SHIRLEY — While working an overtime patrol shift at around 1:34 p.m. on Sunday, August 21, Detective Matthew Euliano of the Shirley Police Department was sitting in a cruiser in the parking lot of the old Net gas station when he saw a vehicle leave a sketchy area of Davis Street.
“I observed a black Chevy Cobalt back out of 4 Davis Street (known drug area), drive down Davis Street to Center Road, then onto Main Street,” wrote Det. Euliano in his Narrative for the incident. “I followed the vehicle onto Leominster Road (public way) and observed the vehicle had a left brake light out when the vehicle applied the brakes. I activated my emergency lights and initiated a motor vehicle stop on Leominster Road.”
Det. Euliano told the driver – who was later identified as 33-year-old Julio Sanchez Jr. – the reason for the stop and then noticed that Sanchez’s passenger, later identified as Brian Spencer, 45, didn’t have his seatbelt on. When asked, he didn’t have an ID either.
“Mr. Spencer appeared disheveled and had pin pointed pupils,” wrote Officer Euliano in his Narrative. “I asked what his address was and he said he is homeless but receives mail at 56 Wallace Avenue, Fitchburg, MA. I observed several clear, empty sandwich baggies on the floor underneath his feet. I asked if there were any drugs in them or in the car, they both stated ‘no.’”
According to the Application for Criminal Complaint Shirley police submitted to Ayer District Court, Spencer’s residence is listed as an apartment located at 21 Oakland Street in Fitchburg. In addition, according to the Arrest Report for the incident, Spencer is a 45-year-old student at the Caldwell Alternative School, which serves 7-12 graders in Fitchburg.
According to his Narrative, Det. Euliano returned to his cruiser, where he ran Sanchez’s BOP (Board of Probation) record, and found an open drug charge from June of this year. He then called dispatch to check into Spencer’s background. According to dispatch, this year, Spencer was charged with Possession of a Class E Substance. In addition, from 2010 – 2021, Spencer was found guilty for Possession of a Class B Substance three times. According to Massachusetts Law, Class E Substances are narcotics, which include codeine, dihydrocodeine, ethyl morphine, opium, etc. Class B Substances include cocaine, ecstasy, methamphetamines, and LSD. For more on how the Commonwealth defines different classes of drugs, view General Laws Part I, Title XV, Chapter 94C, Section 31.
After running the background checks, Officer Dario Manon arrived on scene to assist Det. Euliano, who then asked to search the vehicle.
“I asked Mr. Sanchez if I could search the vehicle, he said we absolutely could,” wrote Det. Euliano in his Narrative. “I asked for consent to search him as well, he stated he’s not a dealer and that he’s just a crack head and doesn’t have anything on him. Officer Manon searched him and found nothing. I had Mr. Spencer step out of the vehicle and asked for consent to search him, he stated we could and Officer Manon searched him. Mr. Spencer had a small corner baggie tied in a knot with 1.5 pills of what he stated was Suboxone. These appeared to be buprenorphine from my training and experience.”
Det. Euliano added that Spencer also had a couple needles, a spoon, lighter and a push rod.
“Mr. Spencer says he shoots cocaine into his arm,” wrote Det. Euliano in his Narrative.
“Mr. Spencer also had a crack pipe on the seat where he was sitting. I asked him if he smokes crack and he stated he does. Mr. Spencer said he doesn’t have a prescription for Suboxone. I placed him under arrest for Possession Class B, Subsequent Offense.”
The driver, Sanchez, was given a warning for a lights violation and sent on his way.
According to Det. Euliano’s Narrative, after he transported Spencer to the Shirley Police Department for booking, he found additional Suboxone strips on Spencer.
According to Shirley Police Department’s Arrest Report for the incident, Spencer had 13 Suboxone strips in his possession, which were valued at $120, the 1.5 pills of buprenorphine were worth $5, as were the needles, crack pipe, push rod and spoon.
Spencer’s bail for court was set at $340.
After booking, he was released to the Middlesex House of Corrections.
Spencer was arraigned in Ayer District Court on Aug. 22, after which he was released on his own personal recognizance. The terms of his release were not to use drugs. He is also subject to random drug screenings.
Spencer is scheduled to appear in court again on Oct. 13 for a pretrial hearing.