WESTFIELD – A city man was arrested because he insisted on hearing “the magic word” before obeying an officer’s instruction.
Officer Jared Rowe reports he observed a man sitting near the fountain at Park Square about 2:30 a.m. Sunday and he spoke with the man to explain that all city parks and playgrounds are closed overnight.
The man, who was identified as John Stebbins, 49, of 40 Franklin Street, said that he knew of the ordinance barring the parks to nighttime visitors but told Rowe that he felt the regulation was “stupid.”
Rowe explained that the ordinance was in place to protect the parks from vandalism, property damage and loitering but found that “Mr. Stebbins was less than cooperative as he continued to express his disapproval of the ordinance” and Rowe informed him that if he refused to leave he would be subject to arrest for trespassing after notice.
Stebbins reportedly shrugged his shoulders “in a dismissive manner” and said “I don’t feel like getting arrested right now but you might have to arrest me later.”
The officer then asked Stebbins to leave the park and reports that, after Stebbins stared at him for several seconds, he said, “Not until you say please.”
Stebbins was arrested on a charge of trespass and was released from police custody when another person posted $100 cash bail.
He was arraigned Tuesday in Westfield District Court before Judge Philip A. Contant who allowed his release on his personal recognizance pending an Aug. 29 hearing.
Stebbins was charged with violating Chapter 266, Section 120, of the Massachusetts General Laws that provides as punishment for a conviction a fine of no more than $100 and/or imprisonment for no more than 30 days.
