AYER — On Sunday, June 2, 2024, at 3:08 a.m., Officer David Lansing of the Ayer Police Department responded to a report of an unresponsive man in a motor vehicle parked along the train tracks on Sandy Pond Road near Taco Bell, which is located at 4 Sandy Pond Road.
(The account and quotations in this article were sourced from the printed Personnel Narrative of Officer Lansing and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
Officer Lansing reported that the individual who made the call stated that the man inside the vehicle was unresponsive to his attempts to wake him. The caller also mentioned that the vehicle was not parked on the train tracks and identified it as a 2010 red Nissan Altima with Massachusetts plates.
Officer Lansing said that when he arrived on scene, he observed a dark-colored pickup truck stationary in the northbound lane of Sandy Pond Road. Approximately five to six car lengths ahead of the pickup truck, also in the northbound lane and facing north, was the 2010 red Nissan.
“I pulled up behind the Nissan and activated my takedown lights,” Officer Lansing said. (Takedown lights are bright, white lights mounted on police cruiser, used to illuminate the area in front of the cruiser during traffic stops or investigations. These lights enhance visibility for officers, allowing them to clearly observe the occupants of a stopped vehicle or the surrounding area.) “I observed someone in the motor vehicle, who appeared to be the only occupant sitting in the driver’s seat. The motor vehicle then began operating northbound on Sand Pond Road towards the intersection of Sandy Pond Road and Central Avenue. The motor vehicle drove over some train tracks.”
After the vehicle crossed the train tracks, Officer Lansing activated the blue lights on his cruiser. The operator of the Nissan continued to drive in a straight line for approximately 100 feet at a low rate of speed (about 15 mph) before stopping on the side of Sandy Pond Road. At this point, Officer Lansing requested Officer Timothy Ialeggio respond as backup.
Officer Lansing spoke with the driver and registered owner of the vehicle, who was later identified as Ismael Paulino Mendoza. Officer Lansing observed that Mendoza’s eyes were very bloodshot and glossy, and he detected a moderate to strong odor of an alcoholic beverage coming from his breath.
According to police, Ismael Paulino Mendoza, 22, is a resident of 165 Broad Street in Hudson. Mendoza was born in Guerrero, Mexico. (Guerrero is a state located on the Pacific coast of Mexico.) Mendoza is married and works at Tequila’s Mexican Cantina in Groton.
“I said hello to Ismael, who retrieved his wallet,” Officer Lansing said. “At first, he appeared to go into the cash portion of his wallet. I asked Ismael if he had a driver’s license, and he stared and muttered a single syllable but I could not understand what he said. I asked him, again, if he had a driver’s license and he said either ‘what’ or ‘no.’ I asked Ismael if he was drunk, and he did not respond. At this time, I was trying to determine if Ismael was under the influence of a substance, tired, if he understood what I was saying, or some combination of the three. He appeared to be looking for some form of documentation in his wallet while I spoke to him. He eventually presented me with what looked like some kind of driver’s license from Mexico. I asked Ismael if he had a registration in Spanish. Ismael responded with something to the effect of ‘passportio?’ At one point, the motor vehicle began to move forward. I told Ismael to stop, which he did soon after.”
Officer Lansing looked inside Mendoza’s car and noticed that it was still in drive.
“I told Ismael to put the motor vehicle in park,” Officer Lansing said. “However, Ismael appeared to have a hard time understanding what I was saying to him. Eventually, Ismael put the motor vehicle in park. I then told Ismael to turn the motor vehicle off. Ismael appeared to not understand what I said. At one point, Ismael reached for the glove box. I told Ismael to keep his hands on the steering wheel and gestured with my hands to show him what I meant. Ismael still did not understand what I was saying. I saw that the ignition for the motor vehicle was a push start button. I reached into the motor vehicle and shut the motor vehicle off from the outside. I secured Ismael’s driver’s license and passport. I told Ismael not to move.”
Officer Lansing then contacted dispatch, provided Mendoza’s information, and noted that he was the registered owner of the vehicle. Dispatch informed Officer Lansing that Mendoza did not have a license status in Massachusetts.
At this time, Officer Ialeggio arrived on scene.
“I gave Officer laleggio a report and asked if he could speak to Ismael in Spanish,” Officer Lansing said. “After a short interview, it was determined that Ismael may be intoxicated. Officer Ialeggio obtained the portable breath test machine. We re-engaged Ismael and had him exit the motor vehicle. Once Ismael exited the motor vehicle, he leaned up against the side of the motor vehicle. We had Ismael follow us away from the motor vehicle and stand behind it.”
Officer Ialeggio then gave Mendoza instructions for the Horizontal Gaze Nystagmus test, a field sobriety 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.
“Officer Ialeggio gave Ismael instructions for the Horizontal Gaze Nystagmus test and administered the exam,” Officer Lansing said. “Once the exam was complete, Officer Ialeggio said he would not be able to effectively communicate the instructions for the walk-and-turn (WAT) and one-leg stand (OLS) tests in Spanish. We provided Ismael the portable breath test and he blew a .175 BAC [blood alcohol content] at approximately 3:32 a.m. At this time, we formed the opinion that Ismael was intoxicated and placed him under arrest for Operating Under the Influence (OUI) of an Intoxicating Liquor.”
After taking Mendoza into custody, Officer Lansing transported him to the Shirley Police Department to utilize their breath test machine. Officer laleggio remained on scene to inventory Mendoza’s motor vehicle.
“Upon arrival, Ismael was provided his Miranda Rights in Spanish, and an electronic copy of his statutory rights and consent form in Spanish, on which he indicated he refused to take the test,” Officer Lansing said. “I provided Ismael the English counterpart of the statutory rights and consent form in English and I documented that Ismael refused to take the test. I then transported Ismael to the Ayer Police Department to complete booking.”
Mendoza was charged with OUI Liquor and Unlicensed Operation of a Motor Vehicle.
Mendoza’s bail was set at $40.
Mendoza was arraigned in Ayer District Court on June 3, 2024.
He attended a pretrial conference on July 17.
His next court appearance is scheduled for Sept. 4, 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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