ORANGE — On Sunday, May 26, 2024, around 3:55 p.m., Officer Kyle Johnson of the Orange Police Department, while on patrol, noticed a red Ford Ranger with Massachusetts plates on Eddy Street.
On a hunch, Officer Johnson conducted an RMV query of the vehicle, which revealed that it had an expired inspection sticker.
(The account and quotations in this article were sourced from the printed Personnel Narrative of Officer Johnson and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
“The inspection sticker expired as of 02/01/24, nearly four months prior. About 12 minutes later, I was monitoring traffic on East Main Street in the area of Wheeler Avenue, when I observed the Ford Ranger travelling eastbound past my location,” Officer Johnson said. “I pulled out behind the vehicle and initiated a traffic stop in the area of Walmart.”
Officer Johnson approached the vehicle and spoke with the driver who was later identified as Larry Whaley.
According to police, Larry W. Whaley, 53, is a resident of 47 Hamlet Mill Road, Baldwinville, MA.
“I advised him that he was stopped due to his inspection sticker being expired which he said he understood,” Officer Johnson said. “He explained that the truck is in need of repairs which is why he has intentionally delayed having it inspected. I requested his license and registration. Whaley initially provided me with the wrong paperwork but was eventually able to locate the correct registration and his license.”
Officer Johnson said that while speaking with Whaley he could smell “a strong odor of an alcoholic beverage” on his breath as he spoke. In addition, in plain view, in the center console of the vehicle, Officer Johnson saw an open nip bottle of Dr. McGillicuddy’s peppermint schnapps.
“I observed Whaley’s eyes to be red and glassy and his speech to be slurred at moments, yet rapid in cadence,” Officer Johnson noted. “I also noticed Whaley was very jittery and he moved around a lot. I asked him if he had any alcoholic beverages before driving and Whaley initially told me he had none.”
Whaley then told the officer that although he didn’t have a recollection of drinking that night, if he did drink anything, it was one “Twisted Tea-type beverage prior to driving.”
“The odor of alcoholic beverage became stronger the more I spoke with Whaley,” Officer Johnson said. “I also asked Whaley if he smoked crack-cocaine based on his rapid speech and jittery movements.”
Whaley told Officer Johnson that he did not smoke crack-cocaine.
At this time, Officer Chris Bisceglia arrived on scene to assist, while Officer Johnson checked Whaley’s license, registration, and warrant status.
“I returned to Whaley’s vehicle and explained that I was going to have him step out for Standardized Field Sobriety Tests (SFSTs),” Officer Johnson said. “I walked Whaley across the street to the O’Reilly Auto Parts parking lot. I chose the parking lot because it was safe, free from debris or defects, and away from traffic.”
Officer Johnson reported that Whaley stated his highest level of education was 11th grade and that he could count and knew the alphabet.
“Whaley stated he had some mobility issues, his left knee being the most problematic,” Officer Johnson said. “He said he has no cartilage in his knee and it makes him limp when he walks. It should be noted that I observed him while walking to the parking lot and I did not see him limping. He said his shoulders and back are, “$h*t,” as well. Whaley said he works in construction and is able to complete that work with some pain. I had him remove his glasses and I began the SFSTs.”
The first field sobriety test Officer Johnson asked Whaley to take was the Horizontal Gaze Nystagmus (HGN) test.
According to findlaw.com, the HGN test is a field sobriety test where an officer has an individual follow an object (such as a pen tip or pen light) with his/her eyes. The HGN test checks for the involuntary jerking of one’s eyes as they gaze side to side. This involuntary jerkiness is said to increase while under the influence of alcohol.
“While conducting the HGN, Whaley moved his head side to side several times and each time I reminded him to keep his head still,” Officer Johnson said. “It appeared to be difficult for him to keep his head still even when he tried to. Whaley showed signs of impairment during this test.”
The second field sobriety test Officer Johnson asked Whaley to perform was 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.
“During the walking stage, Whaley stepped off-line on several steps, missed heel-to-toe by more than a half-inch on several steps, raised his arms greater than six inches, and had an improper turn. Whaley showed signs of impairment during this test,” Officer Johnson said.
The third field sobriety Officer Johnson asked Whaley to perform was the one leg stand (OLS) test. This test involves lifting one leg about six inches from the ground, while holding the foot in a position parallel to the ground, with arms kept at the sides.
“I provided the instructions and demonstrated the OLS I asked Whaley if he had any questions, to which he replied, ‘Not that I know of,’” Officer Johnson said. “Whaley stated he would be lifting his left foot. Whaley completed the OLS. During the test, Whaley swayed while balancing and used his arms for balance greater than six inches from his body. Whaley showed signs of impairment during this test.”
Officer Johnson said that Whaley also agreed to take a breath test with a portable breathalyzer Officer Johnson had with him on scene. The results of the test were 0.099% blood alcohol content.
After failing the field sobriety tests and the breathalyzer, Officer Johnson placed Whaley under arrest.
“I walked him back to my patrol vehicle and searched his person,” Officer Johnson said. “I located an empty Dr. McGillicuddy’s nip bottle in his left pocket and a sealed one in his right pocket. At the conclusion of the search, Whaley requested his wallet and cell phone from his vehicle to bring to the police department.”
Officer Johnson secured Whaley in the rear of his cruiser and went back to Whaley’s truck to get his cell phone and wallet.
“While picking them up, I observed an empty corner-bag in the right door pocket in plain view. A corner-bag refers to a corner that has been ripped off of a glassine sandwich bag that is used to package narcotics for sale,” Officer Johnson said. “I advised Officer Bisceglia of my findings before transporting Whaley to the station for booking. I read Whaley his Miranda Rights from a card I carry on my person. Whaley stated he did not wish to answer any questions. Officer Bisceglia completed an inventory and search of the vehicle based on probable cause. The vehicle was towed by Dale’s Towing.”
When Whaley and Officer Johnson arrived at the station, Whaley was searched a second time.
“During the search, two glassine bags containing a chalky-white substance, that I believe to be crack-cocaine, fell out of Whaley’s right sock,” Officer Johnson said. “One of the bags contained seven individual knotted corner-bags of suspected crack-cocaine. Based on my training and experience, possessing a total of eight individual bags of crack-cocaine is only consistent with an individual who intends to distribute the drug. The very high majority of people I have found to possess illegal narcotics, particularly crack-cocaine, have only one bag at the time of the seizure, which would be consistent with a user-amount of the drug.”
Officer Johnson said that the user-amounts of crack-cocaine that he typically locates are two grams or less. Whaley, however, had approximately seven grams of crack-cocaine in his possession at the time of his arrest.
“I believe Whaley intended to distribute the crack-cocaine he was found to be in possession of,” Officer Johnson said. “Later on during booking, I located a ninth knotted corner-bag inside of his wallet. This corner-bag contained a purple chalky substance, which based on my training and experience, was consistent with fentanyl. I told Whaley he was being charged with possession with intent to distribute. Whaley responded, ‘Yeah, I know.’ The suspected narcotics were entered into property and stored in the department’s narcotics locker. All suspected narcotics will be tested at the Massachusetts State Police Drug Lab.”
Officer Johnson said that “based on the totality of the circumstances,” he charged Whaley with the following:
- No Inspection Sticker
- OUI Liquor or .08%, Second Offense
- Possess Open Container of Alcohol in Motor Vehicle
- Possess to Distribute Class B Drug (Crack-Cocaine)
- Possess Class A Drug (Fentanyl)
Whaley’s bail was set at $750 plus a $40 administrative fee.
Whaley was able to produce the bail money and was released from custody at approximately 7:06 p.m.
Whaley was arraigned in Orange District Court on May 28, 2024.
He is scheduled to appear in court again on July 19, 2024 for a pretrial hearing.
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