Malden Man Faces Prowling, Drug Charges in NH

Joseph L. Hearn, 58, of Malden, Mass., was arrested at 2:08 a.m. on Sept. 22, and charged with prowling, felon in possession of a dangerous weapon (a knife), a felony charge, and possession of burglary tools.

According to a Concord Police arrest report as well as court documents, officers were called to Village Street for a report of an attempted burglary that just occurred. While the officers converged on the scene, a plainclothes officer in an unmarked police car “observed a reflection” from the southern part of the Woodlawn Cemetery across the street. That officer entered a parking lot near the cemetery and saw a white Ford Escort with Massachusetts plates parked along the tree-lined side of the street. The vehicle, according to dispatch, was registered to Hearn.

The officer looked around the area but didn’t see anyone and later, decided to stake out a position to see if anyone appeared.

About 10 minutes later, the officer saw a man “walking briskly” from the north, through the cemetery, towards the car. The man was wearing ripped blue jeans, a sweatshirt, and a black du-rag on his head. The man was also allegedly carrying a long metal rod and a baseball cap.

The officer caught up with the man and ordered him to stop and drop to the ground, which he did.

The officer began to question Hearn, asking him to identify himself and what he was doing in the cemetery at that hour.

Hearn allegedly stated he was in the cemetery “to take a sh-t.”

When asked where he was coming from, Hearn allegedly pointed to the west. When the officer said he was lying, because he watched him come from the north, “Hearn quickly said he had been over there earlier, but had just come from ‘that way’ as he pointed north,” according to the report.

The officer began to question him about the metal pipe, baseball hat which appeared to have black gloves inside it, and other items that he appeared to be hiding from the officer, as others arrived at the scene. The officer alleged that Hearn appeared to be trying to hide his gloves, because he was reaching behind as he lay on the ground.

“I asked Hearn what he was doing with his left hand and he replied, ‘scratching my ass,’” the officer alleged. “I told Hearn that I had already seen the black gloves inside the hat, and pointed out they were no longer inside the hat. I asked Hearn, ‘Are you putting the gloves in your ass?’ Hearn said he was putting them in his back pocket.”

The officer put Hearn in cuffs but informed him he wasn’t arrested. A knife was reportedly found in his right front pocket, as well as a small flashlight, during a pat down. Four black latex gloves, keys, and other items were also allegedly found.

Hearn allegedly continued to tell officers that he was in the cemetery to relieve himself and was on his way to pick up a relative to attend the NASCAR races the next day. What Hearn didn’t realize, the officer stated in the report, was that he was standing in the same area where Hearn said he was going to the bathroom.

“It was evident Hearn was changing his story, in an attempt to dispel my suspicions,” the officer alleged, before arresting him on prowling and other charges.

At the same time, New Hampshire State Police brought a K-9 unit to the Village Street address to try and track the burglary suspect. The canine reportedly tracked a scent at the scene. About 10 minutes later, the dog tracked the scent through the cemetery and up to the cruiser where Hearn was seated, according to the officer.

Hearn was held without bail and arraigned on Sept. 23.

New charges in October

A little more than a month later, on Oct. 29, Hearn was arrested again, and charged with two counts of possession of controlled drugs, one a felony, two counts of possession of drugs, and a felon in possession of a dangerous weapon.

According to an arrest report, Hearn was picked up at Concord District Court and taken into custody after new charges arose as part of the investigation of the Sept. 22, incident on Village Street.

The dangerous weapons charge was the metal pipe allegation from the initial incident. Police also allege that they found six partially consumed marijuana cigarettes and a 2mg film of suboxone during the investigation.

Hearn was held on $9,000 cash bail and was arraigned on the charges.