RAMON DECARVALHO Arrest

Narrative

The following is a summary pertaining to Incident # 15046231:

 

                On Thursday September 17, 2015, I Officer Michael Cabral was assigned to marked cruiser 871 for the Somerville Police Department. At 10:36 PM, I was dispatched along with Officer Perrone to Cross Street and Randolph Place (both public ways within the City of Somerville) for a motor vehicle accident with injury, with a vehicle that rolled over.

 

                Upon arrival, we found a red motor vehicle completely rolled over in the middle of Cross Street. I advised Somerville Control to start another unit to assist with blocking off the road and for a Traffic Unit. Somerville Fire arrived on scene to access any hazards from the motor vehicle, while Officer Perrone and I spoke to a male who was identified as Mr. Ramon Carvalho standing by the vehicle. I asked Mr. Carvalho if he was driving the vehicle and he stated yes but I don’t have a license. As he spoke I could smell a strong odor of an alcoholic beverage coming from his breath, Mr. Carvalho was slurring his words and had glossy eyes. I then asked Mr. Carvalho if he was ok and he stated “yes”. Street-Supervisor Sergeant Tam arrived on scene with Officer Pasqualino, Sergeant Detective Whalen and Traffic Unit Officer Hickey.

 

                Mr. Carvalho made a statement to Officers on scene that he had $10,500 cash in the trunk of the car. At this time, I read Mr. Carvalho his Miranda rights from a card that I keep clipped to my notebook in my chest pocket of my vest. Mr. Carvalho understood his Miranda rights and was asked if he would speak to me which he stated “yes”. I asked Mr. Carvalho why he had $10,500 in cash on him? He stated, “I cannot trust people and that money is from the winter time from my jobs that I do, I am a roofer”. Mr. Carvalho was asked how many drinks he had tonight and he stated “2”.

 

                I advised Sergeant Tam about Mr. Carvalho’s comment of the money that was in the vehicle while Cataldo Ambulance arrived on scene to medically evaluate Mr. Carvalho. After Cataldo paramedics evaluated him, I signed a medical refusal for Mr. Carvalho. At this time, I asked Mr. Carvalho if he would be willing to conduct some Field Sobriety Tests due to the fact that I believed he is Under the Influence of Alcohol. Mr. Carvalho said “yes”.

 

*************************************************FIELD SOBRIETY TESTS**************************************************

 

                I brought Mr. Carvalho over to a well lit area on the street where there was no bumps or damage that would give Mr. Carvalho a unfair test. I explained to Mr. Carvalho that there will be 3 tests that I will be conducting with him to determine if he is under the influence. I asked Mr. Carvalho if he has any medical conditions or medical injuries that will prevent him from doing the tests? He stated, “No just my tooth”. I advised him that we will begin the tests starting with the Horizontal Gaze Nystagmus Test.

 

Horizontal Gaze Nystagmus Test

 

                I explained to Mr. Carvalho the instructions for this test from a card that I keep in my vest chest pocket. I explained to Mr. Carvalho that the first test is called the Horizontal Gaze Nystagmus Test: I explained that for this test I want him to follow the tip of my pen with his eyes only and to not move his head. I asked him if he had any medical conditions that would prevent him from conducting this test? He stated “no”. I advised Mr. Carvalho again to follow just the tip of the pen with his eyes and not his head and that we will begin the test.

 

                I moved my pen slowly horizontally to test his eyes for three things. 1) Failure to follow a moving object smoothly, 2) If jerking is distinct when the eye is at maximum deviation and 3) If the angle of onset jerking is within 45 degrees of center. Throughout the test Mr. Carvalho failed to follow the pen with just his eyes as his head would jerk with every motion with the pen, he was also unable to keep a steady smooth onset during maximum deviation and 45 degrees to center as his eyes continued to jerk to the center and back over to the pen.

 

                In my training an experience Mr. Carvalho failed the HGN Test. The next test given was the Walk and Turn Test.

 

Walk and Turn Test

 

                I advised Mr. Carvalho that the next test we will be doing is the walk and turn test. I told Mr. Carvalho that I will demonstrate the test and explain the instructions and he is to wait till I say he can begin, he understood. I told Mr. Carvalho that in this test I want him to start with right foot in front of his left foot, touching heel to toe and to keep his hands at his sides the entire time. I advised him that when it is time to start the test he will walk in a straight line heel to toe. After completing his ninth step he is to keep his right foot on the ground turn around and come back nine steps with his arms down to his side and count out loud each step. I asked Mr. Carvalho if he understood the instructions, he said “yes” I asked if he had any medical conditions that would prevent him from doing this test? He stated “no”. I advised Mr. Carvalho that he could begin.

 

                My observations of the test, I noticed that Mr. Carvalho on several occasions had to lift his arm for assistance in balance and did not count out loud. Mr. Carvalho when making his turn to come back he swung his entire body around instead of leaving his foot flat on the ground.

 

                In my training and experience Mr. Carvalho failed the WAT. The final test given was the One-Leg Stand.

 

One-Leg Stand

 

                I advised Mr. Carvalho that the next test we will be doing is the One-Leg Stand test. I told Mr. Carvalho that I will demonstrate the test and explain the instructions and he is to wait till I say he can begin, he understood. I told Mr. Carvalho that in this test I want him to start with both feet together and arms down to his side, when I say begin you will lift one leg and point your toes forward and count to 30 seconds by counting out loud like this; 1001, 1002, 1003 … until 30 seconds. I asked Mr. Carvalho if he understood the instructions, he said “yes” I asked if he had any medical conditions that would prevent him from doing this test? He stated “no”. I advised Mr. Carvalho that he could begin.

 

                My observations of this test, I noticed that Mr. Carvalho had to lift his arm to maintain balance and he could not keep his leg elevated for the full 30 seconds of the test.

 

                In my training and experience Mr. Carvalho failed the OLS.

 

At this time, I requested Somerville Prisoner Transport Vehicle (unit-200) to respond to my location at Cross Street and Pearl Street. I advised Mr. Carvalho to place his hands behind his back and I placed him into my handcuffs and advised him that he was under arrest for Operating a Motor Vehicle Under the Influence of Alcohol.

 

                While waiting for 200 to arrive on scene, Pats Tow was attempting to roll the car over. Officer Hickey was filing the accident report for this incident and came to the conclusion that MV 1 (Mr. Carvalho) was traveling north on Cross Street when he made contact with a parked vehicle (A dodge pickup truck). When he made contact with the parked vehicle the shift of momentum caused the vehicle to flip onto its roof a slide to a stop.

 

                Unit 200 arrived on scene operated by Officer Ducasse. Officer Ducasse transported Mr. Carvalho to Somerville Police Headquarters to be booked by Lieutenant Vivolo.

 

                Due to the incidents that occurred with Mr. Carvalho he was arrested and cited (R6070037) for the following charges:

90/24 – Operating a Motor Vehicle Under the Influence of Alcohol

90/23 – Operating a Motor Vehicle after suspension of a license

90/24 – Operating a Motor Vehicle to Endanger

 

 

Respectfully submitted,

 

 

Officer Michael R. Cabral #323

Somerville Police Department