From pepper spray to pit bull, suspect gives police all they can handle
By ROB MARGETTA
Standard-Times staff writer
NEW BEDFORD — A New Bedford man who showed "unusual strength and resistance to pain" tried to grab an officer's handgun and succeeded in seizing his baton during a confrontation early yesterday morning.
In New Bedford District Court documents, Officer Joshua Gerard reported that he and Officer Tyson Barnes were driving on Hawthorn Street when they spotted Christopher P. Hayes, 30, who had an active warrant out for his arrest.
The policemen asked Mr. Barnes where he was going and he replied that he was headed for his home at 30 Hawthorn St.
When the officers got out of their car, Mr. Hayes "threw his water bottle down, ripped his jacket and backpack off and started to run away from us, grabbing at his waist as if he were reaching to draw a weapon," Officer Gerard wrote.
The officers chased Mr. Hayes to an area near his home, where the suspect assumed a fighting stance, Officer Gerard wrote. They used pepper spray, but it seemed to have no effect and Officer Barnes had to force Mr. Hayes to the ground.
Mr. Hayes kicked wildly at the officers and lunged for the holster on Officer Gerard's belt. The officer blocked him, then drew his baton and struck Mr. Hayes in the leg.
"(Mr. Hayes) displayed unusual strength and resistance to pain, indicating to us that he may be under the influence of narcotics," Officer Gerard wrote.
Mr. Hayes grabbed the baton away from Officer Gerard, striking him in the shin and the back of his right hand before Officer Barnes knocked the weapon away by hitting Mr. Hayes with his own baton.
While Officer Gerard was retrieving his baton, Mr. Hayes began punching Officer Barnes. Officer Gerard wrote that he struck the suspect in the shoulder and the elbow with his baton and inadvertently hit him in the head.
When the officers tried to cuff Mr. Hayes, he struggled free and ran to his home, banging on the doors and yelling for people to let him in. The police pepper-sprayed him again to no avail, Officer Gerard wrote.
One of the doors opened, allowing Mr. Hayes to enter. When Officer Gerard tried to follow, Mr. Hayes' girlfriend, Grace Bergeron, 37, slammed the door on his arm.
Officer Barnes kicked the door in, but when he ran up a flight of stairs after Mr. Hayes, he was confronted by a large pit bull baring its teeth. The officer drew his gun, ordering that the dog be put away. Ms. Bergeron complied and was arrested.
When backup units arrived at the house, they began searching it, first finding a man unrelated to the case hiding under a set of stairs in the basement, then finding Mr. Hayes, who had barricaded himself in the attic. As they went through the home, they saw drugs in plain view, Officer Gerard wrote.
The police special reaction team removed the suspect from the attic without further incident.
At his arraignment yesterday, Mr. Hayes was charged with assault and battery on a police officer, assault and battery with a dangerous weapon, unlawful possession of cocaine, two counts of possession of a hypodermic needle and resisting arrest with a weapon.
Judge Daniel Turcotte set Mr. Hayes' bail at $10,000 cash, noting in court documents that the defendant has 10 pending cases against him and a six-page long criminal record. The pending cases include unarmed robbery, reckless operation, failure to stop for police, distribution of Class A drugs and delivery of drugs to a prisoner.
Ms. Bergeron was charged with assault and battery on a police officer, assault and battery with a dangerous weapon, possession of cocaine and outstanding warrant charges.
Contact Rob Margetta at rmargetta@s-t.com
Date of Publication: April 11, 2006 on Page A04
Posted by: Andy0921
Glad to here all the officer are ok.
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