On Sunday, October 24, 2016, I, Officer Paul Beckford, was on duty for the Somerville Police (E2). At approximately 4:56 AM, Officer Fernando Cicerone (E3), and I were dispatched to Beacon St. & Somerville Ave. for a check condition of man asleep in a motor vehicle at a stop light.
Upon arrival, we located a man sleeping behind the wheel. Officers position their cruisers behind the motor vehicle for scene safety. Officers immediately ran over to the man sleeping behind the wheel of the motor vehicle. The man behind the wheel of the motor vehicle was identified as Mr. Benjamin Warren. The vehicle was still in drive and his foot was still on the brake. I quickly reached over Mr. Warren and placed the vehicle in park. I then took the key out of the motor vehicle ignition.
After placing the vehicle in park, I then started to give Mr. Warren several sternum rubs. While I was administering the sternum rubs, Officers were yelling “Sir, please wake up!” After countless attempts, Mr. Warren finally woke up. Mr. Warren seemed pretty discombobulated or confused. Officer Cicerone asked Mr. Warren for his driver’s license. He gave Officer Cicerone a work identification card. Officer Cicerone stated sir, I want your driver’s license not a work identification card. Mr. Warren then gave Officer Cicerone his purse in response to Officer Cicerone request. Mr. Warren’s purse was open and his driver’s license was in plain view. Officer Cicerone secured the license and gave his purse back. At this time Cataldo and Somerville Fire arrived on scene to examine Mr. Warren any injuries. I asked Mr. Warren to step out of the vehicle so that Somerville Fire and Cataldo could examine him. As he was getting out of the vehicle Mr. Warren stated ” This is f**king bullshit, I just want to go home, why did you pull me over for no reason.”
While he was being examined by Cataldo and Somerville Fire. He answered their question and stated that he isn’t on any medication or under the influence of drugs. He also stated that he did not wish to seek medical treatment. He then signed Cataldo’s medical refusal. Based on my training and experience. During my interaction with Mr. Warren, I could smell a strong odor of an alcoholic beverage coming from his person. The motor vehicle also had a strong odor of burnt marijuana. Mr. Warren eyes were glassy. When he was examined by Somerville Fire and Cataldo he appear to be unsteady on his feet. I asked, Mr. Warren where he was tonight. He stated “I was at a bar in Boston celebrating my f**kin friend’s 21st birthday!” I then asked if he had an alcoholic beverages while he was at the bar. He stated “I just had 1 or 2 shots of tequila, that against the law?” I then asked Mr. Warren if he smoked marijuana at any point. He stated “I do smoke, but I didn’t smoke tonight.” I advised, Mr. Warren that I would like for him to perform a series of field sobriety tests. If he was unable to perform the test for medical reasons, he could let me know at any point. Mr. Warren agreed to take the test. He stated “I don’t have any medical problems.”
The first field sobriety test was the Horizontal Gaze Nystagmus (HGN). I instructed, and demonstrated on how to perform the HGN test. I told him to let me know when he’s ready to begin. During the HGN there was a lack of smooth pursuit, and sustained HGN at maximum deviation. I had to stop and demonstrate several times because he was using his head while following the tip of my pen, which was not what I instructed.
The second field sobriety test I instructed, and demonstrated was the walk and turn. Officers made sure that the test area was flat, and well lit with the cruiser spot lights. I noticed that Mr. Warren was wearing heels, so I advised him to take them off just in case the heels mess with his balance. He replied and stated “Why because I’m gay, f**k you.” Mr. Warren agreed to take the walk and turn with his heels on. During the test Mr. Warren was unsteady on his feet and was using his arms for balance. He fell off the line several times to catch his balance. Mr. Warren did not maintain contact between his heels and his toes. He failed to take short choppy steps while turning and he did not count out loud. He did not take 9 steps as instructed and demonstrated, he took 10 steps.
The third field sobriety test that I instructed, and demonstrated was the one leg stand. Again informed him that it might be difficult standing on one leg in heels. Mr. Warren replied with a similar hurtful response. During the test Mr. Warren did not count because he couldn’t maintain his balance. Also, he was using his arms and sudden hops on one leg in an attempt to maintain balance. At one point Mr. Warren placed his left hand on his motor vehicle in a attempt to regain his balance.
Mr. Warren was placed under arrest for OUI Liquor. The motor vehicle was towed by Pats. Mr. Warren was transported to the Somerville Police Station by Officer David Ruf with our transport vehicle (200). Once at the station, he was booked by the overnight Commander Lieutenant Richard Lavey. While at the station Mr. Warren volunteered to take the breathalyzer, which was administered by Officer George Dervishian. Mr. Warren results regarding breathalyzer was 0.125.
Officer: Paul Beckford