NEW SALEM — On Sunday, Oct. 5, 2025, at approximately 2:35 p.m., Sergeant Charles Brooks of the New Salem police department was on patrol when he was informed by Shelburne Control Dispatch that a naked man had reportedly exposed himself at Lake Mattawa in the Town of Orange.
(The account and quotations in this article were sourced from the printed Personnel Narrative of Sergeant Charles Brooks and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
Sergeant Brooks said Shelburne Control requested that he issue a BOLO (be on the lookout) alert for a vehicle with Massachusetts plates, registered to 72-year-old Robert Clukay of West Main Street in the town of New Salem.
Sergeant Brooks said he headed to Clukay’s residential address to wait for his vehicle to arrive.
“At approximately 2:59 p.m., I observed the BOLO vehicle pull down West Main Street and into the driveway at [# redacted] West Main Street,” Sgt. Brooks said. “I informed Shelburme Control Dispatch that I would be out with the BOLO vehicle. I pulled into the driveway behind the vehicle and activated my emergency lights.”
Sergeant Brooks said the vehicle stopped at the end of the driveway and the driver opened the door.
“I ordered the driver back into the car and instructed he close the door,” Sgt. Brooks said. “I approached the vehicle and observed the operator to be Robert Clukay. I immediately observed that Clukay had no shirt, no shoes, no socks. Clukay was only wearing pants. I observed that the pants were unbuttoned and only secured by his belt.”
Sergeant Brooks said that when he began speaking with Clukay, he observed that his eyes were bloodshot and glassy and that his speech was slurred.
“I also observed there to be an open 12-pack of Miller Light beer on his front passenger seat,” Sgt. Brooks said.
Sergeant Brooks said he asked Clukay if he had been drinking and Clukay said he had been.
“I asked Clukay how many drinks he had drank and Clukay stated four or five,” Sgt. Brooks said. “I asked Clukay if he thought he should be driving a car in his current state and he said no.”
Sergeant Brooks said he asked Clukay where he had been coming from and that Clukay stated he was coming from a package store.
“I pointed out to Clukay that if he was coming from the package store, and he had an open 12-pack next to him, that I suspected there was an open container somewhere in his vehicle,” Sgt. Brooks said. “Clukay responded by saying something to the effect of, ‘You got me!’ I observed Clukay’s shoes to be in front of his driver’s seat on the floor, under his legs. I asked Clukay why he had taken his shoes off and Clukay told me because he was hot.”
Sergeant Brooks said he then asked Clukay if he was willing to perform field sobriety tests, and Clukay stated that he would.
“I asked Clukay to step to the rear of his vehicle,” Sgt. Brooks said.
Sergeant Brooks said that as Clukay walked to the rear of the vehicle, he had difficulty walking and used the side of the vehicle to brace himself. Once he reached the rear of the SUV, Clukay leaned against it and appeared to be supporting most of his weight with the vehicle.
“I disabled the emergency lighting on my patrol car and began to perform the Horizontal Gaze Nystagmus Test,” Sgt. Brooks said.
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.
“Clukay informed me he had a broken back and a broken arm,” Sgt. Brooks said. “I asked Clukay if he had been to the doctor for his ailments and he said he had.”
Sergeant Brooks said he then asked Clukay to stand with his feet together and his hands at his side.
“Clukay was entirely unable to even come close to standing in the position I had instructed him to,” Sgt. Brooks said.
Sergeant Brooks said that, for the purpose of conducting the HGN test, he allowed Clukay to lean against his vehicle with a significant amount of his weight.
“I instructed Clukay to follow my finger and not move his head about a half dozen times and he was unable to do either, despite my repeated explanations of the instructions and Clukay telling me he understood the instructions,” Sgt. Brooks said. “I suggested to Clukay that even with a broken back and broken arm he should be able to follow my finger with his eyes, however he could not. It became apparent to me that for his own safety, Clukay would not be able to perform any field sobriety tests.”
At around this time, Officer Christopher Bisceglia from the Orange Police Department arrived on scene.
“While I retrieved the Portable Breath Test from the rear of my patrol car, Officer Bisceglia read Clukay his Miranda warnings and then asked Clukay about the exposure incident that had happened in Orange,” Sgt. Brooks said. “After Officer Bisceglia was finished, I asked Clukay to blow into the certified and calibrated Portable Breath Test I carry in my patrol car, which Clukay did. Returned was a BAC [Blood Alcohol Content] of 0.192% for Clukay.”
Clukay was then placed under arrest for operating under the influence (OUI).
“Clukay was handcuffed in front due to his claimed broken arm, as well as his age,” Sgt. Brooks explained. “The handcuffs were checked for tightness and double locked. Clukay was then secured in the rear of my patrol car. I then requested that Shelburne Control Dispatch send Dale’s Towing to impound the vehicle.”
Sergeant Brooks said that, as he waited for Dale’s Towing to arrive, he conducted an inventory of Clukay’s vehicle.
“During the inventory I observed the 12-pack of miller light that Clukay had suggested he had just bought, to be missing two cans. I found an open, mostly full, can of Miller Light tucked between the center console and the passenger seat, on the floor,” Sgt. Brooks said. “In the center console, I found one empty Miller Light can as well as four empty Smirnoff Raspberry Vodka nip-sized plastic bottles. At approximately 3:39 p.m., Dale’s Towing arrived on scene to take the vehicle, and I transported Clukay to the Orange Police Department for booking.”
Sergeant Brooks said he arrived at the Orange Police Department at around 3:50 p.m.
“Clukay was helped inside and instructed to sit on the booking bench,” Sgt. Brooks said. “Clukay had significant trouble walking and I had to help Clukay walk by supporting a significant amount of his weight by holding his arm.”
Sergeant Brooks said he then began the 15-minute observation period when the breath test machine displayed a time of 4 p.m.
“I instructed Clukay not to burp or put anything in his mouth,” Sgt. Brooks said. “I further requested that Clukay not put his hands around his face. Two minutes later, Clukay put his hands to his face to adjust his glasses. It did not appear that Clukay touched his mouth, and Clukay assured me he did not touch his mouth, however at 4:02 p.m., I restarted the observation period per an abundance of caution and diligence.”
Sergeant Brooks said he then read Clukay the statutory rights and consent form, while Clukay followed along with his own copy.
“After reading Clukay the form, Clukay told me he consented to the breath test I had requested and then memorialized his consent by checking the “Yes” box, and signing the form with the date,” Sgt. Brooks said.
After a successful 15-minute observation period, at 4:18 p.m., Sergeant Brooks said he conducted a breath test on Clukay.
“It should be noted that between the first and second breath sample that Clukay provided, Clukay yawned multiple times,” Sgt. Brooks said.
Sergeant Brooks said that while he did ask Clukay to try to stop yawning, he also knew, based on his training and experience as a breath test operator, that a yawn does not affect a breath sample because it does not contain liquid or gases from the stomach.
“Furthermore, I asked Clukay to confirm he was yawning and not burping and Clukay assured me he did not burp,” Sgt. Brooks said. “The second breath sample subsequently matched the first, which is consistent with no stomach gasses or liquids tainting the second breath sample.”
Sergeant Brooks said that Clukay registered a 0.18% blood alcohol concentration on the second breath test.
Robert Clukay was arrested and charged with the following:
- OUI – Liquor or .08%
- Operating a motor vehicle with open container of alcohol
Clukay’s bail was set at $100.
“At approximately 5:20 p.m. Clukay posted bail to the bail clerk. I then assisted Clukay to the vehicle with a responsible adult to take custody of Clukay,” Sgt. Brooks said. Adding, “Again, I had to support a significant amount of Clukay’s weight while holding his arm, and it felt like if I wasn’t holding him up, Clukay would fall over.”
Clukay’s arraignment was scheduled for Oct. 5, 2025, in Orange District Court.
Disclaimer: If you are wondering why the incident in this story took place in October, that’s because I had to file FOIA request(s) to obtain the court documents. FOIAs are time-consuming.
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