On 11/15/15 at approximately 5:34am, I was patrolling in marked unit East-3 in full uniform when I, along with East-2 ofc. Ramirez and S8 Sgt. Ward, were dispatched to 96 Highland Avenue, a public way in the city of Somerville, for an assist.

 

Upon arrival, I was met by XXXXX who witnessed a Mr. Kevin Darosa slumped behind the wheel of MA Registration 233WZ8 in front of 96 Highland Avenue. XXXXX explained to me that he was behind Mr. Darosa and noticed that he was stopped and was not moving in the middle of the street. He pulled up beside Mr. Darosa and asked him if he was ok. Mr. Darosa looked at him, refused to respond to XXXXX and put his vehicle in reverse and started to back up the street. XXXXX told Mr. Darosa to pull over the vehicle as he thought Mr. Darosa appeared out of it and was concerned he was going to crash his vehicle. After XXXXX told him to pull over for a second time, he was able to move his vehicle over towards the side of the road. Mr. Darosa then attempted to exit his vehicle but XXXXX pulled up next to his driver’s side door so that he could not get out. XXXXX called the Somerville Police to respond to help assist.

 

Officer Ramirez was the first to arrive on scene and immediately noticed that the car was running and there was fresh damage to the front driver’s side bumper and more damage all the way down to the back of the car. He went up to the driver’s side window which was still up. He asked Mr. Darosa to put his window down. Instead of putting his window down, he turned the ignition to his car off, took the keys and opened the driver’s side door. Ofc. Ramirez noticed a strong smell of alcohol as soon as the door opened. S8 Sgt. Ward and I arrived on scene shortly after.

 

I went up to Mr. Darosa who was still sitting in his vehicle with the door open. I asked Mr. Darosa what his name was and what was going on. Mr. Darosa looked at me and smiled and did not say anything. I would like to note that Mr. Darosa was slumped in his seat and his head was slumped down towards his chest. He also had red glassy eyes and a strong odor of an alcoholic beverage was present on his person. I asked Mr. Darosa for his name again and he continued to look at me and mumbled something incoherently before saying that he knew what his name was in a slurred manner. At this time, XXXXX came up behind me and said that he had been reaching for something underneath his seat before we had arrived. I told Mr. Darosa that I believed he had been drinking and asked him to step out of the vehicle. He did not respond to my request. I asked him to step out another time and he still did not move from his seat. I asked him for a third time and placed my right hand on his left arm to help him get out of the car and he still refused to move as I tried to help him up. Not knowing what was underneath his seat and his refusal to cooperate to my commands, Ofc. Ramirez and I grabbed him out of his driver’s seat. Mr. Darosa did not help us at all to get out of the vehicle and he let his whole body fall on top of mine which knocked me over until we fell to the ground with him on top of me. Mr. Darosa was immediately told to put his hands behind his back as we struggled to put handcuffs on him. He was placed under arrest and I read his Miranda Warnings from a card. Mr. Darosa was unwilling to do any field sobriety tests. He interrupted me multiple times as I read him his rights with incoherent mumbles and saying the word yea over and over again. When I asked if he would like to speak with me, he stated I’m not stupid, I’m not saying anything that can incriminate myself. He also said that he and the police are all the same and asked me to put his shoe on for him that came off when he fell on top of me. I would like to note that he was still on the ground at this point and I was on one knee close to him and could smell a strong alcoholic beverage on his breath. I asked if he had any medical conditions and he did not say anything.

 

Mr. Darosa was transported by unit 200 Ofc. Damelio to the Somerville Police Department and booked by Sgt. Marino. Mr. Darosa refused to take a breathalyzer test and his license was confiscated. He was issued Massachusetts Uniform Citation #R6878108 for Chapter 90 Section 24 Operating Under the Influence of Alcohol. He was also charged with Chapter 268 Section 32B Resisting Arrest.

 

Respectfully submitted,

 

Ofc. Sousa

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