NICHOLAS MCLOUD Arrest
On October 5, 2015, I was on duty in full police uniform and assigned to marked cruiser East Four. I was on Broadway, heading westbound, in route to Somerville Hospital to interview a victim of an previous assault call. While on Broadway, turning left onto Central street, I observed a dark color utility truck sitting in traffic at the intersection. Both streets are public ways in the city of Somerville. The vehicle was not moving. I turned on the alley light of the cruiser and directed it straight to the vehicle. I saw, to my suspicion that the driver, a Caucasian adult male, was sitting behind the wheel of the vehicle, passed out. I felt that was odd. I decided to check on his well being. I stopped my cruiser on the opposite lane, next to the vehicle and notified Somerville dispatcher of the situation.
The vehicle was bearing Massachusetts registration plate 2SH284. Through a CJIS web check, the plate came back active, registered to a 1997 Nissan Pathfinder, color black.
As I approached the vehicle on the driver’s side, I can hear its engine running. I was then preoccupied. I tried to wake him up by banging my flashlight at his window and asking him to wake up. After several attempts, he opened his eyes and sat up straight, then within seconds, he closed his eyes and was unresponsive. I continued with the banging and tried to get his attention. He opened his eyes again, turned his head towards me, put his right hand on the transmission shifter. I told him ” don’t move the vehicle,” and asked him to turn off the engine. He lifted his hand off the shifter and closed his eyes again without turning off the engine.
I requested back up. Right away, Officer Robert Driscoll, assigned to Cruiser West Five, arrived on scene. He approached the vehicle on the passenger side, opened the door, leaned inside the car and pulled the key out of the ignition.
I then opened the car door and asked him if he was all right. He mumbled “what’s going here?”
I smelled a strong odor of alcohol coming from within the vehicle. I noticed that there was a bottle of Samuel Adams beer in the middle console. He was turning his head, moving his hands. It appeared that he was looking for something inside the vehicle within his reach. I asked him to get out of the vehicle. He hesitated, but did step out. I reached in, grabbed him by the arm and helped him out of the vehicle. I noticed that his eyes were glassy looking. I helped him walk to the other side of the street and had him sit down on the sidewalk. I observed that he had wobbly legs while walking him across the street.
Then, I asked him several questions. At first, he did not respond. I requested EMS. The fire department arrived on scene. They asked him if he was all right. He responded that he was fine. The firemen cleared the scene. I asked him to cooperate. I told him that I saw in plain view the open bottle of “Tito’s Handmade Vodka” inside his vehicle, in addition to the empty bottle of Samuel Adams beer and the two remaining unopened bottles in the six pack carrier.
He asked me to help him stand up. I did. He stood up on his own and started moving around. I asked him to perform a few sobriety tests. He agreed.
I instructed him on how to perform the “heel to toe walking test.” First, he did not follow my instructions. Second, he started the test, but did not finish it. He failed walking the straight line as instructed. He did not step heel to toe as instructed. He stopped in the middle of the sobriety test and complained that he was cold. He gave up on finishing the test and walked to a different direction.
I proceeded by placing him under arrest for driving under the influence of liquor. I collected the alcoholic beverages from his vehicle as evidence. His vehicle was towed by Pats Tow, incident to the arrest
At the station, during booking, he was very uncooperative. He refused to take the breathalyzer test.
I issued to him (Mr. Mcloud Nicholas) a mass uniform citation number R3372949, for OUI liquor and violation of city ordinance for open container. He was transported to the station via the wagon and Lt Richard Lavey did the booking.