Real Life Somerville Police Stories:Herver MEDRANO (OUI Liquor, Unlicensed Op. of MV)

   
 
On Sunday, May 1, 2016, while assigned to patrol in marked unit East-one, I was dispatched to the area of Broadway and Franklin Street along with unit East-Four, Officer Goulart, for reports of a vehicle operating erratically. Dispatch had informed us that the RP gave a license plate of MA registration 752TG1, which came back to a 2007 white, Nissan Murano. Upon arrival I was flagged down to the next street, which is Hathorn Street, I met with said RP who identified himself as XXXXX. XXXXX stated that the white SUV had gone down Franklin Street the wrong way. Officer Goulart made his way to Franklin where he witnessed a white suv fitting the description given to us and matching the registration to the one given by the RP to dispatch driving up Franklin Street which is a public way in the city of Somerville towards Broadway and informed me of such over the radio.

      Upon approaching the vehicle I encountered a man later identified as Herver Madreno. At this point Officer Goulart had ordered Mr. Madreno to turn the vehicle off. I asked Mr. Madreno what was going on and if he was ok. Mr. Madreno did not answer me and Officer Goulart said that Mr. Madreno told him he didn’t speak English. At this point Officer Goulart asked dispatch if a Spanish speaking officer was available. Unit East-Two, Officer Goncalves responded.

     Mr. Madreno then exited the vehicle and was uneasy on his feet. For this reason I directed him to stand against the wall for balance in fear for his safety. I noticed Mr. Madreno’s eyes were glassy, and dilated. Mr. Madreno continuously attempted to speak to Officer Goulart and myself, but was unsure what he was saying. It was at this time I could smell the odor of an alcoholic substance emanating from his person.

     Officer Goncalves arrived shortly after and assisted with translation. She asked several times for Mr. Madreno’s name to which he had trouble telling us. He was having much difficulty spelling his name and was slurring his speech by Officer Goncalves’s account. While standing against the wall Mr. Madreno, several times almost fell over.

     Through Officer Goncalves as a translator I asked Mr. Madreno if he would submit to a field sobriety test to which he replied yes. Due to the rain Mr. Madreno was brought over to an awning on the side of the building where it was also lit.

 

     Horizontal Gaze Nystagmus (HGN).

     Again all instructions were directed through Officer Goncalves.

    

     Using my SFST administrative guide, I read Mr. Madreno instructions for the HGN testing. Mr. Madreno acknowledged that he understood the instructions that I had read to him. I checked that Mr. Madreno had no resting Nystagmus and his eyes were equally tracking. I checked for lack of smooth pursuit. I observed a lack of smooth pursuit in both the left and right eyes, indicating two clues of impairment. Mr. Madreno had to be told several times not to move his head while following the pen. Mr. Madreno also had distinct and sustained Nystagmus at maximum deviation also in both eyes, which were two more clues of impairment. Mr. Madreno had onset Nystagmus prior to 45 degrees in both his left and right eye. Mr. Madreno had shown6 clues indicating impairment.

     I then asked Mr. Madreno if he had any injuries that would stop him from performing any other tests; he informed us that he had pain in his legs that he would attempt the tests. After explaining the one leg stand test he said he no longer wished to perform the tests. Based off the evidence I had at this point I placed Mr. Madreno under arrest for suspicion of operating under the influence of alcohol, handcuffing and double locking according to department policy.

     At this time I called for a tow or the vehicle Mr. Madreno was operating due to it being parked in a no parking lane. Upon inventory of the vehicle there were several empty beer cans on the passenger side floor of the vehicle and several in the center console of the front seat of the car. There was a strong odor of alcohol emanating from inside the cabin of the vehicle which I found to be a half filled Dunkin Donuts Cup in the front seat cup holder.

     Mr. Madreno was transported to the Somerville Police Station via Prisoner Transport Vehicle unit 200 by Officer Koury, and was booked in the usual manner by Lieutenant Rymill. Mr. Madreno was explained his Miranda Rights and his 263. Section 5 rights.

 

     Mr. Madreno was issued Massachusetts Uniform Citation R7230692 and was charged with Operation under the influence, negligent operation of a motor vehicle, and operating a motor vehicle without a license.

 

 

 

Respectfully Submitted,

 

Officer Christopher Fusco #328

 

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