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FITCHBURG — On the evening of Wednesday, May 25, Lunenburg resident Derek Roy, 38, was drinking at the Mill City Pub.
While at the bar, he decided to take his poison of choice outside, which was against the rules.
When the pub’s owner, Joshua Champagne, told Roy that he wasn’t allowed to drink outside, instead of returning to the bar as requested, Roy began arguing with Champagne until Champagne kicked him out.
According to the personnel narrative for Fitchburg Police Officer Angelo Ramos, Roy eventually returned to the pub to pay his tab. He was allegedly argumentative and intoxicated while doing so, and once again, Roy and Champagne ended up arguing outside of the bar.
The situation escalated when Champagne told Roy to leave for the second time.
“Champagne told Roy that he did not need to pay the tab, but needed to leave the premises. Roy did not like this and while arguing with Champagne, brandished his firearm,” wrote Officer Ramos. Later adding, “Roy brandished his firearm to Champagne while saying ‘you don’t want these problems’ (referring to the firearm).”
Shortly before Roy left, Champagne snapped a picture of the license plate on his truck. Champagne then called the police. He made the call at around 1 a.m.
While police began their search, dispatch got the license plate number, and notified the officers that the vehicle was a 2011 grey GMC Sierra owned by Derek Roy who did not have a license to carry a firearm.
According to Officer Ramos, a few moments later, Sergeant Michael Lopez spotted the vehicle on Water Street. Police followed Roy down Albee Street and conducted a felony stop on Newton Street.
Officer Ramos drew his gun as he approached Roy’s GMC Sierra. Ramos then told Roy to turn his vehicle off and put his hands on the ceiling, which he did.
Sergeant Lopez then told Roy to “prone out on the floor” so he could be handcuffed, detained and searched.
“While searching Roy, he spontaneously uttered that he had ‘nothing on him’ and that ‘the firearm was on the seat of the vehicle,’” wrote Officer Ramos in his personnel narrative for the incident.
Officer Ramos looked in the car and saw a Ruger LCP pistol on one of the seats. Upon further investigation, it was discovered that the pistol was fully loaded.
In addition to the pistol, police found three 380 rounds. According to Officer Ramos, one of the 380 rounds was in the inside driver door compartment. There were also two shotgun shells, one red, the other black, in the middle console of Roy’s truck.
The following items were also found in Roy’s truck: a large knife, flashlight, various tools, books, miscellaneous objects, $122 cash, Roy’s cellphone and wallet.
Roy was arrested and charged with Assault with a Dangerous Weapon, Carrying a Firearm without a License, and Carrying a Loaded Firearm without a License.
Following his arrest, police returned the cellphone, cash and wallet to Roy. The pistol and loose rounds, were stored as evidence at the Fitchburg Police Department.
A background check was conducted on the pistol’s serial number. According to the pistol’s records summary, it was not reported as stolen, nor was it reported to belong to anyone in Massachusetts.
Roy was held without bail at the Worcester County House of Corrections until his arraignment on May 25 at Fitchburg District Court.
Following his dangerousness hearing on May 27, Judge Christopher LoConto released Roy under the following conditions, that he not contact Champagne, wear a SCRAM alcohol monitor, and remain alcohol free. He is also required to have drug tests (with the exception of marijuana) before each court appearance.
Roy is scheduled to appear in court again on July 27 for a pretrial hearing.
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