On February 11, 2018, while assigned to marked unit West-6, I responded with West-5 (Officer W. Collette) to the area of Trum Field, 550 Broadway, for reports of a motor vehicle accident involving a pedestrian. Upon my arrival I saw a group of people standing around a man on the ground in front of xxxxx, a public way in the city of Somerville. I checked on the victim, later identified as Mr. XXXX. Mr. XXXX was lying face down in the middle of the street with a bicycle that looked heavily damaged a short distance from him. While I was attempting to prevent him from getting up, another male, later identified as Mr. Alexander Aiello came up to me and started to explain what had happened. I asked if he was the driver involved in the accident and he replied “yes”. I asked for him to stand to the side of the road, as I was focused on the immediate needs of Mr. XXXX. Traffic Unit, Tango-9 (Officer Lorenti), Arrived on scene along with Somerville Fire and as Fire was addressing the medical needs Officer Lorenti went to check on the operator and the striking vehicle. Officer Lorenti stated he believed Mr. Aiello to be intoxicated. I then went and spoke to Mr. Aiello and now that I was able to pay attention to him I noticed he was slurring his speech, was very unsteady on his feet, and his eyes were glossy and bloodshot. I asked Mr. Aiello if he would submit to field sobriety tests, to which he agreed.
I walked Mr. Aiello over to the sidewalk where we would be out of the street and where it would be flat. The ground was not dry as it had been raining for a majority of the day and it was well lit. I asked Mr. Aiello to stand with his feet together and his arms down by his side. Mr. Aiello stumbled several times and was then able to regain his balance. I read Mr. Aiello the instructions for the tests from a booklet issued to me by the MPTC in the Lowell Police Academy, to which I will attach a copy of to this report.
Prior to the tests I asked Mr. Aiello if he wore contacts or glasses and he said no. I also asked him if he had any chronic or current injuries, to which he also replied no.
The first test was the Horizontal Gaze Nystagmus:
I instructed Mr. Aiello to keep his arms down by his sides, feet together and using his eyes only, without moving his head, follow the tip of a blue light I keep in my pocket. It took several times to complete this test as Mr. Aiello continually followed the light by moving his head. Mr. Aiello had lack of smooth pursuit in both eyes, there was distinct and sustained deviation in both eyes, and had onset of Nystagmus prior to 45 degrees. Mr. Aiello did not have vertical Nystagmus.
The next test was the walk and turn:
I began by reading the instructions from the same booklet. I asked Mr. Aiello to use the seam in the concrete sidewalk as a line. I asked him to place his left foot on the line and put the heel of his right in front of his left, so they would be touching and to keep his arms down by his sides. As I explained this Mr. Aiello had to put his arms up several times to keep balance and twice stepped off the line to catch himself. I explained to Mr. Aiello that he would be taking nine heel-to-toe steps on the line, while watching his feet, and keeping his arms down by his sides. I explained to Mr. Aiello that he would be counting out loud and after nine steps that he would be turning around using small steps. I then demonstrated the manner to which I wanted him to take steps and turn. On Mr. Aiello’s initial nine steps, he stepped off the line at steps two and five. On Mr. Aiello nine steps back he stepped off at two, six, and seven.
The last test that I administered was the One-leg stand:
I asked Mr. Aiello to stand with his feet together and his arms down by his side. I then instructed him that he would be raising one foot of the ground, keeping it parallel to the ground. I further explained that while raising his foot, he would count out in the following manner: One thousand and one, one thousand and two, one thousand and three, Etc. I instructed him that he would do this until I instructed him to stop. I then demonstrated the test and asked if he understood. He replied “yes”. Mr. Aiello was not able to keep his foot off the ground for more than one second at a time. After Mr. Aiello dropped his foot for a third time I instructed him to stop as I was concerned he may then fall and injure himself.
I placed Mr. Aiello in handcuffs (DL) and read him his Miranda rights from a card I keep in my pocket. I asked Mr. Aiello where he had been coming from and he informed me he was at XXXX and then a party after. I asked Mr. Aiello how much he had to drink and he said “A good deal”. Mr. Aiello was unable to specify further than that. Officer Collette joined me at this time and we asked what had happened in the accident. Mr. Aiello continually apologized and stated that the bicycle hit him, and he did not hit the bicycle. He further stated that the bicycle had just slipped out in front of him.
Mr. Aiello was transported to the station in the marked prisoner transported vehicle, Unit-200, by Officer McDaid. Mr. Aiello was booked in the usual fashion by Lt. DeOliveira.
An inspection of the striking vehicle showed damage to the front drivers side headlight, the hood, and the windshield. I would like to note that Mr. XXXX was carrying a case of Corona when he was struck and that there was a label belonging to a beer bottle, still attached to glass, and what appears to be the bottom of a beer bottle, inside the headlight of Mr. Aiello’s vehicle. Also inside the headlight compartment was a piece of blue and white cardboard, consistent with the cardboard case the beer Mr. XXXX was carrying comes in. Pictures of the crash scene will be attached to this report.
After the booking of Mr. Aiello, I administered a breathalyzer test. Mr. Aiello’s results were 0.20.
All pictures will be attached to this report and the proper paperwork will be tagged and submitted for evidence.
Officer Christopher Fusco #328