Archives For Driving Under the Influence

Sgt. Timothy Kelly arrested by Lowell police last week

police car

TEWKSBURY, Mass. — A Tewksbury police sergeant was put on leave after being arrested on drunken driving charges last week in Lowell.

Sgt. Timothy Kelly, 48, was charged by Lowell police with operating under the influence of alcohol, the Lowell Sun reported.

Police Chief Tim Sheehan told the paper Kelly was put on leave last Friday and an investigation is underway.

Kelly has been with the department since 1995, is a member of the motorcycle unit and has worked as the town’s K9 officer, according to the department’s website.

Kelly was scheduled to be in court Friday.

Leonardo V. Rodrigues crashed into parked vehicle

Maine Warden Service

BRYON, Maine — An Everett man was killed in Byron, Maine Friday night when his snowmobile crashed into a parked vehicle, the Maine Warden Service said.

Leonardo V. Rodrigues, 34, and other snowmobilers were traveling on a private road when the crash occurred.  Rodrigues was taken to Central Maine Medical Center by medical helicopter where he later died of his injuries.

A second man in the party of snowmobilers, William Ashmore Jr., 39, of Boston, was charged with operating a snowmobile under the influence of alcohol.


Justin Bieber attends the premiere of Open Road Films’ “Justin Bieber’s Believe” at Regal Cinemas L.A. Live on Dec. 18, 2013, in Los Angeles.  JASON KEMPIN/GETTY IMAGES

Justin Bieber has been arrested for a DUI and for drag racing on a Miami Beach street, police say.

Miami Beach Police Department confirmed the pop star’s arrest to CBS News station WFOR in Miami.

The 19-year-old singer was in a yellow Lamborghini when he was arrested and later failed a sobriety test.Officers saw two cars racing at 4:09 a.m. Thursday, with two vehicles apparently used to block the area off, Miami Dade-Police spokesman Sgt. Bobby Hernandez told WSVN in South Florida. He says the second car was a red Ferrari, and that driver was also arrested. Both cars were towed.

Bieber failed a field sobriety test and was taken to the Miami Beach police station for a Breathalyzer and processing, Hernandez said. Bieber will be transported to the Miami-Dade County jail, Hernandez said.

The street where police say Bieber was racing is a palm-tree-lined residential area in mid-Miami Beach. Along one side of the street are small apartment buildings, and on the other side are a high school, a youth center, a golf course and a city firehouse.

According to WFOR, Bieber has been staying in Miami this week, and on Wednesday was spotted out a nightclub.

On Wednesday, Bieber posted a series of photos and videos on Instagram:


Earlier this month, officials said that detectives in California searched Bieber’s home looking for surveillance footage that might serve as evidence the pop star was involved in an egg-tossing vandalism case that caused thousands of dollars in damage to a neighbor’s home. Officials said Bieber was at the home and cooperated with authorities

In that case, authorities arrested one member of Bieber’s entourage on suspicion of drug possession: Lil Za, a rapper whose real name is Xavier Smith.

After being taken to jail, Smith had felony vandalism added to his potential charges and was released on bail at about 8:15 p.m.The singer lives in a gated community in Calabasas, a celebrity enclave about 30 miles northwest of downtown Los Angeles.

Previous investigations into Bieber’s conduct by the sheriff’s department have not resulted in charges.

In October, prosecutors declined to charge Bieber after a neighbor complained he drove recklessly through the area. Prosecutors in November 2012 also declined to charge the singer after a paparazzo accused him of punching and hitting him after leaving a Calabasas movie theater.

The latest issues with the law follow a string of head-scratching incidents over the past year.

In December, the singer tweeted that he was “officially retiring” but then told fans he’s “here forever.” The previous month, he was reportedly caught at a brothel in Brazil. During that same say, Bieber left the stage at Arena Anhembi in Sao Paulo after an audience member threw a bottle at him; he never returned.

He recent told radio host Ryan Seacrest, “People don’t get to see me living as a 19-year-old boy…I’m still finding myself and when I have the media attacking me every day it’s no [different] than bullying that happens in school.”

Last month, he visited young victims of Typhoon Haiyan, traveling to the Philippines after launching a worldwide campaign to help those affected by the deadly storm.

Runners plan to dedicate training runs to young mother of three 

BOSTON —A mother of three who was training for the Boston Marathon was struck and killed by an alleged drunken driver in Virginia on Monday.

Meg Menzies, 34, was struck at 8:15 a.m. while she was out for a training run in Ashland, Va., police said. The driver, Dr. Michael J. Carlson, 47, was arraigned on driving under the influence and involuntary manslaughter charges and was granted bond.

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Since her death, thousands of runners have joined a Facebook group dedicated to Menzies and raising awareness about the safety of runners and cyclists.

Members are planning to dedicate their runs on Saturday to the young mother, who was a member of the Richmond Road Runners Club.

“This Saturday, Jan. 18, 2014, no matter what your distance, no matter where you live, run for Meg. Take in the fresh air, be aware of your surroundings, keep your headphones on low, feel the heaviness in your lungs, the soreness in your legs, and be grateful for it — for all of it,” the page reads.

Runners are encouraged to post photos of their runs and share thoughts and prayers online.

“It’s not a coincidence the hashtag reads either ‘Meg’s Miles’ or ‘Meg Smiles.’ She will be smiling on all of us forevermore,” the group posted.

Menzies’ husband us a police sergeant in the Ashland Police Department.

“The Ashland Police Department suffered an immeasurable loss with the tragic death of Meg Menzies, wife of Sgt. Scott Menzies. Meg has equally been a part of our law enforcement family for nearly a decade and her presence in our midst, and especially that of her family, will be sorely missed,” Chief Doug Goodman said in a statement.

Lopes hit 2 parked cars, could not take sobriety tests, police say

FRAMINGHAM, Mass. — When police went to Arlington Street for a report of a crash on Monday they did not find the driver of the offending car, but did find a case of beer behind the wheel of his car, authorities said.

Our news partners at the MetroWest Daily News reported that Framingham Police arrested Danilo Lopes, 25, after he returned to the scene of the 8:30 p.m. crash, offering to pay for all the damage he caused when he crashed into the two parked cars with his Geo Prism, according to a police report filed in Framingham District Court on Tuesday.

When police arrived, they found three heavily damaged cars — Lopes’ Prism, as well as a Toyota Scion and a Mitsubishi Eclipse. Witnesses said the driver and a passenger from the Prism ran away after the crash.

The Scion sustained severe driver side damage, while the rear passenger side of the Eclipse was also hit. The rear axle broke due to the force of the collision, the report said.

Officers looked in the Prism and found a case of beer on the drivers seat. While the officers were investigating, Lopes came back and asked one of the car owners if he could pay for the damage, the report said.

Officers attempted to have Lopes do field sobriety tests, but “Lopes was so impaired that he could not attempt any field sobriety tests,” the report said.

At the station, Lopes agreed to take a Breathalyzer test, but could not complete it, the report said.

Police charged Lopes with operating a vehicle under the influence of liquor, leaving the scene of an accident and driving without a license.

Prosecutors did not ask for any bail for Lopes at his Framingham District Court arraignment on Tuesday and he was released without bail. Lopes is due back in court on March 5 for a pretrial conference.

Hudson man hides in tree after I-290 crash

NORTHBOROUGH, Mass. —An alleged drunken driver arrested while hiding 30 feet up a tree Friday on Interstate 290 “rambled on about being an owl” when confronted, police wrote in court documents.

Troy A. Prockett, 37, of Hudson, was arraigned Monday on a slew of charges — including third-offense drunken driving — after town firefighters had to use a bucket truck to bring a cop 30 feet into a tree to arrest him, the MetroWest Daily News reported.

Documents in Westborough District Court provide additional details about the unusual arrest, including the fact that police at one point feared the man’s daughter might have been ejected from his vehicle.

According to a police report, State Trooper Michael J. McCammon was driving on I-290 west at about 7 p.m. when he saw a white Nissan Maxima spinning out of control between the first two travel lanes. Snow flew up into the air, McCammon wrote, as the Maxima hit a snowbank near the breakdown lane and came to a stop resting partially in the first and second lanes.

McCammon said at least three other cars had to abruptly brake and swerve in order to avoid a collision, at which time he activated his cruiser’s red and blues.

McCammon said the Maxima — which was missing its front bumper and had damage to its rear — then turned around and crossed into the second lane of travel, causing another vehicle to swerve to the left to avoid it.

McCammon said the Maxima then continued forward at about 20 mph for about three-quarters of a mile in the breakdown lane, refusing to stop even though McCammon’s cruiser was directly behind it with his lights activated.

After the car did stop, McCammon said the driver got out, ran in front of his cruiser and then “jumped over the guard rail running down the embankment into the woods.”

McCammon said he found Prockett’s wallet inside the Maxima — which he said reeked of alcohol — and called for help setting up a search. While calling the station, he learned Marlborough police had received a call from a woman at a gas station who reported she saw a drunken man driving the same vehicle with a child inside.

Police with a search dog then tracked the man’s sole footprints in the snow, McCammon wrote, finding a running jacket on the trail.Emergency radio communications show it required police about an hour searching in the single-digit temperatures before they found Prockett hiding in a tree.

When asked to surrender, Prockett refused in “very slurred speech,” McCammon wrote, and then “asked if we had caught the guy who was driving and climbed higher in the tree.”

When police informed Prockett that there was only one set of footprints in the snow, Prockett reportedly replied that the driver “had carried him on his back.”McCammon said Prockett then “continued speaking about what a good guy he was and rambling on about being an owl in a tree. “He continually refused commands to climb down and instead climbed even higher, shaking the branches and saying, ‘Look it’s snowing.’”

McCammon said police continually asked Prockett where the child spotted in Marlborough was. He said Prockett, though admitting it was his daughter, provided false information about her whereabouts.

At that time, McCammon said police asked Northborough firefighters to come to the highway to help get Prockett down from the tree and “to utilize their thermal imaging device to search the crash area for the possibility of the child being ejected into the woods.”

Firefighters used their aerial tower to get up near Prockett, and then had to use a chainsaw to cut down branches so they could get to him. McCammon went up with a firefighter and arrested Prockett while in the bucket.

McCammon said Prockett eventually told police where his daughter was and they confirmed that she was safe.Prockett, of 367 River Road, is charged with third-offense drunken driving, failure to stop for police, resisting arrest, leaving the scene of property damage and disturbing the peace. He was also ticketed for a marked lanes violation. Prockett refused a Breathalyzer test, McCammon wrote, and could be heard telling someone on the phone,. “I think I’m borderline.”

Police said when they asked Prockett later why he refused to climb down the tree despite being surrounded, he told them he was “scared” because he already had two drunken driving charges.

“Soooooo, I just decided to go for a little run,” police quoted the man as saying.

When asked at what point in the night he had been driving with his daughter, he reportedly replied, “Awwww see, now you are just trying to get me to talk so you can add more charges.”

According to police, Prockett was has been convicted of drunken driving twice, once in 2003 and again in 2005. By refusing the Breathalyzer, his license is automatically suspended for five years.Westborough District Court Judge Jennifer Stark ordered Prockett held on $3,000 bail. Records show he posted bail and was released.

Police: Joseph O’Neill faces 2nd DUI charge

PEMBROKE, Mass. —State Police say a Pembroke police officer, a State Trooper and a State Police K-9 dog tracked a driving-accident suspect for hours Sunday through snow, freezing water and the thick briars of a cranberry bog – and they got their man, The Patriot Ledger reported.

Pembroke Lt. David Clauss said Monday that the officers caught a bloodied, injured Joseph O’Neill, 31, of Mattakeesett Street in Pembroke, deep in a bog near Lake Street at about 10:30 a.m. Sunday, two hours after police received a report of a rollover accident on Lake Street and that the driver had fled.

O’Neill is charged with a second drunken driving offense and driving with a suspended license. Other charges include leaving the scene of an accident with property damage, negligent operation and a marked-lane violation.

Clauss said O’Neill is scheduled to be arraigned Monday in Plymouth District Court. State Trooper Dustin Fitch said O’Neill is also wanted on a warrant in Florida.

No other vehicles were involved in the accident

Clauss said the chase began shortly before 8:30 a.m. Sunday. Pembroke officer Ryan Botto joined State Trooper Dustin Fitch said State Trooper Gary Berlo and the K-9 dog Mako in tracking the suspect – later identified as O’Neill – into a nearby cranberry bog.

With several inches of snow on the ground from Saturday night’s storm, Fitch said the officers and dog were able to follow O’Neill’s bloody footprints through “extremely thick briars” and thin ice, which frequently broke and left them soaked in freezing water.

Fitch said Mako led the officers to O’Neill, who was bleeding from head wound and had other lacerations. Clauss said he was taken to South Shore Hospital in Weymouth for treatment before he was taken to jail.

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Prosecutors disappointed in teen’s sentencing

Famous Mug Shots

A North Texas teen from an affluent family received a probation-only sentence this week for losing control of his pickup truck while drunk and killing four pedestrians, a punishment that has outraged the victims’ families and left prosecutors disappointed.

The 16-year-old boy was sentenced Tuesday in a Fort Worth juvenile court to 10 years of probation after he confessed to charges of intoxication manslaughter in the June 15 crash on a dark rural road.

Prosecutors had sought the maximum 20 years in state custody for the Keller teen, but his attorneys appealed to state District Judge Jean Boyd that he needed rehabilitation instead of imprisonment, the Fort Worth Star-Telegram reported.

Authorities said the teen and friends were seen on surveillance video stealing two cases of beer from a store. He had seven passengers in his Ford F-350, was speeding and had a blood-alcohol level three times the legal limit, according to testimony during the trial. His pickup truck slammed into the four pedestrians, killing 43-year-old Burleson youth minister Brian Jennings; Breanna Mitchell, 24; Shelby Boyles, 21, and her 52-year-old mother, Hollie Boyles.

Prosecutor Richard Alpert argued in court that if the boy continues to be cushioned by his family’s wealth, another tragedy is likely in his future.

“There can be no doubt that he will be in another courthouse one day blaming the lenient treatment he received here,” he said.

Boyd said the programs available in the Texas juvenile justice system may not provide the kind of intensive therapy the teen could receive at a rehabilitation center near Newport Beach, Calif., that was suggested by his defense attorneys. The parents would pick up the tab for the center, which runs more than $450,000 a year for treatment.

Scott Brown, the boy’s lead defense attorney, said the teen could have been freed after two years if he had drawn the 20-year sentence.

“(The judge) fashioned a sentence that could have him under the thumb of the justice system for the next 10 years,” he told the Star-Telegram.

Survivors of those killed in the accident drew little comfort from that assurance.

Eric Boyles, who lost his wife and daughter, believes the family’s wealth helped the teen avoid incarceration.

“Money always seems to keep you out of trouble,” Boyles said. “Ultimately today, I felt that money did prevail. If you had been any other youth, I feel like the circumstances would have been different.”

Shaunna Jennings, the widow of the minister, said her family had forgiven the teen but believed a sterner punishment was needed.

“You lived a life of privilege and entitlement, and my prayer is that it does not get you out of this,” she said. “My fear is that it will get you out of this.”

A psychologist called as an expert defense witness said the boy suffered from “affluenza,” a term used to describe the emotional pitfalls of consumerism and excess wealth, and grew up in a house where parents were preoccupied with arguments with each other that led to a divorce.

The father “does not have relationships, he takes hostages,” psychologist Gary Miller said, and the mother was indulgent. “Her mantra was that if it feels good, do it,” he said.


Brianna Rosales struck, killed while walking home from school with mother

BOSTON —The family of young Dorchester girl who was struck and killed by an alleged drunken driver last month is asking for privacy as they prepare their final goodbyes.

Brianna Rosales, 7, and her mother were struck on Nov. 26 as they walked home from school. Brianna was killed. Her mother, Glendalee Alvarado, 26, was critically injured when the SUV hit her.

Alvarado remains hospitalized with a serious leg injury. Her family said she has a lot of rehab ahead of her.

In the meantime, staffers at the John P. Holland School in Dorchester have established a fund to help the family with Brianna’s burial and other costs. Checks can be made out to the Grendalee Alvarado Fund and sent or dropped off to any Citizens Bank, where the fund is established.

“If anyone has any connections to outside agencies that may be able to assist financially, we welcome them to contact us directly at the John P. Holland Elementary School,” Principal Jeichael Henderson said.

Olivia Mora, 36, of Dorchester is charged in the deadly crash. Police said she was drunk behind the wheel when she struck a parked car, took out a fire hydrant and jumped a curb, hitting the mother and child.


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