Athol man knocks vape pen out of McDonald’s worker hand because he has kids, gets arrested for refusing to leave until he smokes a cigarette

ATHOL — On Saturday, Dec. 2, 2023, at 8:33 p.m., Officer Steve Adams, Sergeant Randal Stange, and Officer Paul Forand of the Athol Police Department were dispatched to the McDonald’s located at 100 Brookside Road following a report of an unwanted individual in the establishment.

(The account and quotations in this article were taken from the printed Personnel Narrative of Officer Adams.)

Officer Adams said that when police arrived, they found several employees outside the restaurant. The employees explained that a co-worker had been using a vape pen outside when a customer walked up to him, grabbed the pen out of his hand, and smashed it on the ground.

While the officers were speaking with the employees, a manager came out and informed them that the disruptive man was still inside the establishment, causing problems with the staff.

Officer Adams and Sgt. Stage entered the McDonald’s and observed a man at the counter, yelling and swearing at the staff.

“I immediately identified the male party as Mr. Timothy Jaillet from prior law enforcement interactions,” Officer Adams said.

Jaillet, 33, is a resident of 115 South Athol Road in Athol.

Timothy Jaillet's mugshot
Timothy Jaillet’s mugshot

Officer Adams told Tim to calm down and step outside with him for a discussion. Tim complied with the officer’s request.

“Once outside, Tim stated he had come to McDonald’s with his wife and kids and when he got out of the car to go inside, he noticed an employee smoking a marijuana vape pen right in front of the entrance,” Officer Adams said.

Jaillet said this made him extremely upset so he decided to walk up to the employee, yell at him for smoking a marijuana vape pen, take the pen from his hand, and smash it on the ground, breaking it.

While speaking with Jaillet, Officer Adams noticed signs of heavy intoxication including slurred speech, red/glossy eyes, unsteady movement, and a strong smell of alcohol on his breath that intensified as he spoke. Tim admitted to Officer Adams that he had consumed approximately 14 alcoholic nips before coming to McDonald’s.

After his conversation with Jaillet, Officer Adams went back inside to talk to McDonald’s dishwasher, the individual whose vape pen was reportedly knocked out of his hand.

According to Officer Adams, when he asked the dishwasher what happened he provided a statement similar to Jaillet’s account.

The dishwasher estimated the vape pen’s cost at around $11 and, when asked if he wanted to press charges for his loss, expressed no desire to go to court or go through with the process of having Jaillet charged. Officer Adams then gave the manager Jaillet’s information to have him trespassed from the property.

Once he finished speaking with the dishwasher, Officer Adams stepped outside to notify Jaillet that he was being trespassed from the establishment, and that the dishwasher had decided not to press charges against him. Officer Adams concluded by informing Jaillet that he was free to leave as soon as his wife arrived to pick him up.

Jaillet told the officer he would leave right after he smoked a cigarette. Officer Adams informed him that he was no longer permitted on the property and could smoke his cigarette once he was off the premises.

“At this time, Tim stated if he sees [the dishwasher] again outside of McDonald’s he is going to punch him in the face,” Officer Adams recounted.

Officer Adams instructed Jaillet to immediately leave the property, noting that his wife had arrived and was ready to drive him home. Despite the officer’s instructions, Jaillet remained adamant about not leaving unless he could first smoke a cigarette.

“Tim stated he was not going to leave after being verbally trespassed from the property and told me to arrest him because he was not going anywhere unless he smoked a cigarette,” Officer Adams said. “I asked him multiple times if he was refusing to leave the property in which he did not respond and just kept his hands behind his back in a manner as if he wanted to be arrested.”

At this point, Officer Adams informed Jaillet that he was being placed under arrest.

Jaillet was charged with trespassing after notice and disorderly conduct (“for his agitated/tumultuous behavior, threatening to punch [the dishwasher] in the face, and creating a physically offense condition for his actions that served no legitimate purpose,” Officer Adams explained).

Jaillet’s bail was set at $40. He was arraigned in Orange District Court on Dec. 4, 2023. During his arraignment, he was found responsible – rather than guilty – for both charges (because both charges have been decriminalized) and the case was filed.

Disclaimer: If you are wondering why the incident in this story was from December, 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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