LEOMINSTER — At around 8 p.m. on Friday, Dec. 22, 2023, Officer Jonathan Ramos of the Leominster Police Department was heading to a service call at Athens Pizza, located at 525 Main Street. As he approached the Main Street intersection, and slowed down for a red light, a pickup truck driving on the wrong side of the road suddenly sped up and nearly collided head-on with his cruiser.
(The account and quotations in this article were taken from the Personnel Narratives of Officer Ramos and Officer Renzo Vasconcelos.)
According to Officer Ramos, the truck (a gray Toyota Tundra) drove straight through the intersection without staying to the right as it passed, accelerated towards his cruiser, and then abruptly changed direction to maneuver around his cruiser.
“I observed the truck change directions quickly, move to the left of the cruiser, and pass me, crossing a double yellow line,” Officer Ramos said. “I activated my emergency lights and reversed direction towards downtown.”
Officer Ramos pulled the truck over near the intersection of Main and Summer streets. Officers Ramos then approached the vehicle to speak with the driver. Shortly thereafter, Officers Renzo Vasconcelos and Marjus Zylyftari arrived as backup.
Officer Ramos said that as he introduced himself to the driver – later identified as Justin Kirouac – and informed him of the reason for the motor vehicle stop, he noticed visible signs of intoxication.
“I immediately noticed that Mr. Kirouac’s speech appeared to be slurred, and he spoke as if he had a heavy tongue,” Officer Ramos said. “I observed Mr. Kirouac’s eyes to be glassy. I continued to ask Mr. Kirouac what happened this evening, but his responses were not coherent and did not make sense. I made numerous attempts for Mr. Kirouac to explain his actions, but he decided that he was not going to. I returned to my cruiser and entered Mr. Kirouac’s information in CJIS [the FBI’s Criminal Justice Information Services (CJIS) database].”
Justin Kirouac, 30, is a resident of 69 Belair Heights in Leominster. He’s unmarried and works as a project supervisor for PJ Keating, a quarry in Lunenburg.
When Officer Ramos returned to his cruiser to look up Kirouac in CJIS, Officer Vasconcelos approached the vehicle.
“As I was standing on the driver’s side, I asked the operator what his name is,” Officer Vasconcelos said. “The operator told me he would not tell me. I then said that it is okay, I can just look it up by his license plate. The operator then told me his name, Justin. I asked Justin what his last name is and he would not tell me. At this moment, Justin asked me if it was okay if he drank some water. I said yes. Justin then proceeded to pick up an empty water bottle from the center console and pretend to drink it. I advised Justin the water bottle was empty and he continued to ‘drink’ from it. After a few minutes of standing next to the driver’s side door, the odor of cologne shifted away and I could smell a strong odor of an alcoholic beverage. I asked Justin if he had anything to drink tonight and he said he had a couple of beers. I then asked Justin how long ago did he have those drinks and he said it was a couple of hours ago.”
At this time, Officer Ramos reapproached the vehicle.
“I spoke to Mr. Kirouac again, giving him another opportunity to explain his reasoning for driving on the side of the road,” Officer Ramos said. “Mr. Kirouac informed me that he was going home, and that the intersection was designed poorly. Mr. Kirouac lives in Leominster and stated that he goes through that intersection every day (thus confirming his familiarity with the traffic pattern). I inquired with Mr. Kirouac to see if his traveling on the wrong side of the road tonight was not a regular occurrence. He informed me that he does go through the intersection like that and reminded me of the poor design. Mr. Kirouac’s statements about regularly operating his vehicle in this manner expressed to me his lack of care for public safety. As I spoke to Mr. Kirouac, I was able to smell the odor of an alcoholic beverage on his breath, which appeared to be masked by the strong odor of cologne.”
Officer Ramos then asked Kirouac – who was allegedly on the phone with his friend “Joe” – to get out of the vehicle so he could conduct a field sobriety test.
“I asked Mr. Kirouac if he had any firearms on his person (under immediate control), but he did not give me a yes or no answer,” Officer Ramos said. “Mr. Kirouac holds an active LTC [License to Carry] out of the City of Leominster. Mr. Kirouac exited the vehicle while he was still on the phone with ‘Joe.’ I ordered him to hang up the call as it began to interfere with my investigation. I asked Mr. Kirouac again if he had his firearm on him. He ignored me and was unable to answer my question. Mr. Kirouac continued his conversation with Joe as he received numerous orders to end the call. I asked Mr. Kirouac again if he had his firearm, but yet again, I was unable to receive a definite answer. Officer Zylyftari confirmed that Mr. Kirouac did not have any weapons on him by pat-frisking him. I continued my efforts to get Mr. Kirouac to end his call. Mr. Kirouac was leaning on the rear of his truck, and I instructed him not to. I walked with Mr. Kirouac to a flat, dry, and mostly smooth parking lot (St. Leo’s Church and school area). Mr. Kirouac struggled to maintain his balance after walking over a small (about 4”) granite curb. Mr. Kirouac turned around and raised his hands to the sky as if he were ordered to position his body like that, but he was not. I got Mr. Kirouac to focus his attention back on me, and I explained to him the seriousness of the motor vehicle stop. I asked Mr. Kirouac if he would participate in field sobriety tests, and he agreed.”
According to Officer Ramos, Kirouac was unable to participate in the Horizontal Gaze Nystagmus test because he said he was blind in his right eye. Officer Ramos then moved on to the walk-and-turn test. The walk-and-turn test involves walking heel to toe in a straight line with your hands at your side for approximately nine steps, then turning around and walking back to the starting point the same way.
“I explained to Mr. Kirouac the instructions and got him in the starting position (left foot on line and right heel touching the toes of the left foot),” Officer Ramos said. “While his arms were down at his side, Mr. Kirouac’s upper body swayed back and forth 3” inches to the left and right.”
Officer Ramos said Kirouac was unable to maintain the starting position of the walk-and-turn test because he repeatedly stepped off the painted yellow line with his right foot and raised his hands away from his legs’ sides, even putting them in his pockets, in an effort to maintain his balance.
“I attempted to place Mr. Kirouac back into the starting position so I could demonstrate the test,” Officer Ramos said. “He was unable to maintain the starting position by stepping off the yellow line and raising his arms. Mr. Kirouac continued to begin to take steps before he was instructed to, and he placed his hands in his pockets. I attempted to place Mr. Kirouac into the starting position yet again, but he started before he was instructed to and raised his arms about shoulder height as if to form a ‘T.’ Mr. Kirouac was unable to follow directions, so I moved onto the one-leg stand. Mr. Kirouac informed me that his knee was borderline disabled, therefore I terminated my evaluations.”
Kirouac was arrested for operating under the influence of alcohol and was transported to the Leominster Police Department for booking.
During an inventory of Kirouac’s vehicle, Officer Vasconcelos found a Glock 34 9mm Gen 5 (serial# BTFF253) behind the front passenger seat inside the map pocket.
“Once I retrieved the firearm from the map pocket, I cleared the firearm,” Officer Vasconcelos said. “The firearm had a 17 round magazine inserted into its magazine well. While I was retrieving the firearm, I felt something else alongside the firearm. Inside the map pocket in which the firearm was located, was another 17-round magazine.”
In addition to the magazine in the Glock and the one found alongside it in the map pocket, Officer Vasconcelos also found a loose bullet in the rear of the vehicle.
Kirouac was determined to be the registered owner of the Glock.
Back at the station, Kirouac was booked without incident. He refused a breathalyzer test.
Kirouac was formally charged with OUI Liquor, Negligent Operation of A Motor Vehicle, Marked Lanes Violation, Possession of a Large Capacity Firearm, Unlawful Possession of A Large Capacity Feeding Device, and Intoxicated Licensee Carrying A Firearm.
His bail was set at $40.
Kirouac was arraigned in Leominster District Court on Dec. 27, 2023. At the request of Kirouac’s attorney, his arraignment was continued to Dec. 29, 2023. After the first continuance, Kirouac’s arraignment was continued a second time to Feb. 26, 2024.
LEOMINSTER — At around 8 p.m. on Friday, Dec. 22, 2023, Officer Jonathan Ramos of the Leominster Police Department was heading to a service call at Athens Pizza, located at 525 Main Street. As he approached the Main Street intersection, and slowed down for a red light, a pickup truck driving on the wrong side of the road suddenly sped up and nearly collided head-on with his cruiser.
(The account and quotations in this article were taken from the Personnel Narratives of Officer Ramos and Officer Renzo Vasconcelos.)
According to Officer Ramos, the truck (a gray Toyota Tundra) drove straight through the intersection without staying to the right as it passed, accelerated towards his cruiser, and then abruptly changed direction to maneuver around his cruiser.
“I observed the truck change directions quickly, move to the left of the cruiser, and pass me, crossing a double yellow line,” Officer Ramos said. “I activated my emergency lights and reversed direction towards downtown.”
Officer Ramos pulled the truck over near the intersection of Main and Summer streets. Officers Ramos then approached the vehicle to speak with the driver. Shortly thereafter, Officers Renzo Vasconcelos and Marjus Zylyftari arrived as backup.
Officer Ramos said that as he introduced himself to the driver – later identified as Justin Kirouac – and informed him of the reason for the motor vehicle stop, he noticed visible signs of intoxication.
Justin Kirouac, 30, is a resident of 69 Belair Heights in Leominster. He’s unmarried and works as a project supervisor for PJ Keating, a quarry in Lunenburg.
“I immediately noticed that Mr. Kirouac’s speech appeared to be slurred, and he spoke as if he had a heavy tongue,” Officer Ramos said. “I observed Mr. Kirouac’s eyes to be glassy. I continued to ask Mr. Kirouac what happened this evening, but his responses were not coherent and did not make sense. I made numerous attempts for Mr. Kirouac to explain his actions, but he decided that he was not going to. I returned to my cruiser and entered Mr. Kirouac’s information in CJIS [the FBI’s Criminal Justice Information Services (CJIS) database].”
When Officer Ramos returned to his cruiser to look up Kirouac in CJIS, Officer Vasconcelos approached the vehicle.
“As I was standing on the driver’s side, I asked the operator what his name is,” Officer Vasconcelos said. “The operator told me he would not tell me. I then said that it is okay, I can just look it up by his license plate. The operator then told me his name, Justin. I asked Justin what his last name is and he would not tell me. At this moment, Justin asked me if it was okay if he drank some water. I said yes. Justin then proceeded to pick up an empty water bottle from the center console and pretend to drink it. I advised Justin the water bottle was empty and he continued to ‘drink’ from it. After a few minutes of standing next to the driver’s side door, the odor of cologne shifted away and I could smell a strong odor of an alcoholic beverage. I asked Justin if he had anything to drink tonight and he said he had a couple of beers. I then asked Justin how long ago did he have those drinks and he said it was a couple of hours ago.”
At this time, Officer Ramos reapproached the vehicle.
“I spoke to Mr. Kirouac again, giving him another opportunity to explain his reasoning for driving on the side of the road,” Officer Ramos said. “Mr. Kirouac informed me that he was going home, and that the intersection was designed poorly. Mr. Kirouac lives in Leominster and stated that he goes through that intersection every day (thus confirming his familiarity with the traffic pattern). I inquired with Mr. Kirouac to see if his traveling on the wrong side of the road tonight was not a regular occurrence. He informed me that he does go through the intersection like that and reminded me of the poor design. Mr. Kirouac’s statements about regularly operating his vehicle in this manner expressed to me his lack of care for public safety. As I spoke to Mr. Kirouac, I was able to smell the odor of an alcoholic beverage on his breath, which appeared to be masked by the strong odor of cologne.”
Officer Ramos then asked Kirouac – who was allegedly on the phone with his friend “Joe” – to get out of the vehicle so he could conduct a field sobriety test.
“I asked Mr. Kirouac if he had any firearms on his person (under immediate control), but he did not give me a yes or no answer,” Officer Ramos said. “Mr. Kirouac holds an active LTC [License to Carry] out of the City of Leominster. Mr. Kirouac exited the vehicle while he was still on the phone with ‘Joe.’ I ordered him to hang up the call as it began to interfere with my investigation. I asked Mr. Kirouac again if he had his firearm on him. He ignored me and was unable to answer my question. Mr. Kirouac continued his conversation with Joe as he received numerous orders to end the call. I asked Mr. Kirouac again if he had his firearm, but yet again, I was unable to receive a definite answer. Officer Zylyftari confirmed that Mr. Kirouac did not have any weapons on him by pat-frisking him. I continued my efforts to get Mr. Kirouac to end his call. Mr. Kirouac was leaning on the rear of his truck, and I instructed him not to. I walked with Mr. Kirouac to a flat, dry, and mostly smooth parking lot (St. Leo’s Church and school area). Mr. Kirouac struggled to maintain his balance after walking over a small (about 4”) granite curb. Mr. Kirouac turned around and raised his hands to the sky as if he were ordered to position his body like that, but he was not. I got Mr. Kirouac to focus his attention back on me, and I explained to him the seriousness of the motor vehicle stop. I asked Mr. Kirouac if he would participate in field sobriety tests, and he agreed.”
According to Officer Ramos, Kirouac was unable to participate in the Horizontal Gaze Nystagmus test because he said he was blind in his right eye. Officer Ramos then moved on to the walk-and-turn test. The walk-and-turn test involves walking heel to toe in a straight line with your hands at your side for approximately nine steps, then turning around and walking back to the starting point the same way.
“I explained to Mr. Kirouac the instructions and got him in the starting position (left foot on line and right heel touching the toes of the left foot),” Officer Ramos said. “While his arms were down at his side, Mr. Kirouac’s upper body swayed back and forth 3” inches to the left and right.”
Officer Ramos said Kirouac was unable to maintain the starting position of the walk-and-turn test because he repeatedly stepped off the painted yellow line with his right foot and raised his hands away from his legs’ sides, even putting them in his pockets, in an effort to maintain his balance.
“I attempted to place Mr. Kirouac back into the starting position so I could demonstrate the test,” Officer Ramos said. “He was unable to maintain the starting position by stepping off the yellow line and raising his arms. Mr. Kirouac continued to begin to take steps before he was instructed to, and he placed his hands in his pockets. I attempted to place Mr. Kirouac into the starting position yet again, but he started before he was instructed to and raised his arms about shoulder height as if to form a ‘T.’ Mr. Kirouac was unable to follow directions, so I moved onto the one-leg stand. Mr. Kirouac informed me that his knee was borderline disabled, therefore I terminated my evaluations.”
Kirouac was arrested for operating under the influence of alcohol and was transported to the Leominster Police Department for booking.
During an inventory of Kirouac’s vehicle, Officer Vasconcelos found a Glock 34 9mm Gen 5 (serial# BTFF253) behind the front passenger seat inside the map pocket.
“Once I retrieved the firearm from the map pocket, I cleared the firearm,” Officer Vasconcelos said. “The firearm had a 17 round magazine inserted into its magazine well. While I was retrieving the firearm, I felt something else alongside the firearm. Inside the map pocket in which the firearm was located, was another 17-round magazine.”
In addition to the magazine in the Glock and the one found alongside it in the map pocket, Officer Vasconcelos also found a loose bullet in the rear of the vehicle.
Kirouac was determined to be the registered owner of the Glock.
Back at the station, Kirouac was booked without incident. He refused a breathalyzer test.
Kirouac was formally charged with OUI Liquor, Negligent Operation of A Motor Vehicle, Marked Lanes Violation, Possession of a Large Capacity Firearm, Unlawful Possession of A Large Capacity Feeding Device, and Intoxicated Licensee Carrying A Firearm.
His bail was set at $40.
Kirouac was arraigned in Leominster District Court on Dec. 27, 2023. At the request of Kirouac’s attorney, his arraignment was continued to Dec. 29, 2023. After the first continuance, Kirouac’s arraignment was continued a second time to Feb. 26, 2024.4
Disclaimer: If you are wondering why the incident in this story was from December, that’s because I had to file FOIA request(s) to get the court documents for the incident. FOIAs are time consuming.
