MAYNARD — On Saturday, June 8, 2024, at approximately 5:19 p.m. Officer Christopher Wellborn of the Maynard Police Department was dispatched to the area of 12 Butler Avenue following a report that a motor vehicle had rolled over and deployed its airbags.
Sergeant Dan Bodwell, Officer Rick Seeley, and Officer Jeffery Houle, along with the Maynard Fire Department, also responded to the scene.
(The account and quotations in this article were sourced from the printed Personnel Narrative of Officer Wellborn and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
When he arrived on scene, Officer Wellborn observed a white 2009 Lexus IS 250 with Massachusetts plates upside down on the roadway near 12 Butler Avenue.
Officer Seeley, who was already on the scene when Wellborn arrived, was speaking with the vehicle’s operator, later identified as Christopher Cato.
According to police, Christopher Cato, 52, is a resident of 26 Butler Avenue in Maynard. He’s divorced and works as a service manager at Haskins Automotive in Wellesley.
Officer Wellborn approached Cato who was seated on the front steps of 12 Butler Avenue.
“I asked Christopher if he was injured as a result of the crash and he stated that he was not,” Officer Wellborn said. “I asked Christopher what happened and he stated that he had left his residence at 26 Butler Avenue and was going to the liquor store to purchase more beer when he saw a pot hole in the roadway and attempted to swerve to the right to avoid it. Christopher said that his vehicle struck a tree stump that was in front of 14 Butler Avenue, which cased his vehicle to roll over.”
Officer Wellborn noted that Butler Avenue is on a hill, with a decline from 26 to 12 Butler Avenue. He also observed the tree stump that Cato mentioned hitting, which appeared to have “new damage to it.”
“Christopher stated that he was only driving 10 miles per hour when he struck the stump, but due to the damage to the front passenger side wheel, which struck the tree stump, it appears he was driving two to three times that speed when he crashed,” Officer Wellborn said. “There are no speed limit signs on Butler Avenue and the town-wide speed limit is 25 miles per hour, unless posted otherwise.”
Officer Seeley spoke with the resident of 12 Butler Avenue, the residence outside of which the crash took place. The resident told Officer Seeley that after he heard the accident, he went outside, grabbed Cato’s legs, and helped him get out of the vehicle. He then assisted Cato to the front steps of his residence and asked if he had been drinking that night. Cato confirmed that he had been.
At this time, the Maynard Fire Department arrived and evaluated Cato. Cato declined transport to the hospital for further evaluation and signed a patient refusal form. After this, Officer Wellborn continued speaking with Cato.
“I stood closer to Christopher as I spoke to him and could detect a moderate odor of alcoholic beverage coming from him as he spoke,” Officer Wellborn said. “I asked Christopher if he had consumed any alcoholic beverages tonight and he stated that he had. Christopher said that he drank a six pack of Corona Light beer (12-ounce beers, 4.0% alcohol by volume). Christopher stated that he started drinking the beers at approximately 1:00pm and had the last beer at approximately 3:30 p.m. Christopher stated that he then took a nap after drinking the beers and woke up a little while ago to go get more beer. While speaking to Christopher, I observed his eyes to be bloodshot and glassy in appearance.”
Officer Wellborn asked Cato if he would perform a series of standardized field sobriety tests (SFSTs). Cato said he would perform the tests.
“I located an area of roadway which was level and free of debris,” Officer Wellborn said. “This location was also out of sight of the blue and red emergency lights. I took out a ‘Field Sobriety Test Instructions,’ card that I carry on my person while on patrol and read the instructions for each test from it”
The first test that Officer Wellborn had Cato perform was the Horizontal Gaze Nystagmus test.
According to findlaw.com, the Horizontal Gaze Nystagmus (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.
“I asked Christopher if he was on any medications and he told me that he takes daily blood pressure medication and that he had taken them today. I asked Christopher to remove his sunglasses for the test. I checked Christopher’s eyes and observed his pupils to be equal in size,” Officer Wellborn said. “I instructed Christopher to keep his feet together, hands down by his side. I instructed him to keep his head still and follow the tip of my pen with his eyes only and not to move his head. Christopher stated he understood. After starting the test, Christopher repeatedly moved his head while following the tip of my pen. While checking his eyes, I observed a lack of smooth pursuit in both eyes. I also observed a distinct and sustained nystagmus at maximum deviation and prior to 45 degrees in both eyes. There were six out of six indications during this test.”
After Cato failed the Horizontal Gaze Nystagmus, Officer Wellborn asked him to perform the nine step walk and turn test. This test requires the subject to count out loud as they take nine heel-to-toe steps along a straight line (like a visible line on a road), then turn on one foot and return in the opposite direction.
“I asked Christopher if there was anything that would prevent him from performing this test and he stated that he had support insoles in each of his sneakers,” Officer Wellborn said. “I asked how this would affect his performance in the test and he stated he was not sure. Christopher then showed me the insoles and they appeared to be thin gel support insoles. I told Christopher that he could remove the shoes or insoles prior to performing the tests if he wanted to and he stated that it may be worse to do that.”
Officer Wellborn then explained the instructions of the nine step walk and turn test and demonstrated the test for Cato.
“Christopher stated that he understood the instructions,” Officer Wellborn said. “I told Christopher to begin the test. Christopher’s first three steps had about three inches in between heel and toe. Christopher then stepped about a foot to the right off the straight line before continuing down the line. Each other step was over two inches from heel and toe. After nine steps, Christopher turned 90 degrees to the right without pivoting on one foot and taking a series of small steps with the other foot and asked if he should start the next nine steps. I told him that he needed to turn around 180 degrees and take nine more heel-to-toe steps back to where he began the test. During the nine heel-to-toe steps back, Christopher stepped off the line about four inches to the right twice. The other steps had about one to two inches in between heel and toe. There were four out of eight indications during this test.”
The next test Officer Wellborn asked Cato to perform was the one-leg stand. This test involves lifting one leg about six inches off the ground, then holding the foot in a position parallel to the ground, while keeping ones arms at their sides.
After explaining the test instructions to Cato, Officer Wellborn asked if he understood. Cato then began the test before being instructed to do so.
“Christopher stated that he understood,” Officer Wellborn said. “I told Christopher to begin the test. Christopher started the test by lifting his right foot about one inch off the ground and immediately placing it back down. Christopher attempted to lift his right foot about five more times and immediately placed it down on the ground. Christopher was swaying left and right while attempting to raise his right foot. There were two out of four indications during this test.”
Officer Wellborn added: “Based on my physical observations of Christopher, his bloodshot and glassy eyes, the odor of alcoholic beverage coming from him as he spoke, his admittance of consuming alcoholic beverages prior to driving and the crash that caused his vehicle to roll over, I formed the opinion that Christopher was operating a motor vehicle under the influence of alcohol and negligently.”
Cato was handcuffed and transported to the Maynard Police Department for booking.
At the station, Officer Wellborn said that Cato consented to a breath test, which resulted in a combined blood alcohol content (BAC) level of 0.18% for the second and third test results.
“I read Christopher the Statutory Rights and Consent form verbatim and gave Christopher a copy to read along,” Officer Wellborn explained. “Christopher consented to take an evidentiary breath test at 6:23 p.m. and signed the form. At 6:24 p.m., I started a 15-minute observation period of Christopher in which I did not observe him belch, burp, spit, vomit, or place anything near or in his mouth. The Dragger Alcotest 9510 was started and began warming up. The observation period concluded at 6:39 p.m. At this time, I had Christopher perform the first breath test which resulted in an, ‘Interferent detected.’ I then had Christopher perform a second and third breath test which resulted in a combined BAC of 0.18%.”
Officer Wellborn then read Cato the Notice of Suspension for a Chemical Test Failure form and informed him that his right to operator a motor vehicle was suspended immediately. Cato’s driver’s license was then seized.
Cato was formally charged with:
- Operating a motor vehicle under the influence of alcohol
- Negligent operation of a motor vehicle
Cato was arraigned in Concord District Court on June 8, 2024.
Disclaimer: If you are wondering why the incident in this story was from June, 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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