Police: Two blasts of pepper spray not enough to subdue would-be Orange Line phone thief

MBTA Transit Police report that even after two shots of pepper spray yesterday afternoon, a Chelsea man collared for trying to steal an Orange Line rider's phones managed to flee an officer - who managed to catch up with him and finally subdue him on a commuter-rail platform with his baton.

Police say an officer on routine patrol inside Back Bay station noticed two men holding down a third just inside the fare gates to the Orange Line around 6:40 p.m. According to a police report, one told the officer the man had tried to steal his phone down on the platform but that he and another Orange Line rider grabbed the guy, later identified as Jonathan Pagan, 20, and marched him upstairs in search of police.

Police say that after hearing their stories, the officer told Pagan he was under arrest. According to his report:

I ordered Pagan to turn and place his hands behind his back but he was non compliant. Pagan began struggling with me and refused to place his hands behind him so that he could be cuffed. I then got Pagan to the floor and again attempted to cuff him but he was non compliant. I stood and again ordered Pagan to place his hands behind his back while I withdrew my pepper spray from my belt. I told Pagan that he was under arrest and further informed him in a loud clear voice that if he did not comply with my order to place his hands behind his back, he was going to be sprayed. Pagan refused at which time I delivered a one second burst of pepper spray. I then attempted to cuff him again and Pagan continued to be non compliant, struggled to his feet and attempted to run. I maintained a grip on his clothing as he continued to struggle free.

At this time I again withdrew my pepper spray, ordered him to the ground and put his hands behind his back. Pagan refused, continued to struggle, and again I informed him I was going to spray him. Pagan remained non compliant, I released my grip on him, stepped back and delivered a second one second burst of pepper spray. Pagan again was wrestled to the ground, but remained non compliant.

Pagan managed to break free - by slipping out of his jacket - and ran into the commuter-rail waiting area and then down to track 1:

I gave chase and cornered him at the bottom of the stairs. At this time, I withdrew my expandable baton from my belt, deployed it, held it at ready position and ordered Pagan to the ground face down. Pagan stated he did not want to get hit and complied. Several other officers arrived on scene at this time and Pagan was taken into custody at this time without further incident.

At MBTA police headquarters, the report adds, Pagan was given the chance to "decontaminate" himself before being booked on a charge of attempted robbery.

Innocent, etc.