NORTH SMITHFIELD – A man, who building management told police had likely been evicted, was arrested on Sunday, June 30 for trying to break into an apartment at The Club at Dowling Village.
Jeffrey Viola, 42, resisted arrest and kicked an officer, leading to multiple charges, according to police. But management at the apartment complex refused to provide paperwork proving whether or not Viola actually lived there, and later reversed course on an initial statement that they wished to press charges.
According to the arrest report, police responded to the building at 2 Booth Pond Way around 9 a.m.for reports of an attempted break in and found Viola standing outside an apartment with two screwdrivers wedged into the door by the lock. The door was reportedly damaged with dents and dings, and the striping was fully removed.
A narrative on the incident by Lt. Joshua Nelson notes that Viola was not cooperative, saying he hated the police and yelling derogatory comments as officers tried to assess the situation.
“It should be noted that dispatch made several attempts to have management relay either proof of eviction or proof of the current occupant of that room, but was advised that management would not provide any information without a subpoena,” notes a second narrative by Officer Jarod Tavares.
Management did advise dispatch, however, that they wished to press charges for the damages to the door, which was relayed to officers at the scene. As they tried to take Viola into custody he actively resisted, according to police.
“He stated multiple times that officers (were) on his back and he (could not) breathe,”noted Tavares. “No officer was on his back and we were only trying to gain control of his arms to place handcuffs on. Viola was also claiming that at one point he was being choked, which also did not occur.”
Nelson notes that Viola kicked Officer Ryan Legare during attempts to place him in the back of the cruiser.
Back at the station, Viola was released with a 3rd District Court summons and issued a mandatory court date of Tuesday, July 23 for assault of a police officer, resisting arrest, disorderly conduct and vandalism.
But the story did not end there.
Police were called back to The Club at 10:56 p.m. and again found Viola outside the same room trying to get in. This time, however, Viola was cooperative according to police, and was advised to leave the property for the night and contact management in the morning regarding the civil matter of whether or not he was allowed in the apartment.
The following day, a manager from The Club went to police headquarters to fill out a witness statement, but did not disclose if he wished to press charges, according to Tavares. Reached the following day, management told officers they did not wish to press charges and were advised they would have to return to the station to withdraw their complaint as soon as possible, since Viola had already been booked, processed and issued a court date.
Charges related to the incident remain pending in the state criminal database.
