NEW CANAAN — Two residents arrested in the vicinity of the Maple Street Cemetery in early September are alleging the developer of the new Merritt Apartments threw rocks and insulted them.

In a police report filed by Jack Trifero the day of his and Terry Spring’s arrest on Sept. 7, Trifero alleges he and Spring were standing on the town-owned side of the cemetery, talking quietly and holding a map of the site.

In the report, Trifero said that Arnold Karp, of M2 Partners, arrived at the construction site in a car, exited and approached him and Spring, on the opposite side of the fence erected by the developer to protect the historic cemetery during construction.

Trifero alleged that Karp then began making “derogatory statements “ and “getting worked up“ as he exited a vehicle and approached the area where Trifero and Spring were standing and that the developer threw rocks at him, one of which hit him in the leg, according to the report.

Both Trifero and Spring were charged with third-degree trespassing on Sept. 7 after refusing police orders to leave the site. Spring was also charged with interfering with an officer. The pair said they were on the site only to ensure that the cemetery was properly protected during the construction of a redevelopment that will bring up to 110 apartment units downtown.

According to Karp, Trifero and Spring have repeatedly trespassed on the site. He flatly denied throwing any stones.

“Merritt was approved, we’re going to build it. The State has approved everything we’re doing by the cemetery. This is just harassment,” Karp said on Wednesday. “There are two sides to every story and I prefer not to comment at this time. This is between Jack and the police department.”

New Canaan Police confirmed that there was an open investigation surrounding the incident.

justin.papp@scni.com; @justinjpapp1