TEMPLETON — On Friday, Oct. 18, 2024, at approximately 11:59 p.m., Corporal Daniel Donahue of the Templeton Police Department was dispatched to Main Street near where it intersects with Hamlet Mill Road following a report of a single vehicle accident. The caller said the car had struck a tree and its airbags were deployed.
(The account and quotations in this article were sourced from the printed Personnel Narrative of Corporal Donahue and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
“When I arrived on scene, the Templeton Fire Department’s Rescue was already on scene,” Corporal Donahue said. “I observed a white Hyundai SUV, bearing Massachusetts registration [number redacted], crashed into a tree on the wrong side of the road, blocking most of the lane, with heavy front-end damage. I then radioed the vehicle’s registration into dispatch, as well as performed a check of the vehicle’s registration on my cruiser’s Mobile Data Terminal, (MDT). The information then displayed on my MDT showed that the vehicle’s registration was REVOKED for insurance cancelation as of 06/24/24. It also displayed that the vehicle was registered to Brandon Davis – DOB: [redacted], of Fitchburg, and that Brandon’s Massachusetts license, OLN [redacted], was active. Officer William Chapman, also of the Templeton Police Department, arrived on scene at this time.”
According to police, Brandon M. Davis, 31, is a resident of 106 Newtonville Avenue, Fitchburg, MA.
“I then exited my cruiser and approached the vehicle, which was unoccupied,” Corporal Donahue said. “A female and a male party, who were standing in the grass near the vehicle, informed me that they live in the houses near where the crash occurred, and that the operator of the vehicle was taken into the back of the Rescue by members of the Templeton Fire Department.”
Corporal Donahue went into the back of the “Rescue” – an emergency response vehicle equipped for medical care – to speak with and identify the operator of the vehicle involved in the accident.
“I advised all parties in the back of the Rescue that my Body Worn Camera, (BWC), was on and that everything was being audio and video recorded,” Corporal Donahue said. “I then asked the male party, who was being tended to by the members of the fire department, what his name was. He stated Brandon Davis. I asked Brandon if it was his vehicle involved in the crash and what happened. Brandon told me that it was his vehicle and that he ‘sneezed and jerked it.’ I asked him if he was the only one in the car. He stated yes. While speaking with Brandon, I noticed him to be slurring his speech and I could smell an odor of intoxicating liquor in the contained environment of the back of the Rescue. I also observed him to have a fresh cut over his left eye and to be bleeding from his face and right leg. I then advised the members of the fire department that I would let them evaluate and treat Brandon, and I would speak to him when they were done. I then exited the Rescue.”
Corporal Donahue went back to his cruiser and confirmed that Davis was the registered owner of the vehicle by looking at his Massachusetts license photo on the Mobile Data Terminal in his cruiser.
“I radioed dispatch and advised that the registered owner was the operator and only occupant in the vehicle,” Corporal Donahue said. “I then took numerous photographs of the vehicle and accident scene, (photographs attached to this report).”
“After Brandon was evaluated by members of the Templeton Fire Department, I had him stand on the side of the road near his vehicle. I then asked the paramedic, Lorenzo Sordoni, if Brandon was going to be transported to the hospital for his injuries. Lorenzo told me no. I then asked him if he could also smell the odor of intoxicating liquor coming from Brandon, he stated yes,” Corporal Donahue said. “I then repositioned my cruiser to provide a safe space to have Brandon perform some Standardized Field Sobriety Tests and then shut off all of my cruiser’s forward facing blue lights and strobes. I then went over to where Brandon was standing with Officer Chapman and asked him again if he was okay. Brandon stated that he was okay. I asked him how he got the injury to his face. He told me that he got it while he was getting out of his car. I then asked him about the blood on his leg. He stated that he did not know what that was from and again told me that he was okay. I then asked Brandon if he wanted to go to the hospital. He stated, ‘no.’ I asked him if he was hurt at all. He stated, ‘no.’ I then asked him if he was wearing his seat belt. He stated that he was. I then asked Brandon how much alcohol he had to drink tonight. He stated that he had probably three 16-ounce beers, and told me that he had two at the Gardner Ten Pins bowling alley and one at The Onion, which is a bar located just down the road from where Brandon crashed his vehicle. I asked Brandon if that was where he was coming from now. He stated yes. I asked him where he was heading to. He stated that he was heading home to Fitchburg.”
Corporal Donahue asked Davis if he wore glasses or contacts. He said that he wears glasses, but one of the lenses popped out, most likely from the impact of the airbag striking his face at the time of the crash. Corporal Donahue then asked Davis if he had any problems with his eyes other than that and he said no.
At this time, Corporal Donahue informed Davis that since he was involved in an accident and he appeared to be slurring his speech and the smell of alcohol was on his breath, that he would like him to perform some field sobriety tests.
“Brandon stated that he would be willing to do so,” Corporal Donahue said. “The temperature at the time of the following tests was approximately 47 degrees. Brandon was wearing a black hooded sweatshirt, black gym shorts, and blue sneakers. The area where the tests were performed was flat asphalt, clear from any debris, and illuminated by my cruiser’s headlights as well as my flashlight.”
The first test Corporal Donahue had Davis 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.
Get a banner ad for just $20/month or a video ad for $25/month—both options are flexible and can be canceled anytime. Since our launch in 2022, News Link Live has reached over 1.1 million viewers throughout Massachusetts and beyond. Contact us at newslinklivealerts@gmail.com or click the button below to get started.
Corporal Donahue said he then asked Davis if he had any medical problems with his legs or back. He said that he did not.
“I held my right index finger out approximately 12 inches directly in front of Brandon’s face and asked him if he could clearly see my finger. He stated yes,” Corporal Donahue said. “I told Brandon that I was going to move my finger left and right and instructed him to follow my finger with his eyes, and eyes only, during the test and to keep his head still. He stated that he understood. I then performed the test as I was trained to do so. During the test, I observed equal tracking in both of Brandon’s eyes. I also observed lack of smooth pursuit in both eyes, distinct and sustained nystagmus at maximum deviation in both eyes, and onset of nystagmus prior to 45 degrees in both eyes. I also observed Brandon to have bloodshot and glassy eyes and his body to be swaying backwards and forwards while performing the test.”
“I asked him what he does for work,” Corporal Donahue said. “He stated that he works in landscaping supply, and that he sells grass seed and fertilizer. Brandon told me that he broke his back when he was twenty years old, but he no longer has problems with his back. I asked Brandon if he was comfortable doing the tests in the sneakers he was wearing. He stated yes.”
The next test Corporal Donahue asked Davis to perform was 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 had Brandon stand with his right foot directly in front of his left, touching heel-to-toe, with his arms down by his side while I explained and demonstrated the test,” Corporal Donahue said. “Brandon was unable to maintain the position I had him stand in, and stepped out, while I explained and demonstrated the test. After I explained and demonstrated that test, Brandon stated that he understood what I was asking him to do. Brandon then performed the test. During the test I observed Brandon step off the imaginary line numerous times, touching the sides of his feet together several times and not in a heel-to-toe-fashion as instructed.”
The third test Corporal Donahue asked Davis to perform was the “One-Leg Stand Test.” 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 their sides. The subject is then often asked to hold the position and count out loud in the following manner: “one thousand one, one thousand two, one thousand three” and so forth, until told to stop.
“I explained and demonstrated the test to Brandon, and he stated that he understood my instructions,” Corporal Donahue said. “Brandon then began the test by raising his right foot approximately two inches off the ground and then put it back down, after about two or three seconds, without counting out loud. He then apologized and stated that he had to figure out which foot he wanted to raise. I told him it was okay and to try again. Brandon then raised his left foot off the ground, approximately two inches, and began to count out loud. Brandon then put his foot back down on the ground at ‘seven-one thousand.’ He then picked his foot back up and continued counting. Brandon put his foot back down several times between ‘eight-one thousand’ and ‘nine-one thousand,’ and then lost his balance, almost falling over, at ‘eleven-one thousand.’ I then had Brandon stop the test for his safety and my concern of him falling over and getting injured.”
Corporal Donahue then retrieved his Portable Breath Test (PBT) machine from his cruiser and asked Davis if he would provide a breath sample.
“Brandon stated that he would,” Corporal Davis said. “Brandon then provided a breath sample into the PBT. The PBT then displayed a reading of 0.171%.”
After failing the breathalyzer, Corporal Donahue informed Davis that he was under arrest for operating a motor vehicle while being under the influence of intoxicating liquor.
“I told Brandon that he was under arrest on that charge and instructed him to place his hands behind his back, which he did. I then placed Brandon into handcuffs, behind his back, and double locked them for his safety,” Corporal Donahue said. “I advised Brandon of his Miranda rights. Brandon was then pat frisked for weapons and placed into the back seat of my marked cruiser.”
Corporal Donahue then transported Davis to the Templeton Police Department for booking.
“Once back at the police station, I advised Brandon again of his Miranda rights by reading them to him from a card, which he stated that he understood,” Corporal Donahue said. “I then advised Brandon of his statutory rights for being arrested and charged with operating a motor vehicle while under the influence of alcohol by reading the Statutory Rights and Consent Form to him in its entirety. Brandon stated that he understood everything that I read to him. I then requested Brandon provide an evidentiary breath sample into the breathalyzer to determine his blood alcohol concentration. Brandon then stated ‘no,’ at 12:58 a.m. and signed the Statutory Rights and Consent Form indicating his refusal.”
At approximately 1:05 a.m., dispatch informed Corporal Donahue that they had received several calls reporting another serious motor vehicle accident at the rotary of Patriots Road in East Templeton.
“Due to the seriousness of this call, I placed Brandon into Cell #2 and advised him that we would have to delay the booking process. Brandon stated that he understood,” Corporal Donahue said. “I then returned to the police station at approximately 1:55 a.m. and continued the booking process. I entered Brandon’s refusal into the breathalyzer machine and it printed out a Notice of Suspension for a Chemical Test Refusal Form. I then advised Brandon of the Notice of Suspension by reading the form to him in its entirety. I informed Brandon that as of this moment, his Massachusetts license was suspended and that I would be seizing his license and destroying it. Brandon stated that he understood. Brandon was then booked, photographed and fingerprinted. I then contacted that bail clerk, David Weiss, and cash bail was set at $150.00 at 2:39 a.m. Brandon was then allowed to make phone calls to arrange for bail. During the booking process, I again asked Brandon how much he had to drink this evening. He then told me that he arrived at Gardner Ten Pins around 6:00 p.m., where he drank two 16-ounce beers and had two shots. He stated that he then left Gardner Ten Pins around 9:00 – 9:30 p.m. and went to The Onion, where he drank another 16-ounce beer. I feel it is important to mention that Brandon was very polite and respectful during the entire arrest and booking process.”
Davis was charged with the following:
- OUI-Liquor or .08%, 2nd Offense
- Negligent Operation of Motor Vehicle
- Unregistered Motor Vehicle
- Uninsured Motor Vehicle
“Brandon was given his copy of the Statutory Rights and Consent Form, the Notice of Suspension for a Chemical Test Refusal Form, and his copies of both citations in hand before he was released on bail,” Corporal Donahue said. “Brandon was released on cash bail and personal recognizance at approximately 4:56 a.m. A request for a certified copy of the vehicle’s registration status was then sent to the registry and both license plates were seized off of Brandon’s vehicle.”
Corporal Donahue said that on Saturday, Oct. 19, 2024, at approximately 3:39 p.m., he received email containing video footage of the accident from a resident of 104 Main Street in Templeton.
“The video footage shows Brandon’s vehicle going off the roadway and striking [the resident’s] stone wall before crashing into the tree,” Corporal Donahue said. He later added, “Mr. Davis has a pending OUI charge out of Gardner from 2023. Mr. Davis also had an additional OUI charge resulting in a continued without a finding.”
Davis was arraigned in Winchendon District Court on Oct. 21, 2024. Davis’ attorney, Steven Vaillancourt, filed an appearance during the arraignment, indicating he would represent Davis in the case. As Davis remained hospitalized until Nov. 13, 2024, the arraignment was conducted with the consent of the assistant district attorney, accommodating Davis’ medical circumstances.
Disclaimer: If you are wondering why the incident in this story was from October, that’s because I had to file FOIA request(s) to get the court documents for the incident. FOIAs are time consuming.
To learn more about News Link Live’s unique business model, please read the following:
An online business model that could replace local newspapers
The Medium is the Message by Marshall McCLuhan
The Ego and the ID by Sigmund Freud
