Christopher DUBE Arrest

On June 27, 2015 I, Sergeant Salvatore Fusco was working as the west Somerville street supervisor in the S9 patrol car on the 4 to midnight shift.
At 9:04pm while on routine patrol I was stopped on Broadway (eastbound) at the intersection of the Powerhouse rotary and College Ave. While stopped at the intersection I heard the sound of tires squealing to my left and upon looking left I observed a white six wheel dump truck traveling west bound through the rotary. While I was watching the dump truck I observed it make a wide turn around the rotary and turn right onto Broadway heading west. Just prior to the truck turning right onto Broadway (public way) I observed it drive onto the sidewalk in front of Dohertys funeral home and narrowly miss hitting a light post.

Upon observing the actions of the dump truck I immediately made a u-turn and proceeded to west on Broadway in an attempt to catch up to the vehicle and perform a motor vehicle stop of the vehicle. As I was approaching the dump truck I observed it travel across the double yellow lines with approximately half the vehicle being on the wrong side of the road for approximately 50 feet.

After observing the truck travel across the double yellow lines I activated my patrol cars blue lights and siren in an attempt to stop the vehicle at the intersection of Broadway and Irving St. The vehicle continued on Broadway for one block and then turned left onto Simpson Ave. and traveled approximately 300 feet as I was signaling for it to stop with my siren at which time it stopped across 51 Simpson.
Once the vehicle was stopped I notified dispatch of the stop giving them the registration number of the vehicle and that I was stopping the vehicle because it was being driven erratically. I then requested that dispatch send me a back-up unit at which time they dispatched Officers Berrouet in the west 7 patrol car and Officer Cabral in the west 5 patrol car.

I approached the vehicle and spoke to the driver who was later identified as Christopher Dube and requested his license and registration at which time I advised him that I was stopping him because he driving erratically and drove across the double yellow lines along with driving onto the sidewalk in front of Doherty Funeral home. As he was retrieving his license and registration Christopher Dube stated that he was trying to avoid hitting a pedestrian who was in the crosswalk. While talking to Christopher Dube I could smell an odor of an alcoholic beverage coming from him and see that his eyes were glassy. I asked him if had been drinking or if he needed medical assistance at which time he said no to both.

As I was speaking with Christopher Dube Officers Cabral and Berrouet arrived and I asked Christopher Dube to step out of the vehicle so that I could administer some field sobriety tests to him. After he exited the vehicle I asked Christopher Dube if he had any medical conditions or injuries that would prevent him from performing a field sobriety test at which time he said that he had injured his leg years ago. I then asked him if it would prevent him from performing the field sobriety tests and he said let’s do it.

I then told him that I would be administering three tests and told him that the first test that I would have him perform is the Horizontal Gaze Nystagmus. I instructed him to touch his index finger to the tip of my pen which I held approximately 12 to 15 inches from his face at eye level. While taking the test Christopher Dube was unable to follow the motion of the pen without moving his head despite being told that he had to keep his head still.

The second test that I had him perform was the 9 step walk and turn. I told him that he would be required to walk a straight line heel to toe for nine steps and then turn around and repeat the steps.
The instructions that I gave him were as follows.

I told him that he was not to start until I told him to and that he needed to count to nine for each part of the test. I also told him that he needed to keep his arms near his side while performing the test. He was also instructed that he was not to stop until the test was completed.

You will begin by walking heel to toe in a straight line for nine steps and upon reaching nine steps you are to take small steps in order to turn around and walk nine more steps to complete the test.
After giving him the instructions I demonstrated the test while explaining the test to him again and asked him if he understood them at which time he replied that he did.
Christopher Dube then attempted to take the test and on the first nine steps he stumble to his right on steps 2, 5 and 7 and on the second nine set of steps he stumble to his right on steps 2 and 7 and to his left on steps 3, 8 and 9.

After the 9 step walk and turn I told Christopher Dube that the next test that I would be administering would be the one leg stand.
The Instructions that I gave him were as follows:

I told him to stand with his feet together and his arms by his side while I demonstrated the test. I instructed him that upon being told to start that he was to raise either foot six inches off the ground and to point his foot out while keeping his legs straight. He was then told to count out loud by thousands such as 1 one thousand, 2 one thousand, 3 one thousand until 30 one thousand or told to stop.
While attempting the test Christopher Dube on his first attempt needed to put his foot down on the count of 1 one thousand and on the following two attempts he was unable to get to the count of 3 one thousand without placing his foot down.

After administering the field sobriety tests I allowed Christopher Dube to contact the owner of the vehicle so that he may come to our location and take custody of the vehicle. I then placed him under arrest with for operating a motor vehicle under the influence of alcohol, reckless operation of a motor vehicle and marked lanes violations. I handcuffed him utilizing my Smith and Wesson m-100 handcuffs which were double locked. After handcuffing Christopher Dube I, advised him of his Miranda rights by reading from the card that I keep in my right breast pocket of my uniform shirt. After placing Christopher Dube under arrest I contacted dispatch and requested that the prisoner transport vehicle unit 200 be sent to my location.

While waiting for unit 200 Christopher Dube engaged Officer Berrouet and I in conversation and repeatedly said that he was not drunk and that he only had one beer every three hours.
Officer Anderson in unit 200 arrived on scene and transported Christopher Dube to the Somerville Police station where he was to be booked and processed in the usual manner. After Christopher Dube was placed into the prisoner transport unit I asked Officer Berrouet to standby with the vehicle and I went to the headquarters so that I could file my report.

At headquarters I was told by Lt. McCain that at 10:00pm that Christopher Dube was being uncooperative and that he would have to be booked at a later time.

Just prior to 12 midnight Lt. Lavey requested that I meet him at the booking window so because he was going to book Christopher Dube. After Lt. Lavey booked Christopher Dube he was again asked to perform the field sobriety tests. He was able to perform the tests and passed the HGN. During the 9 step walk and turn he failed to stop at nine and made 10 steps on both the first and second portions. During the one leg stand he was able to keep his foot in the air for a thirty count but counted to 10 three times.

After the booking I advised Christopher Dube that I would be issuing him a citation for OUI alcohol, reckless operation and marked lanes violation and that the citation would be placed into his property bag.

Respectfully Submitted,

Sergeant Salvatore Fusco, 292