On Saturday, July 16, 2016 at approximately 1752 hrs, I was working in full uniform for the Somerville Police Department, assigned to West 7, when I was dispatched to 92 Powderhouse Blvd for a reported vehicle accident. Powderhouse Blvd is a public way in the city of Somerville that has two lanes of travel. One east bound and one west bound. The lanes are divided by two solid yellow lines painted down the center.
On arrival to 92 Powderhouse Blvd, I observed three vehicles in the west bound lane, all three were unoccupied. I was flagged down by one of the individuals standing on the side of the road. As I exited my vehicle, I first inquired if everyone needed medical aid and everyone there declined. I then asked for each operator of each vehicle involved to provide me with a license and registration so that I may begin my crash report. XXXXX had informed me, she wasn’t operating her vehicle and that it had been parked on Powderhouse Blvd at the time of the crash. She had only heard the crash and came out of 92 Powderhouse Blvd to find that her vehicle had been hit. YYYYY and her friend, ZZZZZ, had been loading the U-Haul truck at the time of the crash. They were standing in the yard of 96 Powderhouse Blvd. YYYYY observed the crash. She witness the gray Toyota, traveling west bound, collide with the parked vehicle and then continue traveling west until it collided with the rear of the U-Haul truck and come to a rest. There was no damage to the rear of the truck
When I asked for the owner of the gray Toyota, a male, later identified as Edward Costello, admitted to being the owner and operator of the striking vehicle. I asked if he was the only one in the vehicle of the time of the crash and he replied “Yes”. I asked if he had his license and registration, he had stated it was in his vehicle. I had asked Costello, what might have been the cause of the crash. He went on to explain that he was an Uber driver and had been driving all night and when he gets tired, he likes to pull over to the side of the road. As he explained his version of the crash, his speech seemed to be slow and drawn out. A white unknown substance formed in the corner of his mouth as he spoke. As Costello walked over to his vehicle, he appeared to be unsteady on his feet and had difficulties walking. When he reached into the motor vehicle to retrieve his license, Costello went to hand me his wallet. I asked for him to retrieve his license for me and when Costello did, he handed me a bank card. He turned to get the registration and I had to inform him of his mistake. I asked again if he was okay, because he was now swaying as we stood and talked. I had also noticed that Costello’s pupils were larger than normal. It was a extremely bright day and Costello was facing the sun. Based on my training and experience, the human pupil retracts when it is in bright light. Costello’s pupils weren’t reacting.
With my observation of Costello, I was now concerned, even though I didn’t sense or detect an odor of alcohol, that he may be under the influence of alcohol or a drug. I let him know my concerns and asked if he would be able to conduct a Field Sobriety Test for me, because of what I was seeing. I had observed enough of his actions to led me to believe that he was under the influence and that his ability to operator a motor has been impaired and after a long pause, he agreed to conducted the test.
We moved over to the sidewalk and level ground. I asked if he had any medical conditions and physical disabilities that would hamper his ability to conduct or complete these tests. He replied “No”. Costello was read his Miranda Rights which he stated he understood and I began the test with the Walk and Turn. I informed Costello the importance of waiting unto I was finished with the demonstration before he began and asked if he understood. He replied “yes” I began by demonstrating the heel to toe, 9 steps, pivot turn, and the 9 steps back. As I turned to return, I saw that Costello had started to conduct the test without being instructed. I again informed him that it was important for him to wait for my instructions. As he began, he had trouble lining up his feet one in front of the other. As he walked the 9 steps, his forward foot always came down to the side and he counted the wrong number of steps. He walked off two or three steps before returning to the spot in which he was to make his pivot turn, which he did not make. On the walk back, he missed each heel to toe and fell off balance twice.
On the One Leg Stand, Costello put his foot down three times and when asked to rise it to 6″, he began to lose his balance and hop. When he was finally able to catch his balance with his foot raised 6″, he was only able to maintain the stand for approximately 15 seconds.
After the failed Field Sobriety Test and my observations, I placed Costello under arrest. He was handcuffed. After being handcuffed, Costello admitted to taking some “Xanax” Costello was transported to Somerville Police Department where he was booked by Lt. DeOliviera.