Ray A. Pena, 23, faces charges after a Sept. 20 welfare check on Arlington Street in Leominster ended in a struggle with police. Officers allege Pena gave a false name and punched an officer during his arrest; he also faces a witness-intimidation charge.
The incident account, reported by News Link Live, is based on a police report. Officer Robert Connors was sent to Arlington Street after dispatch relayed a family member’s concern that a woman was with her boyfriend, Pena, and they had reportedly been arguing. Dispatch described Pena as a Hispanic man in a blue hoodie and green shorts. Connors initially could not find them; dispatch later said they might be in a blue Mazda. Connors then saw Officers Raul Valladares and Marjus Zylyftari behind the vehicle at 92 Arlington Street.
A Fake Name Unravels Fast
Officers found a man matching Pena’s description in the Mazda’s front passenger seat. Asked for identification, he gave the name Joshua Martinez and a birth date of Aug. 16, 2004, but dispatch found no record matching those details, according to the police account. He then gave changing explanations about his identification and name, including that his full name was Joshua Ray Martinez.
The woman with him called him Ray, and Zylyftari identified him as Pena. The police account says Connors had been informed before the encounter that Pena had three active arrest warrants. Connors arrested him on those warrants.
Struggle Turns Physical
Police allege Pena tried to flee when told to leave the vehicle and struggled with Connors and Valladares. Connors told News Link Live that Pena punched him in the mouth and raised a hand as if to strike again. Connors said he punched Pena in the face three times, while Zylyftari deployed a Taser that did not properly connect.
Pena fell between the open car door and the ground and initially refused to put his hands behind his back, according to the police account. Connors displayed his baton and tried to use it to control Pena’s right arm; Officer Benvissuto then handcuffed that arm. Officers put Pena in the recovery position, and Benvissuto requested an ambulance.
Injuries, Damage, and a Hospital Trip
The Leominster Fire Department evaluated Pena, who was taken to a hospital with a police escort, Connors said. A sergeant photographed injuries to Pena, Connors and Valladares. The police account also notes scratches on the Mazda’s right rear passenger door and a radio pouch torn from Connors’ vest.
Statewide injury reporting
For broader context, the Massachusetts POST Commission’s 2024 Annual Report lists 11 reports and 14 individual injuries in its officer-involved-injuries data for July 1, 2023, to June 30, 2024; 8 reports were made to POST. The figures are for July 1, 2023, to June 30, 2024. These statewide figures do not establish what happened during Pena’s arrest.
Pena’s girlfriend disputed the reported argument, telling officers that she and Pena had gone for a walk to cool off and that no physical altercation had occurred between them. She said her sister and her sister’s boyfriend lived at 92 Arlington Street, and that the sister’s boyfriend had only argued verbally with Pena. She also said she knew Pena had warrants and had brought him clean clothes.
Charges and What's Next
According to News Link Live’s account, Pena was charged with two counts of assault and battery on a police officer, four counts of resisting arrest, two counts of vandalizing property, and one count of intimidating a witness, juror, police officer or court official. He was arraigned in Leominster District Court on Sept. 21 and released on $1,500 cash bail. His next court date, a pretrial hearing, is scheduled for Oct. 15.
Massachusetts law broadly defines resisting arrest as knowingly preventing or attempting to prevent a police officer, acting under official authority, from effecting an arrest of the actor or another person by force or threatened force, or by another means that creates a substantial risk of bodily injury, according to Massachusetts General Laws. The dossier evidence reviewed does not establish the exact statutory basis for each of the charges filed against Pena.
