On Monday, March 16, 2020, I, Officer Kim, was working uniformed patrol in marked police cruiser West 6. At approximately 17:45 hours, I was dispatched to the intersection of Holland Street and Irving Road for a motor vehicle accident. Officer C.Collette responded as back up.
Upon arrival a group of people standing at the intersection flagged me down and stated that the vehicle was on Irving Road. I proceeded down Irving Road where I observed a Blue Mercedes, bearing Massachusetts registration XXXX parked in front of XX Irving Street. Irving Street is a one way street and the Blue Mercedes was parked in the wrong direction in front of the above address. On the street beside the vehicle, a small group of people were gathered and arguing.
I approached the group and was pointed to a female, identified as Nicole Sandoval, the owner and operator of the Blue Mercedes. I asked her what happened. Sandoval made several irrelevant statements about owning a business in Davis Square. I again asked her what had happened and she again avoided my question making statements irrelevant to the car accident. I was unable to get any information from Sandoval at the time.
I then spoke with a male identified as XXXX. He stated that he was eating dinner inside a restaurant on Holland Street, when he heard a loud crash occur outside. He exited the restaurant and found that his car has been severely damaged. A crowd of bystanders pointed down the street, to Sandoval’s vehicle, and told him that she had crashed into his car and was attempting to flee.
At this point XXXX and two of his friends chased down Sandoval and told her to stop. Sandoval came to a brief stop at the corner of Irving Road then made a right hand turn onto Irving Road, down a the one way street. Sandoval again came to a brief stop. At this point XXXX, a friend of XXXX, stepped in front of Sandoval’s motor vehicle in an attempt to keep her from fleeing. Sandoval put the car in reverse, then drove forward in an attempt to flee down Irving Road. Sandoval drove her vehicle into XXXX with enough force to knock XXXX to the ground. Sandoval then continued around XXXX and came to stop in front of XX Irving Road. I also spoke with XXXX who witnessed the entire incident. XXXX stated a similar account but he also witnessed Sandoval crash into XXXX vehicle.
I again spoke with Sandoval and asked her what had happened. She again was unhelpful in her responses and avoided informing me of the sequence of events. At this point I noticed a strong odor of alcohol on her breath. Sandoval’s eyes were also red and glassy. She was also slurring her words avoiding answering my question. I also noticed a strong odor of feces and observed the back of Sandoval’s pants, which had a large Brown stain on it. The driver’s seat of Sandoval’s vehicle also had a large Brown stain on it and smelled of feces.
I then spoke to XXXX, the passenger in Sandoval’s vehicle. He stated that Sandoval was operating her vehicle when she struck a parked car on Holland Street. After a brief confrontation she stopped her car in front of XX Irving Street when the police arrived.
I asked Sandoval if she was willing to take several field sobriety tests. She agreed. The first test I administered was Horizontal Gaze Nystagmus Test (HGN), which is involuntary twitching of the eye indicative of alcohol intoxication. Sandoval showed: lack of smooth pursuit in both eyes, Distinct and Sustained Nystagmus at maximum deviation, and Onset of Nystagmus prior to 45 degrees.
The second test I administered was the One Leg Stand test. After explaining and demonstrating the test to her, she was unable to complete the test. Sandoval failed to lift her foot in front of her 6 inches off the ground, as was explained, but placed her foot on the ground with her heel and asked if she was doing the test correctly. During this time she also used placed her arms out to her side to use for balance. I asked her if she understood the directions and explained the test to her again. Officer Collette then demonstrated the test. I administered the One Leg Stand test again and Sandoval could not comprehend the directions.
The last test I administered was the Walk and Turn test. I explained the test and demonstrated it. During this test Sandoval: began before being told to, continually stepped off the line bringing with her first step, never touched her heel to her toe, swayed and used her arms for balance. I stopped her after 5 steps and asked her if she understood the directions, to which she replied yes. I then had officer Collette demonstrate the test. Sandoval attempted the test again but after 3 steps I stopped her for her own safety as I fear she may fall on the ground.
I informed Sandoval that she was under arrest for operating a motor vehicle under the influence of alcohol and place her in handcuffs. Sandoval was transported to the station by Unit 200 and booked by Lieutenant Holland. XXXX was transported to the Cambrige Hospital for medical evaluation. Sandoval’s vehicle was towed by Pat’s Tow and a 12 hour mandatory hold was placed on her vehicle. Uppon arrival at the station Sandoval was evaluated by Cataldo Ambulance personnel and refused any medical attention. Sandoval was informed of her rights regarding the breathalyzer test and refused the test.
Based on the above facts Sandoval is being charged with : M.G.L c. 90 S24 – Operating a motor vehicle under the influence of alcohol.
Officer Eli Kim
Somerville Police Department