On Thursday, March 16th, 2023 at 10:48 PM, Somerville Police Control received a call regarding a Motor Vehicle accident with injuries in front of Los Paisanos Restaurant, located at 62 Broadway, a public way located in Somerville as defined by the Commonwealth of Massachusetts.

I, Officer Barton assigned to marked unit East 3 was dispatched to that location, due to marked units East 1 and 4 being tied up at that time. While en route, Somerville Police Control informed me that the parties involved in the crash started becoming aggressive and hostile towards one another, to which Officer M. Canty, assigned to marked unit East 2, was dispatched as backup.

Upon my arrival, EMTs were already assessing operator of Motor Vehicle 1 (MA #XXXX), later identified as Mario BARDALES.

EMTs were also simultaneously assessing the operator of Motor Vehicle 2 (MA #XXXX), later identified as XXXX.

Both vehicles were pulled over on the right-hand side of Broadway facing East, with moderate rear-end damage to MV2 and heavy front-end damage to MV1.

As BARDALES was speaking to one of the EMTs, I heard him state that he hurt his head, back, and legs in the crash and was requesting to be taken to the hospital. BARDALES was then brought inside Cataldos ambulance for further evaluation and for transport to Cambridge hospital.

As this was happening, XXXX began yelling in my direction Look at him! Hes drunk

Based on my observation from roughly 10 feet away, BARDALES did not appear to be uneasy on his feet and his speech did not appear to be slurred.

It should be noted that BARDALESs steering wheel airbag was deployed and there was major front-end damage to his motor vehicle. At that time, I decided that based on his complaints of injury, the damage to the vehicle and the deployment of the airbag, getting BARDALES to a hospital would have to take precedence over a Field Sobriety Test.

I then went to speak with the operator of motor vehicle 2, XXXX. She stated that BARDALES rear-ended her as she was fully stopped at a red light at the intersection of Broadway and Franklin Street at a high rate of speed. After both vehicles pulled over in front of 62 Broadway, XXXX then stated BARDALES got out of the car holding a Natty Ice to which he then threw into a nearby garbage can. This was corroborated by XXXX husband, XXXX, who arrived shortly after the crash. I then walked over and viewed a 25oz. Natural Ice beer in the garbage (Photo attached).

XXXX stated that she injured her neck in the crash, but she refused medical attention.

Officer Lentini, assigned to marked Unit East 4, was soon able to clear his call and back up Officer M. Canty and I.

At that time, I noticed BARDALES exiting the ambulance and the EMT stated that he changed his mind and refused medical attention. I then went over to BARDALES to ask if he was sure about his decision and the severity of his injuries, to which he replied, nah, theyre ok, it will get better soon.

As BARDALES told me that, I smelled the odor of an alcoholic beverage coming from his breath, and also noticed that his eyes were glassy and a mix of yellowish and bloodshot.

Those factors, as well as the 25oz. Beer can and his medical refusal prompted me to begin Standardized Field Sobriety Tests on BARDALES.

I asked BARDALES about the Natural Ice beer can that I found, to which he stated that he was coming from his friend/uncles house down the road and only had two (2) 25oz. Cans.

Before I was able to begin the tests, a Pats Tow employee arrived to take BARDALESs MV to the tow yard and requested BARDALESs keys. Officer M. Canty then told him to keep his house key but to give his car key to the employee.
BARDALES then began acting uncooperatively, by disobeying orders given by Officer M. Canty and myself, turning away from us and by stating No man you dont have to do this.

BARDALES continued to disobey orders, which soon led to him turning and walking away, stating I’m leaving man.

At that point, Officers Lentini and M. Canty grabbed BARDALES and held him against the wall of a nearby building as he continued to stiffen up his limbs and attempt to escape, gripping harder onto his keys.

We were able to de-escalate the situation and calm BARDALES down, resulting in the Tow truck driver obtaining the car keys.

I moved BARDALES to the middle of the sidewalk on Broadway where the conditions for the SFST were less likely to play a factor in his performance.

I would like to note that the conditions of where BARDALES performed the Standardized Field Sobriety Test was even-leveled, dry, illuminated by the street lights, roughly 40 degrees Fahrenheit and not windy. BARDALES was wearing flat, leather dress shoes during this test.

Using my Law Enforcement Dimensions Standardized Field Sobriety Test Field Card, I brought BARDALES through the events of the tests.

I began with the Horizontal Gaze Nystagmus test and asked him if he wore any contact lenses, to which he replied no. I then used the tip of my note-taking pen as the stimulus. I asked BARDALES if he could clearly see the tip of my pen and he replied yes I then instructed BARDALES to follow the tip of the pen with only his eyes and without moving his head or body, to which he stated that he understood. I positioned my pen roughly 12 away from BARDALESs face and slightly above his eye level. I moved my pen from the center of his face to his left side first, checking for equal tracking. BARDALES was unable to keep his head still and follow only with his eyes. I told him again to follow with his eyes only and he stated that he understood. Again, he failed to follow the directions given. I instructed him a third time that he was supposed to only move his eyes and not his head and he was unable to follow the directions. I found that both of BARDALESs pupil sizes and tracking were proper. I then checked for resting Nystagmus, which I did not find.

After that, with my pen, again located roughly 12 from BARDALESs face and slightly above eye-level, I checked for a lack of smooth pursuit in both eyes, by having him follow the tip of my pen which I found in both BARDALESs left and right eye. I then double checked and confirmed my findings.

Next, I performed the test to determine whether BARDALES had Distinct and Sustained Nystagmus at Maximum Deviation. I was able to find that both of his eyes displayed the signs.

Finally, I tested for Onset of Nystagmus prior to 45°, to which I found that both his left and right eyes displayed the signs at roughly 41°.

Based on the testing, I concluded that BARDALES demonstrated 6 out of 6 clues put forth to prove intoxication for that portion of the SFST. (Only 4 are needed).

I then administered the Walk and Turn Test. I explained to BARDALES what the test was, and demonstrated it to him and he claimed that she understood. I would like to note that it took BARDALES four (4) times of my explaining that he needed to begin the test with his right heel touching his left toe to begin. I immediately noticed that he could not keep her balance during the Instructional Stage of this test and also began the test too soon four times.

At that point, BARDALES sighed in defeat and stopped the test on his own accord. He looked at Officers M. Canty and I and stated that he wanted to be sincere with us BARDALES revealed that he had a total of about four (4) 25 oz.Natural Ice Beer cans, roughly 2 hours ago.

Based on all of the previous evidence and confessions, I decided to place Mario BARDALES under arrest for the following offenses;

M.G.L c90 / § 24 OUI LIQUOR

It was at this time that I contacted Somerville Police Control, requesting for Unit 200 to transport BARDALES to Somerville Police Headquarters for booking, located at 220 Washington Street. Unit 200 was operated by Officer Torres and BARDALES was booked by Lt. Fusco.

XXXX was still on scene and requested medical attention once more for her neck. She was transported to Cambridge Hospital, and XXXX drove MV2 off scene.

It should be noted that an unopened green apple vodka Smirnoff nip was found in BARDALESs right coat pocket before transport, to which he added that he also had two (2) of them after the beers.

It should be noted that BARDALES refused a chemical test to determine blood alcohol concentration.

Both of those items of evidence will be properly tagged and stored.

BARDALES will be receiving Massachusetts Uniform Citation T3067805 for the following offenses:

– Ch. 90/24 – OUI Liquor

Respectfully,

Officer Barton #367
Somerville Police Department