LEOMINSTER — On Tuesday, Jan. 23, 2023, Officer Kyle Klimowicz of the Leominster Police Department was on patrol when he got a call at around 11:15 p.m. from off-duty police Officer Tyler Labell who stated that he was in Applebee’s at 251 North Main Street and could see someone pulled over on the side of the road in the driveway of the business, passed out behind the wheel of a white vehicle.
(The account and quotations in this article were taken from the printed Personnel Narrative of Officer Klimowicz.)
“On arrival for this well being check, I observed the reported vehicle, a white Kia Soul pulled over in the driveway between Applebee’s and Urgent Care, in park with the engine running,” Officer Klimowicz said. “It should be noted that this driveway is directly off of North Main Street and serves as a right of access to the public for them to go into the businesses there (i.e. Applebee’s, Urgent Care, etc.). The reported individual was passed out in the driver’s seat. He was later identified as Christopher Mullen, owner and operator of the respective vehicle.”
Christopher J. Mullen, 47, is a resident of 178B Princeton Street, Jefferson, MA. According to police, he’s originally from Worcester and works as a painter.
(Credit: Leominster Police Department)
“I observed Christopher unresponsive but breathing, and subsequently called for EMS,” Officer Klimowicz said. “Christopher was unresponsive to any stimuli including banging on the window and shining a flashlight to try to wake him. I opened the door to his vehicle to shake him to gain responsiveness, and when doing so, could see two empty nips in the driver’s side door pocket.”
Officer Klimowicz said Mullen was unresponsive when he asked whether he had taken anything that day or had any medical conditions. The officer then monitored Mullen’s condition while he waited for the arrival of EMS and Officer Gabrielle Larivee, who was responding to the scene as backup.
“During this, I observed a brown paper bag on the passenger side of the floor. Based on my training and experience, I recognized this as similar to what’s given at a package store when purchasing alcohol,” Officer Klimowicz said. “EMS arrived and were able to engage in conversation with Christopher in which they asked him ‘are you diabetic?’ Christopher replied, ‘no I’m not a diabetic. They checked his blood sugar and acknowledged there was nothing abnormal about those levels. When asked by EMS what he had taken, Christopher confirmed he had been drinking but did not reply about where he was drinking or how much he had to drink.”
Mullen declined an offer to go to the hospital with EMS and was medically cleared on scene.
“After Christopher was medically cleared, I returned to make contact with him to further investigate my reasonable suspicion that he had been operating while under the influence of alcohol,” Officer Klimowicz said. “At this point I had heard the conversation between EMS and him that he had been drinking, and had seen those nips in the driver door’s pocket.”
Officer Klimowicz approached Mullen and asked him to turn off the vehicle.
“Christopher was seemingly more alert at this point, and able to step out of the vehicle,” Officer Klimowicz explained. “He began to state that he has sleep apnea and that his doctor’s recommended that if he gets tired behind the wheel, for him to pull over to sleep for 10 minutes.”
Officer Klimowicz responded saying that his vehicle was not in a parking lot but a public right of access leading to businesses. Mullen acknowledged the officer’s statement, adding that he “thought it was a safe place.”
When speaking with Mullen outside of the vehicle, Officer Klimowicz observed more signs of impairment.
“It was apparent that Christopher had glassy eyes and a strong odor of an alcoholic beverage protruding when he spoke,” Officer Klimowicz said. “When asked if he knows what city he is in, he gave a blank stare and could not provide an answer. In response to being asked what the date was, he stated, ‘the 21st or 22nd’. (This occurred on the night of the 23rd). He was, however, able to name the current President.”
Officer Klimowicz said that Mullen appeared unsteady on his feet during their interaction, prompting him to lean against the rear of his vehicle for support.
“I explained to him the ability for him to take Field Sobriety Tests and explained what those would look like,” Officer Klimowicz said. “He was advised it could be to his benefit to take the tests if he was being truthful about only having ‘one beer hours ago’ as he stated.”
Officer Klimowicz reported that Mullen said he didn’t have any medical condition that would inhibit his ability to take the field sobriety tests, adding that he doesn’t believe he has any medical conditions that he’s aware of.
“Yet he did not agree to doing them,” Officer Klimowicz said. “He was asked, ‘If you’re fine and not under the influence then why not take them?’ in which he replied, ‘Because those tests pick up the littlest things.’ Christopher was then asked if he wanted to take a portable breath test to help corroborate his level of intoxication, and he refused. At this point based on the aforementioned investigation, I formed the opinion that Christopher was under the influence of liquor. I subsequently took Christopher into custody and notified him of being placed under arrest for Operating Under the Influence of Liquor.”
Before Mullen was placed into handcuffs, Officer Larivee read him his Miranda rights.
“During the explanation of his rights, Christopher interrupted saying ‘these are the Miranda rights, but I know my Miranda rights,'” Officer Klimowicz said. “Officer Larivee read them fully, and Christopher declined needing further explanation or clarification regarding them. I then searched and handcuffed Christopher (double locked for safety), and Officer Larivee transported him to the Leominster Police Department for booking.”
Back at the station, Mullen refused to take another breathalyzer test and Officer Klimowicz seized his license.
“Christopher’s vehicle was towed from the scene by Quality Towing,” explained Officer Klimowicz. “Prior to that, I took an inventory search of the Kia. One cardboard package of Smirnoff Root Beer nips was found beside the aforementioned brown paper bag in the passenger seat compartment. Anther was found in the black plastic bag on the passenger side. It should be noted that these containers are sold containing 10 nips. Seven empty nips of this kind were found scattered throughout the vehicle, in various places including the driver’s side door, under the driver’s seat, on the passenger seat floor, and beside the center console. Four full nips were also located in the passenger seat compartment. All nips were within reach of the driver’s positioning. Based on my training, I know that nips are often consumed and then discarded to prevent having open containers found in a vehicle.”
According to Officer Klimowicz, Mullen has been charged and convicted in the past on the two following occasions for Operating Under the Influence of Liquor:
- He was convicted for the charge in Worcester District Court on 11/17/01
- Worcester District Court show a disposition of continue without a finding on 12/28/99
Mullen was charged with OUI-Liquor or .08%, 3rd Offense.
His bail was set at $540.
Mullen was arraigned in Leominster District Court on Jan. 24, 2024; after which he was released on his own personal recognizance under the condition that he stay drug/alcohol free and submit to screenings.
Mullen is scheduled to appear in court again on March 7, 2024 for a pretrial conference.
Disclaimer: If you are wondering why the incident in this story was from January, that’s because I had to file FOIA request(s) to get the court documents for the incident. FOIAs are time consuming.
