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LEOMINSTER – On Tuesday, June 20, at 5:55 a.m., Officers Adam Washburn and Tanner Jakola of the Leominster Police Department were dispatched to the area of 50 Colburn Street following a report of a single vehicle accident.
“Upon arrival, I could see a white Nissan Altima […] up against a broken utility pole (N[ational]G[rid]6), at the intersection of Colburn Street and Phillips Street,” wrote Officer Washburn in his Narrative for the incident.
According to Officer Washburn, the front of the vehicle, as well as the sides, were extremely damaged in the accident. Both airbags were deployed as well.
“After calling in the vehicle information to dispatch, I had a neighbor [name redacted] walk up to me and state that he saw a white Hispanic male with a white t-shirt and long black hair run away from the vehicle and toward Manchester Street,” wrote Officer Washburn in his Narrative. “[The neighbor] added that he did not see anyone else aside the vehicle. While speaking with [the neighbor], the operator, identified as Holvin Nieves Jr., came running back to the vehicle from 61 Colburn St. I could see that Mr. Nieves had fresh scrapes and cuts on his chest, arms, and hands. I asked if he was the operator of the vehicle and he said no but he was in it during the crash. I then contacted dispatch to make sure EMS was on the way while Officer Jakola called for National Grid to inspect the utility pole.”
According to court documents, Holvin Nieves, 41, is a resident of 26 Arlington Street, Apt. 3, in Leominster. Nieves – who was born in Brooklyn, NY – is unemployed, married and the Nissan he was driving at the time of the accident belonged to his mother.
Nieves gave Officer Washburn his Massachusetts ID and when he called it into dispatch, Officer Washburn was informed that Nieves had a suspended license and was previously involved in a leaving the scene of property damage incident.
“Mr. Nieves then stated that the reason for the accident was that he was arguing with his uncle whom he called ‘Rosa Lee,’ but did not know his real name,” explained Officer Washburn in his Narrative. “Mr. Nieves also said that his uncle has warrants so he took off running after the accident. When we asked for a description of his uncle, he stated that he had a green shirt. Officer Jakola then left to search the area and speak with other witnesses.”
Officer Washburn described Nieves’ behavior as “very strange” and far too relaxed given the circumstances. He added that Nieves was “shuffling back and forth and making strange mannerisms and movements with his arms,” his pupils were extremely small, and when he spoke, Nieves “appeared to be ‘out of it’ and not thinking clearly.”
“Mr. Nieves is known to the department as being an opioid user and distributor and was convicted in the past with operating under the influence of drugs,” wrote Officer Washburn in his Narrative. “I also could not smell any odor of alcoholic beverage coming from his person. Due to my training and experience as well as the above facts and his history of drug use, I determined that Mr. Nieves was under the influence of an opioid or drug.”
When EMS arrived on scene Nieves turned down medical attention. At around this time, Officer Jakola returned to the scene, telling Officer Washburn that he spoke with two witnesses who said they saw Nieves in the driver’s seat of the vehicle at the time of the crash. They added that no one else was in the vehicle when Nieves got out of the car and ran in the direction of their home.
Another witness, a neighbor across the street, said he looked outside after hearing the crash and saw no one else in or around the vehicle after Nieves took off.
After speaking with all of the witnesses, Officer Washburn placed Nieves under arrest.
“Since Mr. Nieves had a folding knife attached to his belt I conducted a pat frisk for any further weapons,” wrote Officer Washburn in his Narrative. “On his person Officer Jakola and I found two cell phones, a lighter, a pack of cigarettes, two pocket knives and keys. While searching Mr. Nieves I also found a glass tube containing a glass powdery substance and a small red plastic container with small clumps of a chalky off-white substance. Through my training and experience I suspected the chalky substance to be crack cocaine and the tan powder to be heroin. I asked Mr. Nieves what was in the containers and he also stated that it was in fact heroin (Class A drug) and crack cocaine (Class B drug). There was also a long thin container in his pocket that I did not open on scene.”
Officer Jakola transported Nieves to the Leominster Police Department for booking while Officer Washburn filled out a vehicle inventory report and waited for Able Auto to tow the vehicle from the scene.
When he returned to the station, Officer Washburn was informed by Officer Jakola that during the booking process police found more cocaine inside the long thin container and a single 4mm Remington bullet in Nieves’ pocket. Officer Washburn confirmed that Nieves did not have an active License to Carry or FID card.
According to Officer Washburn, Nieves’ Board of Probation (BOP) record indicates that in September 30, 2019, Nieves was found guilty for operating a motor vehicle after a suspended license (subsequent offense) in Leominster District Court. Earlier that year, on April 3, 19, he was found guilty for OUI drugs, also out of Leominster District Court.
Taking all of this into account, Officer Washburn charged Nieves with operating a motor vehicle with a suspended license (subsequent offense), negligent operation of a motor vehicle, possession of ammunition without a FID card, possession of a Class A substance, possession of a Class B substance, and operating under the influence of drugs (2nd offense).
Nieves’ bail was set at $1,000.
Nieves was arraigned in Leominster District Court by Judge Mark Noonan, who released him on personal recognizance under the condition that he not sell drugs or drive.
Nieves appeared in Leominster District Court for a pretrial conference on June 27. The conference was continued to July 21.
Disclaimer: If you are wondering why the incident in this story was from June (you’re an a$$hole that doesn’t understand my business model, just kidding🃏), that’s because I had to file FOIA request(s) to get the court documents for the incident. FOIAs are time consuming.
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