Pot arrest just prior to deadline
By Edward B. Colby
DAILY NEWS STAFF
DEDHAM - Police said they arrested a Dedham man for marijuana possession on New Year's Eve, less than an hour before the alleged offense was decriminalized by a change in state law.
That night police also arrested a man who was attempting to return home as he tried to get into a residence on Pine Hill Road, even though he lives in Quincy, police said.
In the first case, Officer Charles Mouris found Nicholas Stone Moorhead, 23, stuck in his 2002 Acura against a snowbank 12 to 15 feet high in the Dedham Plaza parking lot after 11 p.m. on Dec. 31, police said.
As Mouris spoke with Moorhead, he saw a small pipe on the console area between the front seats, according to Police Lt. Robert Nedder. Moorhead admitted smoking marijuana and said he had some in his possession, Nedder said.
When asked about his crash, Moorhead seemed confused and asked "what accident?," Nedder said.
He had a similar reaction when told his car was stuck in a snowbank, Nedder added. "He seemed surprised, turning his head toward the snowbank and frowning," Nedder said.
Asked if he had more marijuana in the car, Moorhead replied, "Yes, I was out tonight buying some," Nedder said.
Moorhead turned off the ignition and handed Mouris his keys, but then began arguing, Nedder said.
"You can't do this. Give me back that bag. It's not illegal to have marijuana," Moorhead forcefully shouted at Mouris, according to Nedder.
A change in state law that took effect Jan. 1 means that those who are caught with less than an ounce of pot will face a civil fine of $100 but no criminal charge. Nedder pointed out marijuana possession is still illegal, even if it is now a civil infraction and not a criminal offense. Marijuana will still be seized as evidence, Nedder added.
But Moorhead was allegedly caught with marijuana a little before the deadline, and so was charged with possession of a Class D substance, and operating under the influence of drugs. Moorhead, of 1 Common St. in Dedham, was arraigned Friday in Dedham District Court and is due back on Feb. 11 for a pretrial conference.
Hours after the snowbank incident, Officer Kevin Mahoney was dispatched at 2:12 a.m. on Jan. 1 to Pine Hill Road, where he found Joseph Garjian, 29, of 200 Falls Boulevard in Quincy, trying to get into a house at 42 Pine Hill Road, police said.
Mahoney asked Garjian what he was doing, and Garjian replied, "What, are you, the Gestapo?," according to Nedder.
Garjian refused to identify himself, Nedder said. After being told to walk away from the house, Garjian was screaming at Mahoney, who warned him to calm down or he would be pepper-sprayed, according to Nedder. As Mahoney put one handcuff on him, Garjian tried to twist away, and he fought with Mahoney as the officer tried to get him in the cruiser, Nedder said.
Mahoney pepper-sprayed Garjian, who went to the ground, Nedder said. By this point Officer Mouris had arrived on the scene, but Garjian kicked him as he held his feet, Nedder added. Garjian was sprayed again, and police - with the help of a third officer, Ryan McCarthy - finally got him into the cruiser, Nedder said.
Police later discovered that Garjian's fiancee and a friend of hers were staying on a nearby street, so he may have been trying to get there, Nedder said.
Garjian was charged with disorderly conduct and resisting arrest. He was arraigned Friday in Dedham District Court, and is due back on Feb. 13 for a pretrial hearing.
Daily News staff writer Edward B. Colby can be reached at 781-433-8336 or ecolby@cnc.com.
