LEOMINSTER — At approximately 6:48 p.m. on Monday, July 8th, 2024, Officer James Mckenna of the Leominster Police Department was dispatched to Elm Street to investigate a complaint of an erratic operator.
(The account and quotations in this article were sourced from the printed Personnel Narrative of Officer McKenna and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
“Dispatch advised they received a call from [name redacted] that she observed a man urinating in the road outside of his vehicle baring MA PC [# redacted] in the area of the Sportsmen’s Club,” Officer Mckenna said. “I was also advised that the male appeared to be using the vehicle for balance. The caller finally advised the operator began travelling inbound on Elm Street at a very slow rate of speed.”
Officer McKenna conducted an RMV check on the vehicle’s registration, which revealed that the registration was expired.
“Once I rounded the corner onto Pond Street, I observed a gray Honda sedan bearing MA PC [# redacted] headed to the intersection of West Street and Pond Street,” Officer McKenna said. Later adding, “I reversed my cruiser’s direction. Once feasible, I entered traffic, activated my emergency overhead lights and sirens, and initiated a motor vehicle stop in front of 135 West Street.”
Officer McKenna said that he got out of his cruiser and approached the driver’s side of the vehicle, where he observed the driver, later identified as Dayton Schlosser, in the driver’s seat. The only other occupant of the vehicle was Schlosser’s son who was in the rear left seat in a child’s seat.
According to police, Dayton H. Schlosser, 47, is a resident of 48 Dillon Street in Leominster.
“I observed a blue White Claw Surge in the center console of the vehicle,” Officer McKenna said. “I began to explain to Dayton the reason for the stop and he reached into the center console and attempted to conceal the beverage underneath the seat or in between the seat. I explained to him his efforts were futile as I had already observed the can.”
Officer McKenna then asked for Schlosser’s license and registration.
“Dayton initially produced a white credit card from his wallet,” Officer McKenna said. “He then successfully produced his license without his registration. He was finally able to produce both documents successfully on the third attempt. I issued an exit order and spoke with Dayton in the front of the vehicle. The area in front of his vehicle was flat, dry, paved an unobstructed. It was adorned with a solid white straight, fog line. I spoke to Dayton regarding the allegation he was urinating on Elm Street which he adamantly denied. I asked Dayton how much liquor he consumed this afternoon to which he said ‘one drink.’ I confirmed with him that the only drink he had was the open White Claw can in the center console cupholders. While speaking with him, I found his speech to be thick, slurred and labored throughout our entire encounter. While Dayton was speaking, I was able to detect a moderate odor of alcoholic beverage on his breath in the open air. It was a bright, sunny afternoon and I was able to clearly see his eyes that were very glassy and bloodshot.”
Officer McKenna then began to administer field sobriety tests.
“I then requested Dayton perform what is commonly known as the alphabet test,” Officer McKenna said. “I asked Dayton to recite the alphabet from B through T without stopping or singing. Dayton stated he had at least a high school level of education and was familiar with the English alphabet. On the first attempt Dayton asked for clarification, recited ‘B, T, B, T, A’ then stated that he found the test difficult. I gave him the option to change the letters which he denied. On the second attempt, he asked for the instructions again then stopped at the letter P. Throughout the entire encounter, Dayton’s wife was calling him incessantly. I gave him the opportunity to call his wife before he started the walk and turn test.”
Officer McKenna read the instructions for the walk-and-turn test from a card he carries on his person (he did this for subsequent tests as well). The walk-and-turn test requires the individual to walk heel-to-toe in a straight line with their hands at their sides for about nine steps (counted out loud), then turn around and return to the starting point in the same way.
“I asked Dayton if he had any medical conditions, specifically injuries to his legs or back that would prevent him from taking the following test to which he stated he did not,” Officer McKenna said. “During the instructional phase of the walk and turn test, Dayton did not maintain the instructional position throughout and he lost his balance. During the walking phase, Dayton stepped off the line on nearly every step. He did not touch heal to toe as his feet were next to each other, not in front of each other. He performed the wrong number of steps, performed an improper turn. Dayton did not count out loud.”
The next field sobriety test Officer McKenna asked Schlosser to perform was the “one leg stand.” This test involves lifting one leg about six inches off the ground, while holding the foot in a position parallel to the ground, with arms kept at the sides.
“During the one leg stand test, Dayton put his foot down, used his arms for balance, swayed and hopped,” Officer McKenna explained. “Dayton began to stumble and hop aggressively to his left and I was fearful he would fall into traffic so I terminated the test. I formed the opinion Dayton was drunk and then placed Dayton under arrest.”
Officer McKenna then spoke with Schlosser’s wife. Schlosser’s wife said that their son went fishing with his older brother who eventually had to go to work. After his older brother went to work, the boy was placed in Schlosser’s care.
“[Schlosser’s wife] told me over the phone that she was very concerned because Dayton was not home when she got home from work,” Officer McKenna said. “Furthermore, she believed Dayton’s speech sounded very slurred over the phone and she was fearful he was under the influence. [Schlosser’s wife] stated she was driving all over Leominster looking for them. She stated she was unaware of where Dayton was coming from. [She] responded to the scene to retrieve the child.”
Officer McKenna then searched Schlosser’s car where he found three one pint cans of White Claw Surge that were empty.
“It is important to note these beverages are 8% ABV [alcohol by volume],” Officer McKenna said. Adding, “The vehicle was towed by Ricky’s towing.”
When he arrived at the police station, Officer McKenna spoke with the woman who initially reported the incident to police.
“She stated that while in the area of the Sportsmen’s club she observed a gray Honda Civic bearing MA PC [# redacted] with a gentleman urinating into the street next to the vehicle,” Officer McKenna recounted. “[The reporting party] explained the male was using the vehicle for balance the entire time. She also observed his head appeared to be nodding. [She] explained that she returned to where the vehicle was parked a few minutes later out of concern. The vehicle then began to drive and according to [the reporting party], completely entered her lane. [The reporting party] stated the operator eventually straightened the vehicle out and began driving very slow down Elm Street.”
Schlosser registered a .21% BAC [blood alcohol content] level on a breathalyzer test taken at the station. The legal limit is .08%. After failing the breathalyzer test, police seized Schlosser’s driver’s license.
Officer McKenna said he also filed a 51A form with the Department of Children and Families (DCF) on the child’s behalf. A 51A form is a mandatory report that professionals in Massachusetts, who work with children, must file with the DCF when they suspect that a child is being abused, neglected, or both.
Schlosser was charged with the following:
- Child endangerment while OUI
- Possess open container of alcohol in motor vehicle
- Unregistered motor vehicle
- OUI Liquor 1st Offense
Schlosser was arraigned in Leominster District Court on July 9, 2024.
He attended a pretrial hearing on Aug. 6, 2024.
Schlosser’s next court date is on Sept. 12, 2024.
Disclaimer: If you are wondering why the incident in this story was from July, 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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