On 04/24/21016 at around 0212 hours, while in full uniform and assigned to marked unit East 2, I was dispatched to the intersection of Beacon St and Washington St (Both a public way in the City of Somerville), for a check condition on a white Jeep in the middle of the road and the operator of the Jeep hunched over onto the steering wheel. Ofc Prophete (East 3), Ofc Lorenti (East 1) and Ofc Moreira (East 4) also responded.

 

Upon my arrival, I found a white Jeep on Beacon St, awaiting at a traffic light. I was able to clearly, see a white male wearing a baseball hat hunched over on the driver seat. Due to my past experience I strategically, placed the front end of my cruiser with the front end of the white Jeep, to keep the Jeep from rolling forward, in the event the Jeep may happen to be on drive. I also noted the head lights of the Jeep were on and the engine was running.

 

As I approached the driver’s door of the white Jeep, I was able to see the shift lever was in drive and the driver was engaging the brake pedal. Unable to open any of the locked doors to the Jeep, I began to knock on the window to gain the drivers attention, however, there was no reaction from the driver. I then began to knock on the window with my flashlight and eventually, the driver woke up. The driver would later be identified to be Robert O’Rourke. I motioned Mr. O’Rourke to open the door, but he seemed very confused. When Mr. O’Rourke finally, opened the door, I reached inside the Jeep to shift the transmission into park. While reaching into the cabin, there was a smell of alcohol emanating from the inside of Jeep. As I began to speak to Mr. O’Rourke, I noticed his eyes were glassy and blood shot. Also, some of the word were being slurred by Mr. O’Rourke. I asked Mr. O’Rourke if any alcoholic beverages had been consume recently, and he replied with, “very little”. Mr. O’Rourke began to become belligerent and loud. I asked Mr. O’Rourke to exit the vehicle and explained to him due to the circumstances, that I need to administer a field sobriety test. 

 

I was able to find a well lit part of street and used a white line of the bicycle lane as a reference point. The street had recently, been paved and was flat. I asked Mr. O’Rourke to stand on the white line which was illuminated by the street light, and that would be the starting point for the field sobriety test. Ofc Prophete was witness to the field sobriety test. I asked if there had been any injuries to his lower extremities and Mr. O’Rourke stated, he did break his leg many years ago, but wasn’t able to tell which leg he had broken. Also, Mr. O’Rourke was not complaining of any pain or discomfort to his lower extremities. 

 

First field sobriety test was the Nine Step Walk and Turn. I explained to Mr. O’Rourke on what the step and walk entailed. Mr. O’Rourke was unable to count the nine steps properly. He also fell out of balance when trying to demonstrate the Heel-to-Toe, and his body was swaying as he walked back to the starting point on the white line.

 

Then I attempted to administer Horizontal Gaze Nystagmus or HGN Test. I used the pen I carry with me and my flash light for additional lighting. While Mr. O’Rourke followed the tip of my pen, I observed that his eyes had a slight lack of smooth pursuit as he followed the pen to the left and right. However, there was distinct and sustained Nystagmus at maximum deviation (Left and right).

 

With my training and experience, I determined Mr. O’Rourke had been operating a motor vehicle while in the influence of alcohol. I also learned in 2008, Mr. O’Rourke was charged with operating under the influence of liquor.

 

Subsequently, Mr. O’Rourke was arrested for operating a motor vehicle while under the influence of alcohol, subsequent offence.

 

Respectfully submitted,

 

Ofc Ramirez, Jose #259

Somerville Police Dept.