On 05/22/2018, I Officer Thomas Lambert was in full uniform while assigned to marked cruiser East-1 during the 4pm-12am shift along with my partner Officer Devin Schneider. At approximately 3:58pm I was dispatched to 27x Medford St for a report of an incapacitated person inside a vehicle which was called in by off duty Officer Edna Dacosta. SGT. McCarey, (S8) responded to this as well.
Sgt McCarey and EMS were on scene prior to my arrival. Upon arriving, Officer Dacosta explained that she saw a white vehicle Ontario (reg#xxxx) blocking the driveway to 27x Medford St (a public way in the city of Somerville) with a person occupying the driver seat, later identified as Orville Maxwell, who appeared to be nodding off at the wheel with the vehicle running. I learned the following information from Officer Dacosta: When she approached Mr. Maxwell he seemed to be very slow to react and when asked if he was all right, his speech was mumbled. Officer Dacosta asked him again if he was all right and once again mumbled his speech while nodding his head down with his eyes closed. At about this time Sgt McCarey and EMS arrived on scene. EMS checked Mr. Maxwell to ensure he was not suffering from any medical conditions. Mr. Maxwell stated he is diabetic and takes medication, but when checked by EMS his levels were normal(blood sugar level 133). During this interaction with EMS Mr. Maxwell’s speech was slurred and mumbled and still seemed to be delayed. Mr. Maxwell refused medical attention.
We then asked Mr. Maxwell to step out of the vehicle where we directed him to the curb so we could evaluate his ability to safely operate a motor vehicle. My initial observations of Mr. Maxwell were that he had slow movements, droopy eyelids, dazed sleepy appearance, slow to respond to questions and his accent was low, slow and raspy. At this time Officer Schneider administered a series of roadside coordination tests to determine if Mr. Maxwell could safely operate a motor vehicle. See Officer Schneiders supplemental report for a detailed accounting of the coordination tests. Based on my observations and the tests administered by Officer Schneider, I decided to place Mr. Maxwell under arrest for OUI drugs. I then handcuffed Mr. Maxwell behind his back, checked the handcuffs for tightness and double locked them for safety. I then readjusted the handcuffs per Mr. Maxwell’s request, into a more comfortable state. Mr. Maxwell was then transported to the station by unit 200, Officer Buswell where he was booked in the usual manner by Sgt. McCarey.
A neighbor who was observing our interaction with Mr. Maxwell, XXXX stated that he noticed Mr. Maxwell was there 20 minutes before our arrival nodding off inside the car.
During the booking process Mr. Maxwell was read his Miranda rights on camera where he indicated he understood them. After the booking, a DRE (drug recognition expert) Officer Messaoudi conducted several tests to determine the most likely intoxicant. Officer Messaoudi informed me he would be submitting a DRE evaluation report.
The vehicle that was operated by Mr. Maxwell Ontario (reg#xxxx) was towed by pats incident to arrest with authorization approved by Sgt. McCarey. Officer Schneider and I searched the vehicle and were able to recover 8 prescription bottles belonging to Mr. Maxwell.
-Ferrous Sulfate 325mg
-Atorvastatin Calcium 40mg
-Aspirin Equate 81mg
These bottles were then placed with Mr. Maxwell’s belongings at the station.
After Officer Messaoudi conducted his evaluation he determined that Mr. Maxwell was impaired medically and unable to operate a motor vehicle safely. Mr. Maxwell was checked at the hospital and released upon returning to the station. I will be filing a criminal complaint for the afore mentioned charges with Somerville District Court.
Officer Thomas Lambert Badge 347