On Saturday, April 22, 2017, I, Officer David Ruf, was in full-uniform and assigned to marked cruiser East-2, for the Somerville Police Department. At approximately 1:33 A.M., Officer Beckford (East-3) and I were dispatched to the area of 54 Elm Street for a motor vehicle accident.
Upon arrival, we located a Massachusetts registration XXXXX that matched the description that dispatched put out. The vehicle was located at the corner of Elm Street and Porter Street, both public ways in the city of Somerville, which is approximately two blocks away from where the vehicles were struck on Cedar Street. I activated my blue lights and sirens to conduct a motor vehicle stop. I exited my cruiser to approach the operator of the vehicle. I knocked on the window and asked the operator, Robert SULLIVAN, to step out of the vehicle. SULLIVAN appeared to show signs of aggression by clinching his fists and taking a fighting stance. I also immediately could smell a strong odor of an alcoholic beverage coming from his person. SULLIVAN also was very unsteady on his feet; he had slurred speech and glassy red eyes. I asked SULLIVAN if he had anything to drink tonight and he stated “no”. I noticed an open container of Bud light in the center console cup holder with a quarter of the beverage left in the container. I advised SULLIVAN 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. SULLIVAN advised that he didn’t have any medical reasons and stated “I don’t give a fuck, do what you got to do.”
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 test, he was unable to complete the test fully. 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. During the instruction and demonstration he kept stating “What the fuck you want me to do, fuck yeah I understand, what the fuck you want me to do” as I was explaining. Officers made sure that the test area was flat, and well lit with the cruiser spot lights. As he was starting the test a female, later identified as YYYYY, approached officers and stated “no don’t take it, refuse, you’re going to fail anyways, you’re too fucked up.” Officer Beckford approached the female and ordered her not to interfere. I then asked SULLIVAN if he would continue the tests, he stated in an aggressive manor “I don’t give a fuck, do what you got to do, just fucking arrest me. I don’t want to take the fucking test anymore, I refuse” He refused to cooperate and participate in the test. Based on my observations, I placed SULLIVAN under arrest for OUI Liquor. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Radochia, and booked by Sergeant Marino.
During the booking process, Sergeant Marino advised SULLIVAN of his rights, and asked him to submit to a chemical test of his breath. SULLIVAN attempted three times, but was unable to complete the test.
I issued citation R8324504 to SULLIVAN for the following offenses:
M.G.L c90 / §24 OUI liquor
M.G.L c90 / §24 Leaving the scene of property damage – two counts
M.G.L c90 / §24I Alcohol from an open container
The vehicle was towed via Pat’s towing. During the inventory of the vehicle, damage was observed to the driver’s side of the vehicle consistent with the fresh damage to the vehicles that Officer Beckford observed on Cedar Street, a Massachusetts registration ZZZZZ and a ZZZZZ. Inside the vehicle behind the driver’s seat was empty box that appeared to contain Smirnoff grape nips, a Bud light six pack with two unopened Bud light cans still attached. On the passenger side floor was an empty six pack strip and what appeared to be a cap from a Smirnoff grape nip. Also located under the passenger seat was an empty Smirnoff grape nip. Photos of the inventory will be attached to the end of this report. The open Bud light can and Smirnoff grape nip were confiscated and will be placed into evidence.
Officer David Ruf #334
Somerville Police Department