On March 6th, 2017, I, Officer Sousa, was on duty and assigned to uniform patrol in East-3. At approximately 1:45pm, I responded along with S408 Sgt. Tam to the Mobil gas station located at 360 Medford Street for a check condition. I would like to note that the Mobil gas station is used by the public which has a right of access. Dispatch notified us that a man was slumped behind the wheel of a motor vehicle in the gas station.
Upon arrival, I saw Sgt. Tam speaking with the driver of Pennsylvania Registration XXXXXXX at the pump on the right hand side of the gas station. I immediately noticed that the whole front of the motor vehicle he was in was damaged extensively. I approached the driver’s side of the vehicle and asked the driver to step out.
The driver was identified as Mr. Fawzi Alfrihat of Medford. I asked Mr. Alfrihat if he was under the influence of any alcohol or drug. He denied that he was under the influence of either. I asked him why his pupils were dilated and he said he didn’t know. I would like to note that we were in the shade under the roof of the Mobil Gas Station. While I was talking to Mr. Alfrihat he continued to not look at me while answering my questions and I had to keep asking him to look at me while we were talking. At one point he said he was looking at me when he wasn’t. I asked him if he had been in an accident. He stated that he was in an accident earlier in Boston on Berkley Street but exchanged paperwork without police assistance. I asked if he needed medical attention which he denied.
I advised Mr. Alfrihat that I would be conducting a Field Sobriety Test to determine his sobriety which he agreed to. I read the instructions for all three tests he performed off of a card that will be attached to this report.
The first test was the Horizontal Gaze Nystagmus Test which I administered. Mr. Alfrihat displayed smooth pursuit.
The next test was the Walk and Turn which I read from a card and Sgt. Tam demonstrated. During this test, the person is told to put their left foot on the line and put their right foot in front of it with your right heel touching your left toe. They are supposed to keep their hands by their side before taking nine heel to toe steps down the line. They then turn around while keeping the front foot on the line by taking several small steps to turn back around. The person then does another nine heel to toe steps the same way back to where they started. Sgt. Tam was able to use the shadow from the roof of the gas station that was on the ground in a straight line as a reference point. Mr. Alfrihat stated that he understood what he needed to do after I finished reading from the card and after Sgt. Tam demonstrated the test. Mr. Alfrihat then began the test on the line. On the way down he did not have his hands by his side and walked approximately fifteen steps and on the way back he took approximately nineteen steps with his hands out by his side and his feet not on the line. He did not put his feet heel to toe like was demonstrated or walk the proper amount of steps (nine) which was both demonstrated and read from the card to him.
The last test I read off a card to Mr. Alfrihat was the One-Leg Stand. Once again, I read the instructions off of a card as Sgt. Tam demonstrated. During this test, the person stands with their heels together and their arms at their side. When the person is told they raise whichever foot they want six inches off of the ground with their foot pointed out. They keep both legs straight while keeping their eyes on the elevated foot. While holding that position, they are to count starting at on thousand one and so on until the officer sees fit to stop it. He stated that he understood the instructions and he then began the test. Mr. Alfrihat was advised to keep his foot six inches off of the ground but for almost the entire time he kept his right heel on the ground. He was also told to count from one thousand and one and so on until I told him to stop. Mr. Alfrihat lost count at one thousand and twelve.
Sgt. Tam conducted one further test which can be found in his supplemental report. Mr. Alfrihat stated after all tests were done that he has a metal rod in his back.
I determined that based off of my training and experience that Mr. Alfrihat was under the influence of a narcotic and I will be charging him with MGL C.90/s.24 Operating under the influence of drugs. Mr. Alfrihat was transported by unit 200 Ofc. Carroll to the Somerville Police Department and booked in the usual manner by Lt. Mulcahy. He was issued criminal uniform citation R8322850. OUI documentation was put into evidence.