Leominster man charged with 3rd-offense OUI for driving erratically in Ayer while using nitrous oxide & kratom

AYER — On Sunday, February 1, 2026, at approximately 11:34 a.m., Officer Jared Splaine of the Ayer Police Department was advised by dispatch that a caller on the non-emergency line was reporting an erratic driver traveling outbound on Main Street in a gray SUV with New Jersey plates.

(The account and quotations in this article were sourced from the printed Personnel Narrative of Officer Jared Splaine and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)

Officer Splaine said the caller reported that the vehicle was failing to maintain a proper lane and braking randomly.

“I traveled to the location and dispatch advised that the vehicle was now over the bridge and traveling on East Main Street,” Officer Splaine said. “I proceeded with traffic but did not see the vehicle. Dispatch advised that the vehicle activated its right turn signal to turn onto Oak Street and began to turn. According to the caller, the vehicle then turned back towards East Main Street and proceeded straight.”

Officer Splaine said that dispatch then advised that the vehicle turned left onto Groton Harvard Road and nearly struck a snowbank.

“The caller stated that the vehicle came to nearly a complete stop before slowly turning onto Groton Harvard Road,” Officer Splaine said. “I spotted the vehicle as it turned to Groton Harvard Road. I then followed the vehicle with traffic and observed as it came to a complete stop at the intersection of Groton Harvard Road and Central Avenue.”

Officer Splaine said the vehicle remained stopped at the intersection for about 15 seconds even though there was no cross traffic preventing it from proceeding.

“The vehicle then finally turned left onto Central Avenue,” Officer Splaine said. “I followed behind the vehicle for about 10 more seconds, during which time I observed the vehicle drift to the left crossing the center line with both driver’s side tires.”

At this point, Officer Splaine said he activated the blue emergency lights atop his cruiser and initiated a motor vehicle stop.

“The vehicle pulled to the right and continued rolling for a few seconds before coming to a stop,” Officer Splaine said. “As I began to exit my cruiser, the vehicle began rolling forward again for a few seconds, then came to a complete stop.”

Officer Splaine said he approached the vehicle from the passenger side and identified the driver as Colton McCarthy.

According to police, Colton H. McCarthy, 34, is a resident of Leominster, MA.

“Sergeant [Brent] Davis arrived on scene,” Officer Splaine said. “I explained my observations and the caller’s observations to Colton and asked him what was going on.”

According to Officer Splaine, McCarthy replied, “Oh, nothing. I didn’t even know that that was a part of what was going on.”

Officer Splaine said he noticed that McCarthy’s eyes were glassy and bloodshot.

“I asked Colton if he had anything to drink today and he replied no,” Officer Splaine added. “I asked Colton if he had any drugs today and he replied no. In plain view, I observed a package of what I recognized to be Kratom tablets in the center cup holder.”

Officer Splaine said he asked McCarthy what the tablets were and he told him they were Kratom.

“I know based on prior experience that Kratom contains Hydroxy 7, a chemical that has similar effects to opioids,” Officer Splaine said. “Kratom is currently unregulated and available for purchase at locations like smoke shops and gas stations. Based on my prior experience, I am aware that Kratom can produce euphoric effects and sedation in certain doses. The packaging contained spaces for six tablets, and one tablet was missing. I asked Colton to hand me the packaging and he did so. I asked Colton how many tablets he ingested today, and he answered that he only had one. The packaging stated that six tablets was 24 total servings, meaning that Colton had taken four servings of the drug. Colton told me that he took one tablet about an hour ago. I asked Colton why he takes it and he told me that it keeps him off of heroin.”

Officer Splaine asked McCarthy for his license, which he provided.

“I asked Colton if this was his car and he said ‘No, it’s a, uh…’ and paused for about 15 seconds,” Officer Splaine said. “I asked Colton, ‘What is it?’ and he said, ‘I can’t even…I’m just nervous.’ I asked him if it was a rental car and he said yes. I asked Colton if he could provide a copy of the rental agreement and he said yes. Colton pressed his backpack down towards the front passenger floorboard and opened the glove box. I asked Colton where he was coming from and he said his hotel room in Shirley. I asked what hotel in Shirley and he said the Hilton. The Hilton Inn is located in Devens, not Shirley.”

Officer Splaine asked McCarthy how long he had been staying there, and he said, “a few weeks.”

“I asked Colton if he had any other drugs today and he said no,” Officer Splaine said. “I then looked down at Colton’s front passenger floorboard and observed what I immediately recognized to be a large canister of nitrous oxide, branded as ‘Miami Magic.’ These canisters are commonly referred to as ‘Galaxy Gas,’ and are frequently misused as an inhalant for the nitrous oxides hallucinogenic and euphoric effects.”

The canister had its nozzle attached and was not in its factory packaging, leading the officer to conclude that it had recently been used or deliberately kept in a ready-to-use state.

“I asked Colton if it was Galaxy Gas and he said yes,” Officer Splaine said. “I asked him how much he had consumed today and he said, ‘not much today.’”

Officer Splaine asked McCarthy when the last time he used the gas was and he said “yesterday.”

“I pointed out that Colton could not have had ‘not much today’ if his most recent usage was yesterday,” Officer Splaine said. “Colton replied, ’I don’t know.’ Given Colton’s glassy, slightly bloodshot eyes, his difficulty in answering basic questions, his improbable answers to questions and his admitted nervousness, I developed reasonable suspicion that Colton was operating a motor vehicle under the influence of drugs. I reached into the vehicle and seized the canister.”

Officer Splaine said that, at this time, he noticed another smaller canister and two more boxes for Miami Magic canisters.

“I asked Colton if the canister was all for him and he said no,” Officer Splaine said. “I asked Colton who else it was for and he replied ‘Yeah, it’s all for me then.’ I asked Colton again when he last used the nitrous. Colton said yesterday. I again pointed out his inconsistent answers, and Colton admitted he had used ‘a little today.’ I asked Colton how long ago he used the nitrous and he replied, ‘like an hour ago.’”

Officer Splaine asked McCarthy how long he had been on the road and he said about an hour.

“I asked Colton what his destination was,” Officer Splaine said. “Colton said that he was headed back to his hotel. I reminded Colton that he initially told me that his origin was the hotel. I asked Colton where he had traveled between departing the hotel and driving back to the hotel. Colton said he was just getting Kratom. I asked Colton if he understood that his story wasn’t adding up and he said yes.”

When Officer Splaine asked McCarthy if he wished to revise his story and be more truthful, McCarthy allegedly admitted that he had driven to City Line Smoke Shop in Lunenburg to purchase the nitrous oxide and Kratom.

“City Line Smoke Shop is roughly twenty minutes from the Hilton Inn. Colton was traveling in the opposite direction of the Hilton Inn when the calling party first reported his driving behavior and while I was observing him,” Officer Splaine explained. “I told Colton that I suspected he took the Kratom and nitrous on his return drive from City Line Smoke Shop and he responded ‘yep.’ I told Colton that I suspected that he had done so approximately 20 minutes ago, and he responded ‘yep.’”

Officer Splaine then met Sergeant Davis at his cruiser to discuss his findings.

“I contacted dispatch and requested Boxboro Sergeant [Nathan] Bowolick to the scene as a drug recognition expert,” Officer Splaine said. “I ran Colton’s information and learned that he had an ignition interlock restriction and a hardship license, which only allows him to operate a motor vehicle between the hours of 12:00 p.m. to 12:00 a.m.”

Officer Splaine said McCarthy was first observed operating a motor vehicle at 11:30 a.m., adding that he didn’t see an ignition interlock device in the vehicle. An ignition interlock device, also known as a car breathalyzer, is a device installed in a vehicle that requires a driver to provide a breath sample within the legal breath alcohol concentration limits before the engine will start.

“I returned to Colton’s vehicle and asked him how many canisters he bought,” Officer Splaine said. “Colton looked down at the boxes on his passenger floorboards and said, ‘It’s just the boxes.’ I asked Colton how many canisters he uses per day and he said, ‘two or three.’ Each Miami Magic canister contains 2,050 g or 3.3 liters of compressed nitrous oxide. For comparison, a common metal nitrous cartridge, known colloquially as a ‘whippet’ contains eight grams of nitrous oxide.”

According to Officer Splaine, Colton maintained that he did not use the nitrous while driving.

Officer Splaine asked Colton when he had last used the nitrous oxide.

“Colton replied, ‘What do you mean? Because it was before I was driving,’” Officer Splaine said. “I again asked Colton when he last had used the nitrous. Colton stared at me blankly, then said, ‘I wasn’t using it while driving.’ I asked Colton a third time to tell me when he had used the nitrous. Colton answered, ‘I’m still not sure.’ I reiterated to Colton that his current claim is that he does not know when he used the nitrous, but he is certain that he did not use it while driving. Colton replied yes.”

At around this time, Sergeant Davis returned to his cruiser and spoke with Sergeant Bowolick. While this was taking place, Officer Splaine asked McCarthy “if he took anything else or uses anything else.”

“Colton said that he uses marijuana, but has not used it today,” Officer Splaine said. “I asked Colton, ‘Are you still feeling it?’ and he replied, ‘a little.’ I asked Colton how long the effects of Kratom last and he said, ‘a couple minutes.’ I repeated Colton’s answer and he clarified, ‘Well, a couple hours.’”

Officer Splaine said that, at this time, Sergeant Davis returned and informed him that Sergeant Bowolick’s drug recognition expert certifications had lapsed.

“I then ordered Colton out of the vehicle and instructed him to cross the street,” Officer Splaine said. “Once across the street, I chose an area of open level pavement free of ice or debris with a clearly marked line for use during the administration of several roadside assessments.”

Officer Splaine asked McCarthy if he had any injuries and he said no.

“Colton stated that he was comfortable in the shoes he was wearing, which I noted to be brown leather work boots,” Officer Splaine said. “I asked Colton if he had ever been diagnosed with nystagmus and he said no. I asked Colton if he wore glasses or contacts and he said no. Colton stated that he was on no medication nor was he prescribed any. I then began administering a series of roadside assessments to determine Colton’s capacity to safely operate a motor vehicle.”

The first standardized field sobriety test Officer Splaine asked McCarthy to 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.

“I placed Colton in the instructional position, telling him to stand with his feet together and his hands by his sides. I then retrieved a pen from my pocket and held it approximately 12 inches from Colton’s nose, with the toр of the pen slightly above his eye level,” Officer Splaine said. “I asked Colton if he could see the pen and he stated yes. I then asked him to follow the top of the pen with his eyes and his eyes only. I observed Colton’s pupils to be equal in size and observed resting nystagmus. I then verified equal tracking to the left and right. I observed a 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 observed the presence of vertical gaze nystagmus.”

The second field sobriety test Officer Splaine asked McCarthy to perform was the walk-and-turn test.

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 instructed Colton to stand on a defined line in the pavement in the instructional position for this assessment,” Officer Splaine said. “I told Colton to place his right foot on the line, then place his left foot in line directly behind it so that the toes of his left foot were touching the heel of his right foot. Colton initially did so, then began walking before any additional instructions were given.”

Officer Splaine said he then directed Colton back to the instructional position as he had previously demonstrated.

“Colton was noticeably struggling to maintain his balance as he attempted to position his feet as instructed,” Officer Splaine said. “Colton’s feet were offset by about the width of one of his shoes despite my instructions. I then told Colton to keep his arms by his side. Colton did so, but swayed back and forth during the instructional phase. I then explained the assessment to Colton. I told him that, upon my instructions to begin, that he was to take nine heel-to-toe steps along the line in the pavement, counting the steps aloud, turn around, and take nine heel-to-toe steps back. After the ninth step, I explained that he was to keep his front foot on the line and use a series of small steps to turn around and continue walking in the opposite direction.”

Officer Splaine said that as he explained the assessment, McCarthy’s arms slowly lifted away from his body as he struggled to maintain his balance.

“I then demonstrated three heel-to-toe steps and the turn for Colton,” Officer Splaine said. “I asked Colton if he understood the assessment and he stated yes. I then instructed Colton to begin the assessment. Colton stepped off with his front foot instead of his rear foot as demonstrated. Colton counted some but not all steps aloud. Colton swayed slightly as he walked, using his arms to balance. Colton took eight steps before turning. Colton turned properly after his ninth step. Colton then took nine steps on his way back. Colton failed to touch his heel to his toe on nearly every step.”

The third test Officer Splaine asked McCarthy to perform was the one leg stand.  This test involves lifting one leg about six inches from the ground, while holding the foot in a position parallel to the ground, with arms kept at the sides.

“I instructed Colton to stand in the instructional position with his feet together and arms by his sides to begin the instructional phase of this assessment,” Officer Splaine said. “I then explained the assessment to Colton. I told him that, upon my instructions to begin, he would raise one leg of his choosing six inches off the ground in front of him while keeping his legs straight and toes pointed. I told Colton to then count aloud one thousand one, one thousand two, one thousand three, and so on until I told him to stop. I then demonstrated the one leg stand position for Colton. I asked Colton if he understood the assessment and he said yes. I used my body worn camera to time the assessment for thirty seconds.”

At this time, Officer Splaine instructed McCarthy to begin the assessment.

“Colton did not count out loud as instructed. Colton swayed heavily and was unable to maintain his balance for more than a few seconds without placing his foot down. Colton’s leg swayed around for the duration of the assessment. Colton began counting aloud midway through the assessment, but only got to three before placing his foot on the ground. Colton placed his foot down five times. I terminated the assessment once the timer reached thirty seconds”

The last test Officer Splaine asked McCarthy to perform was the alphabet test.

“I asked Colton what his highest level of education was. Colton told me that he held a bachelor’s degree in education,” Officer Splaine said. “I asked Colton if he knew the alphabet and he said yes. I asked Colton if he could recite the alphabet backwards from ‘S’ to ‘J’ and he said no. I asked Colton if he could tell me what letter came before S and he said he could not.”

After conferring with Sergeant Davis, Officer Splaine placed Colton under arrest.

“I placed Colton in handcuffs (double-locked), checked for proper fitment, and conducted a search of his person incident to arrest,” Officer Splaine said. “I located his cell phone, a lighter, his work badges, and another package of Kratom tablets.”

Officer Splaine then placed McCarthy into the prisoner compartment of a cruiser.

“Sergeant Davis and I then conducted a search incident to arrest of Colton’s vehicle,” Officer Splaine said.

Officer Splaine said that upon entering the vehicle, he confirmed that no interlock device was present. He located four additional nitrous tanks on the front passenger floorboard—three empty one-liter tanks of various brands and one unused 3.3-liter tank labeled “Miami Magic.” He also located what appeared to be a THC vape pen in a backpack on the front passenger seat. Officer Splaine said all of the items were seized as evidence of operating a motor vehicle under the influence of drugs.

Sergeant Davis then remained on scene to wait for the tow while Officer Splaine transported McCarthy to the station for booking.

“I was met at the station by Shirley Officer [Michael] Lupisella,” Officer Splaine said. “Once Mirandized, I asked Colton if he knew he had an ignition interlock restriction and he said yes. I asked Colton if he knew that his rental vehicle did not have an ignition interlock device and he said yes.”

Bail Commissioner Charlene McCormack set McCarthy’s bail at $2,500.

McCarthy was arraigned in Ayer District Court on Feb. 2, 2026. Following his arraignment, McCarthy was released on personal recognizance under the condition that he remain drug/alcohol free and obey all local, state, and federal laws.

On Feb. 10, 2026, the court issued a non-bailable warrant for McCarthy’s arrest after receiving notice that he had allegedly violated the conditions of his pretrial release.

McCarthy’s next court date is a pretrial hearing scheduled for March 20, 2026, in Ayer District Court.

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Disclaimer: If you are wondering why the incident in this story took place in February, that’s because I had to file FOIA request(s) to obtain the court documents. FOIAs are time-consuming.

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