Real Life Somerville Police Stories: Burton FAULKNER (OUI Drugs)

On 05/26/2021, while assigned to marked unit East-4, I was dispatched to the area of 505 Medford Street (Incident number 21026522) for reports of a motor vehicle accident. Officer Soares in East-3 responded as well. Later Officer Dell’Isola in West-5 responded as well.

Dispatch advised that a party had struck the barriers of the outside dining area of a restaurant. Upon our arrival we began getting statements and determining if anyone was in need of medical attention. Two parties said they were struck by the vehicle but were not in need of immediate medical attention.

When Officer Dell’Isola and I began speaking to the operator of the vehicle, later identified as Mr. Faulkner, we noticed his eyes to be pinpoint and his speech was slow and slurring. Mr. Faulkner was also un easy on his feet.

I asked Mr. Faulkner if he had taken any medication or had anything to drink today and he stated no. He stated he does not drink, as he is a recovering alcoholic. I asked him if he had taken any prescribed medication and he stated he is only prescribed an asthma inhaler. I then asked him if she had taken any medications that he was not prescribed and he stated no.

I asked Mr. Faulkner if he would submit to some field sobriety tests and he stated yes.
When I asked Mr. Faulkner if he had any medical conditions that would stop him from doing any tests he stated no. I asked if he had any injuries and he stated just chronic back pain.
I also offered Mr. Faulkner medical attention previously for the accident and he said he did not need it.

I walked Mr. Faulkner down to a clear spot on the sidewalk where it was well lit. The ground was dry and the sidewalk was even.
I would note that I explained the instructions prior to each task and gave Mr. Faulkner the opportunity to ask any questions. I also asked Mr. Faulkner how long he had had his shoes. He stated for about a week. I asked if they were comfortable and broken in and he stated no. I gave him the option to perform the tasks without the shoes, explaining it was his choice to do what was most comfortable. He opted to take the shoes off.
I demonstrated what I needed him to do for all but the Horizontal Gaze Nystagmus test.

The first task performed was the horizontal gaze nystagmus test. Mr. Faulkner stated to me that he wears glasses, but only to read and that he does not require them to drive. He had no resting Nystagmus

Mr. Faulkner’s pupils were of equal size and appeared to be constricted. I explained to Mr. Faulkner that I wanted him to follow the tip of my finger while using his eyes and his eyes only. I asked him not to move his head while he followed my fingers. Mr. Faulkner was unable to follow my directions in this. He was moving his head, and then he was not following my finger, only moving his eyes back and forth in anticipation to me moving my finger. For this reason I was unable to determine HGN

There was no Vertical Gaze Nystagmus

Next was the modified Romberg Balance Test. I asked Mr. Faulkner to stand with his hands by his sides and his feet together. I explained I wanted him to on my command, tilt his head back and close his eyes. I then wanted him to estimate the passage of 30 seconds. When he believed the 30 seconds was up he was to open his eyes and lower his head. He had no questions.
During the time elapsing he had a back and forth sway of approximately 4 inches and a left to right sway of 4 inches. He estimated 30 seconds in 24 seconds. He stopped the test by saying stop numerous times but he did not open his eyes and bring his head down until he was told to do so.

The next test was the walk and Turn. I explained I wanted him to imagine a line on the sidewalk and use it to walk 9 heel-to-toe steps, make a turn in the manner I described and demonstrated, and then take 9 Heel-to-toe steps back.

Mr. Faulkner could not keep his balance in the instruction phase and started too soon.
In the initial nine turns he stepped off the line on steps 1, 3,4,5, and 7. He then stopped walking and looked at me. I asked him if he knew what he was to do next and he asked me “Turn around” He then turned around in an about face fashion and just stood there until I asked if he were done. He then started the nine heel-to-toe steps back. He stepped off the line on 1,2,3,5,8, and 9. He continuously raised his arms for balance and had to be reminded to count the steps out.

One Leg Stand.
I again asked Mr. Faulkner if he had any injuries to his legs and he stated no.
I explained to him that I wanted him to keep his left foot planted on the ground and raise his right foot 6 inches off the ground with the toe pointed out.
I told him to count in the one thousand one, one thousand two, one thousand three, and etc form while looking at the tip of his toe.
I explained to him to keep his hands by his side and if he were to drop his foot, to lift it back up and continue where he left off. He had no questions for me.

Mr. Faulkner counted in the one, two, three, etc format. He dropped his foot on 4,5,6,,7, and 8 before I stopped him for safety. He also had to be reminded after the first two times to pick his foot back up and continue
He then kept his right foot planted and I reminded him the format I wished to count. He got to one thousand three before he dropped his foot. He then continued by alternating feet on every count left, right, left, etc. Raising each foot alternating.

The next test was the finger to nose test.

I explained to Mr. Faulkner what I wanted him to do and demonstrated exactly what I meant by tip of the finger and tip of the nose. I also explained that he would use his left index finger to touch the tip of his nose or the right index finger to the tip of his nose when I told him left or right. I explained to take his hand down as soon as he touched his nose.

He had no questions.

I asked him to tilt his head back and close his eyes:
1- He touched the pad of his left finger to the bridge of his nose and started counting out loud. I told him to stop counting and put his finger down
2. He touched the bridge of his nose with the pad of right finger he had to be reminded to bring his finger down
3. He touched the pad of his left finger to the bridge of his nose and had to be reminded to bring his finger down
4. He touched the pad of his right finger to the pad of his nose. He had to be reminded to bring his hand down and then immediately brought his left finger up to his nose and I told him to put it down.
5. He then touched the palm of his right hand to his face, holding it there until I was able him to bring it back down to the starting position. He then dropped his hand down and would not bring it to the starting position.
6. I said left and he touched the pad of his left finger to the nostril of his nose.

I asked Mr. Faulkner again if he had taken anything today as I believe the test had shown that he did. He said yes, that he took a sedative earlier in the day. I asked if he took anything else, like a pain killer. He said yes he took a pain killer but was unsure what kind.
I asked Mr. Faulkner if he was prescribed these medications and he said “No, I got them from the guy I get my weed from”

I explained he was being placed under arrest for OUI drugs.
I asked him to put his hands behind his back and I handcuffed him (DL)
Mr. Faulkner was transported via unit 200 by Officer Canty to the Somerville Police Station and was booked in the usual manner by Sergeant Berrouet.

Mr. Faulkner will be issued MA Uniform Citation T1829271 for OUI drugs.
For full information on the accident please see Officer Dell’Isola’s crash report.

I offered Mr. Faulkner the opportunity to be evaluated be a certified drug recognition expert and he declined.

Respectfully submitted,

Officer Christopher Fusco #328

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