danelabonte

Although police got to the fire within seven minutes, it is unclear why it took 21 minutes from the first call for the fire engine to reach the fire.

Mr. Benjamin said a firefighter told him that the reason it took that long was that the fire truck was dispatched to the wrong location.

“I remember one of the firemen apologizing to me for being late, telling me they were over by CVS (on Route 20) or something, searching for a fire,” Mr. Benjamin said. CVS is about two miles west of the orchard.

The first tanker, Tanker 2, with two firefighters, arrived 23 minutes after the initial call, according to the call log.

Further delaying the firefighting efforts, the Charlton tanker truck with water to fight the fire malfunctioned shortly after arriving, the assistant chief confirmed at the fire scene that night.

“The tanker had a hose and then they had like a cannon and the water ran for about 20 seconds and then it all went out,” Mr. Benjamin said.

“And my father said, ‘What the hell is going on?’ and he (a firefighter) said, ‘It broke down.’ And then, from that point on, it was 40 minutes before they put water on it.”

From 10:45 to 10:56 p.m., numerous area fire departments were called for their tankers. The arrivals of other tankers are not listed in the call log.

Mr. Benjamin said Fire Capt. Dean M. Babineau told him that the Charlton tanker had broken down and firefighters were ordered to “stand down.”

Firefighters were standing idly by, visibly upset that they weren’t allowed to fight the fire, Mr. Benjamin complained.

“At that point, there were two or three more (fire trucks) behind Charlton’s, and I said, ‘How are we doing on water?’ And they said they’ve been ordered to stand down and we argued, ‘move the trucks,’ ” Mr. Benjamin said.

At that time, the narrow road leading to the orchard was clogged with firetrucks and idle firefighters.

Mr. Benjamin said that when he told Capt. Babineau there was a pond nearby on the orchard property that firefighters could use for water, according to Mr. Benjamin, the captain told him, ‘Nate, I’ve been told I can’t move my trucks and I cannot go to that pond. I will go there if I get an order.’ So you have to see the IC (Incident Commander Meskus). 

Moments later, Police Officer Derek C. Gaylord requested assistance for “unruly parties” at the fire scene.

Members of the Benjamin family had approached Assistant Chief Meskus, who was sitting in his vehicle watching the fire, to plead with him to use water from the pond to fight the fire.

“My mother approached Meskus first and his window was open and she said, ‘The pond, the pond’s over there. Go to the pond.’ And Meskus said, ‘You’re not telling me what to do’ and he rolled up his window,” Mr. Benjamin said. “I didn’t get within 10 feet of his (Mr. Meskus’) command vehicle. That’s when Officer Gaylord twisted my arm behind my back and threatened me with handcuffs.”

Chief Pervier said Officer Gaylord was making sure fire operations were not being interfered with.

Although the action was not listed in the call log, Chief Pervier said tankers took water from a hydrant at Carpentier Plaza at 109 Masonic Home Road and shuttled the water to the winery, also called Obadiah McIntyre Winery. The distance from that hydrant to the winery is 1.7 miles.

However, there is a hydrant closer than that, on Old Worcester Road at Route 20. The closer hydrant is 0.3 mile from the orchard. Better still, Mr. Benjamin said, the pond on his property is 260 to 300 feet from the winery building. 

“There’s a lot of water there. When we used to draw out of it to irrigate the apple orchard we would draw 900 gallons per minute,” Mr. Benjamin said.

Chief Pervier, who wasn’t at the fire scene, said he doesn’t know when the Police Department’s incident report will be released to the Telegram & Gazette because it constitutes “investigatory materials that are exempt from disclosure.” The fire is still under investigation. The cause has been ruled suspicious. 

The Benjamin family also requested public records in connection with the fire from the town. They have not received records for the 29 items they requested, including all incident command communications records and records related to response time and delayed response time, including voice and video recording.

(http://www.telegram.com/article/20151001/NEWS/151009809/3818)

Worcester, MA Police Officer James Powers is still on the force. City officials Friday declined to state the results of the department’s internal investigation or say whether the officer faced discipline.

Ms. Morales alleged in a 2013 lawsuit filed in U.S. District Court that Officer Powers, who was described as a department veteran, insulted her race, beat her “mercilessly” and issued false charges to cover up his misdeeds.

According to her lawsuit, Officer Powers went to her Marble Street apartment three times on Feb. 23, 2013, responding to reports of disturbances. The third time, the suit alleges, Officer Powers “barged in” to her apartment and became “enraged” when he believed he was being lied to about a disturbance.

Officer Powers allegedly arrested a house guest of Ms. Morales in a rough manner when she criticized him for the way he spoke to Ms. Morales. Then, Ms. Morales alleged, Officer Powers turned his ire on the 5-foot, 4-inch, 135-pound grandmother after she uttered the words, “Oh my God, police brutality.”

“I will show you police brutality!” the lawsuit accused Officer Powers of saying before he allegedly “charged at the diminutive (woman), picked her off the ground, and body slammed her with all his might.”

Ms. Morales was charged with resisting arrest, keeping a disorderly house and disturbing the peace. She was not booked at the police station but was instead taken directly to the hospital, where, her lawsuit alleges, she was diagnosed with broken bones, including a broken shoulder.

The injuries required “extensive surgical procedures,” states the lawsuit, which demanded $1 million.

The lawsuit was filed four months after a Central District Court jury found Ms. Morales not guilty of the three charges levied against her.

In a statement of facts filed in court, Officer Power alleged that Ms. Morales prompted the arrest by continually screaming obscenities, and then resisted arrest by falling to the ground, balling herself up and refusing to allow her hands to be cuffed.

Court documents indicated that Ms. Morales’ lawyer argued against the resisting arrest charge by saying that Officer Powers used excessive force.

Included in the court file were several photos of Ms. Morales, including one that showed her with a black eye and another that showed extensive bruising to her arm and right breast.

(http://www.telegram.com/article/20151004/NEWS/151009577)

(http://www.thesunchronicle.com/news/local_news/massachusetts-ranked-top-state-for-teachers-to-work/article_275ff66b-d206-5aa6-ad28-ec630f9273cf.html)