On Thursday, August 20, 2015, while assigned to marked unit West-5, I was heading west on Broadway, preparing to take a left turn onto Willow Avenue when I observed MA Registration 4CD624, a Grey Dodge Charger, in front of me. The driver of the motor vehicle, later identified as the defendant, Thomas Stoner, signaled to turn left. The traffic light had just turned red when Stoner made the left turn. I immediately activated my emergency lights and siren and pulled the motor vehicle over on Willow Avenue at Broadway.
I approached the motor vehicle and spoke with Stoner. I asked Stoner for his license and registration and he produced both a Massachusetts driver’s license as well as a rental agreement for Dollar Rent a Car. I then recognized a strong odor, reminiscent of an alcoholic beverage from his person and observed Stoner’s eyes to be glassy. I then observed a red tumbler with the “Bacardi” logo in the cup holder closet to the driver and a Gatorade bottle in the second cup holder. I then asked Stoner if he had consumed any alcoholic beverages. He replied “No.” At this time, Detective Michael Capasso who works for the Somerville Police Department in the Narcotics Unit, arrived on scene and provided back up. Marked unit West 6, Officer Wyatt, also covered. When I asked Stoner where he was coming from he replied “the neighborhood,” and then I asked why he was in Somerville he replied “around.” As I was speaking to Stoner, he kept making statements that were irrelevant to the situation at hand and made me believe he was confused. He kept making comments like “I’m an American! I’m a patriot!” He also made mention of his beard and that he “wasn’t a Jihadist” and that his ex-girlfriend was “Somali,” and that her boyfriend and his friends and the Somerville Police were out to get him and they were harassing him.
I then ordered Stoner out of the vehicle to conduct Field Sobriety Tests due to my suspicions of him being under the influence. Broadway and Willow Avenue are both public ways in the city of Somerville. At first, Stoner replied that he did not want to step out of the vehicle and again denied having consumed any alcoholic beverages. I then told Stoner that if he performed Field Sobriety Tests and could demonstrate that he was not under the influence of liquor, that I would let him go with a citation. Stoner then stated “You can search me and my car. I’ve got nothing.” I then repeated my command for Stoner to step out of the vehicle. Finally, Stoner stepped out of the vehicle and made his way on to the sidewalk. Detective Fernando Cicerone also arrived on scene at this time.
I then explained to Stoner that I would be administering and demonstrating each Field Sobriety Test and that Stoner would have to perform each one. Stoner replied “I don’t understand.” I then repeated the instructions and told Stoner that I would be reading the instructions for each test from a Field Sobriety Test reference card I carry on me while on duty. I showed Stoner the card and began the first test, the One Leg Stand test. The wind was blowing and Stoner shouts “Dude you see this wind! It’s going to knock me over!” Stoner is approximately six feet tall and weighs approximately 220lbs. I am 5’1 and weigh significantly less than Stoner and I was able to stand on one leg without being blown over by the wind. Stoner refused to do the One Leg Stand test because “the wind would blow him over.” I then asked Stoner “Are you refusing to perform the field sobriety tests?” I asked Stoner the question multiple times and multiple times he refused. During this time, street supervisor Sgt. Fusco arrived on scene. Sgt. Fusco spoke with Stoner and again asked Stoner if he would perform the Field Sobriety Tests and Stoner kept stating “I do not understand them” and “No I won’t do them.” At this point I informed Stoner that he was now under arrest for OUI Liquor and placed him in handcuffs. I then walked back to my cruiser and ran Stoner through CJIS and observed that he did have an OUI Liquor charge on his BOP from January 13, 2012.
During our interaction with Stoner, a female approached Detective Capasso and it became apparent that the female, later identified as Stacey Silva, was familiar with Stoner and seemed distraught. Ms. Silva had asked Detective Capasso if she could just take the car and drive Stoner away. Detective Capasso asked Ms. Silva what her relation to Stoner was and she replied “We’re kind of dating. I just met him.” Detective Capasso then asked her for her information so that he could ascertain whether or not she had an active driver’s license. Detective Capasso then had Somerville Control run Ms. Silva and she came back with a suspended license. Ms. Silva was not allowed to take the car and walked away.
Somerville Animal Control was also dispatched to the scene to take possession of a small dog in the back seat that Stoner claimed was his. As Animal Control Officer Rachel Taylor took the dog, Ms. Silva returned and started shouting “Can I take the dog! It’s my dog!” At this time, Stoner was quiet. Ms. Silva then became distraught over not being able to have her dog and finally Stoner shouted “It’s her dog!” Then Stoner started screaming “Don’t talk to them! They’re f***ing assholes! And she’s (referring to me) is a b****! I’ve said too much! Don’t even stand between them!” As Stoner was screaming, several motor vehicles and their occupants which were on Willow Avenue and Broadway stopped to observe Stoner. There were also many pedestrians in the area also watching as well. Stoner then turned towards the wall of the building we were beside and began kissing it.
Marked unit 200, Officer Pavao, then arrived on scene to take custody of Stoner and transport him to the Somerville Police Department where he was booked by the shift commander, Sgt. DeOliveira.
Ms. Silva was able to take custody of the dog and took her belongings from the vehicle which included a handbag and a phone charger. A search of the vehicle was conducted due to incident of arrest, for inventory, and we discovered a Smirnoff “Root Beer Float” flavored vodka bottle that was almost empty, in the back seat, sticking out of a black bag on the floor behind the passenger seat, within reach of Stoner. The red tumbler that was in the cup holder next to the driver had a strong odor of alcohol. Stoner claimed the alcohol odor was from his passengers in the car the night before. He also claimed he was an Uber driver. The red tumbler, Gatorade bottle, and Smirnoff vodka bottle were all confiscated and will be entered in as evidence.
At the Somerville Police Station, during his booking process, Stoner was extremely uncooperative and argumentative and refused again, multiple times, to perform the Field Sobriety Tests because performing means “he will be paid” and that “he will not perform unless he is paid” and he will not “submit” to the tests because “he will never submit.” He then went on to say he wanted “to be free” and that we are “his servants” and that we are “supposed to help him” and that we need to “expedite the process.”
Stoner was issued Massachusetts Uniform Citations R3699773 and R3699774 for operating under the influence of liquor, open container, no seatbelt, and disregarding traffic control signals.
Stoner was charged with operating under the influence, 2nd offense, disorderly conduct, open container, and use without authority of a motor vehicle. The Dodge Charger Stoner was operating was a rental vehicle from Dollar Rent a Car and was supposed to be returned August 12, 2015. After confirming with Dollar Rent a Car that the vehicle was indeed due back on the 12th, Stoner was in using the vehicle without authority.
Officer Ashley Catatao #299