On the above date I was working in marked unit East Four when I was dispatched to the intersection of Cross Street and Pearl Street for a motor vehicle accident at the request of the Somerville Fire Department.
On scene, Lieutenant James Keenan of Ladder Two handed over to me a set of keys which belonged to the Moped involved in the accident. Lieutenant Keenan also informed me that the keys were giving to him by, a passenger in the second motor vehicle involved in the accident. He further stated that Nicole took the keys from the ignition of the Moped because the operator, identified as Jose Zelaya displayed characteristics of being under the influence of alcohol and was attempting to flee the scene.
I approached the involved parties who were standing in front of 72 Cross Street. Parked in front of this address was a Cadillac Escalade color black, bearing Massachusetts Registration number LV67579. Parked behind the Cadillac was a Moped color white bearing Massachusetts inspection sticker number 111588. At a distance I was able to observe a white mark on the Cadillac’s rear left bumper, possible paint transfer. The white paint is consistent with the paint on the Moped.
The operator of the Cadillac, approached me and informed me that he was stopped in front of the above noted address waiting for the light to change when he was sideswiped by the Moped. also informed me that he felt the operator of the Moped was under the influence of alcohol. Traveling with at the time of the accident was his daughter, who was seating on the rear right passenger seat and, seating on the front passenger seat.
After talking to Macarthur I approached Jose Zelaya who appeared to have difficulties standing straight on his feet. It was very difficult to maintain a conversation with Jose because he was not able to stand still, despite his balance not being at its best. I also noticed Jose’s eyes to be glassy and bloodshot. I kept on trying to get Jose’s attention in order to get his side of the story, but his attention was limited. I was able to talk to Jose’s wife, over the phone and asked her to come down to the scene of the accident.
During my attempt to interview Jose I was interrupted by who expressed his sympathy for Jose and didn’t want to pursue the matter any further, since the damage to his vehicle was minimal, but wanted reassurance that he would be made whole by Jose.
When arrived on scene I had her talk to in hope that they would come to an understanding. After reached an agreement, M approached and explained to him that he needed to pay for the damage, but Jose refused to listen to and then proceeded to blame for the accident and accused him of stealing his wallet.
At this point I had no choice, but to disregard act of sympathy and came to the decision that it would be best to involve the justice system in order to protect the interest of all parties involved. I then proceeded to give Jose the Field Sobriety Test.
Prior to conducting each individual Field Sobriety Test I demonstrated and instructed Jose on how to perform them. I first demonstrated and instructed Jose on the Horizontal Gaze Nystagmus test. Jose attempted to perform the test twice, but every time would look down, follow the tip of my pen with his head, and would pause when asked to begin test, as if he didn’t understand the directions, even though they were in his native language of Spanish. I then demonstrated and instructed Jose on the One Leg Stand. Jose started the test during the demonstration and instruction phase. I ended the test because Jose stop paying attention to my instructions. I placed Jose under arrest for OUI Alcohol. Jose was then transported to Police Headquarters by Officer Pavao in marked unit 200 to be booked in the usual manner by Lt. Mulcahy.
During the booking process Jose was giving the opportunity to perform the Field Sobriety Test for a second time. Prior to the start of each individual Field Sobriety Test I demonstrated and instructed Jose on how to perform them. During the Walk and Turn test Jose started the test early, took 13 steps, and placed is hand inside his pants pocket. While performing the One Leg Stand Jose started early, failed to keep his arm by the side of his body, and raised his leg approximately 2 feet off the floor after being instructed to only raise his feet approximately 6 inches off the floor. The last test was The Finger to Nose test; when asked to start, Jose placed his right fingers by his lips and acted as if he was smoking a cigarette, then he placed his left hand by his temple as if he was giving me a military salute, and then placed his hand inside of his pants pocket.
Jose was cited with citation number R6069932 for OUI Liquor, first offense. Pictures of the damage sustained by the motor vehicles during the accident were taken and will be available upon request.
Sergeant Michael Kiely