0n Sunday, August 13, 2017, at approximately 1:45 A.M., I was dispatched along with Officer Khoury to the intersection of Pearl Street and Hillside Ave., for a motor vehicle accident.
Upon arrival, I observed two vehicles in the middle of the intersection, a gray Nissan Altima bearing Massachusetts registration XXXXX, a white Honda bearing Massachusetts registration YYYYY, and three females and two males were standing on the sidewalk directly across from the accident scene.
Officer Khoury requested licenses and registrations from the involved parties. ZZZZZ, identified herself as the owner and operator of the Nissan Altima and stated that she had two female passengers in her vehicle, Christopher Brogna handed officer Khoury his license and stated “It wasn’t my fault, she just stopped.” Officer Khoury asked Brogna where he was coming from and he replied “Casey’s.” Casey’s is a bar, located at 173 Broadway in Somerville, a short distance from the accident scene.
ZZZZZ stated to me that she was backing out of a dead-end street onto Pearl Street. When she checked for oncoming traffic she saw the white Honda approach the intersection of Pearl Street and Glen Street, and as she crossed the first lane of traffic, she was struck by the same vehicle, causing damage to the front and passenger side of her vehicle.
I asked ZZZZZ if she saw who was driving the white Honda, and she pointed at Brogna and stated “the guy with the beard.” I also spoke with two other witnesses, AAAAA, and BBBBB (passengers) who stated that Brogna was operating the vehicle and a male identified as CCCCC was a passenger.
While talking to Brogna, I detected a strong odor of alcohol on his breath, his speech was slurred; and his eyes were glassy and bloodshot. I asked Brogna to take a field sobriety test, to which he agreed. The test was administered on the side of the road, on a well-lit, flat, non-slippery surface.
The first test I administered was the Horizontal Gaze Nystagmus (HGN)
During this test, I observed a lack of smooth pursuit in both eyes, distinct and sustained nystagmus in both eyes, and an angle of onset prior to 45 degrees in both eyes.
Walk and Turn test:
I instructed Brogna to place his left foot on the line and put his right foot in front of it, with his right heel touching his left toe and keep his hands by his side, then take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine heel-to-toe steps.
During the instructional phase, Brogna lost his balance three times, and swayed. I asked him to return to the instructional position and he stated “I can’t do this, just arrest me.” Brogna was unable to complete the test.
One Leg Stand:
I instructed Brogna to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot parallel to the ground, keep both legs straight and keep eyes on the elevated foot, and while holding that position to count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop.
While standing on his left foot, Brogna raised his right foot for two seconds and put it down, and raised his arms to maintain balance. He attempted a second time and raised his right foot for one second and put it down. The test was terminated for safety reasons.
Based on my observations, I placed Brogna under arrest for OUI Liquor. He was offered medical attention but declined. He was transported to the Somerville Police Headquarters via unit 200, operated by Officer Radochia, and booked by Sergeant Marino.
Both vehicles were inoperable and were towed from the scene. During the inventory process I saw five unopened cans of Heineken beers behind the driver seat, and a small amount of marijuana in a clear plastic bag in the driver side door pocket. The marijuana was recovered and will be placed into evidence for destruction.
During the booking process, Sgt. Marino advised Brogna of his rights, and asked him to submit to a chemical test of his breath. Brogna refused to take the test.
I issued citation# R8325842 to Brogna for OUI LIQUOR and citation# 56726 for open container of marijuana (city ordinance violation).
Officer Samir Messaoudi #312
Somerville Police Dept.