On Friday October 22, 2021, I was assigned to marked unit East-2 and on routine patrol. At approximately 9:19 PM, Officer J. Moreira (East-3) and I were dispatched to the area of Arlington Street and Lincoln Street on a report of an apparent road rage incident.
Upon arrival, Officer J. Moreira whom had arrived slightly before me, informed me that an individual later identified as the defendant, Mr. John Gomes, was just laying down in the roadway next to a vehicle. The vehicle, MA Registration XXXX, a white Toyota Highlander, was positioned sideways at the intersection of Lincoln Street and Lincoln Avenue; both public ways within the City of Somerville. I noticed at this time Mr. Gomes was in the drivers side door of the vehicle attempting to turn the vehicle off, but instead kept turning it off and then on again over and over until instructed to turn it off and exit the doorway. He turned to me and threw the keys at me angrily saying he was just turning the car off. At this point Officer J. Moreira stood by with Mr. Gomes as I went and spoke to an involved party, Mr. XXXX.
Mr. XXXX stated that he was driving on I93 when he exited an off ramp and drove down Mystic Avenue in Somerville, turning onto Lombardi Way when he noticed traffic going around a stationary white vehicle which was idle in the middle of the road (Mr. XXXX pointed to Mr. Gomes’s vehicle). As he passed the vehicle, he noticed the driver appear to wake up and become mad that he was being passed. Mr. Gomes then aggressively followed Mr. XXXX to the location we were currently at and the two began to engage in an argument. During this time, Mr. Gomes backed his vehicle into a parked car (MA XXXX) before pulling forward to where the vehicle was currently. Mr. XXXX said that the driver (Mr. Gomes) appeared to be drunk and attempted to swing a closed fist at him, causing Mr. XXXX to put him onto the ground where he continued to lay with his hands out until officers arrived.
I turned my attention back to Mr. Gomes. I could smell a strong odor of alcoholic beverage emanating from his breath as he spoke. His speech was very slow, and he slurred his words as I began to ask him question. Due to our current location in the roadway, I asked him to step onto the sidewalk for our safety. As Mr. Gomes walked, he did so in jerky seemingly uncoordinated movements and was very unsteady on his feet. I asked him how much he had to drink this evening and he stated, “one nip.” I asked him where he had this drink and he replied, “my house”, which he later told me was on Myrtle Street in Somerville. It should be noted that Myrtle Street was in the opposite direction from where the altercation began. When confronted with this information, Mr. Gomes starred off past me appearing confused. He then said he was coming from work. Since he stated he drank at his house, but was clearly not coming from his home, I asked how long it had been since had drank the nip. Mr. Gomes was unable to recall however, was able to tell me the correct time of the evening at that moment. Since we had moved to a more safe and lit portion of the roadway, I now noticed his eyes to be red and glassy. Throughout our conversation, Mr. Gomes would act erratic; seemingly calm one moment, then screaming out the next. He kept calling me a “xxxx” and referring to the Somerville Police as “cock suckers” and, “stupid.” Without warning, Mr. Gomes attempted to enter the passanger side of the vehicle and refused commands to do otherwise, eventually causing me to physically remove him from the vehicle. Upon doing so he stated, “I have to piss!” and unzipped his fly attempting to remove his penis from his pants. I told him to immediately stop his behavior. Shortly after this, Mr. Gomes urinated in his pants.
I asked Mr. Gomes to submit to field sobriety tests several times. Each time he would only stare past me and say nothing. Officer C. Fusco (East-4) whom eventually arrived, also tried to obtain an answer, and eventually Mr. Gomes refused. I placed Mr. Gomes in handcuffs and double locked them, keeping the handcuff on his left hand slightly looser as he stated he had some stitches in that location. After informing him that he was being placed under arrest for OUI, he began to say, “oh really man, you really going to do this to me, my house is right there” and, “I have a wife and 6 kids at home.” Mr. Gomes was transported to the Somerville Police Station in marked unit 200 operated by Officer Anaya. He was booked by the Shift Commander Lieutenant W. Rymill. It was later learned that Mr. Gomes had a suspended license due to an OUI charge in which he refused the chemical breath test. The vehicle was towed by Pats towing where a 12 hour hold was placed due to Melanie’s Law. A note was left on the vehicle he struck, but no new damage was apparent. Mr. Gomes refused the chemical breath test back at the station. A copy of all of the OUI documents have been digitally attached to this report, and the originals tagged into evidence. Mr. Gomes was issued MA Uniform Citation T2728963 for:
M.L. c90 S24 – OUI Liquor, 2nd Offense
M.L. c90 S23 – License Suspended for OUI, Operating MV With
Officer Kevin Goulart #326