On 9/28/2017, I (Officer Devin Schneider) was in full uniform while assigned to marked unit East-1, along with my partner, Officer Mark McLaughlin, during the evening shift. The following report is a summary of the events that I witnessed, as they pertain to incident #17060354:

At approximately 9:30 pm, Ofc. McLaughlin and I were dispatched to the area of Medford Street and Highland Avenue for multiple reports of an erratic driver. I would respectfully note, that all streets, highways and Avenues mentioned in this report are public ways. Dispatchers informed the responding officers that the reporting persons had witnessed the operator of a Jeep hit, a curb and multiple street signs. The Jeep had come to a stop somewhere in the area of Medford Street and McGrath Highway with a punctured tire. After a short search of the area, Officer Randy Isaacs (East-2) reported that he had discovered the vehicle at the intersection of McGrath Highway of Prospect Hill Avenue.

Officer McLaughlin and I arrived on scene a short time later where we observed a Jeep Cherokee parked to the right of McGrath Highway, Southbound, just before Prospect Hill Avenue, with the hazards lights on. The area where the Jeep was parked was approximately one hundred yards from the location of where the reported collision with the street signs had occurred. The Jeep was running and Officer Isaacs was standing outside the vehicle talking to a male. The front passenger side tire was punctured and completely flat. I spoke with the male, who identified himself as the operator of the vehicle. I demanded the operator to produce his driver’s license, to which he complied and was identified via his M.A. state driver’s license as Joseph Medeiros. As I spoke with Mr. Medeiros, I detected the strong odor of alcoholic beverage emanating from his breath. I observed that Mr. Medeiros had glassy, blood shot eyes. As Mr. Medeiros spoke, I could not discern through his thick accent if he was slurring his words.

Mr. Medeiros stated to me that he had a flat tire and was waiting for his sister to come pick him up. Mr. Medeiros consented to a series of standardized field sobriety tests. I would respectfully note, I am certified in Advanced Roadside Impaired Driving Enforcement. I used a SFST scoring sheet to record the results of the field sobriety tests.

I asked Mr. Medeiros the following questions prior to the field sobriety tests:

– Are you wearing glasses or contacts? Mr. Medeiros stated he was not.

– Do you have any medical conditions or physical impairments that would prevent you from taking these tests? Mr. Medeiros laughed and stated that he did not.

– I asked Mr. Medeiros if he had consumed any alcoholic beverages, and he stated he had not.

Mr. Medeiros was wearing sneakers and he indicated he was comfortable wearing them for the tests. The area where the tests were taken was a paved sidewalk, with a slight incline, free from any apparent defects, in an area well-lit by street lights and officer’s flashlights. I used the tip of a silver pen as a stimulus for the eye tests.

I performed the following tests:

HORIZONTAL GAZE NYSTAGMUS (HGN)

I checked that Mr. Medeiros had no resting Nystagmus and his eyes were equally tracking. I checked for lack of smooth pursuit. I observed lack of smooth pursuit in both the left and right eyes, indicating 2 clues of impairment. I observed distinct and sustained nystagmus at maximum deviation in both the left and right eyes, indicating 2 clues of impairment. I observed nystagmus prior to a 45 degrees angle in the left and right eyes.

VERTICAL GAZE NYSTAGMUS (VGN)

I observed vertical Nystagmus.

WALK AND TURN (Explained and demonstrated)

The walk and turn test is a divided attention test, in which prior to the test, the test taker is directed to stand in the starting position and maintain that position until told to start the test. The test was administered along a painted in on the street pavement. Mr. Medeiros assumed the starting position of the test.  Mr. Medeiros was unable to maintain his balance during the instructional phase of the test which is a validated clue of impairment. After demonstrating the walk and turn test, I asked Mr. Medeiros if he understood the test or had any questions about it. Mr. Medeiros stated that he understood, and began the test. During the walk and turn test, I observed Mr. Medeiros miss his heel to toe, step off line, stop while walking, turn improperly, count the wrong number of steps, and use his arms for balance. For the walk and turn test, 2 out of 8 validated clues indicate impairment. Mr. Muse exhibited 7 out of the 8 validated clues for the walk and turn test, indicating impairment.

ONE LEG STAND (Explained and demonstrated)

After explaining and demonstrating the one leg stand to Mr. Medeiros, I asked if he understood or had any questions about the test. Mr. Medeiros stated that he understood. During the test, Mr. Medeiros dropped his foot, used his arms for balance, and swayed. After counting to approximately 3 seconds, Mr. Medeiros stopped began the test again. Mr. Medeiros repeated this cycle of counting to 3 and stopping several times before dropping his foot, stumbling, and almost falling to the ground. The test is designed to have the test taker count to approximately 30 seconds. 2 out of 4 validated clues for the one leg stand test indicate impairment, Mr. Medeiros exhibited 3 out of 4 validated clues indicating impairment.

MODIFIED RHOMBERG

In this test, the test taker is instructed to stand with their hands and feet together, tilt their head back, and silently estimate the passage of thirty seconds. I used a stopwatch function on my cell phone to keep track of time. Despite detailed instructions, Mr. Medeiros would count out loud and would have to repeat the test. On the third attempt, Mr. Medeiros performed the test correctly. Mr. Medeiros stopped after 22 seconds.

Based on my training, experience, and the results of field sobriety testing, I formed the opinion that Mr. Medeiros was operating impaired under the influence of alcohol. Officer McLaughlin affected the arrest of Mr. Medeiros, placing him in handcuffs (double locked) in a manner consistent with his training. Mr. Medeiros was transported back to the Somerville Police station where he was booked by the Commanding Officer, Lt. William Rymill. Mr. Medeiros was then transported to the Medford State Police barracks to conduct the chemical breathalyzer. Mr. Medeiros refused to conduct the test.

I would note, two witnesses were on scene who provided statements to Officer McLaughlin. For further information of their statements, and information on the damage to the street signs, refer to Officer McLaughlin’s supplemental report. Officer McLaughlin issued Mr. Medeiros uniform citation #R8605183. A query of Mr. Medeiros board of probation summary revealed that he has been charged with Operating Under the Influence in the past (Arraigned in 8/25/1997, Fall River District Court Docket #9732CR4795A).

Mr. Medeiros is charged with the following crimes:

-Ch. 90 / S. 24: Operating Under The Influence of Liquor, 2nd Offense

-Ch. 90 / S. 24: Operating To Endanger

-Ch. 90 / S. 24: Leaving the Scene of Property Damage

Respectfully submitted,

Officer Devin Schneider

Badge #295