Westport may be short one select board member for the foreseeable future. Manuel Soares Jr. has been incarcerated at the Bristol County Jail and House of Correction in Dartmouth since the first week of July, as he awaits his day in court on four counts of trespassing and one count each of resisting arrest and disorderly conduct, in connection with a long-running land dispute in Dartmouth. 

According to town clerk Kristin Stinson, Soares told her verbally this month that while he will not resign his position on the select board, he does not plan to attend select board meetings. His term ends in April 2026;  he was elected to a three-year term on the board in April 2023.

On Monday, the Dartmouth Police Department denied a Thursday, July 3, Westport Shorelines public records request for Soares’ relevant arrest records, noting in an e-mail that “the record(s) requested is a criminal court case that has been submitted as a summons to Third District Court.” 

But according to documents obtained last week in New Bedford District Court, Soares, 63, of 316 Gifford Road, Westport, was ordered held without bail on Thursday, July 3, at the request of the Commonwealth.

The record does not note when Soares was incarcerated, but an officer at the house of corrections confirmed last Friday that a Manuel Soares Jr., date of birth Jan. 19, 1962, is an inmate. That is the select board member’s birthday.

Prosecutors noted in a form request for the hold that there is “probable cause to believe that (Soares) has committed a state or federal crime,” and “there is clear and convincing evidence” that he has violated the terms of his release on trespassing charges filed over the past several months.

It is unclear how long Soares will be held. One court document shows his next court appearance scheduled for Thursday, July 24, while judge Joseph Harrington Jr.’s order to hold him lists Soares’ next court date as a status review hearing scheduled for Wednesday, Oct. 1.

Long-running dispute

Soares, a contractor who owns or has owned Granite City Crushing, Inc. and M. Soares Excavating, has been involved in a land dispute in Dartmouth for at least 12 years, according to court and media records.

The long-running dispute centers on nearly nine acres of land at 769 State Road, Dartmouth, that was formerly owned by his family and is being developed, with adjoining properties, into “The Waterstone Apartments,” a 288-unit housing development. The land is currently owned by First Dartmouth LLC, and Dartmouth tax assessor records show that the firm purchased the property from former owner Mary Robinson in March 2020 for $1.2 million.

First Dartmouth LLC sought and received a no-trespassing order against Soares on Friday, March 14, forbidding him from properties at 769, 783 and 799 State Road in Dartmouth. A constable served the paperwork four days later, on Tuesday, March 18.

From around that time through early July, court records show, Dartmouth police received more than a dozen trespassing complaints from property managers who complained that Soares trespassed on the property, blocked access with his truck, and verbally berated workers. Though several of those incidents resulted in trespassing arrests, Soares was also charged last month with resisting arrest and disorderly conduct, during Dartmouth officers’ investigation of another trespassing complaint.

Arrests include:

•Trespassing, Wednesday, April 16:

Dartmouth police officer Nicholas Barnes wrote that after responding to a call at 12:31 p.m., Soares was irrational and insisted he be arrested so he could speak to a judge to clear up the matter.

“We tried de-escalating with Mr. Soares; he kept talking over us and was irrational about the situation,” Barnes wrote. Soares was ultimately placed under arrest.

•Trespassing, disorderly conduct and resisting arrest, Wednesday, June 4:

Though the original police report also includes one count of assault and battery on a police officer, that charge appears to have been removed from a criminal complaint at a later date.

Dartmouth police officer Brandon McNeil wrote in his incident report that police received a complaint that Soares was blocking entry to the jobsite at its 449 Reed Road entrance, and became agitated when officers attempted to arrest him.

“When Sergeant (Paul) O’Donnell went to place Soares in handcuffs, Soares became actively resistant, pushing and pulling on Sergeant O’Donnell,” McNeil wrote.

Police were able to place Soares in cuffs, and Officer McNeil noted that when “I read him his Miranda rights ... I noticed Soares to be very uncooperative and agitated as well.”

While he was being arrested, Soares asked for EMS for a shoulder issue, and was subsequently placed on a stretcher and taken to St. Luke’s Hospital for evaluation.

“Once cleared from St. Luke’s Hospital, Soares will be transported to New Bedford Third District Court,” McNeil wrote.

•Trespassing, Saturday, June 21: 

Dartmouth police were informed that Soares “had cut the locks and chains on a gate to gain access to the property” in the area of 729 State Road, Officer Colby Cusson wrote. Soares was taken into custody, and officers “checked the mentioned locks on the gate and while they were unlocked and open we found no damage to the locks themselves.”

•Trespassing, Wednesday, July 2:

Dartmouth police officer Corey Melo wrote that he was called out to 769 State Road on a trespassing call, and took Soares into custody without incident. He was transported to Dartmouth’s Ash Street jail.

It is unclear if Soares has an attorney, as the only paperwork that notes legal representation is from his former attorney, Richard Harrison, who on Thursday, May 22, requested his removal as Soares’ counselor.

What’s next?

On the select board end, chairwoman Shana Teas said Friday that “there’s not much we can do” to address the apparent long-term vacancy on the board. Also unknown is whether Soares, who ran unsuccessfully for the Eighth Bristol house of representatives seat last year, will also stop attending Westport Planning Board meetings — he is also an elected member of that board.

Teas said the only theoretical way the town could get someone else in the elected seats before April 2026 town elections is through a recall petition filed by a member of the public. She noted that while that is possible, it’s a “tall order,” as it requires a substantial number of electors’ signatures to place on a special ballot.

While select board members have not spoken publicly about the case apart from Teas’ acknowledgement of the issue, members last week appointed board member Jake McGuigan to succeed Soares as the select board representative on the town’s infrastructure oversight committee and economic development task force. 

Though Soares was due for reappointment to the two boards, Teas said at last Monday’s meeting that “we have an opportunity, if somebody else would like to be on here.” McGuigan said he was willing to take on Soares’ seats, but added: “I’m not in the business of taking someone’s seat if they’re not here. But ...”

He didn’t finish his sentence before a motion was made, seconded, and a vote taken. It was a unanimous 4-0.

Editor's note (7/16): While town clerk Kristin Stinson said Soares told her he does not intend to resign and will not be attending select board meetings; he did not specify the length of his absence, she said Wednesday.