On October 21st, 2021, I, Officer James Torres, was in full uniform, while assigned to marked unit West 5, during the Last Half shift. At approximately 11:56 PM, I, as well as Officer Jorge Morel (West 6) and Officer Sergio Costa (West 7), responded to 243 Highland Avenue, a public way in the city of Somerville, for a report of a motor vehicle accident, where a vehicle baring MA REG XXXX, had struck two parked motor vehicles and was still on location.
Upon arrival, I observed silver Volkswagen Jetta (MA REG XXXX) parked in the roadway that appeared to have hit a parked Toyota Rav4 (MA REG XXXX). I also observed a parked Acura TLX (MA REG XXXX) that was parked behind the Toyota Rav4, that appeared to have been struck, as its front bumper was hanging off and the front driver’s side quarter panel had what appeared to be fresh damage consistent with a side swipe.
As I approached the Volkswagen Jetta (MA REG XXXX) that was parked in the middle of the roadway, I observed a male operator in the front driver’s seat. I asked the operator what had happened and he stared straight ahead and did not respond. I then asked the operator if he was alright and again what had happened and the operator then stated to me “I’m drunk” “I’m sorry.” It was at this time that I requested the operator of the vehicle later identified as Mr. John Malone, to step out of the vehicle and instructed him to have a seat on a nearby stair case.
Mr. Malone stated to me that he had come from a local bar called The Burren and that he was on his way home prior to the crash. Mr. Malone stated that he did not know how the crash happened and then again stated that he was sorry that it did. I asked Mr. Malone how much he had to drink while at The Burren to which he stated he was unsure.
In Speaking with Mr. Malone, I could smell a strong odor of an alcoholic beverage emanating from his person. I also noticed that Mr. Malone’s eyes appeared glassy and red. I asked Mr. Malone if he would perform a Standard Field Sobriety Test to which he agreed. Prior to starting the Field Sobriety Test, Mr. Malone began apologizing and stating that this was going to ruin his life.
The test was administered on well lit, flat, non slippery road. I asked Mr. Malone if he had any medical conditions that would prevent him from taking the test to which he stated he did not. I then asked Mr. Malone if he wore contacts or eyeglasses to which he stated that he did wear eye glasses. I then began the testing.
Horizontal Gaze Nystagmus: During this test, I observed a lack of smooth pursuit in both eyes, distinct and sustained Nystagmus in both eyes and an angle of onset prior to 45 degrees in both eyes.
Walk and Turn test: I instructed Mr. Malone to use an imaginary straight line on the roadway and start by placing his left foot on the imaginary straight line and to put his right foot in front of it, with his right heel touching his left toe while keeping his hands at his side. I told Mr. Malone to remain in that position until the test began and not to start until I told him to. Mr. Malone was instructed to take 9 heel-to-toe steps in a straight line direction, turn around using small steps and make nine heel-to-toe steps back. I was telling Mr. Malone the instructions of this test as I demonstrated them to him. Mr. Malone attempted to start the test early where I had told him to wait until I instructed him to begin. When Mr. Malone began the test, he was swaying back and forth and raising his arms using them for balance. I again instructed Mr. Malone to start again and keep his arms to his side. Mr. Malone was unable to do so and continued to raise his arms for balance, as well as failing to connect his heel-to-toe steps on every step. Midway through the test Mr. Malone stopped and stated to me that he could no longer perform this test.
One Leg Stand: I instructed Mr. Malone to stand with his heels together and arms by his side, and raise one leg approximately six inches off the ground, foot parallel to the ground, keeping both legs straight and keeping both eyes on the elevated foot, and while holding that position to count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. I was telling Mr. Malone the instructions of this test as I demonstrated them to him. As Mr. Malone attempted to raise his right foot to perform this test, he began waving his arms for balance and placing his right foot back on the ground. Mr. Malone was not able to further perform this test.
Based on my observations, I placed Mr. Malone in handcuffs (double locked). Mr. Malone was transported to the Somerville Police Headquarters in unit 200, operated by Officer James Radochia, and booked in the usual manner by Lieutenant Diego DeOliviera.
During the booking process, Lieutenant DeOliveira advised Mr. Malone of his rights, and asked him to submit to a chemical test of his breath to which Mr. Malone complied resulting in a blood alcohol concentration of 0.21% .
I issued Mr. Malone Massachusetts Uniform Citation # T1312755 for OUI liquor.
Officer James Torres #329
Somerville Police Dept