22 Oct 2015

NH man pepper sprayed, tased, and arrested for resisting arrest, all for sitting in a car on a public street. Police decided "the man was not in the area for legitimate purposes".

A Hampton Falls man, sitting in a parked car on Merrimack Street, was pepper sprayed, zapped with a stun gun and ultimately handcuffed in an incident that began with a patrol officer deciding the man was not in the area for legitimate purposes.

Lt. Brian O’Keefe, asked why it would be illegal to sit in a car parked on a public street, said what factors into the case is that it is a high crime area and a "predictive hot spot" and the behavior and mannerisms of the individual involved.

The arrest of Connor Deleire, 18, of Hampton Falls, came about after patrol officer Derek Cataldo saw a 2000 Honda Accord parked at 5:35 p.m. on Merrimack Street, in the area of Union and Merrimack streets, a “predictive hot spot.”

Deleire was sitting in the driver’s seat. Cataldo drove by the car and then circled the block to get a better look and determine if Deleire was there for legitimate purposes, according to a news release sent out by O’Keefe.

After several minutes, Cataldo approached the car and began talking with Deleire, who police said was physically shaking.

He gave the officer his identification and “attempted to provide a legitimate reason for being in the area,” O’Keefe wrote. Cataldo felt he was there for no legitimate purposes and asked him to step out of the car. When Deleire did, Cataldo noticed a holstered Beretta 9mm. Cataldo took it, placed it inside the car and continued speaking with Deleire.

Deleire, police said, grew agitated and stated he was not agreeing to his person or property being searched.

Cataldo told him he was conducting a pat down search to ensure the safety of himself and another officer who arrived on the scene.

Police said Cataldo then felt what he believed to be a gun magazine in Deleire’s front left pocket. Deleire pulled away and shoved his hand into his pocket, prompting the officer to “forcefully” pull his hand out of it.

When he did, Deleire was holding several items including a fully loaded gun magazine.

Deleire, police said, was agitated and, after dropping the gun magazine and other items on the roof of his Honda, began thrashing back and forth.

Cataldo told him he was under arrest for resisting arrest/detention and police said Deleire began fighting with him and another officer.

More police arrived to “help subdue the combative man,” O’Keefe wrote in the news release. The four officers needed to use pepper spray and a Taser to handcuff the combative man, who was forced to the ground before being handcuffed. He was then taken to the police station and booked.


- See more at: http://www.unionleader.com/Police-say-man-charged-with-resisting-arrest-was-first-observed-in-a-car-in-a-predictive-hot-spot#sthash.qKKtzs0k.dpuf

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