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AYER – On Friday, Jan. 22, at about 12:59 p.m., Officer Timothy Ialeggio of the Ayer Police Department was on uniformed patrol when he observed a black Honda Civic without a front license plate heading southbound on Main Street.
According to Officer Ialeggio’s Narrative for the incident, he followed the vehicle onto Park Street and pulled it over in the parking lot of Verona Pizza. Officer Brent Davis arrived on scene minutes later.
Officer Ialeggio obtained the driver’s license of the operator of the vehicle and identified him as Benjamin Rosado, 25, of Leominster.
“Benjamin stated his license was expired,” wrote Officer Ialeggio in his Narrative. “I asked Benjamin if the vehicle was his. Benjamin stated no and stated it was his ‘girlfriend’s’ pointing to the female in the front passenger seat.” Rosado added that he had been dating the passenger for six months.
Police identified the passenger of the vehicle as Samantha Conway, a 22-year-old resident of Shirley. According to Officer Ialeggio, a query of Rosado indicated that his driver’s license was expired. An additional query determined that the license plate on the back of the Honda Civic wasn’t meant for that vehicle. The license plate was for a red Honda Ridgeline pickup truck with a cancelled registration.
“Both occupants were advised the vehicle was not able to be driven from the scene and would be towed,” wrote Officer Ialeggio in his Narrative. “Benjamin and Samantha gathered two back packs and some additional items and exited the vehicle.”
Before Rosado left the vehicle, Office Ialeggio ran a background check on him and found the following on his record:
- Possession of firearm without permit 4/2/21 (open case)
- Firearm violation, carry without a license 4/22/19. Guilty finding 5/21/19
- Possession of firearm without permit 10/6/15. Guilty finding 12/22/15
- Possession of firearm without permit 8/14/15 (disposition was not specified in Ialeggio’s Narrative)
According to a report from the Ayer Police Department, Rosado is a “career criminal” and affiliate of the Trigger Mob Gang.
Due to the aforementioned charges, Officer Ialeggio asked Rosado if he was in possession of a firearm when he exited the vehicle. Rosado said he didn’t have a gun on him.
“I asked Benjamin if I could pat him down to dispel any suspicion,” wrote Officer Ialeggio in his Narrative. “Benjamin stated yes and pulled up his sweatshirt to show me his waistline. I did pat down Benjamin and did not find any weapons on his person. Benjamin and Samantha then headed for the entrance of Verona Pizza, each carrying one backpack, both of which were zippered shut.”
Officer Ialeggio continued: “Officer Davis and I began the motor vehicle inventory per department policy. As soon as I opened the driver side door, I observed a corner baggie with brown powdery residue stuffed down on the left side of the seat next to the bottom of the driver door opening (this item was seized, photographed and entered as evidence). I also observed small burnt pieces of foil in the driver side door pocket. Based on my training, knowledge and experience, I immediately recognized this baggie as packaging for illegal narcotics. With this corner bag in my possession, I determined it was probable Benjamin and Samantha were in possession of illegal narcotics.”
Officer Ialeggio said he immediately entered Veronica Pizza and asked Conway where Rosado was. Conway said he “needed to go to the bathroom.”
Officer Ialeggio walked over to the men’s bathroom. From behind the closed door, he heard the “thud of a hard object hit the bottom of a trash can.”
When the officer first attempted to open the bathroom door, Rosado tried to close it on him.
“I opened the door and observed Benjamin standing in front of the bathroom trash can,” wrote Officer Ialeggio in his Narrative. “The trash can rim which holds the bag in place was removed and on the floor. There were paper tissues on the floor around the trash can and the trash bag itself was partially removed. Benjamin was frantically trying to put everything back into the can.”
According to Officer Ialeggio, it looked like Rosado had rummaged through his backpack because the main pocket was unzipped, a sweater was partially hanging out of it, and it was slung over his shoulder in such a way that he could easily access it.
Officer Ialeggio asked Rosado what he was doing. Rosado began picking up tissues on the floor around the trash can and then told the officer that he felt like he was going to throw up and he tried to close the door on him because he “needed a second.”
“I told Benjamin if he needed to throw up to use the toilet which was less than five feet from where he was standing and had clear water in it,” wrote Officer Ialeggio in his Narrative. “Benjamin then started dry heaving, however, he never threw up and stopped shortly afterwards. I explained to Benjamin that he was not free to leave at the moment as new information had come to light. I showed Benjamin the corner bag which was located right next to where he was seated and explained it was indicative of narcotic activity.”
Officer Ialeggio told Rosado to step away from the trash can and asked him if he knew what the baggie was. Benjamin allegedly said “yes.”
Officer Ialeggio handcuffed Rosado and advised him he was being detained for suspected narcotics possession. Officer Davis then took possession of Rosado while Ialeggio went to search the trash can.
After Officer Ialeggio removed the trash bag he observed a loaded silver handgun at the bottom of the can and told Officer Davis, who then informed Rosado that he was under arrest for possession of a loaded firearm.
Rosado denied ever having the gun, saying “what are you talking about?” and “it’s not mine.” Rosado was searched for additional weapons and placed in the back of a cruiser 37.
“Moments after Benjamin was arrested, Samantha approached Officer Davis and advised him ‘it’s mine,’” wrote Officer Ialeggio in his Narrative. “Officer Davis then asked, ‘are you sure?’ Samantha stated, ‘yes’ and that she got the gun from ‘a friend.’ Samantha has no criminal history aside from minor motor vehicle charges. Samantha was taken into custody, searched for weapons and placed in the back of cruiser 33.”
Neither Rosado nor Conway had a valid license to carry a firearm.
Conway was charged with carrying a loaded firearm without a license and possession of ammunition. After she was booked at the police station, Conway as transported to Ayer District Court for her arraignment.
Rosado was charged with firearms violation with two prior violent/drug charges, carrying a loaded firearm without a license 3rd offense, possession of ammunition, warrant arrest, unlicensed operation of a vehicle, number plate violation and unregistered motor vehicle.
Rosado was held without bail because the probation warrant Worcester Superior Court issued for his arrest specified not to bail him. A Jenkins Hearing was held with Ayer’s Clerk Magistrate Damien Riddle, who found probable cause to hold Rosado over the weekend until his arraignment Monday morning.
According to Mass.gov, a Jenkins Hearing is: “A hearing which must be held within twenty-four hours after a person is arrested without a warrant to determine whether that person will be released on bail or personal recognizance. If the arrestee is to be held solely because of the arrest and not because of any other outstanding warrant or other case, there must be a finding of probable cause to hold him or her.”
At about 6:10 p.m. that evening, Rosado’s fiancé reported to the Ayer Police Station to pick up several of Rosado’s personal items.
Following his arraignment on Jan. 23, Rosado was released on $15,000 cash bail with the potential of bail revocation under the condition that he obtain no “dangerous weapons” and stay away from Conway.
On February 23, Rosado is scheduled to appear in Ayer District Court again for a pretrial conference.
Following her arraignment, Conway was released on her own personal recognizance under the condition that she obey all laws/court orders; notify probation of any address change, make no false statements, possess no firearms, rifles, shotguns or destructive devices, maintain a curfew of 10 p.m. – 10 a.m., and stay at her listed address.
Conway is scheduled to appear in Ayer District Court again on March 10 for a pretrial hearing.
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Disclaimer 2: If you are wondering why the incident in this story was from January, that’s because I had to file FOIA request(s) to get the court documents for the incident. FOIAs are time consuming.
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