Two homeless men arrested for trespassing onto railroad tracks in Leominster

According to the arresting officer, the men had been warned numerous times to stay off the railroad property, which is owned by CSX Corporation.

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LEOMINSTER — On Thursday, Oct. 27, at about 2:26 p.m., Officer Carlos Cintron of the Leominster Police Department saw two homeless men on the railroad tracks between Water and Mechanic streets.

According to Officer Cintron, the men, Michael Palvio, 32, and Timothy Smart, 50, had already been warned not to trespass on the railroad property, which is owned by CSK Corporation.

“[…] they had both been warned numerous times, that there is no trespassing on the railroad property,” wrote Officer Cintron in his Narrative for the incident.

Officer Cintron added that Smart “was actually served a letter from CSX on July 11, 2022,” for a prior trespassing incident.

They were both charged with walk/ride on railroad track (trespassing).

Palvio was arraigned in Leominster District Court later that day. He is scheduled to appear in court for a pretrial hearing on Nov. 17.

Smart was arraigned on Oct. 27. He is scheduled to appear in Leominster District Court for a pretrial hearing on Nov. 9.

Smart’s bail was set at $500 cash.

Palvio’s bail was not listed in the documentation obtained by News Link Live.