the most efficient, thorough, and reliable means of providing the Court
with the necessary information to make a determination as to the defendant’s competency to
stand trial. Should the defense require a separate examination of the defendant, or further
examinations relative to defendant’s mental state at the time of the offense, the government will
make every effort to ensure that this is accomplished in a coordinated manner to alleviate
duplication and unnecessary delays.
The government further requests that the Court order that the Bureau of Prisons Facility
examining the defendant be given access to all relevant medical and psychological/psychiatric
records of the defendant for purposes of conducting this assessment.
4
WHEREFORE, based on the foregoing, the United States of America seeks an order,
pursuant to 18 U.S.C. §§ 4241 (a) and (b) and 4247(b), committing the defendant, Francisco
Severo Torres, to the custody of the Attorney General for placement in a suitable facility for a
reasonable period of time in order to be evaluated by a licensed or certified psychiatrist or
psychologist, to assist in determining whether the defendant is presently suffering from a mental
disease or defect rendering him mentally incompetent to the extent that he is unable to
understand the nature and consequences of the proceedings against him or to assist properly in
his defense. A proposed order is attached.
The government understands that the defense does not object to the request for a
competency evaluation, although the defense has not yet had the opportunity to review this
motion or the proposed order.
Respectfully submitted,
RACHAEL S. ROLLINS
United States Attorney
By: /s/ Elianna J. Nuzum

ELIANNA J. NUZUM
Assistant U.S. Attorney
March 9, 2023
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent electronically
to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper
copies will be sent to those indicated as non-registered participants by First Class Mail.
/s/ Elianna J. Nuzum

Dated: March 9, 2023 Elianna J. Nuzum
5
Case 1:23-mj-05115-JGD Document 12-1 Filed 03/09/23 Page 1 of 4


)
v. )
) 23-MJ-05115-JGD
)
Defendant )
ORDER OF COMMITMENT FOR COMPETENCY EVALUATION
Based on the information provided in the Government’s Motion for Competency
Evaluation and accompanying exhibits, I find there is reasonable cause to believe that the
defendant may presently be suffering from a mental disease or defect rendering him mentally
incompetent within the meaning of § 4241(a).
1. Defendant shall be committed to the custody of the Attorney General for
placement in a suitable facility for the purpose of having psychiatric and/or psychological
examinations conducted by a licensed or certified psychiatrist or psychologist of that facility,
pursuant to § 4241. Upon being advised by the Attorney General as to which facility defendant
has been designated, the United States Marshals Service is directed to promptly inform the
Court, at which time the Court will issue an order directing the United States Marshals to
transport the defendant to the designated facility. The examinations shall be performed within a
reasonable period not to exceed forty-five (45) days. Upon a showing of good cause that
additional time is necessary for observation and evaluation of the defendant, the Court will grant
an extension of time not to exceed thirty (30) days. 18 U.S.C. § 4247(b).
2. Psychiatric or psychological reports shall be prepared and filed with the Court in
accordance with § 4247(c), with copies to counsel for the government and the defendant, said
reports to include:
A. Defendant’s history and present symptoms;
B. A description of psychiatric and psychological tests that were employed and their
results;
C. The examiner’s findings;
D. The examiner’s opinions as to diagnosis, prognosis, and whether defendant is
suffering from a mental disease or defect rendering him mentally incompetent to
the extent he is unable to understand the nature and consequences of the
proceedings against him or to assist properly in his defense.
3. The defendant may be given any necessary medication as deemed appropriate by
the medical staff at the facility.
4. The psychiatrist(s)/psychologist(s) shall have access to any Pretrial Services
Reports completed on the defendant in the instant case.
5. The psychiatrist(s)/psychologist(s) shall be allowed access to all available medical
records on the defendant.
6. When defendant’s examination is concluded and the examining facility deems
defendant ready to return to this district (if taken out of it), the representative of that facility shall
so advise both this Court and the United States Marshals Service, after which this Court shall
order defendant transported to this district by the United States Marshals Service.
7. Upon receipt of the report, a hearing will be held in accordance with the
provisions of § 4247(d) to determine the competency of the defendant and his ability to properly
assist in his defense and to understand the nature and consequences of the proceedings against
him. 18 U.S.C. § 4241(a).
2
8. The names, addresses and telephone numbers of defendant’s counsel,
government’s counsel, and the Pretrial Services officer are as follows:
Joshua Hanye
Assistant Federal Public Defender
Office of the Federal Public Defender
51 Sleeper St., 5th Floor
Boston, MA 02210
617-223-8061
Elianna Nuzum
Assistant United States Attorney
U.S. Attorney’s Office
John J. Moakley U.S. Courthouse
One Courthouse Way, Suite 9200
Boston, MA 02210
617-748-3100
Annalia Guerrero
U.S. Probation and Pretrial Services Officer
John J. Moakley U.S. Courthouse
One Courthouse Way, Suite 9200
Boston, MA 02210
617-748-4415
9. The United States Marshal, or his authorized deputy, shall transport the defendant
to and from the facility(ies) designated by the Bureau of Prisons.
10. Should defendant be prescribed and taking medication at a Bureau of Prisons
designated facility, the United States Marshals shall ensure that such medication is continued to
be provided to defendant, including while in transit and continuing while he is in custody
awaiting his next court date.
11. The period of time from this point forward, until the issue of defendant’s
competency is taken under advisement after receipt by the Court of the results of the psychiatric
and/or psychological examinations of defendant and completion of any hearing on that issue,
3
shall be excludable time for the purposes of The Speedy Trial Act; 18 U.S.C. § 3161(h)(1), as
construed by the U.S. Supreme Court and the U.S. Court of Appeals for the First Circuit.
IT IS SO ORDERED.
________________________
JUDITH G. DEIN
United States Magistrate Judge
Dated: ___________________
4


)
v. )
) 23-MJ-05115-JGD
)
Defendant )
GOVERNMENT’S EXHIBIT LIST
The government hereby offers the following exhibits in support of its detention motion
and Motion for Competency Evaluation for consideration at the March 9, 2023 hearing in this
matter.
1. Complaint and Affidavit, 23-MJ-05115-JGD
2. Passenger Video
3. Defendant Recorded Interview
4. Email re: Wyatt Staff Assault
5. Fitchburg Police Department report (April 15, 2015)
6. Fitchburg District Court docket, 1516CR000650
7. Torres Complaint against Worcester Recovery Center, 4:21-cv-40036-TSH
8. Leominster Police Department report (Sep. 7, 2016)
9. Leominster Police Department report (Sep. 11, 2016)
10. Leominster Police Department report (October 25, 2017)
11. Leominster Police Department report (July 30, 2021)
12. Torres Second Complaint against Fuller Hospital, 22-cv-40147-LTS
13. Leominster Police Department report (December 1, 2022)
14. Leominster Police Department report (February 25, 2023)

15. Defendant’s Letter to Leominster District Court, 1761CR1393
The government reserves the right to supplement or amend this list. The proposed
exhibits are attached to the government’s Motion for Competency Evaluation; due to file format
and size, Exhibits 2 and 3 have been provided to the Court and defense counsel separately.
Respectfully submitted,
RACHAEL S. ROLLINS
United States Attorney
By: /s/ Elianna J. Nuzum

ELIANNA J. NUZUM
Assistant U.S. Attorney
March 9, 2023
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent electronically
to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper
copies will be sent to those indicated as non-registered participants by First Class Mail.
/s/ Elianna J. Nuzum

Dated: March 9, 2023 Elianna J. Nuzum
2
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AO 91 (Rev. 11/11) Criminal Complaint

for the
District of
__________ Massachusetts
District of __________
United States of America )

v. )
) Case No.
) 23-MJ-5115-JGD
FRANCISCO SEVERO TORRES )
)
)
Defendant(s)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of March 5, 2023 in the county of Suffolk in the
District of Massachusetts , the defendant(s) violated:
Code Section Offense Description

49 U.S.C. § 46504 Being an individual on an aircraft in the special aircraft jurisdiction of the
United States while onboard United Airlines Flight 2609 en route from Los
Angeles, California, to Boston, Massachusetts, did commit interference and
attempted interference with flight crew members and flight attendants using a
dangerous weapon
This criminal complaint is based on these facts:

See Affidavit of FBI Task Force Officer Thomas M. Menino, Jr.
✔ Continued on the attached sheet.

u
Complainant’s signature
Thomas M. Menino, Jr., Task Force Officer, FBI

Printed name and title
$WWHVWHGWRE\WKHDSSOLFDQWLQDFFRUGDQFHZLWKWKHUHTXLUHPHQWVRI)HG&ULP3E\WHOHSKRQH
Date: 03/06/2023
Judge’s signature
City and state: Boston, MA U.S. Magistrate Judge Judith G. Dein

Printed name and title
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23-MJ-5115-JGD
AFFIDAVIT IN SUPPORT OF AN APPLICATION

FOR A CRIMINAL COMPLAINT
I, Thomas M. Menino, Jr., being duly sworn, depose and state as follows:
INTRODUCTION
1. I am a Boston Police Department Detective and have been employed with the
Boston Police Department since 1994, when I graduated from the Boston Police Academy. In my
role as a Boston Police Department officer and then detective, I have investigated numerous crimes
and have utilized various investigative techniques including conducting surveillance, interviewing
witnesses and defendants, and applying for and executing search and arrest warrants. I am
currently detailed to the Federal Bureau of Investigation (FBI) as a Federal Task Force Officer, a
role I have had for almost six years. I serve as an Airport Liaison Agent at Boston Logan
International Airport (BOS), where I investigate violations of federal law in the airport
environment and onboard aircraft. In my capacity as an Airport Liaison Agent, I work with other
law enforcement agencies at BOS, including the Massachusetts State Police (MSP) and Federal
Air Marshal Service (FAMS). My additional training to become a Task Force Officer included a
week-long training in Quantico, Virginia, as well as annual training requirements on various topics
related to federal criminal law enforcement.
2. I make this affidavit in support of a criminal complaint charging Francisco Severo
TORRES (“TORRES”), YOB 1990, with interference and attempted interference with flight crew
members and attendants using a dangerous weapon, in violation of 49 U.S.C. § 46504.
3. I am aware that, under 49 U.S.C. 46501(2)(A), Special Aircraft Jurisdiction of the
United States applies to any civil aircraft of the United States while the aircraft is in flight. An
“aircraft in flight” is defined in Section 46501(1)(A) of Title 49 as an aircraft from the moment all
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external doors are closed following boarding through the moment when one external door is
opened to allow passengers to leave the aircraft.
4. I am also aware that 49 U.S.C. § 46504 makes it unlawful for any individual on an
aircraft in the special jurisdiction of the United States to assault or intimidate, or attempt to assault
or intimidate, a flight crew member or flight attendant of the aircraft, that results in the interference
with the performance of the duties of the member or attendant or lessens the ability of the member
or attendant to perform those duties.
5. The facts in this affidavit come from my personal involvement in this investigation,
including interviews of witnesses including crew members and passengers, as well as my
conversations with other members of law enforcement and my review of records. In submitting
this affidavit, I have not included every fact known to me about this investigation. Instead, I have
only included facts that I believe are sufficient to establish probable cause.
PROBABLE CAUSE
6. On March 5, 2023, while onboard United Airlines Flight 2609 en route from Los
Angeles, California, to Boston, Massachusetts, TORRES attempted to open one of the aircraft’s
emergency exit doors while in flight and then attempted to stab a flight attendant in the neck with
a sharp metal object. According to United Airlines, TORRES was assigned to and seated in seat
20E.
7. Flight 2609 departed Los Angeles at approximately 8:20 a.m. Pacific Time.
Approximately 45 minutes prior to landing, the flight crew received an alarm in the cockpit that
the starboard side door number 2, which is located at galley number 2 between the first class and
2
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coach sections of the aircraft,1 was disarmed. The Captain notified Flight Attendant Number 2
(“FA2”)2 of the alarm. FA2 inspected the starboard side door number 2 and found that the door
locking handle had been moved out of the fully locked position. The handle had been moved
approximately ¼ of the way towards the unlocked position. The emergency slide arming lever
had also been moved to the “disarmed” position. FA2 moved the locking handle back to the fully
locked position and armed the emergency slide. She then reported this to both the Captain and to
Flight Attendant Number 1 (“FA1”).
8. The Captain instructed FA1 to investigate the incident. FA1 went to galley number
2 and spoke with Flight Attendant Number 5 (“FA5”). FA5 informed FA1 that he had observed
the passenger in seat 20E3 (TORRES) in galley 2 near starboard side door number 2 and believed
that TORRES had tampered with the door. FA1 then approached TORRES and confronted him
about tampering with the door. TORRES asked FA1 if there were cameras showing that he had
tampered with the door. FA1 then returned to galley 2 and notified the Captain that he felt
TORRES posed a threat to the aircraft and that the Captain needed to land the aircraft as soon as
possible.
9. Shortly thereafter, TORRES got out of his seat and approached galley 2 where both
1
Galley number 2 is located in front of row 7 in the coach section of the aircraft. At
galley number 2, there is a kitchen area on the starboard side and a bathroom on the port side.
Directly behind the kitchen area and bathroom are two exit doors, one on each side of the
airplane.
2
The identities of the flight crew, flight attendants, and passengers described in this
Affidavit are known to law enforcement, but withheld here to protect their privacy.
3
Row 20 is located six rows behind Row 7 on the airplane and is adjacent to an exit door.
Seat 20E is the middle seat on the starboard side of that exit row.
3
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FA1 and FA5 were located. FA1 and FA5 were standing in the aisle. FA5 saw TORRES mouthing
something that he could not hear. TORRES had a shiny object in his right hand. When TORRES
got close to FA5 he thrust the shiny object at FA5 with a stabbing motion. FA5 felt the object in
TORRES’ hand hit him on his shirt collar and tie three times. Passengers tackled TORRES to the
ground and he was restrained with the assistance of flight crew.
10. According to the flight crew and flight attendants, TORRES’s actions interfered
with flight crew’s and flight attendants’ ability to attend to their typical duties, as they investigated
the cause of the cockpit alarm, fended off TORRES’s attack, and ultimately assisted in restraining
TORRES.
11. Interviews with passengers revealed the following additional information.
12. Passenger 1 was seated in seat 7C.4 Passenger 1 saw TORRES come out of the
bathroom at galley 2 and start pacing back and forth in galley number 2. TORRES then returned
to his seat. Later, Passenger 1 saw TORRES with something shiny in his right hand. During the
confrontation described above, Passenger 1 observed that TORRES threw a punch at FA5 with his
left hand and made a motion toward FA5’s neck with his right hand.
13. Passenger 2 was seated in seat 20D, next to TORRES. During the flight attendants’
safety briefing prior to takeoff, TORRES asked Passenger 2 where on the safety card it showed
where the door handle was located. Passenger 2 did not know the answer to TORRES’s question.
14. Passenger 3 was seated behind TORRES in seat 21E. Passenger 3 observed FA1
confront TORRES about tampering with the door. TORRES grew agitated. When TORRES later
got up from his seat, Passenger 3 followed him. Passenger 3 observed TORRES try to stab FA5.
4
Seat 7C is the aisle seat on the port side, directly behind the bathroom and across from
the starboard side exit door.
4
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Passenger 3 took TORRES down to the floor and restrained him with the help of fellow passengers.
15. The sharp object used to attack FA5 was located and determined to be the handle
portion of a metal spoon, from which the bowl portion had been broken off.
16. MSP Troopers met Flight 2609 upon its arrival to Boston at approximately
4:15 p.m. EST. Uniformed MSP Troopers located and removed TORRES from the aircraft and
detained him at the MSP airport barracks.
17. TORRES was interviewed at the MSP airport barracks. The interview was
recorded. TORRES was advised of his Miranda rights, waived them, and agreed to speak with
investigators. During the voluntary interview, among other statements, TORRES made certain
admissions, described below. The statements below are summary in nature and not direct quotes.
18. TORRES told investigators that he went into the bathroom on the plane and broke
a spoon in half to make a weapon. When he came out of the bathroom TORRES went into the
galley, disarmed the door, and tried to open it unsuccessfully. TORRES had gotten the idea to
open the emergency exit door and jump out of the plane. TORRES admitted to knowing that if he
opened the door many people would die. TORRES stated that soon after that attempt, he was
confronted by a couple of flight attendants. TORRES advised that to defend himself, he tried to
stab one of the flight attendants in the neck three or four times. TORRES stated that he believed
the flight attendant was trying to kill him, so he was trying to kill the flight attendant first.
5
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CONCLUSION
19. Based on the foregoing, I submit that there is probable cause to believe that, on or
about March 5, 2023, TORRES, being an individual on an aircraft in the special aircraft jurisdiction
of the United States while onboard United Airlines flight 2609 en route from Los Angeles,
California, to Boston, Massachusetts, did violate 49 U.S.C. § 46504, interference and attempted
interference with flight crew and attendants using a dangerous weapon.
___________________________
Thomas M. Menino Jr.
FBI Task Force Officer
Subscribed and sworn to via telephone in accordance with Federal Rule of Criminal Procedure
4.1 this 6th day of March 2023.
_____________________________
HON. JUDITH G. DEIN
UNITED STATES MAGISTRATE JUDGE
6
Exhibit 2
Exhibit 3
GOVERNMENT
EXHIBIT
4
GOVERNMENT
EXHIBIT
5
GOVERNMENT
EXHIBIT
6
GOVERNMENT
EXHIBIT
7
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Leominster Document
Case 1:23-mj-05115-JGD Police Department
12-9 Filed 03/09/23 Page 1 of 2 Page: 1
Incident Report 03/08/2023
Incident #:
Call #:
Date/Time Reported: 09/07/2016 1136

Report Date/Time: 09/07/2016 1243
Status: No Crime Involved
Reporting Officer: Patrol Leonardo Colon

Approving Officer: Lieutenant Michael Ciccolini
Signature: ______________________________
Signature: ______________________________
# INVOLVED SEX RACE AGE SSN PHONE
1 TORRES, FRANCISCO S M W 26 -7739
LEOMINSTER MA 01453
Military Active Duty: N

HEIGHT: 0 WEIGHT: 0 HAIR: NOT AVAIL. EYES: NOT AVAIL.
BODY: NOT AVAIL. COMPLEXION: NOT AVAIL.
DOB: /1990 PLACE OF BIRTH: NOT AVAIL.
LICENSE NUMBER: MA ETHNICITY: HISPANIC
___________________________________________[CONTACT INFORMATION]_______________________________________________
Home Phone (Primary)
________________________________________________[APPEARANCE]___________________________________________________
GLASSES WORN: NO
______________________ALIAS LAST NAME______FIRST NAME_____MIDDLE NAME____SSN_________DOB_________GENDER_______

TORRES FRANCISCO NOT AVAIL 1990 NOT AVAIL
# EVENTS(S)
LOCATION TYPE: Residence/Home/Apt./Condo Zone: PT3
LEOMINSTER MA 01453
1 SEC 35
GOVERNMENT
EXHIBIT
8
Leominster Document
Case 1:23-mj-05115-JGD Police Department
12-9 Filed 03/09/23 Page 2 of 2 Page: 1
NARRATIVE FOR PATROL LEONARDO COLON
Ref:
Entered: 09/07/2016 @ 1245 Entry ID: 0181
Modified: 09/07/2016 @ 1305 Modified ID: 0181
Approved: 09/08/2016 @ 0728 Approval ID: 0139
Francisco Torres was taken into custody and transported to the Leominster District on a sec35 from his home
without incident. 0181
LeominsterDocument
Case 1:23-mj-05115-JGD Police 12-10
Department
Filed 03/09/23 Page 1 of 3 Page: 1
Incident #:
Call #:
Date/Time Reported: 09/11/2016 1326

Report Date/Time: 09/11/2016 1844
Status: No Crime Involved
Reporting Officer: Patrol Kyle Mimnaugh

Approving Officer: Lieutenant Charles Doherty
Signature: ______________________________
Signature: ______________________________
1 F W
LEOMINSTER MA

DOB: PLACE OF BIRTH: NOT AVAIL.
LICENSE NUMBER: ETHNICITY: NOT HISPANIC
________________________________________________[APPEARANCE]___________________________________________________
GLASSES WORN: NO

NOT AVAIL NOT AVAIL
2 TORRES, FRANCISCO S M W 26 -7739

784 MAIN ST
LEOMINSTER MA 01453

HEIGHT: 0 WEIGHT: 0 HAIR: NOT AVAIL. EYES: NOT AVAIL.
DOB: /1990 PLACE OF BIRTH: NOT AVAIL.
________________________________________________[APPEARANCE]___________________________________________________
GLASSES WORN: NO
GOVERNMENT
EXHIBIT
9
LeominsterDocument
Department
Incident #:
Call #:

TORRES FRANCISCO NOT AVAIL /1990 NOT AVAIL
# EVENTS(S)
LEOMINSTER MA 01453
1 VERBAL DOMESTIC
LeominsterDocument
Department
NARRATIVE FOR PATROL KYLE D MIMNAUGH
Ref:
Entered: 09/11/2016 @ 1903 Entry ID: 0190
On the above date and time while assigned to car 2104 I was dispatched to for a 911 hang
up. Dispatch advised that upon call back all the information was verified and the caller stated she did not need
Police service. Upon arrival I made contact with and Francisco Torres, mother and son. While
speaking with the two advised me that the two had been arguing over Francisco' medical marijuana.
stated that her son has mental issues and has been granted a medical marijuana license from the state.
She stated that the item has become extremely expensive and she is refusing to purchase anymore for him.
This led to an argument between the two, which caused her to call 911.
I asked if she was threatened or in fear for her safety. She stated no, but she felt that she was in a
difficult situation with her sons mental issues. She advised me that she was frustrated and mentally drained. I
urged to reach out to a counselor who could assist her through these issues. I had Francisco leave the
residence for a while so that the two could calm down. I issued a rights form and +urged her to call if
she needed an further assistance.
Ofc. Mimnaugh
LeominsterDocument
Department
Arrest Report 03/08/2023
Arrest #:
Call #:
Date/Time Reported: 10/25/2017 @ 1029

Arrest Date/Time: 10/25/2017 @ 1048
Booking Date/Time: 10/25/2017 @ 1048
Involves: Domestic Violence
OBTN: TLEO201713927
Reporting Officer: Patrol Eric Craig
Booking Officer: Sergeant John Fraher
Approving Officer: Lieutenant Michael Ciccolini
Signature: ______________________________
Released To: Leominster Court

Released: 10/25/2017 @ 1225
Signature: ______________________________
# DEFENDANT(S) SEX RACE AGE SSN PHONE
1 TORRES, FRANCISCO SEVERO M W 27 -7739
LEOMINSTER MA 01453-1922

HEIGHT: 509 WEIGHT: 135 HAIR: BROWN EYES: BROWN
DOB: /1990 PLACE OF BIRTH:
PCF #:
________________________________________________[APPEARANCE]___________________________________________________
GLASSES WORN: NO

TORRES FRANCISCO NOT AVAIL /1990 NOT AVAIL
_______________________________________[FAMILY/EMPLOYMENT INFORMATION]_________________________________________
MARITAL STATUS: SINGLE

FATHER'S NAME:
MOTHER'S NAME:
OCCUPATION: UNEMPLOYED
GOVERNMENT
EXHIBIT
10
LeominsterDocument
Department
Arrest Report 03/08/2023
Arrest #:
Call #:
# DEFENDANT(S) SEX RACE AGE SSN PHONE
___________________________________________[RIGHTS/BOOKING CHECKS]_____________________________________________
RIGHTS ADVISED BY: Acting Captain John Fraher JR DATE/TIME: 10/25/2017 @ 1050
PHONE USED: N
ARRESTEE SECURED: Y 10/25/2017 1053
ARRESTEE CELL #: 1
FINGERPRINTED: N
PHOTOGRAPHED: Y
SUICIDE CHECK: Performed
PERSONS: State&Federal
NCIC VEHICLE CHECK: Not Performed
INJURY OR ILLNESS: N
# OFFENSE(S) ATTEMPTED TYPE
LEOMINSTER MA
1 A&B N Misdemeanor
265/13A/B 265 13A - SIMPLE
OCCURRED: 10/25/2017 1029
WEAPON/FORCED USED: Personal Weapons (Hands/Feet/Etc)
# VICTIM(S) SEX RACE AGE SSN PHONE
1 F * ***********
LEOMINSTER MA
DOB: ******************************
INJURIES: Apparent Minor Injury
ETHNICITY: ********************
RESIDENT STATUS: Resident
VICTIM CONNECTED TO OFFENSE NUMBER(S): 1
# OTHER PROPERTIES PROPERTY # STATUS
1 BOOKING VIDEO CD 17-1483-PR Evidence (Not Nibrs Reportable)

QUANTITY: 1 VALUE:
SERIAL #: NOT AVAIL
DATE: 11/22/2017
LeominsterDocument
Department
NARRATIVE FOR PATROL ERIC M CRAIG
Ref:
Entered: 10/25/2017 @ 1124 Entry ID: 0167
On the above date and time, I was dispatched to . for a report of an "out of control male" at
the residence. According to dispatch, the caller was the male party's mother. While responding to the address,
officers were advised by dispatch that the male party had left the area on foot and that the caller had armed
herself with a hammer in the event that he returned.
Ofc. Proietti arrived in the area first and located the male party identified as Francisco Torres in the area
of Main St. @ Day St. Ofc. Proietti was assisted by Ofc. Salovardos and Sgt. Marois. I then responded
directly to the residence where I made contact with the caller identified as Ms.
Ms. informed me that she resides alone in the house with her adult son Francisco Torres. Ms.
advised that prior to calling police today, she became involved in a verbal argument with Francisco
regarding his excessive use of her Macy's credit card. Ms. advised that Francisco became enraged and
began to yell and scream at her stating that he was going to leave the residence in her vehicle.
According to Ms. , she told Francisco that she was not going to let him use the vehicle in his
agitated state which enraged him further. Ms. advised that she was holding the car keys in her hand and
Francisco attempted to forcefully take them from her by grabbing onto her wrist. Ms. advised that she
was able to pull away from Francisco and he was unable to take the keys.
I asked Ms. if she was injured or required medical attention and she stated no. She informed me
that there had been some redness on the skin around her wrist but the pain had subsided.
Based on the information provided to me, I advised the units speaking with Francisco that he would be
arrestable for the domestic assault and battery on his mother. Mr. Torres was taken into custody and
transported to 29 Church St. where he was booked by OIC Sgt. Fraher.
I remained on scene with Ms. where I read to her the abused person's notice of rights which she
signed and stated she understood. A domestic violence dangerousness worksheet was completed as well.
Ms. advised that her son suffers from mental illness which is currently not being treated and he
takes no prescription medication to manage his condition however he does smoke medical marijuana.
According to Ms. , Francisco will "cycle" and will often have angry outbursts during which he is
verbally abusive. Ms. further stated that Francisco has made threats to have others harm her in the past.
Ms. informed me that prior to today, Francisco has never become physically violent however she does
fear for her safety. Ms. advised that Francisco has made suicidal statements in the past and was
hospitalized as a result. Ms. reported no recent threats of suicide.
I strongly advised Ms. to pursue an order of protection to assist in keeping Francisco away from
the home. Ms. stated that she would consider this option.
At this time, Mr. Francisco Torres has been charged with the following offense:
LeominsterDocument
Department
NARRATIVE FOR PATROL ERIC M CRAIG
Ref:
Entered: 10/25/2017 @ 1124 Entry ID: 0167
1. C.265 S.13A Assault and Battery (domestic)
Nothing further to report at this time.
Ofc. Eric Craig

LeominsterDocument
Department
SUPPLEMENTAL NARRATIVE FOR PATROL ERIC M CRAIG
Ref:
Entered: 10/25/2017 @ 1150 Entry ID: 0167
Statement of Facts
On 10/25/17, a victim known to the Commonwealth stated that her son who resides with her, Francisco
Torres ( /1990) grabbed hold of her wrist while attempting to forcefully take car keys from her at a private
residence in the City of Leominster.
Ofc. Eric Craig

GOVERNMENT
EXHIBIT
11
LeominsterDocument
Department
NARRATIVE FOR PATROL TYLER S LABELL
Ref:
Entered: 07/30/2021 @ 2115 Entry ID: 0233
On the above date and time and time, I was dispatched to for a male who was yelling
homicidal threats out of the window. Dispatch stated we have dealt with the male, later identified as Mr.
Francisco Torres recently for mental health issues.
Upon arrival, I met the mother who had called us. stated that her son
Francisco has been yelling at her and out of the window towards the neighbors. stated that Francisco is
not prescribed medication at this time and does not know what to do. stated she is scared with him in
the house. I went to speak with Francisco. Francisco began yelling and making comments about being in
World War 3. Francisco stated he had an electronic device that gave him super sonic hearing and he could hear
his neighbors talking about him. Francisco was also saying we all are out to get him. Francisco stated that we
work for Gestapo. I allowed Francisco to get out what he wanted to say until he took a break which was about
five minutes later. Once Francisco took a break, I showed concern for the things that bothered him, and began
to just have a normal conversation with him. For a few questions, I was able to obtain normal answers. Then he
would go off on a tangent again and state his mother was just a person who lives with him and looks like him.
Ofc. Crawford and a clinician were on scene and spoke with Francisco. Francisco continued
to say things that did not make sense. After we were on scene talking with Francisco for about a half hour, we
were able to de-escalate the situation. I was able to convince Francisco to go to the Hospital. While walking
out of the house Francisco made a comment towards that she would end up dead or in jail because of
WW3.
Francisco got into the ambulance and went to the Hospital without issue. At the Hospital I filled out a
section 12 for his homicidal comments. Attached to this report is a copy of the section 12.
Nothing Further.
Respectfully Submitted,
Ofc. LaBell
GOVERNMENT
EXHIBIT
12
Case
Case 4:22-cv-40147-LTSDocument
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GOVERNMENT
EXHIBIT
13
LeominsterDocument
Department
NARRATIVE FOR PATROL MATTHEW J DIPERRI
Ref:
Entered: 12/01/2022 @ 0902 Entry ID: 0208
On the above date and time I, Officer DiPerri, was dispatched to for a report of a man
standing outside in his underwear. I asked dispatch if they knew who the male was and they stated that it was
Francisco Torres.
I arrived on scene, and Francisco was indeed standing outside on his walkway, between bushes, in his
underwear. I asked him what he was doing and he stated that he was " protesting climate change" . I asked
him if he wanted to hurt himself or anyone else and he stated that he did not. He was told to go back in the
house. Francisco complied and went back in the house.
Nothing further to report.
Officer DiPerri
GOVERNMENT
EXHIBIT
14
LeominsterDocument
Department
NARRATIVE FOR PATROL MARJUS ZYLYFTARI
Ref:
Entered: 02/25/2023 @ 1949 Entry ID: 0240
On 2/25/23 at approximately 1730 hours, I was dispatched to 1177 Central St. For a report of suspicious event.
Upon arrival, I spoke with who advised me that a white male entered the barber shop and was
making “crazy statements.” stated that this male stated that he wanted to “die tonight at midnight” “he
wanted to get shot by 12 people with an AR 15 two times at point blank.” also stated that this male kept
his hands inside his pockets all the time pretending that he had a weapon of some kind. told me that this
male stated that he was “half angel and half devil.”
stated that he asked this male if he wanted to get a haircut, but the male said no and left the barbershop.
stated that this male left the area in a gray Subaru SUV, but he was unable to get a plate. stated that
the vehicle left the area towards town.
I checked the area for the vehicle, but I was unable to locate it. I have attached the video from the inside of the
barber shop as well as photos of the male party. I have called the landlord of the building in order to retrieve
video footage of the parking lot in order to see any information regarding the vehicle that this male party came
in with.
Under investigation
Officer Zylyftari #240

LeominsterDocument
Department
SUPPLEMENTAL NARRATIVE FOR PATROL MARJUS ZYLYFTARI
Ref:
Entered: 03/06/2023 @ 1655 Entry ID: 0240
I have attempted numerous tries to get video footage from the outside of the building from that is the
owner of the building. I have contacted via this department's recorded line and left voicemails that
have been unanswered. At this point an email with the individual's photo has been sent to all patrols and
dispatch for future attention. No crime has been committed by this individual as of this report.
Respectfully,

LeominsterDocument
Department
SUPPLEMENTAL NARRATIVE FOR PATROL MARJUS ZYLYFTARI
Ref:
Entered: 03/07/2023 @ 2229 Entry ID: 0240
On 03/06/23 I observed on national news that a Leominster man had attempted to stab people in the plane and
attempted to open the emergency exit door while the plane was in midflight. I also saw a video footage that
was on social media where this man stated, “tell them to bring SWAT because they going to have to shoot me
down.” This incident caught my attention because this male matched the facial description of the suspect from
this incident.
Due to the fact that the media made his name public (Francisco Torres) I ran a query for his license plate and
address. I was able to discover that Francisco lived with his mother . I was able to also discover
that had a vehicle registered to her 2012 Subaru Outback (MA PC 4GJF19) that also matched the
vehicle that the witness described Francisco left the area of the barbershop with. At this time, I am adding
Franciscos information into this report for future reference.
Respectfully,

GOVERNMENT
EXHIBIT
15

MOTION For Psychiatric Exam (Competency Evaluation) As To Francisco Severo Torres

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MOTION For Psychiatric Exam (Competency Evaluation) As To Francisco Severo Torres

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Case 1:23-mj-05115-JGD Document 12 Filed 03/09/23 Page 1 of 5

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA )

GOVERNMENT’S MOTION FOR COMPETENCY EVALUATION

a suitable Federal Bureau of Prisons facility to conduct a mental examination to determine

Affidavit in Support of Criminal Complaint, submitted as Exhibit 1 hereto; additional evidence

the defendant’s post-Miranda recorded interview submitted as Exhibit 3 hereto. In short, on

claims to have committed self-harm within the past 40 days.

be detained based on dangerousness under 18 U.S.C. § 3142(f)(1)(B) as well as risk of flight

help restrain the defendant. See Ex. 4.

angel and half devil.” Ex. 14.

LEGAL STANDARD AND ARGUMENT

psychological examination of the defendant. 18 U.S.C. § 4247(b).

Psychiatric or psychological examinations of the defendant ordered pursuant to 18 U.S.C.

other designations within the Bureau of Prisons.

of the defendant under 18 U.S.C. §4241(a) to determine competency.

defendant’s competency. A Federal Medical Center (FMC), staffed by Bureau of Prisons

with the necessary information to make a determination as to the defendant’s competency to

duplication and unnecessary delays.

records of the defendant for purposes of conducting this assessment.

reasonable period of time in order to be evaluated by a licensed or certified psychiatrist or

his defense. A proposed order is attached.

motion or the proposed order.

By: /s/ Elianna J. Nuzum

/s/ Elianna J. Nuzum

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA )

ORDER OF COMMITMENT FOR COMPETENCY EVALUATION

Based on the information provided in the Government’s Motion for Competency

incompetent within the meaning of § 4241(a).

1. Defendant shall be committed to the custody of the Attorney General for

examinations conducted by a licensed or certified psychiatrist or psychologist of that facility,

an extension of time not to exceed thirty (30) days. 18 U.S.C. § 4247(b).

A. Defendant’s history and present symptoms;

C. The examiner’s findings;

D. The examiner’s opinions as to diagnosis, prognosis, and whether defendant is

suffering from a mental disease or defect rendering him mentally incompetent to

the extent he is unable to understand the nature and consequences of the

proceedings against him or to assist properly in his defense.

3. The defendant may be given any necessary medication as deemed appropriate by

the medical staff at the facility.

4. The psychiatrist(s)/psychologist(s) shall have access to any Pretrial Services

Reports completed on the defendant in the instant case.

5. The psychiatrist(s)/psychologist(s) shall be allowed access to all available medical

records on the defendant.

6. When defendant’s examination is concluded and the examining facility deems

him. 18 U.S.C. § 4241(a).

8. The names, addresses and telephone numbers of defendant’s counsel,

government’s counsel, and the Pretrial Services officer are as follows:

to and from the facility(ies) designated by the Bureau of Prisons.

10. Should defendant be prescribed and taking medication at a Bureau of Prisons

be provided to defendant, including while in transit and continuing while he is in custody

awaiting his next court date.

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA )

GOVERNMENT’S EXHIBIT LIST

1. Complaint and Affidavit, 23-MJ-05115-JGD

3. Defendant Recorded Interview

4. Email re: Wyatt Staff Assault

5. Fitchburg Police Department report (April 15, 2015)

6. Fitchburg District Court docket, 1516CR000650

7. Torres Complaint against Worcester Recovery Center, 4:21-cv-40036-TSH

8. Leominster Police Department report (Sep. 7, 2016)

__________________ALIAS LAST NAMEFIRST NAME_MIDDLE NAMESSN___DOB_GENDER___

__________________ALIAS LAST NAMEFIRST NAME_MIDDLE NAMESSN___DOB_GENDER___

__________________ALIAS LAST NAMEFIRST NAME_MIDDLE NAMESSN___DOB_GENDER___

__________________ALIAS LAST NAMEFIRST NAME_MIDDLE NAMESSN___DOB_GENDER___