Leominster man charged with trespassing at AL Prime and Niki’s Liquors at least seven times over the summer sentenced to jail

LEOMINSTER — On Monday, June 24, 2024, Officer Jonathan Ramos of the Leominster Police Department was dispatched to the AL Prime Energy gas station at 539 North Main Street following a report of suspicious activity.

“Dispatch reported that an individual who had previously been trespassed was on the property,” Officer Ramos said. “Prior to my arrival, the caller informed dispatch that the individual was now at Wendy’s.”

(The account and quotations in this article were sourced from the printed Personnel Narratives of the officers quoted and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)

Officer Ramos arrived on scene and spoke with AL Prime’s store clerk who said that a man – later identified as John Martello – was on the property bothering customers.

According to police, John P. Martello, 60, is a resident of 482 North Main Street, Leominster, MA.

The store clerk told Officer Ramos that a customer reported Martello had approached him at the gas station, saying he was “going blind” and that he was “not a scumbag.”

“[The store clerk] then stated that Mr. Martello comes into the store with a large wad of twenty-dollar bills,” Officer Ramos said. “Mr. Martello will ask [the store clerk] to ‘break’ them and state that they are not fake. [The store clerk] also stated that while he was outside, Mr. Martello yelled at him while standing on the property of Niki’s Liquors. [The store clerk] instructed Mr. Martello to stay off the property, and then he apologized to the customer. The customer was no longer on scene; therefore, I was unable to interview him. I then asked [the store clerk] where Mr. Martello was now.”

The clerk said that he last saw Martello at Wendy’s.

“I then observed a white male with a gray beard standing on Wendy’s property across the street,” Officer Ramos said. “I asked [the store clerk] if that was the trespassed individual. [The store clerk] stated that he was certain that was the trespassed individual. This individual was Mr. Martello.”

Officer Ramos then walked across the street and spoke with Martello.

“I asked Mr. Martello if he was on the property of AL Prime,” Officer Ramos said. “He stated that he was just walking by. I asked him again if he walked on the property. Mr. Martello stated that he was on the property. I asked Mr. Martello if he had been trespassed from the property. Mr. Martello, after some time, stated yes. I informed Mr. Martello that he would be charged for this incident.”

Officer Ramos said that while he was at Wendy’s the manager came out and stated that he would also like Martello to be trespassed.

“[Wendy’s manager] requested Mr. Martello be trespassed for 30 days,” Officer Ramos said. “Mr. Martello then walked away without any issue. I finished speaking with [the manager] and cleared the call shortly after. Currently, I am requesting a hearing regarding this incident as Mr. Martello was in violation of MGL 266/120, trespassing.”

According to police, Martello had been trespassed from AL Prime on May 4, 2024.

Incident on June 27, 2024

On June 27, 2024, at approximately 4:52 p.m., Officer Renzo Vasconcelos and Sergeant Mao of the Leominster Police Department were dispatched to the AL Prime gas station located at 527 North Main Street following a report that Martello had been trespassing after notice and harassing customers.

“Upon arrival, I activated my body-worn camera and spoke with John while he was at Taco Johns,” Officer Vasconcelos said. “I asked John what he was doing at AL Prime and he said he was asking some lady for money because he wanted to get coffee. I asked John if he was on the property or on the sidewalk. John said he was within the property lines of AL Prime. I asked John if he knows what happens if he trespasses after notice and he said no. I told John he would be placed under arrest. John understood.”

Officer Vasconcelos said he told Martello that if he goes back to AL Prime he will be arrested.

“John understood,” Officer Vasconcelos said. “I told John I would be requesting a hearing for him trespassing at AL Prime and told him he would receive a letter indicating where and when to go. John understood.”

Officer Vasconcelos requested a hearing for Martello for trespassing for entering the property of the AL Prime gas station at 527 North Main Street after he had previously been trespassed from the location.

Incident on June 29, 2024

On Saturday, June 29, 2024, at about 5:50 p.m., Officer Ramos was dispatched to the AL Prime gas station located at 527 North Main Street regarding a trespassing incident.

Officer Ramos arrived on scene and spoke with the store clerk who said that a customer came inside the store to inform him that “there was a bothersome individual outside.”

“The customer left prior to my arrival,” Officer Ramos said. [The store clerk] stated that the individual’s name was John and stated he was wearing similar attire to the day before. [The store clerk] also stated that John had a shaved head and beard. It should be noted that I observed John Martello walking on North Main Street yesterday wearing a long-sleeved blue shirt. [The store clerk], after getting this information from the customer, went outside to confront Mr. Martello. [The store clerk] tried to speak to Mr. Martello, but Mr. Martello ignored him and walked off the property. [The store clerk] then called the police department to report the incident. I was able to confirm with [the store clerk] that Mr. Martello was in fact on the property. [The store clerk] stated that he was near the gas pumps. I advised [the store clerk] to continue to call the police regarding Mr. Martello’s trespassing. I finished speaking with [the store clerk] and looked for Mr. Martello in the area to speak with him. I observed Mr. Martello in the parking lot of Niki’s Liquors, which is adjacent to AL Prime. Mr. Martello was still wearing the same long-sleeved blue shirt as the day prior. Mr. Martello also had a shaved head and a beard. I informed Mr. Martello, with my body-worn camera activated, that he would be charged for violating MGL 266/120 Trespassing. I then finished speaking with Mr. Martello and cleared the call without issue. Given [the store clerk’s] statements, Mr. Martello having no right to be on the property, and my recent and numerous interactions with Mr. Martello, I am requesting a hearing for this incident.”

Incident on July 4, 2024

On Thursday, July 4, 2024, Officer Jonathan Ramos of the Leominster Police Department was dispatched to the AL Prime on 527 North Main Street following a report of trespassing.

While he was driving to AL Prime, Officer Ramos was advised by dispatch that the individual who had allegedly trespassed at the property was Martello.

“I arrived on scene and spoke to [the store clerk] with my body-worn camera activated,” Officer Ramos said.

The store clerk told Officer Ramos that prior to his arrival he had received two complaints from customers about Martello.

“[The store clerk] stated that after he called the Leominster Police Department, a third customer came in to complain about Mr. Martello,” Officer Ramos said. “[The store clerk] stated that the first customer reported Mr. Martello shaking (possibly enraged) after the customer offered to buy him food instead of giving him money. The second customer reported that Mr. Martello was acting ‘weird.’ The third customer told Mr. Martello to go away, as he felt as though his approach was intrusive. [The store clerk] then stated that Mr. Martello observed him in the window and left the property quickly. I asked [the store clerk] where Mr. Martello was on the property.”

The store clerk said that Martello was standing near gas pumps numbered 7, 5, and 3. Officer Ramos then went outside and found Martello sitting on Niki’s Liquors’s property, which is adjacent to AL Prime.

“I informed Mr. Martello that, due to the clerk’s report, he would be charged with trespassing,” Officer Ramos said. “Mr. Martello denied being on the property. I then walked away from Mr. Martello and left the area. It should be noted that I have had numerous interactions with Mr. Martello regarding similar behavior. Mr. Martello also does not have a right to be on the property, as he is trespassed from it indefinitely. At this time, I am requesting a hearing regarding this incident, as I formed probable cause to believe that Mr. Martello was in violation of MGL 266/120 trespassing.”

First Incident on July 11, 2024

On Thursday, July 11, 2024, at approximately 4:07 p.m., Officer Mackenson Adescar of the Leominster Police Department was dispatched to AL Prime on 527 North Main Street following a report of an unwanted guest.

“Dispatch described the unwanted male as an older white male wearing a red shirt and black pants,” Officer Adescar said. “Upon arriving in the area, I noticed a white male who matched the description walking in front of Niki’s Liquors at 531 North Main Street. The white male was later identified as John Martello. Upon questioning, John stated he went to AL Prime because he was thirsty and needed to buy something to drink. Dispatch then informed me over the radio that John was trespassed from 527 North Main Street (AL Prime Energy) on 05/04/2024 and was told he was not allowed in AL Prime. I asked John if he knew he was trespassing from the store, to which he said yes. I advised John not to return to the store and that he would be arrested if he returned. I then went into AL Prime and spoke with the reporting party, later identified as [name redacted] (employee). [The employee] stated that John walked into the store but refused to leave when asked. [The employee] showed me a video of John walking into the store. Note that John had already left the store when I arrived. I am requesting a hearing for John for violating his trespass notice.”

Second Incident on July 11, 2024

On Thursday, July 11, 2024, at approximately 9:49 p.m., Officer Mackenson Adescar of the Leominster Police Department was dispatched to AL Prime, 527 North Main Street, following a report of an unwanted guest.

“Dispatch informed me that John Martello was at AL Prime asking customers for money,” Officer Adescar said. “I arrived with my body camera activated but did not find John at AL Prime. Officer [Brandon]  Carlson searched the area but was unable to locate him. A few hours earlier, I had dealt with John in the same location for a similar incident. During that encounter, John was told he was not allowed in the store as he was trespassing [he had initially been trespassed from the gas station on 05/04/2024]. In my earlier interaction with him that day, John was also warned not to return to AL Prime.”

Officer Adescar spoke with an AL Prime employee who reported that Martello had been approaching customers in the parking lot, asking for money and “making them uncomfortable.” “As a result, the customers were coming inside the store to avoid him,” Officer Adescar noted.

Officer Adescar requested a hearing for Martello for violating the trespass notice.

Incident on August 8, 2024

On Thursday, August 8, 2024, at approximately 7:02 p.m., Officer Shane Crawford of the Leominster Police Department was parked near Taco John’s on North Main Street monitoring traffic when he observed Martello cross North Main Street and enter the property of AL Prime gas station.

“I noticed an individual known to me as Mr. John Martello through previous police interactions,” Officer Crawford explained. “Mr. Martello has been trespassed from numerous businesses in this area, however, continues to go to those businesses despite being trespassed from them. I observed Mr. Martello cross North Main Street and enter the property of AL Prime Gas Station, which I know Mr. Martello to be trespassed from. I observed Mr. Martello walk up to a red minivan next to the gas pump, in which he was handed something, and then walk off the property. I then began making my way towards Mr. Martello and he then entered the adjacent property of Nikkis Liquors and sat on the front steps of the business. Please note that Mr. Martello is also trespassed from this location as well. I then approached Mr. Martello and informed him that he was under arrest for trespassing. Mr. Martello was handcuffed, searched, and placed into Car 2 for transport to the station. Mr. Martello did have a crack pipe in his pocket that was disposed of. In light of the facts and circumstances above Mr. Martello is being charged with: trespassing.”

Incident on August 9, 2024

On Friday, Aug. 9, 2023, at approximately 9:30 p.m., Officer Brandon Carlson of the Leominster Police Department was on patrol, driving on North Main Street. As he passed by 531 North Main Street, Niki’s Liquors, he observed John Martello standing on the front steps of the business.

“John is very well known to this police department for trespassing on multiple properties in the City of Leominster,” Officer Carlson said.

Officer Carlson turned his cruiser around and began to drive back toward Niki’s Liquors.

“While driving back to Niki’s Liquors I watched John walk across the street and enter the property of Wendy’s,” Officer Carlson said. “When I contacted John, he was advised that he is trespassed from Niki’s Liquors. John stated he was not trespassed from Niki’s Liquors and was inside the store only to get a drink. Please be advised, John was trespassed from 531 North Main Street (Niki’s Liquors) on 07/15/2024. John was also placed under arrest on this same day for a warrant and trespassing at Niki’s Liquors by Officer Ramos. John has been told numerous times by Leominster police that he is not allowed on the property. Dispatch also confirmed that John Martello was still actively trespassed from 531 North Main Street (Niki’s Liquors).”

“John was advised to place his drink on the ground, and he began to walk away from Officer Benvissuto,” Officer Carlson said. Officer Avery Benvissuto had also responded to the scene after seeing Martello at Niki’s Liquors.

“I then approached John and took control of his arm to place him under arrest,” Officer Carlson explained. “John then attempted to pull his hand away from me to prevent himself from being placed in handcuffs. Officers were able to gain control of John and place him in handcuffs. John was then transported to the Leominster Police Station for booking.”

Martello was charged with trespassing after notice and resisting arrest.

Outcome

On August 28, 2024, Martello attended a pretrial hearing where he was found guilty of trespassing and sentenced to 17 days in jail. In Massachusetts, trespassing is a misdemeanor offense, carrying penalties of up to 30 days in jail and/or a $100 fine.

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Disclaimer: If you are wondering why the incidents in this story were from June – August 2024, that’s because I had to file FOIA request(s) to get the court documents for the incidents. FOIAs are time consuming.

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