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April 10, 2013

Man tussles with officer after reckless driving stop

LAWRENCE — A Cross Street man was cited Monday for assault and battery on an undercover officer when he refused to cooperate after being pulled over for driving recklessly, police said.

Mark Fichera, 42, of 130 Cross St., was charged with negligent operation of a motor vehicle, a passing violation, possession of alcohol from an open container and assault and battery on a police officer. The charges stemmed from an incident that occurred on South Union Street around 10 a.m.

Patrolman Alberto Inostroza said he was off-duty traveling on South Union Street near the Heritage Park building when he stopped to let a tractor-trailer pull out of the bagel bakery as a second truck pulled out of the loading area.

He said he looked in the rearview mirror and watched as a vehicle passed him and the trucks at a high rate of speed, forcing the trucks to slam on their brakes. The car then pulled into the Hess gas station at 500 South Union St. and parked.

Inostroza said he pulled up to the car, showed his police badge, and asked for the man’s driver’s license, at which point the man cursed at the officer.

Inostroza then got out of his car and ordered the man to remove the keys from the ignition and get out of the vehicle. After some delay, he complied, and was ordered to kneel down and cross his hands behind his back.

As Inostroza looked in the man’s car for a driver’s license, he noticed a 16-ounce can of Bud Ice. As he stepped out of the vehicle, Fichera had stood up and got in front of Inostroza. He then refused to get back on the ground and demanded that the officer return his keys and license. Fichera then grabbed Inostroza’s shoulder, and attempted to grab the officer’s cell phone and his car keys, the report said.

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