Police scoop up late night ice cream thieves at ArtCliff Diner

Police scoop up late night ice cream thieves at ArtCliff Diner

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The scene of the late-night crime. — Photo by Ralph Stewart

Three Island teens face felony charges following a late-night arrest for breaking and entering at the ArtCliff Diner, on Beach Road in Vineyard Haven, early Saturday morning, September 3, over the Labor Day holiday weekend.

Two officers used multiple doses of pepper spray to subdue and cuff one of the trio, who struggled vigorously with police, according to an official report of the incident.

Police arrested Nicholas R. Giliberto, 19, of Tisbury, Ryan Cameron Fisher, 18, of Oak Bluffs, and a 16-year-old Tisbury juvenile.

The incident began at about 2 am. Detective Mark Santon was driving along Beach Road when he saw three young men walking away from the ArtCliff, behaving in a suspicious manner, according to his police report.

He turned his police cruiser around and parked next to an adjacent office building. As he walked toward the three young men, he recognized the juvenile.

One of the young men, he wrote in his report, later identified as Mr. Giliberto, “had a softball-size glob of what appeared to be melting off-white colored ice cream in his hand, with no wrapping around it. This subject repeatedly smashed the large glob of ice cream into his face. The male’s face, chest, and stomach were covered with melted ice cream.”

Questioned, the young man told Detective Santon he got the ice cream at his friend’s house, but he could not remember the friend’s name or the location of the house. “In between answers, he kept mashing the large ball of ice cream into his face,” Mr. Santon said.

One of the young men fled. Mr. Santon radioed for Officer Jason Marathas to assist. He asked Mr. Giliberto to drop the ice cream and identify himself.

“Nicholiy Skyvinchy,” he said. Mr. Santon asked him to spell it. Then asked him again. The two versions did not match.

Officer Marathas arrived, and Detective Santon followed a drip trail of ice cream back to the diner. Window screens had been pushed out of three windows, and the front door was unlocked, according to the report. The detective discovered a “fist-size divot” in a five-gallon pail of Richardson’s vanilla ice cream.

Mr. Santon told Mr. Giliberto he was under arrest for breaking and entering. A violent struggle began, Mr. Santon said.

“Officer Marathas was able to place one handcuff on this person’s left wrist. The subject then broke loose his left arm and was thrashing about with the loose handcuff swinging in the air,” he said.

Detective Santon said that despite repeated requests that he stop resisting and place his hands behind his back, Mr. Giliberto fought the officers. He said all three had scrapes. Using pepper spray, the officers were able to handcuff the young man and place him in the cruiser.

Later in the day, police arrested the juvenile, who had fled during the struggle, and Mr. Fisher.

Mr. Giliberto was arraigned Tuesday morning on charges of breaking and entering in the nighttime to commit a felony, larceny from a building, malicious destruction of property worth more than $250, resisting arrest, and arrestee furnishing a false name.

Mr. Fisher was arraigned on charges of breaking and entering in the nighttime to commit a felony, larceny from a building, and malicious destruction of property worth more than $250. Both young men are scheduled to appear in court on October 5.

Comments

  1. Good police work. Could’ve just driven by, but you didn’t. I hope your commended.

    1. Actually the 16 year old got away too. So, two of the three escaped and the stoned ice cream covered teen had to be subdued by two officers with pepper spray. What a pathetic story this is.

      1. What’s pathetic is that it happened at all. Has Mr Fisher screwed up his college plans? Ridiculous….

  2. “One of the young men, he wrote in his report, later identified as Mr.
    Giliberto, “had a softball-size glob of what appeared to be melting
    off-white colored ice cream in his hand, with no wrapping around it.
    This subject repeatedly smashed the large glob of ice cream into his
    face. The male’s face, chest, and stomach were covered with melted ice
    cream.”

    and they say weed/pot isn’t a gateway drug

    1. Actually they do say weed is a gateway drug. And “they” are wrong.

      Anyway, this sentence in the article made me laugh out loud. Kinda felt sorry for the stoners until they lied and resisted arrest.

      1. well james it depends on who the “they” is but yes i was laughing my ass off also.. like a bad sequel to bill n teds excellent ice cream adventure

  3. I’m sorry, TWO police officers could not physically subdue ONE individual except with pepper spray?

    1. Not too many years ago the procedure was to club the suspect senseless with batons or weighted clubs. I think the pepper spray is a little more humane answer to getting a subject to comply. As for me, I’d rather have my pepper sprayed onto my burrito instead of my face. I deal with the police at the scene with “yes sir, no sir”, any violation of my rights will be dealt with in the courts at a later date.

      1. I agree wholeheartedly that force is necessary at times. Obviously I wasn’t there, but I am just having a hard time imaging two officers physically unable to subdue someone (especially given the size of Officer Marathas).

  4. Perhaps the officers thought he was on bath salts, otherwise, there is no reason to pepper spray the heck out of the kid.

  5. Place tongue firmly in cheek. Write straight copy. Laugh all the way to the printer. Very funny guys. One for the archives. Thank you Nelson.

  6. Their parents must be so proud of them. They should be pepper sprayed again just for being so stupid.

  7. So these kids break and enter, steal, resist arrest and posters are criticizing out the police? PRICELESS!

    1. PRICELESS is right! We have a terrific education system that the taxpayers fund. My cousin kids were visiting last month and they couldn’t believe the great school we had they wished their inner city school system had what we have. I feel the money spend on these “little darlings” is wasted and they should get exactly what an inner city school can provide.

      1. Those inner city children are direct reflections of their parents. To say otherwise is to be in complete denial. Last time I checked, my child repeats what I say, what I do, and reflects the way I react. I went to school in an inner city….and the teachers are there to baby sit and breakup fights. Its amazing.

        1. And the taxpayers are paying teachers to be baby sitters — so students that want to learn suffer at the hands of “gangsta” types