MAYNARD — On Saturday, September 12, 2026, at approximately 9:46 p.m., Maynard Police Officer James Banatoski was dispatched to Maynard Pizza & Bar at 149 Main Street following a report of a two-vehicle crash.
(The account and quotations in this article were sourced from the printed Personnel Narratives of Officers James Banatoski and Matheus Alves and do not reflect any political perspective or personal opinion of News Link Live, which is strictly a business entity.)
“Upon arrival, I observed a black Dodge RAM 1500 parked on the side of the road, outside of a marked parking space,” Officer Banatoski said. “I saw two males and one female outside the establishment. One of the males, later identified as Gustavo DaSilva, was conversing with the female.”
According to police, Gustavo DaSilva, 27, is a resident of Somerville, MA.
DaSilva was confirmed as the driver of the black Dodge RAM, which had Florida plates, according to Officer Banatoski.
Officer Banatoski said the driver of the vehicle that had been struck, a Ford F-150, then approached him.
“I observed the truck to have been parked in a marked parking space directly in front of the Maynard Pizza & Bar,” Officer Banatoski said. Adding, “[The driver] stated that he was inside the Maynard Pizza & Bar when he saw his truck jolt forward from the window. He went outside and saw the black Dodge next to his truck before it pulled off to the right side of the road. I noted that there was moderate damage to the left rear of his vehicle.”
Officer Banatoski said he then spoke with DaSilva who mentioned that he had been coming from Arlington, Massachusetts.
“The female accompanying him…assisted with translation, as she spoke fluent Portuguese, since Gustavo struggled to communicate effectively as his primary language is Portuguese,” Officer Banatoski explained. “Gustavo was unable to provide a clear account of what happened leading up to the accident.”
Officer Banatoski said he also observed a light-colored scrape mark on the front passenger side of DaSilva’s vehicle.
“While Gustavo was speaking, I detected a strong odor of alcohol on his breath and person,” Officer Banatoski said. “Furthermore, he avoided making direct eye contact with me, using his baseball cap to shield his eyes from the overhead street lamp. Once I observed his eyes, I observed them to be glossy and bloodshot.”
At around this time, Officer Banatoski asked DaSilva to step into a nearby parking lot to conduct Standardized Field
Sobriety Tests (SFSTs).
Officer Leon Muraguri also arrived on scene to assist. Officer Banatoski said DaSilva’s female passenger continued to assist with translation as he conducted the SFSTs.
“I asked Gustavo if he wore glasses or contacts, to which he replied that he did not,” Officer Banatoski said. “I also inquired about any medical conditions that could affect his balance or ability to walk, and he stated he had none. I also asked if he had any alcoholic beverages tonight, and he stated that he had three beers about an hour ago.”
Officer Banatoski said that, in the parking lot, he used the lights of his cruiser to illuminate the ground, noting that the emergency blue lights were not activated.
The first test Officer Banatoski asked DaSilva to perform was the Horizontal Gaze Nystagmus.
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 advised Gustavo of the directions, and that was to look at the tip of the pen, and stated that I would be moving it from side to side and to only follow it with your eyes,” Officer Banatoski said. “Gustavo stated that he understood.”
Officer Banatoski said he then placed his pen approximately six inches away from DaSilva’s face and began the test.
“Gustavo immediately began to follow the pen with his head and not his eyes, and he was reminded of the instructions,” Officer Banatoski said. “I observed there to be a lack of smooth pursuit. I also observed there to be distinct and sustained nystagmus at maximum deviation. I also observed there to be nystagmus prior to 45 degrees.”
The second field sobriety test Officer Banatoski asked DaSilva 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 then explained to Gustavo the walk-and-turn test and demonstrated with three steps and reminded him that he would be taking nine steps,” Officer Banatoski said. “During the instruction phase, Gustavo was swaying from left to right, trying to correct his balance periodically by moving his feet, and he began the test before being instructed to do so.”
Officer Banatoski said that during the test, DaSilva walked heel-to-toe, but his feet were at a 45-degree angle while doing so.
“Gustavo also stopped after taking four steps and then reset himself before continuing,” Officer Banatoski said. “Gustavo also veered off to the left while walking heel-to-toe.”
The third field sobriety test Officer Banatoski asked DaSilva 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 explained the one leg stand to Gustavo and instructed him to remain in the starting position while I gave him the instructions,” Officer Banatoski said. “Gustavo then began the test with his right foot barely off the ground and his hands more than six inches from his sides. Gustavo then counted to 30 and finished the test in approximately 15 seconds. Gustavo swayed to the left and right while he counted to 30.”
After completing the third test, Officer Banatoski determined that DaSilva would be placed under arrest for operating a motor vehicle while under the influence of alcohol and negligent operation of a motor vehicle.
DaSilva was handcuffed and transported to the Maynard Police Department for booking.
“While Gustavo was in the booking cell, I observed a strong odor of an alcoholic beverage that was not there before my arrival,” Officer Banatoski said. “Once at the station, Officer Alves arrived for his 11:00 p.m. to 7:00 a.m. shift and assisted with translation during the booking process.”
CJ Auto & Tow was notified and responded to 149 Main Street to take possession of DaSilva’s vehicle.
Gustavo DaSilva, 27, of Somerville, was issued a Massachusetts Uniform Citation for the following charges:
- OUI-Liquor or .08%
- Negligent Operation of Motor Vehicle
Officer Banatoski said he handed DaSilva the citation for the charges while he was being booked.
Officer Matheus Alves said that DaSilva consented to a chemical breath test during booking.
“I administered the chemical breath test utilizing the Dräger Alcotest 9510. Gustavo’s initial breath sample (Test #1000) resulted in ‘mouth alcohol,'” Officer Alves said. “Subsequent test #1001 was administered, resulting in a BAC [blood alcohol content] of 0.14%. I informed Gustavo of the test result, he replied that he understood. I also explained to Gustavo the Notice of Suspension regarding his driving privileges being suspended in Massachusetts because his BAC was higher than 0.08, the legal limit in Massachusetts.”
DaSilva’s bail was set at personal recognizance. His arraignment was scheduled for Sept. 14, 2026, in Concord District Court.
Disclaimer: If you are wondering why the incident in this story took place earlier this month, that’s because I had to file FOIA request(s) to obtain the court documents. FOIAs are time-consuming.
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