Baldwinville man resists arrest, threatens to kill cop after arrest at sobriety check point in Templeton

TEMPLETON — On Friday, August 23, 2024, Sergeant Derek Hall of the Templeton Police Department was monitoring traffic on Elm Street as part of a field sobriety checkpoint in collaboration with the Massachusetts State Police. At approximately 8:32 p.m., he observed a red Jeep exiting Village Liquors & Mini Mart without any rear lights on.

(The account and quotations in this article were sourced from the printed personnel narrative of Sergeant Hall and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)

“I then entered into traffic following behind this vehicle anticipating the rear lights would be turned on and they were never turned on,” Sergeant Hall said. “After a short distance my emergency blue lights were activated, signaling for the vehicle to pull over to the right and stop, which it did.”

Sgt. Hall exited his cruiser and approached the driver’s of the vehicle.

“The male operator immediately advised that he was not speeding and only doing 30 miles an hour in a 20,” Sgt. Hall recounted. “He also advised that his inspection sticker was good and he just got that and he got a new registration. He then wanted to know why he was being stopped.”

Sgt. Hall told the driver that he had no rear lights on his vehicle and that he was also being recorded with his department issued body camera. The driver then looked down at the headlight switch in his vehicle and said he must have hit the knob with his knee.

“I asked him if he wanted to get out and see that there were no lights and he just stayed inside the vehicle,” Sgt. Hall said. “I asked for his license and registration which he produced.”

The driver of the vehicle was identified as Kevin Spooner.

According to police, Kevin J. Spooner, 34, is a resident of 166 Elm Street, Baldwinville, MA.

“I asked Kevin how much he had to drink tonight and he said nothing,” Sgt. Hall said. “I also asked him if he had any warrants and he did not think so. I then asked if his license was valid and he said yes. I observed Kevin’s eyes to be bloodshot and glassy. Kevin’s speech was slow and slurred and his demeanor was different. I advised him to stay in the vehicle and I would be right back with him. I then returned to my cruiser.”

While he was back in his cruiser, Sgt. Hall called dispatch and gave them Spooner’s information. Dispatch ran his information through the Registry of Motor Vehicles’ database.

“My dispatcher later advised that Kevin had an active license and no warrants for his arrest,” Sgt. Hall said. “The vehicle was registered to his wife [name redacted] from 166 Elm Street in Baldwinville on a 2022 Jeep Compass color red and it was active and not stolen.”

Sgt. Hall added that Officer Caleb Matson of the Templeton Police Department heard his transmission and said he was heading to the location to assist.

“I exited from my cruiser and approached the operator again and had more conversation with him,” Sgt. Hall said. “Kevin then reached towards his center console under the radio and pulled out a vape pen and he said he has not smoked it. Kevin held it in his right hand. I asked him if he had any marijuana inside it and he said sometimes yes.”

Sgt. Hall told Spooner to exit the vehicle and move to the rear.

“Kevin walked to the rear of his vehicle and put his hands high up in the air,” Sgt. Hall said. “I asked him why was he doing this and told him he could put his hands down, which he did.”

Spooner was also holding a red debit/credit card in his hand, and when Sgt. Hall inquired about it, Spooner said he didn’t know why he was holding it and then put it in his pocket.

“I asked Kevin how much he has had to drink tonight and he advised me nothing,” Sgt. Hall said. “Kevin then advised he had a ‘dab’ before he left the house.”

A marijuana dab is a concentrated form of cannabis that contains high levels of THC, the psychoactive compound in marijuana. Dabs are typically created by extracting THC and other cannabinoids using a solvent like butane, resulting in a sticky, wax-like substance known as “shatter,” “wax,” or “budder.” This concentrate is then vaporized on a hot surface, usually with a dab rig or specialized vaporizer, and inhaled.

“Kevin admitted to having some anxiety and this was why he uses marijuana,” Sgt. Hall said. “I also asked him if he had a couple of hits off of the vape in the car and he said no.”

Sgt. Hall asked Spooner if he was using any other substances, whether legal or illegal, including prescription or street drugs, to which Spooner responded no.

“I asked Kevin if he was a diabetic and he said no,” Sgt. Hall added. “I asked Kevin if he was injured at all and he said he had a bruise on his left leg but he was okay.”

Sgt. Hall told Spooner that he was going to have him perform some SFSTs (Standardized Field Sobriety Tests).

“I advised Kevin that I was going to complete a roadside assessment,” Sgt. Hall said. “I advised Kevin I would explain everything to him first and then demonstrate them to him and he could complete them after I was done explaining and demonstrating. I asked Kevin if he understood and he said yes.”

At this time, Officer Matson arrived on scene to assist.

The first field sobriety test Sgt. Hall asked Spooner to perform was the “one leg stand.” This test involves lifting one leg about four to six inches from the ground, while holding the foot in a position parallel to the ground, with arms kept at the sides.

Sgt. Hall demonstrated the test for Spooner and told him to count out loud to 30 adding “one thousand” after the number, i.e. “one one thousand, two one thousand” up to 30.

“I asked Kevin if he had any questions after I demonstrated the test and he said no,” Sgt. Hall said. “Kevin then lifted his left foot off the ground approximately 4″ and counted to the number two and was so unsteady, he had to put his foot on the ground to regain his balance.”

Sgt. Hall said Spooner tried the test two more times and only made it to the number two on both tries because he kept getting so unsteady on his feet, he had to put both feet on the ground to regain his balance.

The next field sobriety test Sgt. Hall asked Spooner to perform was the “nine-step walk and turn.” 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 pivot on one foot and return with nine steps in the opposite direction.

“I pointed out the white fog line on the side of the road where we were located and advised Kevin that he could use this straight line if he wanted to,” Sgt. Hall said. “After I finished explaining and demonstrating the test to him, I asked him if he had any questions and he said no. Kevin’s first attempt was five steps not touching heel to toe or in a straight line. Kevin then blamed it on his shoes. I looked down at Kevin’s shoes and recognized them as Crocs which are a rubber type material.”

Sgt. Hall stated that Spooner then returned to the back of his vehicle, where he adjusted the rubber straps on the back of his Crocs by pulling them down behind his heels.

“Kevin was advised that he could take his shoes off if he wanted and he said no,” Sgt. Hall said.

Sgt. Hall said that on his second attempt at the nine step walk and turn test, Spooner then took 13 steps in one direction without touching heel to his toe on any of the steps while also moving in a zigzag pattern.

“Kevin then did the same thing for 11 steps back to where he had started from and he missed touching heel to toe in every step again in a zigzag line,” Sgt. Hall said. “Kevin had to step off the line a couple of times to regain his balance and then attempted to continue the test again.”

The next roadside assessment Spooner was asked to perform was the “finger-to-nose test.”

The finger-to-nose test is a field sobriety test commonly used by law enforcement to assess a person’s coordination and ability to follow instructions, which can be impaired by alcohol or drug use. In this test, the individual is asked to stand with their feet together, arms at their sides, and eyes closed. They are then instructed to extend one arm forward, point their index finger, and touch the tip of their nose with the finger. This must be done with both arms, usually alternating left and right, upon command.

“After I finished explaining and demonstrating the test to him, I asked him if he had any questions and he said no,” Sgt. Hall said. “I asked Kevin to put his feet together and tilt his head back and close his eyes. When Kevin did this, he began to sway back and forth. I then asked him to put the tip of his right index finger to the tip of his nose and he did this pretty good and touched tip to tip. Kevin was then asked to touch the tip of his left finger to the tip of his nose and I observed him to touch the pad of his finger to the side of his nose. I then asked him to touch the tip of his right index finger to the tip of his nose again and observed the same results where he did this pretty good and touched tip to tip. I asked him to touch the tip of his left index finger to the tip of his nose again and observed the same results where he touched the pad of his finger to the side of his nose.”

Sgt. Hall then contacted a female trooper a Drug Recognition Expert (DRE), who was assisting the Templeton Police at the field sobriety checkpoint that night.

After Sgt. Hall spoke with the trooper, they agreed that she would conduct an evaluation – which Sgt. Hall said normally takes an hour to complete – after Spooner was arrested and brought to the police station for booking.

“We also agreed that we could offer Kevin a portable breath test (PBT) and see if he had any alcohol in his system,” Sgt. Hall said.

Sgt. Hall retrieved the portable breath test machine from his cruiser and asked Spooner to take the test while they were still at the scene.

“Kevin was given instructions as to how and what to do, by blowing into the PBT like blowing up a balloon,” Sgt. Hall said. “Kevin advised that he knew the legal limit in Massachusetts was .08%. Kevin agreed to this and the results were .114%. Kevin read the reading of the PBT out loud and knew he was a .114%. I returned to my cruiser and put the PBT away.”

Sgt. Hall then returned to where Spooner and Officer Matson were standing at the rear of Spooner’s vehicle. Sgt. Hall told Spooner to turn around, place his hands behind his back, and informed him that he was under arrest.

“Kevin then started raising his voice and when myself and Officer Matson tried to handcuff Kevin he resisted,” Sgt. Hall said. “I grabbed Kevin’s left arm and hand while Officer Matson grabbed Kevin’s right arm and hand. Kevin was advised to turn around and place his hands behind his back and stop resisting.”

Sgt. Hall said that instead of complying, Spooner held his arms forward with force, refusing to place them behind his back.

“Kevin was then taken to the ground on the lawn of a residence where the vehicle had been stopped,” Sgt. Hall said. “We continued to struggle with Kevin and tell him to put his hands behind his back. Kevin was trying to roll in an opposite direction other than his stomach and continued to keep his hands in front of him and out to the side. Officer Matson was then able to get a handcuff on Kevin’s right arm and place it behind his back. I was trying to control Kevin’s left hand and we eventually got his left hand behind his back and he was then handcuffed behind his back. Kevin was not listening to our commands and was not going to put his hand behind his back voluntarily. We got Kevin up and walked him to the rear of my cruiser. Kevin was then searched and no illegal items or weapons were found on his person. The handcuffs were then rechecked for tightness and Officer Matson adjusted them properly and made sure they were double locked. Kevin was then placed into the rear seat of my cruiser while he was telling us that he was going to sue us.

Sgt. Hall said that Officer Nicholas Malnati heard the portable radios clicking several times without any voice response while Spooner was allegedly resisting arrest, so “he headed to our location thinking there was a problem, which there was.”

When Officer Malnati arrived on scene, he asked dispatch to contact Co & S Garage, Inc. to tow Spooner’s vehicle and they later arrived on scene and towed the vehicle back to their facility. Officer Malnati stayed on scene until the tow truck arrived.

Sgt. Hall then returned to his cruiser to transport Spooner to the Massachusetts State Police “BAT BUS” at the sobriety checkpoint located at Narragansett Regional High School on Baldwinville Road. The State Police “BAT BUS” is a mobile Breath Alcohol Testing (BAT) unit used at sobriety checkpoints to assess drivers for alcohol impairment and handle the booking process on-site without needing to transport suspects to a police station.

“When I returned to my cruiser to transport Kevin, I could smell an odor of intoxicating liquor inside my cruiser,” Sgt. Hall said. “Kevin advised that he was going to kill me on the way to Baldwinville Road. Kevin also called me a [N-word]. I advised Kevin to stop what he was saying or he could face additional charges. Kevin also repeated himself several times saying that he worked until 8 p.m. and there was no way he was intoxicated.”

When they arrived at the sobriety checkpoint, Spooner was searched and informed of his rights by the troopers on the State Police BAT BUS as well as Templeton Police Officer Caleb Matson, who was also on the BAT BUS.

While he was on the BAT BUS, Officer Matson asked Spooner if he would submit to a breath test and he agreed, Sgt. Hall said. The results of the breath tests were .093%, .078%, .092%.

After taking the breath test, Spooner was issued in hand his notice of suspension for operating over the .08% legal limit.

Spooner was also issued an arrest citation for a lights violation and Operating Under the Influence Liquor (OUIL).

“It was agreed upon that Kevin would be directly transported to the Athol State Police Barracks for booking and bail. Officer Matson transported Kevin to the Athol Barracks,” Sgt. Hall said. “Kevin was later released on his own personal recognizance by the bail commissioner and advised that he had to appear in the Winchendon District Court for these charges. Kevin was also charged with resisting arrest. The entire incident was also captured on my department issued body camera.”

Spooner’s arraignment was scheduled for August 26, 2024, in Winchendon District Court.

Disclaimer: If you are wondering why the incident in this story was from August, 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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