1 Count: OUI LIQUOR
1 Count: LEAVE SCENE OF PROPERTY DAMAGE

Narrative: 

On March 29, 2026 I, Officer Keighla McAloney, was assigned to marked unit East-1. At approximately 11:01 AM, Officer R. Sullivan, (East-4), and I were dispatched to 98 Gilman St. for a report of a hit and run. The caller reported a black SUV struck his parked Honda Fit. Somerville Police Dispatch notified responding officers that the reporting party called back stating the black SUV came back and he believed the driver was drunk.

On scene, I spoke with the reporting party Mr. XXXX. I asked him to explain what had happened. XXXX stated he was sleeping when he heard a loud crash noise. He exited his residence to see that his vehicle had been struck. He stated a black SUV then stopped in front of 98 Gilman St. to which he noticed the damage on this vehicle was consistent with crashing into his vehicle. XXXX stated he approached the driver to confront him about the damage. XXXX stated he believed the driver was drunk and then began to drive away to which XXXX called the Somerville Police Department.

XXXX vehicle was a gray 2011 Honda Fit. I observed damage to his rear passenger side bumper.

While speaking with XXXX, Officer R. Sullivan transmitted that he had the vehicle in question at the intersection of Virginia and Jasper St.

I arrived at this location and observed MA XXXX, a blue 2015, Honda Pilot, collided with a parked motor vehicle, MA XXXX, a 2012 black Toyota Tacoma. I observed the operator of MA XXXX sitting in the driver's seat with the car on. Officer R. Sullivan approached the window and advised the operator, later identified as Mr. Argelio MARTINEZ, three times, to turn the vehicle off. At this time, I observed MARTINEZ eyes to be yellow and glassy.

I asked MARTINEZ where he was coming from to which he stated "El Salvador." I then asked him where he was trying to go to which he spoke some words in Spanish and I could not make out the rest however, when I got closer to him, I could smell the odor of an alcoholic beverage on his breath. At this time, I requested a Spanish speaking officer and was notified Sergeant Scrugli, (Sierra-8), was on the way. I'd note, I observed an unopened glass Corona Extra bottle in the area of the center console to which I then asked him to step out of the vehicle.

MARTINEZ took a step out of the vehicle and almost fell over; I was able to grab his arm and assist him to lean on his vehicle. I advised him to wait there because a Spanish speaking officer on the way. MARTINEZ attempted to go back into his vehicle multiple times while waiting for Sergeant Scrugli.

Once Sergeant Scrugli was on scene he translated for me. I was advised that MARTINEZ stated he had not drank tonight and the glass Corona Extra was not his. During their conversation, Sergeant Scrugli updated me that MARTINEZ admitted to having one drink tonight and then eventually admitted to having two beers. Sergeant Scrugli asked MARTINEZ to submit to field sobriety tests and MARTINEZ agreed.

Officer R. Sullivan and I, positioned our cruisers on Jasper St. in a way that lit up the sidewalk. The sidewalk was flat and dry. I observed MARTINEZ to be unsteady on his feet when he walked over to the sidewalk.

Horizontal Gaze Nystagmus and Vertical Gaze Nystagmus (HGN/VGN):

Once on the sidewalk, Sergeant Scrugli read off the instructions for HGN and VGN on a card Officer R. Sullivan keeps in his vest pocket.

I then held the stimulus, which was the tip of my pen, approximately 12-15 inches from MARTINEZ face and slightly above eye level. I observed equal pupil size. I did not observe resting nystagmus.

During my initial attempt to check for lack of smooth pursuit, MARTINEZ did not move his eyes and did not follow the tip of my pen. MARTINEZ also almost fell forward while doing so. On the second attempt, he moved his head in the direction of stimulus instead of keeping still, and his eyes were not focused on the tip of the pen. Sergeant Scrugli again instructed MARTINEZ to keep his head still and to follow the stimulus with his eyes only. On the third attempt, MARTINEZ followed the stimulus with his eyes and I observed lack of smooth pursuit in both eyes.

I then checked for distinct and sustained nystagmus at maximum deviation. I held the stimulus above maximum deviation and observed clear and sustained jerking in both eyes.

I then checked for onset of nystagmus prior to 45 degrees. As I moved the stimulus, I observed nystagmus in both eyes prior to reaching a 45-degree angle.

I also administer the Vertical Gaze Nystagmus (VGN) test. As I moved the stimulus vertically, I observed MARTINEZ eyes exhibiting a bouncing, up and down jerking motion. This is consistent with vertical gaze nystagmus.

Walk and Turn:

Sergeant Scrugli then gave MARTINEZ instructions for the walk and turn as well as demonstrated. MARTINEZ attempted to start the test twice before being instructed to begin.

MARTINEZ took sixteen steps, missed heal to toe on the third step, and stepped off the line more than three times. On the sixteenth step MARTINEZ tripped over his feet and I ended the test.

Due to MARATINEZ inability to safely complete this test, I determined that he was unable to safely preform further field sobriety tests. I therefore ended any additional testing. Based on MARTINEZ performance on the field sobriety tests, along with my observations, I formed the opinion that MARTINEZ was under the influence of alcohol.

MARTINEZ was placed under arrest for the charges of c90 S24J, OUI Liquor and c90 S24C, Leaving scene of Property Damage. Unit 200, operated by Officer Antoine was requested to transport MARTINEZ back to the Somerville Police Department.

During the search before transporting MARTINEZ, Officer R. Sullivan located an unopened mentholmint, Dr. McGillicuddy's nip in his pant pocket.

Both the unopened glass Corona Extra and the unopened mentholmint Dr. McGillicuddy's nip were taken for evidence.

Stephens Towing was requested to tow MARTINEZ vehicle, MA XXXX and a citation was issued (#120353AE) for the above mentioned charges.

MARTINEZ was booked in the usual manner by Lieutenant Samir Messaoudi. During the booking process, MARTINEZ was advised of his rights and asked to submit to a chemical test of his breath. MARTINEZ agreed to take the breath test which resulted in a .19 BAC. A notice of suspension for a chemical test failure was given to MARTINEZ.

All documentation has been placed into evidence.  

Respectfully,

Officer Keighla McAloney

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