LEOMINSTER — On Tuesday, Nov. 14, 2023, at 2:08 p.m., Officers Matthew Chagnon and Jonathan Benoit of the Leominster Police Department were dispatched to the Burger King on Merriam Avenue following a report of a man asleep in a vehicle in the parking lot.
(The following account and quotations were taken from the printed Personnel Narrative of Officer Chagnon.)
“Upon arrival I observed said vehicle dispatch gave (red Volkswagen) parked on the side of the building across two or three parking spots, the vehicle was on as I saw exhaust coming from the vehicle,” Officer Chagnon said.
The vehicle was registered to Dustin B. Grainger, 35, of 25 Leamy Street in Gardner. According to court documents, he’s unemployed and single.
When Officer Chagnon approached the driver’s side of the vehicle, he said Grainger appeared to be asleep. He was leaned back in his seat with a hat covering his face.
“The driver was in a reclined position, arms over his head, hat over his face,” Officer Chagnon said. “I observed a large glass tube (broken at the top) with what appeared to be a black looking burnt residue at the bottom on his lap. I also observed his phone on his lap as well as a torch style lighter, there was a bag of food between his seat and the door which is not a usual place for food you just purchased.”
Officer Benoit, who was at the passenger side of the vehicle, told Officer Chagnon that he could see in plain view a dollar bill with “a large amount” of a white powdery substance on it on the passenger seat. Also in plain view on the passenger seat was a small glass tube with “residue” on it.
“With the totality of the circumstances of the drug paraphernalia located in plain view of the vehicle, I then opened the door to conduct a wellbeing check on the operator. I announced myself and called out his name, receiving no response,” Officer Chagnon said. “I heard heavy breathing, so I then gave a sternum rub to gain a response which he then responded to. He awoke and was very disoriented, it appeared as if he did not know where he was. His eyes were glassy and bloodshot, pupils appeared restricted, he also appeared to be sweating as his hair appeared wet and there was sweat on his face as well, let it be noted that it was approximately 40 degrees out and that the heat did not appear to be on in his vehicle. I then formed the opinion that due to his dazed behavior that he may become confrontational, so I ordered him to keep his hands where I could see them and step out of the vehicle. I then advised him that I was going to detain him as I continued my investigation.”
Officer Chagnon handcuffed Grainger and placed him in the rear of his cruiser while Officer Benoit read him his Miranda Rights. Grainger told police he didn’t want to speak with them.
“Sgt. [Sean] Ferguson responded to said location and was briefed on the incident,” Officer Chagnon explained. “I advised Sgt. Ferguson that due to my findings and observations that I believe Mr. Grainger to be operating a motor vehicle under the influence of drugs. I believed through our interaction that he was at diminished capacity and could not operate a motor vehicle safely. Based on my findings and observations, I believed Mr. Grainger to be operating under the influence of a Class B substance (crack cocaine). Sgt. Ferguson then requested a tow for said vehicle and I began conducting a motor vehicle inventory per Department Policy.”
When Officer Chagnon began the inventory, he saw in plain view two small white “rock-looking substances,” which he believed were crack cocaine.
“These two small rocks were located on the shifter knob’s leather holder surrounded by a white powdery substance that was not able to be collected,” Officer Chagnon said.
Located in the cup holder was an empty, clear bag covered with the remnants of a white powdery substance. Adjacent to it was a glass tube, (glass tubes are often used for smoking crack). Inside this tube, there was a copper scrubber pad, typically employed as a filter for such use. The tube’s other end showed signs of being lit, evidenced by a blackened appearance and leftover burnt residue, Chagnon said.
In the back seat of the vehicle police located an unzipped black bag containing more drug paraphernalia.
“Inside said bag I located a small glassine bag tied off with what appeared to be dried caps and stems that, through my training and experience, are consistent with mushrooms (Psilocybin), a Class C substance,” Officer Chagnon said. “There was a small amount of marijuana in the bag, there were multiple ‘Wisebatch harm reduction Fentanyl Test Strip’ packages in there, butane fuel, a package of ‘Blue Chew’ sexual activity tablets with Dustin Grainger’s name on it, there was also a white powdery substance residue all over the bag.”
Also in the backseat was a box of baking soda and a sandwich bag with a white powdery substance in it.
“Based on my training and experience, baking soda is mixed with water and cocaine and then heated to turn the powder cocaine into ‘crack’ which is smoked using the cylindrical tube (crack pipe),” Officer Chagnon explained. “I issued Mr. Grainger Massachusetts Uniform Citation 283198AC for OUI drugs and negligent operation of a motor vehicle. Mr. Grainger put the public in danger by operating his motor vehicle under these circumstances. On Mr. Grainger’s BOP he has a guilty charge for possession of a Class B substance docket number [redacted]. Also let it be noted that on Mr. Grainger’s BOP he has an open case for possession to distribute a Class B drug.”
Grainger was charged with the following:
- OUI drugs (crack cocaine)
- Negligent operation of a motor vehicle (Mr. Grainger failed to operate his vehicle reasonably, which created a risk of danger to others by choosing to operate at a diminished capacity)
- Possession of a Class B substance (subsequent offense) (crack cocaine)
- Possession of a Class C substance (Psilocybin, magic mushrooms)
Grainger was arraigned in Leominster District Court at 3 p.m. the day he was arrested.
Disclaimer: If you are wondering why the incident in this story was from November, that’s because I had to file FOIA request(s) to get the court documents for the incident. FOIAs are time consuming.
