On Monday, December, 7, 2015, while in marked unit East-2 with Officer Soares, we were dispatched to 290 Washington Street, (Argenziano Elementary School) a public way, for a check condition. A crossing guard had called in to say that there was a male in a Chevy Tahoe, and that he was “nodding off” in the vehicle. Upon approaching the area, I observed a blue Tahoe with matching license plates parked on the Washington Street Bridge next to the school. At this time, I noticed that the engine was running via the exhaust coming from the tail pipe of the vehicle. Once next to the vehicle, I could see an individual later identified as Kevin Buckley, slumped over the center console in the front seat. At this time Officer Soares exited the cruiser, opened the door to the vehicle, and turned off the ignition. Upon my own approach to the vehicle, I noticed a brown viscous liquid on the ground by the front, driver’s side door of the vehicle. Officer Soares told me to “watch out, there’s vomit everywhere”. It also took several attempts to wake up Mr. Buckley. Officer Soares had to shake Mr. Buckley’s left shoulder to get a response from him. Mr. Buckley was asked to exit the vehicle several times before he complied. Upon exiting, I noticed Mr. Buckley had vomited on the inside of the vehicle as well, inside the storage compartment on the driver’s door, and also on the floor right below where he was sitting. It was also observed that Mr. Buckley had vomit on the left leg of his pants, and on the chest of his T-shirt. We asked Mr. Buckley to come to the rear of the vehicle to exit the path of traffic for his and our safety due to the volume of traffic for a Monday morning. Mr. Buckley seemed very confused, and was unable to properly put his shirt on without help. He continuously put his head through the sleeve of his t-shirt and his arm through the “neck hole”. Once he properly put his shirt on, he did come back to the rear of the vehicle. While walking to the rear of the vehicle, Mr. Buckley was very unsteady on his feet. While talking to Mr.Buckley I noticed his eyes were glassy, his speech was slurred, and I could smell a strong odor of an alcoholic beverage coming from his breath. As our interactions continued, I observed Mr. Buckley swaying, back and forth and having a circular motion to his upper body. Mr. Buckley, also asked several times “Where am I?”
When asked if Mr. Buckley would perform field sobriety tests, he declined. Mr. Buckley was then arrested and transported to the police station via prisoner transport vehicle, Unit 200. Upon arrest Mr. Buckley got agitated, and started asking why he was being arrested. It had to be explained to him several times, and he informed us that “I thought this is what you’re supposed to do”. When I asked him what he meant he indicated at not performing the field sobriety tests. With the permission of Sierra Nine, Sergeant Fusco, Mr. Buckley’s vehicle was towed incident to arrest by Pat’s Towing. Upon inventorying the vehicle, I found bottles and cans of beer of varying brands in the back seat in crates. An open bottle of Coors Light which had only a “splash” left in the bottom of the bottle was located in one of the crates within reach of the driver’s seat. In the front center console, I found an unknown metal bottle cap consistent with one that would be on a glass bottle with the emblem “B” on it. Also in the center console were three empty “Nips” of Jameson Whiskey, and one full nip of Jameson Whiskey. There was also a knife on the front passenger seat to which was confiscated for safekeeping. Mr. Buckley informed us he is a chef, and it is for work.
Note: There were several crates of food and a chef’s uniform in the vehicle.
Prior to booking at the station, Mr. Buckley continued to look unsteady on his feet, and when placed in a cell to use the restroom, he was unable to manipulate the string on his pants, and was continuously asking “Is anyone ever this nice to you guys?” all of which was slurred. Lieutenant Mulcahy read Mr. Buckley his Miranda Rights, and after which Mr. Buckley told one of the booking officers, post Miranda, that he was at a Christmas party the night before. Mr. Buckley refused to perform field sobriety tests at the booking window and the breathalyzer test. Mr. Buckley was charged with and cited for operation of a motor vehicle while under the influence of liquor. MA citation number R6615552
Respectfully Submitted,
Officer Christopher Fusco 328