,w•~, THE COMMONWEALTH OF MASSACHUSETTS ,.~ T ~c ~~ `~ `r ~ ~;~a ; `'~s~tiJ, ~,^ c ~'o OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT LAWRENCE NEWBURYPORT SALEM JONATHAN W. BLODGETT District Attorney Ten Federal Street Salem, Massachusetts 01970 TELEPHONE VOICE (978)745-6610 FAX (978)741-4971 TfY (978)741-3163 Investigation into November 28.2010 Motor Vehicle Crash Location: Intersection of Hamilton Street and Puritan Avenue Worcester Massachusetts Operators: Thomas B. Duffy and Kailee M. Higgins Public Documents Contents 1. Executive Summary,Assistant District Attorney William Melkonian, Supervisor Motor Vehicle Offense Prosecutions, Essex District Attorney's Office 2. Massachusetts State Police Collision Reconstruction Report, Lieutenant Andrew S. Klane 3. Worcester Police Department Investigation Report, Sergeant John Fallavollita 4. Worcester Police Department Reports a. b. c. d. e. f. g. h. 11/28/10 Incident Report 11/28/10 Dispatch Incident Detail 11/28/10 Daily Journal 11/28/10 Report, Officer Matthew Chase 11/28/10 Report, Officer Michael Foley 11/29/10 Report,Sergeant Daniel P. Dowd 11/29/10 Report, Lieutenant James Moore 12/7/10 Report, Officer David Rutherford 5. 11/28/10 Worcester Fire Department Report 6. 12/1/10 Motor Vehicle Crash Report of Thomas B. Duffy 7. Witness Statements a. b. c. d. e. f. g. h. i. 11/7/10 Robert McCabe 12/2/10 Debra Sequeira 12/2/10 Bryan Urato 12/2/10 Larry Murphy 12/3/10 Barbie Sheehan 12/3/10 Dwayne Prince 12/3/10 Robert McCabe 12/3/10 Robert E. Carroll, jr. 12/3/10 Chalito Youssef 8. Search Warrants, Search Warrant Applications, and Returns a. b. 11/30/10 Electronic Data Recorders("Black Boxes") 11/30/10 Medical Records -- Higgins s~'~'~s~ THE COMMONWEALTH OF MASSACHUSETTS w~ 2+~ '"~ ~~~ .W ~ ~' ~"~,~ ~ x~ £~.~~,~ ~"; OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT LAWRENCE NEWBURYPORT SALEM ~~ .~m~ bid, ~~ JONATHAN W. BLODGETT District Attorney c. d. 9. Ten Federal Street Salem, Massachusetts 01970 TELEPHONE (978)745-6610 VOICE (978)741-4971 FAX TfY (978)741-3163 12/2/10 Blood work -- Higgins 12/9/10 Cell Phone -- Higgins 12/30/10 Massachusetts State Police Digital Evidence and Multimedia Section Case Report and Cell phone text message summary -- Higgins 10. 2/3/11 Consent to release form for text message data, and 2/9/11 response of Sprint -- Duffy 11. Toxicology Reports -- Higgins a. b. 12/3/10 Prima Facie Certification, Kerrie T. Donovan, Chemist 12/17/10 Toxicology Report, Kerrie T. Donovan, Chemist 12. 1/25/11 Request to RMV for Immediate Threat License Suspension/Revocation -- Higgins 13. 7/26/11 Massachusetts RMV Notice of Indefinite Revocation as Immediate Threat -- Higgins 14. Attorney Correspondence a. b. c. d. e. f. g. 3/11/11 ADA Melkonian Re. Vehicle Preservation 7/22/11 ADA Melkonian Re: offer to inspect/interview request --Higgins 7/22/11 ADA Melkonian Re: offer to inspect/interview request -- Duffy 7/25/11 Response of Attorney Michael Monopoli --Duffy 9/21/11 ADA Melkonian Re: request for status and interview/offer to inspect -- Higgins 11/30/11 Further response of Attorney Michael Monopoli -- Duffy Certified mail forms and receipts SUMMARY REPORT INVESTIGATION INTO NOVEMBER 28.2010 MOTOR VEHICLE CRASH INTERSECTION OF HAMILTON STREET AND PURITAN AVENUE INTRODUCTION On or about December 8, 2010,the Worcester District Attorney's Office contacted the Essex District Attorney's Office to request that this Office review an accident that occui7ed on November 28,2010 involving a relative of one oftheir employees. We were asked to review the case to detet7nine whether criminal charges would be appropriate. This Office enlisted the assistance ofthe Massachusetts State Police Collision Analysis and Reconstruction Section("C.A.R.S."). THE ACCIDENT Based on the evidence gleaned from the investigation and reconstructions ofthis case, it is believed that on November 28,2010, at approximately 2:36 a.m., Kailee Higgins, of Shirley, then 20 years of age, was operating a 2005 Cadillac CTS sedan (the "Cadillac")north on Puritan Avenue in the city of Worcester. Investigators theorize that Higgins stopped the Cadillac at the intersection of Puritan Avenue and Hamilton Street (the "intersection"), then, entered the intersection, encroaching into the right of way of a 2007 Lincoln MkX CUV (the "Lincoln")coming from her left. This vehicle was operated by Thomas B. Duffy, of Worcester,then 36 years of age, a Worcester police officer and brother of a Worcester assistant district attorney. The front ofthe Lincoln impacted the driver's door area ofthe Cadillac in the left travel lane of Hamilton Street, heading east. Higgins sustained head and face trauma, as well as other injuries, and was unresponsive at the scene. She was transported to the University of Massachusetts Medical Center in Worcester where, according to police, she was listed in critical condition. Duffy remained on-scene for about an hour, during which time he was treated by paramedics for a laceration to his face and interviewed by Worcester police officers. He stated that he was traveling east on Hamilton Street and upon approaching the intersection, a second vehicle abruptly entered his lane oftravel resulting in an impact. The Worcester police officers, who responded to the crash scene and had interaction with Duffy, noted that he was not intoxicated and exhibited no signs of having consumed alcohol. Each ofthese officers observed that Duffy wallced normally, did not slur his speech and did not smell of alcohol or marijuana. The paramedic who treated Duffy's facial laceration wrote and signed a statement on December 2,2010 at the request of Worcester investigators, in which he stated that Duffy did not appear to be under the influence of drugs or alcohol. The only other witnesses were civilians who observed Duffy either just before or just after the accident. One witness saw Duffy approximately 15 minutes prior to the accident when Duffy stopped for pizza. The restaurant worker stated that he had a conversation with Duffy who appeared "very normal" and did not smell of alcohol. Two other civilian witnesses observed Duffy following the accident and neither indicated that he appeared intoxicated. THE INVESTIGATION On November 30 and December 2,2010, Worcester Sergeant John Fallavollita sought and obtained search warrants for the medical records, laboratory and toxicology reports, and blood samples of Higgins, while she was treated at the University of Massachusetts Medical Center. Her serum blood alcohol reading,from samples collected at 3:18 a.m. on November 2gtt', was .19(which converts to above .15).' For confirmation ofthe hospital result, Worcester Police also brought the blood samples obtained pursuant to the search warrant to the Massachusetts State Police Crime Laboratory. The state chemist determined that Higgins' blood alcohol level was .155. (This result would be truncated to two digits — or, .15)." In Massachusetts, individuals with blood alcohol levels of.08 or above are deemed to be per se under the influence of alcohol. Prior to the accident, Higgins was at her place of employment which is a nightclub. Witnesses at the club interviewed by the Worcester Police deny that they saw Higgins drinking alcohol at the club. Operator Interviews In addition to the statement he gave at the scene, Duffy filed a crash report with the Worcester Police Department on December 1, 2010. Tluough his attorney, he has declined to give any further statements to investigators. Higgins filed no crash report. This Office contacted two different attorneys who represented Higgins. She has declined to give a statement to investigators tluough her attorneys. "' Both operators also were invited to provide any additional infoi~rnation pertinent to the investigation but declined. ACCIDENT REVIEW AND RECONSTRUCTION Two accident reconstructions were performed. The first was done by the Worcester Police Department. It included the download and analysis of data from both vehicles' "black boxes" or electronic data recorders(EDRs). This data assisted in developing a theory as to how the crash occurred, as investigators located no independent witnesses to the actual crash. However, it should be noted that EDR data must be read within a factual context that was missing in this case due to the lack of eyewitnesses, detailed operator statements and physical evidence1°. Although their data help to develop theories about how particular accidents occurred, these theories are not necessarily admissible as evidence in court. Based on their analysis ofthe available evidence, they conclude that "..the proximate causes ofthis collision and ensuing injuries were Ms. Higgins' failure to perceive an oncoming vehicle while entering an intersection and her subsequent encroachment into the right or way ofthat oncoming vehicle while in a highly intoxicated state." The second reconstruction was perfoi~rned by Lt. Andrew S. Klane, Section Commander of C.A.R.S., who was contacted by this Office on January 24,2011 to conduct an independent analysis ofthe crash. Lt. Klane collected data and materials from the Worcester Police Depat-tment and this Office. Among the materials he reviewed were the EDR data from both vehicles, the "total station"(a computer and laser based scene mapping tool) data file, and photographs ofthe scene and vehicles. Lt. Klane personally inspected and photographed the vehicles and visited and photographed the collision scene. Using traditional reconstruction techniques, Lt. Klane concluded that the Lincoln was traveling at approximately 52 m.p.h. at impact. His examination ofthe Lincoln's EDR confirmed this speed and revealed that Duffy was coasting down the hill with his foot off the accelerator for approximately 7 seconds before the impact. (There is no posted speed limit on Hamilton Street but the presumptive speed limit is 30 m.p.h.) With the limited evidence available and the assumptions that had to be made, Lt. Klane performed a "perception-response" analysis which was consistent with Duffy applying his brakes 2.34 seconds after seeing the Cadillac, assuming he saw it the moment it started moving into the intersection. This perception-response time is within what the State Police deem as acceptable for a reasonable night-time driver. Higgins, on the other hand, did not have the right of way and had ample clear sight distance(400 feet) with which to see the approaching Lincoln. The EDR from her vehicle only recorded 8 seconds of pie-crash data and it indicates that pressure was applied to the brake pedal from Second 8 to Second 5 prior to the crash. At Second 4 before impact, pressure was off the brake pedal and the Cadillac's speed was sti110 m.p.h.. At Second 3 before impact, the Cadillac began accelerating. Based on the evidence available to him, Lt. Klane is ofthe opinion while Duffy's speed and Higgins' intoxication were contributing factors, the cause ofthe crash was Higgins' encroachment into Duffy's right of way. ANALYSIS Massachusetts case law makes clear that the mere fact that a crash occurs is insufficient to prove that either ofthe panties is at-fault. (Aucella v. Commonwealth,406 Mass 415 (1990)). In addition, the presence or extent ofinjuries does not, by itself, detei~rnine fault. A crash requires analysis ofthe actions of each panty to detei~rnine the legal cause ofthe crash. Further, excessive speed, by itself, does not mandate a finding of negligence. According to the reconstruction analyses of both the Worcester police and the State Police C.A.R.S., Higgins' decision to enter into the intersection set in motion the chain of events resulting in the ultimate crash. Duffy - coasting downhill in clear weather and light traffic conditions -had to react to an incursion into his right of way, an incursion triggered by Higgins' failure to perceive his oncoming Lincoln. CONCLUSION After an examination of all available evidence, we, along with C.A.R.S., concur with the Worcester Police Department's conclusion that Kailee Higgins was at fault for this crash. However,in light ofthe catastrophic and life-threatening injuries sustained by Ms. Higgins, she was not cited for operating under the influence of alcohol. Given that the evidence is largely circumstantial, the lack of eye witnesses, physical evidence and detailed operator statements no criminal charges can be brought against her for being the cause ofthe accident. On July 26, 2011 the Registry of Motor Vehicles suspended her license pursuant to an Immediate Tlueat Request filed by the Worcester Police Department on January 25, 2011. This Office has confirmed that her license remains suspended indefinitely. 'Massachusetts uses a whole blood method of analysis for making determinations as to whether individuals are under the influence of alcohol pursuant to the OUI statute. This whole blood reading is approximately twenty percent lower than a serum reading, because the amount of alcohol is compared to a larger volume of"fluid." "pursuant to the Massachusetts Office of Alcohol Testing regulations. "`Both operators' attorneys were sent letters via certified mail and facsimile on July 22, 2011. '" EDRs do not record the positioning of a vehicle in the roadway, GPS locations, the time ofthe crash or the route oftravel. Massachusetts State Police Collision Reconstruction Report CASE # 2011-CAR-000078 Related Case# . Essex DA Date Recd: 24 Jan 2011 Time Recd: 0900 Primary Investigating Officer: ADA William Melkonian Reconstructionist Assigned: Lieutenant Andrew S Klane, #1301 Collision Occurred: Class: Traffic, Crash MV PI - Requesting Agency: Agency Essex DA Team Central City/Town County Day Date Time WORCESTER WORCESTER Sunday 28 Nov 2010 02:36 This document may contain sensitive information regulated pursuant to G.L.c.4 7(26). Additionally, information contained in this document and any attachment may or may not be part of an ongoing Massachusetts State Police and/or local police investigation. Any disclosure, dissemination or copying of this report by persons not authorized by the Department of State Police or the District Attorney's Office of jurisdiction is strictly prohibited. Please forward any requests for this report to the following address: Massachusetts State Police Collision Analysis and Reconstruction Section 485 Maple Street Danvers, MA 01923 cars.reports@state.ma.us • •.- DUFFY ,THOMAS B r=DOB: Sex: Lic Num: Lic State: Restrictions: CDL END; MA 1 -Front seat -left seat (or Seat Position: Safety System: 99 - Unknown Airbag Status: 1 - Deployed -Front Airbag Switch: Eject Code: 0 -Not ejected 0 -Not trapped Trap Code: 4 - Possible (non-fatal) Injury Status: Transported: 1 -Not transported MedicalFac. ME Notified and Came To: Next of Kin Notified By: 01604 Male S81917937 MA Medical Examiner: Body Removed To: Citation/Charge(s) . -u e.,;~ ,., .......: .• ..:.,.x z . _..::. ~: ....^ ,.m~~.:.. - - ...:.. ., ehicle Photos: Vehicle:1 . ., ,... :;: ~. .., ~. .:.. .. ~r~"~:.......:.. ;. Officer Name Lieutenant Kiane, Andrew Signature ID# Station 1301 CAR Date 03/29/2011 _`~$~~ ~'` s + ~ ~' 'STATE Insurance Co: COMMERCE INSURANCE Veh Config: 1 - Passenger car No Hit/Run: No Moped: Travel Direction: N Respond Emerg: Driver Contributing: 4 - Failed to yield right of way Pays Tow Tow Company: Yes CDR Supported: • •.• Action Prior: Most Harmful: Event Seq. 1: Event Seq. 2: Event Seq. 3: Event Seq. 4: Under/Override: Tow Reason: CDR Download: 6 - Entering traffic lane Motor vehicle in traffic 1 -Motor vehicle in traffic 2 a ~~ s e ~ Damaged Areas) Damage > $1000 Crash Yes . HIGGINS , KAILEE M Seat Position: 1 -Front seat -left seat(or Safety System: 0 -,None used Airbag Status: 1 - Deployed -Front Airbag Switch: Eject Code: 0 -Not ejected 99 - Unknown Trap Code: 2 - Incapacitating (non-fatal) Injury Status: Transported: 2 -EMS MedicalFac. U-Mass Medical ME Notified and Came To: Next of Kin Notified By: ~. DOB; Sex: Lic Num: Lic State: Restrictions: CDL END: Female S31173548 MA Medical Examiner: Body Removed To: Citation/Charge(sj Officer Name Lieutenant Klane, Andrew Signature ID# Station 1301 CAR Date 03/29/2011 a s 6 7 Yes •STATE'° By Lieutenant Andrew S Klane 1301 It should be noted that the following synopsis i~ a brief outline or general view of the facts surroundin this incident. Vehicle #1 was traveling East on Hamilton Street in the left travel lane. Vehicle #2 was traveling north on Puritan Avenue. Vehicle#2 stopped at the intersection ofPuritan Avenue and Hamilton Street. Vehicle #2 proceeded to enter the intersection encroaching into the path of vehicle #1. Vehicle #1 struck vehicle #2 on the drivers side. The operator of Vehicle #1 received minor injuries and was treated by EMS at the scene. The operator of vehicle #2 received serious injuries and was transported to the University of Massachusetts Medical Center in Worcester. Lieutenant Andrew S Klane #1301 Officer Name Lieutenant Klane, Andrew Lieutenant Andrew S Klane #1301 Signature ID# Station Date 1301 CAR 03/29/2011 Collision Reconstruction Report Investigation 1. On Monday 1/24/2011 ThisOfficer wascontacted byADAWilliam Melkonian,9~pervisor, from the ~SSex Cbunty District Attorney's OFf cefo assisf in the F~canstruction of a two vehide collision that occurred on Hamilton greet at R.iritan Avenue in the Qty of Worcester on ~anday 11/28!2010 at approximately 0236 Hrs. Vehide #1 was operated by Thomas B. Duffy, DOB~. M r. Duffy is employed asa Worcester Iblice Officer: M r. Duffy was off duty at thetimeof thisoallision. Because of this, The Worcester County Districk Attorney's Office requested that the Essex Q~unty District Attorneys Office investigatethisoollision. the Worcester Fblioe Department had already initiated an investigation into thiscollision. 2. On or about February 14, 2011, this Officer was provided wit h a copy of the preliminary investigative report and supporting documents prepared bythe Worcester Fblice Department by ADA Melkonian. ThisOfficer also requested and wasprovided with the following by Sgt ,bhn Failavoilita of the Worcester Fblioe Department Traffic Division on 3/ 15/2011; CDRdownioadsfrom both vehides,scene photographs, vehide photographs and the total station data file that was treated when t he scene was mapped by t he Worcester Fblice Department. Sgt Fallavollita also provided video and still photographs taken on 12/5/2010 documenting the Worcester H~lioe Departments subjective visibility analysis. 3. On 3/ 15/20 1 this Officer met with 5~t ,bhn Fallavollita at Pat's Towing in Worcester. This Officer made observations and photographed the two vehicles involved in this collision. ~t Fallavollita and this Officer then proceeded to the scene of thisoollision. ThisOFficer made observations and took photographs of the collision locus. Fd~adway 4. Hamilton Street in the Qty of Worcester is a four lane roadway which travels generally east and west. There are two travel lanes eastbound and two travel lanes westbound. The east and westbound travel lanesare separated by a double solid yellow centerline. The left eastbound travel lane was measured to be approximately 11 feet in width. llie right eastbound travel lane was measured tote approximately25feet inwidth. The.right travel lane will accommodate parked motor vehicles on the scut h shoulder.P,ccording to Sgt Fallavollitatherewere no parked motor vehidesalongtheshoulder inthe general area of this colli~on. The left westbound travel lane was measured to be approximately 11 feet in width. l~he right westbound travel lane was measured to be approximately 25feet in width. The right travel lane will accommodate parked motor vehicles on the north shoulder. 5. R.iritan Avenue intersects Hamilton greet at approximately 90 degrees. Raritan Avenue is a one way street which travelsgerieralty north. Puritan Avenue was measured to be ~"`~ Collision Reconstruction Report apprawmately 23feet in width. lYrere are no posted stop signs ar signals located at the intersection. 6. At t he time of this Doll isian the road surface was dry and the weather was dear and cold, There are overhead street lights illuminating Hamilton greet. Hamilton street is thickly settled and has a statutory weed limit of 30 mph. 7. The coeffiaent of friction was determined to be approximately .70 bythe Worcester Fblioe Traffic Divi~on. 8. The area of impact and post impact fire marksfrom each vehicle was identified by the Worcester Wlice Department. Also identified were the final resting positions of each vehide. This evidence was collected and documented using a total station bythe Worcester Fblioe Traffic Division. Vehide Inspections 9. Vehide #1 was inspected by OFfioer Alan Gemme of the Worcester Fblice Department on 11/28/2010(see Worcester Fblice f~port by ~t ,bhn Fallavollita). ThisOFFicer also inspected vehide#1 on 3/15/2011 at Pat'sTowing in Worcester where it was being held by the Worcester Fblice Department. Vehide #1 sustained contact darpage to the front bumper, grill, hood, uni-body,.sub-bumper and left front fender from stri king vehicle #2at approximately 100 degrees. The left front wheel and suspension wasdamaged from impact. The left front wheel wasalso pinned from damage. Induced damage was present on the driver's door, right front fender, windshield and dashboard. The left front fire was deflated asa result of the impact with vehicle#2. Accordingto Officer Gemme(noted in the report by ~t Fallavollita),there was evidence of "Hot 9iocK' in the headlamps indicating that the headlampswere on at the time of impact. The driver's side airbag of vehicle #1 was observed to be deployed. 10. Vehicle #2 was inspected by Officer Alan Gemme of the Worcester R~lice Department on 11/28/2010(see Worcester Felice f~port by Sgt ,bhn Fallavollita). ThisOfficer also inspected vehicle#2 on 3/15/2011 at Pat'sTowing in Worcester where it was being held by the Worcester R~lioe Department. Vehicle #2 sustained contact damage to the lift front fender, left front door, left rear door, left rear quarter panel, uni-body left side and driver's seat consistent with being struck an the driver's side by vehicle#1 at approwmately 100 degrees. induced damage was present on the left front quarter panel, hood,front bumper cover, sub-bumper, roof, right front quarter panel, right front door, windshield and dashboard. The left front tire was deflated as a result of the impact with vehicle #2. According to OFfiaer Gemme(noted in the report by ~t Fallavollita), there was evidence of "Hot 9iocK' in the headlamps indicatingthat the headlampswere on at the time of impact. The driver'ssidefront airbag aswell asthe driver'sside, side curtain airbags, of vehide#2 ` . ~Y i .,~ -.. t~ Collision Reconstruction Report wasobserved to be deployed. ACM Dawr~lead indicatestha~ the driver was not restrained at the time of t his ooliision. Collision Analysis 11. Total station m~asurementsdocumentingphysical evidence, impact and final rest positions identified by the Worcester Fbiioe Traffic Division were downloaded into Vsta FX3software bythisOFficer and a momentum diagram was created. wee Figure 1. 4. r r~~ J-J I ~~- N311tDsm ~:ree f ~_` ~~ 1 ~ 1 ~ _ ,~` -- _— -__ _ -- — 1\ ~~ 1 —" 5 ~ ~~ I~ ~ fd~1~pvP -- ~ ~ ° G~, ~ _- _ -I ~l~~ "~I t~ _ -~ 1 ~ L l ~I // I ~ ~_J ~ H.v~ter;.~•~ Figure 1 12. Vehide#1 struckvehide#2 on thedcivec'ssideasdepictedabove.-After impactvehide#1 rotated approximately 125 degrees in a dockwise rotation before coming to rest faang generally southwest east of the area of impact partially in the left and right eastbound travel lanes. After impact vehide #~2 traveled in a northeasterly direction coming to rest faang generally Wort h on the north shoulder of Hamilton :greet. Calculations 13. Using Q~nservation of Momentum the impact speed of vehicle #1 and vehide #2 at impact can be calculated. Based on the momentum diagram the following necessary information wasobtained: Approach angle vehicle #1 0 degrees Approach angle vehide #2104 degrees Departure angle vehide#1 1.2 degrees Departure angle vehicle #246 degrees Fbst impact Center of Mass(CM)distance vehicle #1 78.56 feet ~Y,~ ,~ _ ~, Callisian Reconstruction Report F~$t impact Center of M~~s(CM)di~tano~ vehicie#2 54.02feet Fd~adway coeffident of friction (Worcester PD).70 Bfedivecoefficient offriction vehide#1 .56 ~fective coefficient of friction vehide#2 .35 Fbst impact speed vehide#~1 36.29 mph Rest impack speed vehide#2 23.79 mph 14. Using conservation of momentum with the above datathe speed of vehide #1 at impact wascalculated to be 52.75 mph.lt7e calculated change in velocity is 16.49 mph. 15. Using conservation of momentum with the above data the speed of vehide #2 at impact wascalculated to be 18.69 mph. The calculated change in velocity is21.14 mph. 16. See attached F~G3 Momentum f~port. f:. _..it;:~ a ... ~ 17. The Rawer Control Module(PCtV1)of vehide#1 was imaged bythe Worcester Police Department on 11/30/2010 using Bosch CYash Iota I~trievai Ver. 3.5 software. A copy of the imagewasprovided to thisoffioer. In summarythe CDRreport indicatesthat vehide#1 avast raveling at approximately 52:80 mph at impact. it also indicatesthat the brake switch wasdepressed approximately.80 seconds prior to impact with the ABSsystem activating at impact. me report also indicatesthat at approximately 7secondspriorto impact the accelerator pedal potion was at 0 %and the speed of the vehide was apprawmately48 mph and the brake svvitch statuswas off. This is consistent with vehide #1 "coasting" down the grade of Hamilton greet and gradually picking up speed until impact at 52.80 mph. 18. The Airbag Control Module(ACM)of vehide#2 was imaged bythe Worcester Fblice Department on 11/30/20'10 using Bosch Crash L1~ta f~frieval Ver. 3.5 software. A copy of the imagewasprovidedtothisofficer.InsummarytheCDRreport indicatesthatvehide#2 wastraveling at approximately 14 mph apprnwmately 1 second prior to impact with 29 percent throttle. An Impact speed is not retarded with a C~neral MotorsACM image. It also indicatesthat 2 secondsprior to impact the speed was8 mph with 20 percent throttle, 3 secondsprior to impact the speed was3 mph with 20 percent throttle,4seconds prior to impact t he speed was0 mph with 27 percent throttle and at ~ seconds prior to impact the speed was also 0 mph with 0 percent throttle. The report also indicatesthat the brake suvitch was active from 8'seconds prior to impact to 4seconds prior to impact. The above data indicatesthat vehicle #2 was stopped prior to impact and began to accelerate between 3 and 4 seconds prior to impact. The report indicates a maximum veloaty change of -21.53 rrrph at 157.5 milliseconds. It also indic~testhat the operator was not wearing a s~atbelt. ', ( ••~- Collision Reconstruction Report 19. Sep ~tt~ched Bosch CYash Data f~trieval PCM and ACM imagesftom vehide #1 and vei~ide #2. Time Distance Analysis 20. Vehide #2traveled a distance measured to be approximately 41.9 feet from a stop to impact with vehide #1. Using a calculated acceleration rate of .27,thiswould take vehide #2 approwmately 3.14 seconds to reach an impacf speed of 18.69 mph 21. At 52.8 mph vehide#1 would be approximately 243feet west of the point of impack when vehide #2 began to accelerate. 22. See figure 2. Hamitca~ Street f ~~ _~ '— ~ f — F! ~ 1~secmd< ~ i.5e ~s w.Yj~ -- —,---.. 0 I l II _~ Puritan Ava Pilgrim Ave ~-- — ~'igUf22 UsibilityAnalysis 23. Avisibility analysis conducted bythe Worcester Fblioe Traffic Division determined that there is at least 400 feet of dear sight distance for the operators of vehide #1 and vehide #2 asvehide#1 approached the intersection. Based on my site visit and a review of the Worcester Wlice photographs and video tape of this analysis, I would concur with their findings. -e,. Collision Reconstruction Report F~rception response 24. The point of possible perception for the operator of vehide #1 (when vehide #~2 began to enter the intersection) was determined to be approximately 243feet and 3.14 seoondswest o~the area of impact. The ACN1 image indicatesthat the operator of vehide #1 applied the brakes of the vehicle approximately .8 seconds prior to impact. Thiswould indicate a perception response time for the operator of vehide #1 to be approximately 2.34 seconds. Thistime iswithin the accepted range of 2.0 to 2.5 secondsfor an operator of a motor vehide at night. 25. lYiis indicatesthat the operator of vehide #1 reacted reasonably to the hazard (vehide #2 encroaching into its path. Collision Avoidance 26. Based on the time distance analysis above, vehide #1 was approximately 243 west of the intersection of Hamilton 3reet and Raritan Avenue when Vehide#2 began to proceed into the intersection. Thiswould place vehide#1 approximately one block away in the area of Ftigrim Ave. ~e figure 2. 27. Vehide ~1 was traveling on the through street and had t he right of way. Vehide#2 should not have proceeded at this point until vehide #1 had passed. 28. Vehide #1 was traveling at a speed calculated to be approximately 52.8 mph at impact wit h vehide#2.7he speed limit of Hamilton:~reet is by statute30 mph (thickly settled). Vehide #1 was approximately 243feet west of impact when the operator of vehicle #2 encroadied into its path. If vehicle #1 wastraveling between 30 and 43 mph,this collision could have been avoided. Total Sopping Distance 30 mph. ~2 30.002 — b= ~_ 30 ~ f Dpr =Apr # ~ R 1.466.. Dpr = 2.34 x 30.0 ~ 1.466.. Dpr = 10.96 Dt = C}pr+ D Dt = 1(72.96 + 42.85 Dt = 145.1 30 ~ 0.7`0 ~t,z.~T"*,L~1~ a•a ,~~ { ~ I, ~~ Collision Reconstruction Report Total stopping distance 43 mph 5~ 3tl ~ f 43.002 30 ~ 0.70 D = ~~3A4 Apr = l'pr X S X 1.466.. 8~p r = x.34 ~ 43.00 ~ 1.466.. C~~r = 147.57 Dt= Dpr~-~ Lit = 147.57 -~ X8.04 Dt = 235.61 Conclusions 29. Vehicle #1 wastraveling east on Hamilton 3reet in the i~ft travel lane. 30. Vehicle#2 was stopped at the intersection of Puritan Avenue and Hamilton greet. 31. The operator of vehicle #2failed to yield the right of way to vehicle #1,entered the intersection and encroached into the path of vehicle#1. 32. Vehicle#1 strudcvehide#2onthedriver'sside. 33. The speed of vehicle#1 at impact was calculated to be approximately 52.8 mph 34. The speed of vehicle #2 at impact was calculated to be approximately 18.69 mph. 35. The speed limit by statute of Hamilton 3reet is 30 mph. 36. lre operator of vehicle #1 wastreated at the some by BvlSand released. 37. The operator of vehid~ #2 was tr~nsparted to U-Mass Medical Center in VI(orces~er and treated for serious injuriessustained inthis collision. 38. There were na mechanical defects identified with respect to either vehicle that are factors inthiscollision 39. Therewer~noroadwaydefec~sidentifi~dthatareafactorsinthiscollision. ~;1~~ _., Collision F2econstruction Report •. 40. If isttiis OfficersOpinion that' the cause of this oailision isthat tfie operator of vehide #2, Kailee I-iggins,failed to yield the right of way to vehide #1 and encroached into its path. Vehide #1 had the right of way. 41. It isthis Officersopinion that the speed of vehide #~1 is a contributing factor in this collision. 42. It isthis OFFicersopinion based on the Worcester Police report,that alcohol consumption by the operator of vehide #2 isa contributingfac~or in this collision. F~~ectfuliy 9.ibmitted, Lieutenant Andrew S {4ane #1301 ALTAR#949 Massachusettsgate Wlice Collision Analysis & F~construction Section 326 West Grove greet Middleboro, Massachusetts02346 Hamilton Street Worcester, MA anization ~ted By Fx3 Momentum Report MA Skate Police CARS Case Lieutenant Klane Date Created 2011-CAR000078 3/29/2011 4680 0.00 1.2 234.19 0.00 78.56 Total Weight{Ibs) Final(Rest) Velocity(MPH) Departure Angle(degs) Pre Length(ft) Pre-Impact Friction Post Length(ft) Friction Zone 1 Value 0.56(g) Total Weight(Ibs) Final(Rest) Velocity(MPH) - ---- ----- PPP Angle (degs) Departure Angle(degs) Pre Length(ft} I'r'e-Impact Friction Post Length(ft) Friction Zone 1 - __ -- -- Length(ft) 78.56 3650 0.00 104.2 46.0 41.90 0.00 54.02 Value 0.35(g) Length(ft) 54.02 V ~M~) Vo(MPH) Vf (MPH) c~V(MPH) oV.X _.. (MPH} __. ~V.Y(MPH) -PDOF(degs) 52.75 52.75 36.29 16.49 16.47 0.78 2.7 V (MPH) Vo MPH Vf(MPH) dV(MPH) dV.X(MPH) vV.Y(MPH) _ PROF(degs) DV Crush(MPH) -_ ~1V Airbag(MPH) ~V Calculated(MPH) PROF(degs) PROF Calculated (degs) Energy Before l mp act Energy After I mp act 0 0 16.49 0 2.7 477647.5 274907.9 dV Crush{MPH} r~V Airbag{MPH) ~V Calculated(MPH) PROF __ (degs) _ ___ PROF Calculated (degs) _ 18.69 18.69 23.79 21.14 6.16 -20.22. _73.1. 0 0 21.14 0 -73.1 __ MomentumFx 360 Degree' Momentum Solution - Detailetl Mathematical Solution The MomentumFx solution is based on the Conservation of Linear Momentum and specifically the 360 Degree solution. Post Impact speeds are shown in the calculation, however, the details of post impact speed calculations are not displayed. Fbst impact speeds are calculated from the simple Slide to Stop solution over multiple surfaces. `111 tl3Sin83~- X12 tfgSinBq ~ ~a [~~ fZSin82 ~.1 = 2{11 U3C05~3~- ~£~ t~dCos6d~ ~f2 T~2Cos82E r ~t~ ~I ,af2' M1= Iviass Vehiele 1 {Ib~(ib) 1Y£y= Mass Vehicle 2(lb)(lb} T/'1=Pre-Impact Velocity Vehicle t (f7s)(ds) ~2=Pre-Impact Velocity Vehicle 2(fPs}(fls~ ~3=Fost-Impact Velocity Vehicle 1 {fls)(t7s) Vq= Pnst-Impact Velocity Vehicle 2 {f7s)€t7s) 92= Vehicle 2 Approach angle 93= Vehicle 1 Degariure Angle 6q= Vehicle 2 Departure Angle - --- - -- - -- ,.~r•~~~ -r — --- ----- ~, '; ~2 _ 680)(53.23}Sin(1.22)~- ~'3650)(34.8~)Sin(46.03)E 650)Sin(104.2~ ~2 _ 322.?9)~- 1567.96)8 3537.73) (96990.75) V~ X3537.73) irz=27.42=7&,~9(mph) ~I= 3680)(53.23)Cos(1.22)x-~3b50)(34.89)Cos(46.03)~~3650)(27.42)Cos(104.25)t (4686) ~1= 249052.SO)$ ~8423.73)~ 24527.90)8 680) ~I _ (312848.b0) (4680) ~1 =77.37=S2.75(mph) DeltaV Calculation 11U1= {~~+ U3~ 2~'~ ~3CosBs Ci~l = 77.37)2+(53.23}2~ 2(77.37)(53.23)Cos(1.22} d~1= x(8819.&2)- {8235.4Q} dUl = x{584.82) dTf~ = 24.18=1~.49(mph) dYa =1~'Z+Tl4~ 2I~2F~4Cos~2 - 6q~ dt~2 = ~C-L7.42)2+(34.89)zB 2(27.42)(34.89)Cos~td4.25)- C46.03)B .h~/y = (1969.26)-(1913.34)Cos~8.22)B Isl/2 = x(961.46) 1~~~ = 37.01=21,14{mph) ~~=i~~ ~ '~ ~~ ~n~~nrn~,~ra ~ IMPORTANT NOTICE: Rober[ Bosch LLC and the manufacturers whosevehicles are accessible using the CDR System urge end users to use the latest production release of the Crash Data Retdevaf system software when viewing, printing or exporting any reUfeved data from within the CDR program. Using the latest version of the CDR software is the best way to ensure that retrieved data has been translated us(ng the most current information provided by the manufacWrers of the veh(cles supported by this product. CDR File Information User Entered VIN User Case Number EDRData Ima in Date Crash Date Filename Saved on Collected with CDR version Re oRed with CDFt version EDR Device T e Events)recovered 1G6DR567750134447 Worcester Police De artrnent 2010-11571 Q 11/30!2010 11!30/2010 1G6DP567750134447 ACM.CDRX Tuesda November 30 2410 at 15:49:01 Crash Data Retrieval Toof 3,5 Crash Data Retrieval Tool 3.5 airba control module Deployment Non-De to meni Comments No comments entered. Data Limitations Recorded Crash Events: There are kwo types of Recorded Crash Events. The first is the Non-Deployment Event. ANon-Deployment Event records data but does not deploy the air bags}. it contains Pre•Crash and Crash data. Tha SDM can store up to one Non-Deployment Event. This event can be overwritten by an event that has a greater SDM recorded vehicle longitudinal velocity change. This event will be cleared by the SDM, after approximately 250 ignition cycles. This event can be overwritten by a second Deployment Event, referred to as a Deployment Level Event, ii the Non•Deployment Event is not locked. The data in the Non-Deployment Event file will be locked, if-the Non-Deployment Event occurred within five seconds before aDeployment-Event. A locked Non Deployment Event cannot be overwritten or cleared by the SDM. The second type of SDM recorded crash event is the Deployment Event. It also contains Pre•Crash and Crash data. The SDM can store up to two different Deployment Events, if They occur within five seconds of one another. If multiple Non-Deployment Events occur within five seconds prior to a Deployment Event, then tha most severe Non-Deployment Event will be recorded and locked. If multiple Non-Deployment Events precede a Deployment Event, and occur within five seconds of each other (but not necessarily all within five seconds of the Deployment Event), then the most severe of the Non-Deployment Events (which may have occurred more than Ove seconds prior to tha Deployment Event) will be recorded and locked, if a Deployment Level Event occurs within five seconds alter the Deployment Event, the Deployment Level Event will overwrite any non-locked Non•Depioyment Event. iF multiple Non-Deployment Events occur within Five seconds prior to a Deployment Event, and one or more of Chose events was a Pretensioner Deployment Event, then the most recent Pretensioner Deployment Event will be recorded and locked. Deployment Events cannot be overn+ritten or cleared by the SDM. Once the SDM has deployed an air bag, the SDM must ba replaced, Data: -5DM Recorded Vehicle Longitudinal Velocity Change reflects the change in longitudinal velocity that the sensing system experienced during the recorded portion of the event. SDM Recorded Vehicle Longitudinal Velocity Change is the change in velocity during the recording time and is not the speed the vehicle was !raveling before the event, and Is also not the Barrier equivalent Velocity. For Deployment Events, the SDM will record 100 milliseconds of data after deployment criteria is met and up to 50 milliseconds before deployment criter(a is met. dot Non-Deployment Events, the SDM can record up to the first 15tl milliseconds of data after algorithm enable. Velocity Change data is displayed in SAE sign convention. -Event Recording Complete will indicate if data from the recorded event has been fully written to the SDM memory or if it has been interrupted arxi not fully written. -SDM Recorded Vehicle Speed accuracy can 6e affected by various factors, including but not limited to the following: -significant changes in the tire's rolling radius -final drive axle ratio changes -wheel lockup and wheel slip Brake Switch Circuit Status indicates the open/closed state of the brake switch circuit, -Pre-Crash data fs recorded asynchronously. -Pre-Crash Electronic Data Validity Check Status indicates "Date Invalid" if. •the SDM receives a message with an `invalid"(lag ftom the module sending the pre crash data -no dale i~ received from the module sending the pre•crash data -no module present to send the pre-crash data -Engine Speed is reported at two times the actual value in the following vehicles, if tFie veh(cle is equipped With a 6.6L Duramax diesel engine(RPO LB7, LBZ, LLY, or LMM): -20D1-2006 Chevrolet Silverado 1G6DP5fi7750134447 Page 1 of D Printed on: Tuesday, November 30 2010 al 15:40:5 ~- cfras n ra -2007 Chevrolet Silverado Classic -2001-2006 GMC Sierra -2007 GMC Sierra Classic -2006-2007 Chevrolet express -2006-20b7 GMG Savana -2003=7069 Chevrolet Kodiak -2003-2009 GMC Topkick circui6 If the v8hicle's electrical -Driver's and Passengers BeltSwitch Circuit Status indicates the status of the seal belt switch may be reported other than the actual stale. system is compromised during a crash, the state of the Driver's Belt Switch Circuit I(the lime belW~en the hvo events is greater -Tfi~ Time between Non~Deployment to Deployment Evehts is displayed in seconds. than five seconds,"NIA" is displayed in place of the time. be retarded. -i(power to the S6M is lost during a crash event, all w part of the crash record may not event. -Multiple Events will indicate whether one or more assoc(ated events preceded the recorded •Multiple Events Not Recorded can be used in the following senfeos: events prior to the recorded -If a s(ngle event is recorded, this parameter will indicate whether one or more assoc(ated there were available event was not recorded due to insufftcient record space(because there were more events than aventrecords). one or more associated -If two associated events are recorded, This parameter for the first event will indicate whether events prior to tha first event was not recorded due to insu(ficienl record space. whether one dr mare associated -If two associated events are recorded, This parameter for the second event will indicate events between the first and second events was not recorded due to insufficient record space. the vehicle and scene. -All data should be examined in conjunction with other available physical evidence from Data Source: ttie following: Ali SDM recorded data is mersured, calculated, and stored intemaily, except fbr Control Module (PCM~, via the -Vehicle Speed, ~ng(ne Speed, and Percent Throttle data are transmitted by the Powertrain vehicle's communication network, to the SDM. via the vehicle's communication network, to -Brake Switch Circuit Status data is transmitted by either the ABS module or the PCM, the SDM. -The Belt Switch Circuit is wired directly to tF~ SDM. 01027_SDM GF_r002 'IG60P56775~134447 Page 2 of 8 Printed on: Tuesday, November 30 2070 at'15:49:5~ ~* CR Sfi D TA ~f~i~ u'~ a lr _Cvc4am Sfa4~~c ~t I~pnlevrnpnt SIR Wamin Lam Status Drivers Belt Switch Circuit Status Passen en's Belt Switch Circuit Status nition C cfes At De to ment ninon C cles At Invesli ation Maximum SDM Recorded Veloci Chan eMPH AI orithm Enable to Maximum SDM Recorded Veloci Chan e msec Driver 1 st Sta e Time From AI orilhm Enable to De to ment Command Criteria Met msec Driver 2nd Sia e Time From AI orithm Enable to De to ment Command Criteria Met msec Passes er 1st 5ta e Time From AI orilhm Enable toDe to meet Command Criteria Met msec Passenger 2nd Stage Time From Algorithm Enable to Deployment Command Criteria Met msec Time Between Non-De to menk And De to ment Events sec Frontal De to ment Level Event Counter Event Recordin Cotn lete MuIU Ie Events Multi Ie Events Not Recorded Seconds Before AE -5 -4 -3 -2 -1 Vehicle Speed MPH 0 0 3 8 14 Seconds Before AE -8 -7 -6 -5 -4 -3 -2 -1 Brake Switch Circuit State ON ON ON ON OFF OAF OFF OFF 1G6DP5fi775U134447 Engine Speed RRM 640 576 1856 1984 2880 Page 3 of S OFF UNBUCKLED UNBUCKLED 13815 13817 -21.53 157.5 17.5 N/A Su ressed NIA N/A 1 Yes No No Percent 'Chrottie 0 27 20 20 29 Printed on: Tuesday, Novem her 30 2010 at 15:49:56 GRA3H DATA Time (mlYfseconds) 10 20 36 40 50 GD 70 8D 90 7W Recorded Veiwity Change (P,iPH) 0.00 -3.72 -0.03 -G20 620 -8.37 -10.5! -10.85 -12.71 -75.81 1 V6DP56775~134d47 Page 4 of 6 110 17.98 12b 130 140 15Q WA WA NIA NIA Printed on: Tuesday, November 36 2D10 at 15:49:5G r~ ~~—~~ -_.' I. is CRA3Ii DATA _ d P ~b System Status At Non-Deployment OFF UNBUCKLED UNBUCKLED 13656 13817 -d.12 2.5 No Yes No No SIR Wamin Lam Status Drivers Belt Switch Circuit Status Passen ers Belt Switch Circuit Status nilion C cies At Non-De to ment i ninon C ties AL Investi ation Maximum SDM Recorded Velocit Chan eMPH AI orithm Enable to Maximum SDM Recorded Veloci Chan e msec Cresh Record Locked Event Recordin Com lete Multi Ie Events Multi fe Events Not Recorded Seconds Before AE -5 -4 -3 -2 -1 Vehicle Speed (MPH} 29 29 28 29 30 Seconds Before AE -8 -7 -6 -5 -A -3 -2 -1 Brake Switch Circuit State OFF OFF OFF OFF OFF OFF OFF OFF 1G6DP567750134447 ~ Engine Speed (RPM) 1216 1216 1408 1984 2176 Page 5 of 6 percent Throttle 0 0 20 13 25 Printed on: Tuesday, November 30 2010 a[ 15:49:5 ~~ ~y=vl ~csea ter+ okra ,,. , 9 - j -_ l ~ ' ~_ J_ L j j ~ ~ _. _ _~ ~ 70 2U 30 ~ & i --- ;- _;_ ij _ ~ ~ ~ _ l __~ _ _~ L tS0A7 Record VeiocR7 Change [MPH{ 1G6DP567~50134447 Non-Deployment Data _1 V _ s~ _; _ ~ i~ — _, •10 Time (mftlisecornis) 10 20 30 AO Recordod Velwily 0.00 0.0~ O.U'J O.UO 50 NIA 6D NA 70 N1A 80 PYA 90 N1A 1W 11D 720 130 140 160 NlA NJA WA N+A NG~ N!A Ghanga ~~APH) 1Ci6DP567750134447 Page 6 of D Prin1eU on: Tuesday, November 30 2010 at 15:49:6G ~~~ ~R.4Sf-I DATA ->r Hexadecimal Data Data that the vehicle manufacturer has specified for data retrieval is shown in the hexadecimal data section of the CDR report. The hexadecimal data section of the CDR report may contain data that is not translated by the CDR program. The control module contains additional data that is not retrievable by the CDR system. 7U 66 33 32 00 00 OQ 00 00 00 00 UO 00 OD 00 00 °t7 11 00 00 r'la ~'A OD 00 69 00 00 OQ 00 O~J E'F' FF' E'E' $O1 EU 3C E3 32 B3 $02 CA 00 0~' ON' U1 $03 41 53 ~9 32 39 $04 9B 3~ 98 98 5'1. $0~ UQ OD DO 00 00 ;06 10 37 6~ 27 i)0 $07 Dq OD DO 00 00 $08 00 60 00 00 00 $0~ 00 D.0 (~0 Op ()0 $OA b0 00 00 DO 00 5013 Od OU 00 DO 00 $OC DO OU 00 O~J 00 $OD UO DO ~~ 00 UO ~0~: 00 00 00 00 00 $t~F 00 00 UO 00 UO $10 E'~ 90 F'E DO 00 $1S 81 81 3:3 7F' 7E ,s12 87 77 76 ~1 51 ;13 Ft~ oz ~o DO 00 $1~3 q3 00 10 10 6C $15 3S i'A 99 1'A I'A $16 e'F 97 r'A 99 l.4 $17 F'A i'A 00 DO 00 $18 03 FF' S1 E;C 0~ $19 09 U1 ~e? 00 UO $lA 00 DO DO 40 DO $18 GO Ol7 00 00 00 $1C i)0 00 (?0 OD 00 $lU DD p0 i)0 DD DO $1P FE Od 0~ 00 00 $20 12 F'h: 00 D0 E'P' $21 E'I' E'F' FF F`F E'~' $22 L E' EP' rE' L'F' L E' $23 r'P r'1~' F'k' k'r~ r~r• $29 UO 00 U6 0:3 01 GL o0 ~)0 00 E~r~ S2~ $26 QO ~0 OU DO 00 $2r ()0 OU OU ~0 b0 $28 OD 00 00 04 P'9 $29 FF' A5 r'E' 1'P' r'N' $2P E`E' E'F' E'E' FN' FF $2B IE LF F'1' F'F' F'P' D9 F~E~ 00 l~0 ~9 E E' 5'L' I'F' DO L'F' F'N' PI' E'1' Q7 DO DO 56 00 F'F' 19 3A @'~ 00 r'r' E'F r'F' N'F' U3 00 00 96 D7 N E' 1B UU 91 $2ll X30 $31 S 32 $3:3 $39 $35 $36 $37 $~8 $39 $3A $3B $:tC, E'F' I32 N E' A'[' 1%N' 00 DO GO 00 3i' L~1 00 2Z p0 E'E' N'~ E'E' PF' FF 11 DO UO 00 07 00 pC 23 L10 00 UO ~'r' N'h' NI' 00 OU 06 00 ~A 00 OD 29 UO 1G6DP5&7750~94d47 00 00 E't' F E' L'~' OE 00 UO D9 37 p0 19 3~' 013 r~r• Page 7 of 8 Printed on: Tuesday, November 3D 201b at 15:49:5 ~D: -" BRASH BATA O _~ '.. 0 Y $9U $40 :i41 $92 593 $94 ti 9:a $96 $9'7 $49 BD 31 00 UO 13 16 OF 00 UR ~ b' $49 ~9A F E' 1'F' FF' E'F' 1'i' r'F' E"F FP' ~F EF' FP FP' R5 2F' 00 00 UO 0~ DO 00 DO ~'N' 00 'LD 91 22 7~ Q~ 9.9 2D 7U F'r' 9 T E M bU DO 00 It 2F UO 21 39 00 1F' 1n' 13 80 Ud 0~ 00 000O 39 39 99 'lf1D U9 80 OU OG FF E'F E'p' ,~~ r°F t•r~ r~~~ r~r~ oa o0 S9C r~r~ r•r~ r~r~ ~~~~ r~r~ t~t~ $9~ $~7~ 9I" $50 $51 $52 S53 $~9 6P' NF L'E' 83 r'E' FF G ~' E7 F E' E'r' E'F' 00 ~'P' E'~' G'F 00 FF' r'F FE' DO F'7 FE fiA' E'9 F'1~' E'F F'F' H'N' L'E' 00 FI' 80 E'r' FF l'X' 1P. E'F' IG 91 80 FF b'E' 0D E'~' F'F' I.1,, N'r AS Disclaimer of Liability The users of the CDR product and reviewers of the CDR reports and exported data shall ensure thai data and (nforma6on supplied is applicable to the vehicle, vehicle's systems)and the vehicle ECU. Robert Bosch LLC and all its directors, o~cers, employees and members shall not 6e liable for damages arising out of or related to incorrect, incomplete or misinterpreted software and/or data. Robert Bosch LLC expressly excludes all liability for incidental, consequeni(ai, special or punitive damages arising from or related to the CDR data, CDR software or use tfiereof. 1G6DP567756134447 Page6 of8 Printed on: Tuesday, November 362~9Uat 15:49:6G j~ a, .~ ~ ~ ~ r~ -~°~ GFiASN D.gTA - m ~ ~ r ~m IMPORTANT NOTICE: Robert Bosch LLC and the manufacturers whose vehlcies are accessible using the CDR System urge end users to use the latest production release of the Crash Data Retrieval system software when viewing, printing or exporting any reUfeved data from withG~ the CDR program. Using the latest version of the CDR software Is the best way to ensure that reUieved data has been translated using the most current information provided by the manufacturers of the vehicles supported by Uifs product. CDR File Information .User Entered VIN User Case Number EDR Daia Ima in Date Crash Date Filename Saved on Collected with CDR version Re orted with CDR version EDR Device T e Restraint Deployment Signal Received 2LMDUBSC6ZBJ15794 Worcester Police De t 2010-115710 1 1130/2010 11-28-2010 2LMDU88C67BJ15794 PCM.CDRX Tuesda November 30 2Q10 at 15:07:06 Crash Data Retrieval Tool 3.5 Crash Data ReUieval Tool 3.5 owertrain control module Yes Comments No comments entered. Data Limitations FORD POWERTRAIN CONTROL MODULE EVENT DATA INTERPRETATION GUIDE 1. This document is intended to assist you in reading the data tF~at has been retrieved from a Powertrain Control Module("PCM")contained in a Ford vehicle. This document is further intended to provide general guidelines and is not intended to provide intormaUon regarding the Interpretation of a specific read-out. 2. The data points in the "PCM EDR Data"' tables shown in this report occur every 0.2 seconds of time. It should be pointed out that °Relative Time (calo.)"(n these tables is calculated based on the 0.2 second time interval and fs displayed relaQve to the receipt of a Restraint Deployment Signal from the RCM. The "aelative Time (talc.)" Information is not data which is retrieved from the PCM but is calculated based on the above information. 3. ire the event that one of the vehicle's restraint devices (e.g., the vehicle's airbag a pretensioner) have deployed as a result of a collision, the Restraint Control Module or RCM will send a Resttainls Deployment Signal(RDS)to the PCM via the vehicle data bus or through a d(rect wired connection. If the PCM receives an RDS, it will lock the data. it should be pointed out That the RGM and Vehicle Data Bus both require power for tenths of a second 'after the collision in order to send a signal or slag to the PCM. 4. it no I2DS flag has been received from the RCM and there is still power to the PCM,the PCM data will not lock and the circular buffer will continuously overwrite itself when the vehicle's ignition is in the run position. in this event, data contained in the PCM that was relevant to the coll(sion may be lost. However, if power was lost as a result of the collision, or the ignition key was turned off shortly after the event, there may still be data relating to the collision (n the i'CM. 5. Finding the data relating to the moment of impact; a.) With regard to the PCM CDR Data tables where a Restraint Deployment Signal is received, the data is displayed in 6rdered of the "Relative Time (talc.)" parameter beginning with the oldest recorded frame of data. The moment of impact can be found by reviewing the data contained in the RDS column. Specifically, the data samples recorded with an RDS flag equal to "Received" in the PCM EDR Data tables signify points recorded after the PCM received the RDS signal from the RCM. If the PCM has received an RD5 Oag, the moment o(impact is typically set at the F2DS = "Not Received" in the PCM EDR Data tables reading that immediately precedes areading o(RDS = "Rece(ved°. 'The last RDS = "Received" data point signifies the last data point recorded in the event. b.) With regard to the PCM EDR Data tables where a Restraint Deployment Signal is not received, the data is displayed in order of the "Buffer Address" parameter data beginning with the lowest address value. The PCM buffer is citoufar and the data point o(first address listed (n the PCM EDR Data tables does not necessarily signify the beginning of the PCM recording. The start and stop lime of the PCM recording could be in the middle of the Table. The moment of impact usually correlates with a discontlnuity of the data listed in the (able. I(a single, significant discontinuity in the dace is found, the data point immediately preceding the discontinuity is likely to be the last data point recorded. This point usually signifies impact time zero. If there is no single significant discontinuity, the data must bs examined in detail to determine the largest discontinuity in the largest number o(data elements. If no single largest discontinuity can be determined, it may not be possible to determine the moment ofimpact. 6. The PCM Daia Tables further show a column labeled as the "Key on Timer - 63.75 Max (sec)" or PUTMR. The PUTMR shows the length of lime that the PCM was functioning for the most recent key cycle. The timer ascends to a maximum value of 63.75 seconds. If the data was not locked by an RDS flag and the ignition key Was turned off and on again, the PCM will begin to write new data starting at the beginning of the data table. While it is 2LMDU08C878J15734 Page 1 o(11 Printed on: Tuesday, Navemher 30 2010 al 15:07:55 ~ ... ~ CRS3H DdTA _'~ C~ t -9L.. not common,there are instances where the first portion of the data table has subsequent-key-on, post crash data; while the latter portion of the data table has data from the key cycle in Wh(ch the crash occurzed. In other rare cases; an evert! has odcutreil In less than 25 seconds after keyon and older data from prior key pycles has been left in the latter part of the buffer. Review the Key on Timer -63.75 Max (sec)(PUTMR)data for discontinuities to determine i(this has occurred. 7. Data dfspiayed (n the Key on Timer - 63.75 Max (sec)column has a resolulfon of 0.25 sewnds and rounds actual data to the nearesl0.25 seconds. The data points occuY every 0.2 seconds. Actual time d.0 Key on 7(mer display 0.0 o.z o.zy 0.4 0.8 0.8 1.0 0.50 0.5b D.75 1.00 8. Recorded Vehicle Speed is proportiohaf to transmission output shaft speed and accuracy can be affected 'rf the vehicle has had the tire size or intlalion pressure oY the final drive axle ratio changed from the factory build specifications. PCM Data Source: All F'CM ~ecordeci data is fed ditacHy tram sensors to the PCM where raw signals are processed, and stored internally, except fbr !fie following parameters which are transmitted via the vehicle's communication network: - Sta6(Iity Control - Traotion Gont~oi -ABS - Restraint Deployment Signal 02005 PCM-1-2 r~1 2LMDU68C878J15794 Page 2 of 11 Prfnled on: Tuesday. November 30 2016 at 15:07:55 C~-~ CRASH DTA '. ~ Y 8 T E A9 PCM Module Information Vehicle ldeniification Number from PCM PCM F(le Name calibration level PCM Part Number 2LfviDU08C&78J15784 2LMDU88C67BJ15794 JQAJ1T2.HEX* 7T4A-12A650-ZH Page 3 of 11 Printed on; Tuesday, Novemtrer 30 20'I O of 15:07:55 'c ~ rrasr,~ oar4 - 2LMDU88C676J15794 PCM EDR Crash Data - RD5 Received •zo.o Vehicle Speed {MPH) -~s.o Accelerator Pedal(%) •~o.o •s.o Relative Time in Seconds o.o ~- Brake Switch(d=off/99=0n) ~- ABS(0=lnactive/97=Active) -a- RPMl1b0 s.o -, ~ eAasr-ro ra ~ PCM FIR data f11 Buffer Address (Hex) EA000520 EA000530 EA000540 EA000550 EA000560 EA000570 EA000580 EA000590 EA0005A0 EA0005B0 EAOOO5C0 EA0005D0 EA0005E0 EA0005F0 EA000600 EA000610 EA000620 EA000630 EA000640 EA000650 EA000660 EA000670 EA000680 EA000690 EA0006A0 EA0006BD EA0006C0 EA0006D0 EA0006E0 EA0006F0 EA000700 EA000710 EA000720 EA000730 EA000740 EA000750 EA000760 EA000770 EA000780 EA000790 EA0007A0 EA0007B0 EAOOWCO EA0007D6 EA0007E0 EA0007F0 EA000010 EAODOQ20 EAOOOQ30 EA000040 EA000050 EA000060 EA000070 EA000080 EA000090 EAOOOOAO EAOOOOBO EAO~OOCd EAOOODDQ EAOOOOEO EAOOOOFD EA000100 EA060110 EA000120 EA000130 EA000140 Restraint Relative Ttme {talc.) Deployment Signal (Seconds) (Received 1 Not Received) Not Received -20,2 -20.0 Not Received Not Received -19.8 Not Received -19.6 Not Rece(ved -19.4 Not Received -19.2 -19.0 Not Received -48.8 Not Received Not Received -18.6 Not Received -18:4 -18.2 Noi Received Not Received. -18.0 Not Received -17.8 Not Received -17.6 Not Rece(ved -17.4 Not Received -17.2 Not Received -17.0 Not Received -16.8 Not Received -16.6 Not Received -16.4 Not Received -16.2 Not Received -16.0 -15.8 Nol Received Not Received -15.6 Not Received -15.4 Not Received -15.2 Not Received -15.0 -14.8 Not Received -14.6 Not Received Not Received -14.4 Not Received -14.2 Not Received -14.0 Not Received -13.8 Not Received -13.6 Not Rece(ved -13.4 Not Received -13.2 Not Received -13.0 Not Received -12.8 -12.6 Not Received Not Received -12.4 Not Received -12.2 Not Received -12.0 Not Received -11.8 Not Received -11.6 Not Received -11.4 Not Received -T 1.2 Not Received -11.0 Not Received -10.8 Not Received -10.6 -10.4 Not Received -10.2 Not Received Not Received -10.0 Not Received -9.8 Not Received -9.6 Noi Received -9.4 Not Received -9.2 Not Received -9.0 Not Rece(ved -8.8 Not Received -8.6 Not ReceCved -8.4 Not Received -8.2 Not Received -8.0 Nol Received -7.8 Noi Received -7.6 Not Received -7.4 Not Received -7.2 2Lh1DU68C67BJ15794 Accelerator Engine Speed, Vehicle Pedal Throttle %Fu(i Indicated °/a Full (MPH[km/h]) (°/a) (%j 39.9 64,2 39.9 G4.2 39.9 64.2 39.7 63.9 39.9 64.2 39.8 64 39.7 63.9 39.6 63. 39.8 64 39.7 63.9 39.8 G4 40:1. 64.5 4Q.9 65.8 40.1 64.5 40.4 65 40.9 65.8 41.4 66.6 41.6 66.9 42,1 67. 42.3 68.1 42.7 68. 43 69.2 43.1 69.3 43.1 69.3 43.2 69.5 43.2 69. 43.1 69,3 43.1 69.3 43.2 69.5 43.1 63.3 43 69.2 43.1 69.3 43 69.2 43.1 69.3 d3 69,2 42.9 69 43.1 69.3 43 69.2 43.6 70.2 43.7 70.3 44 70,8 44.4 71A 44,6 71.8 44.9 72.2 45.2 72.7 45.5 73.2 45,9 73.9 45.9 73.9 46.1 74.2 46.4 74. 46.6 75 46.7 75,1 46.8 75.3 46.9 75.5 47 75.6 47.1 75.8 47.3 76.1 47.3 76,1 47.4 76,3 47.4 76.3 47.5 76.4 47.8 76.9 47.8 76.9 47.9 77.1 48.1 77.4 48.1 77.4 40 37 31 27.5 31.5 35 35.5 35.5 30.5 28.5 28 36 44.5 42 41.5 41.5 38.5 37.5 35.5 30.5 28.5 26 22 19:6 5.5 0 0 0 0 0 D 0 0 0 0 17 26 29.5 34.5 39 39 37 37 37.5 37.5 36 36 33 24 23 23 23 23 22 19 18.5 18.5 18.5 18.5 25.5 29.5 27.5 23,5 4.5 0 0 25 23.5 20,5 18.5 20 21 21.5 22 20,5 19 18.5 21.5. 26 26 25.5 25.5 24.5 23.5 22.5 20.5 19 1S 15.5 14 12.5 10.5 9,5 8.5 7.5 7 S.5 6.5 6 6 6 13:5 16 20 20,5 22.5 23.5 23 22.5 22.5 22.5 22 22 21 17 16 15.5 15.5 15.5 15 13.5 12.5 12.5 12,5 12.5 16.5 1S 18 16,5 12 10 8 Page 5 of 11 Brake Switch ABS Brake SC De•ac (On / bffl (On /Off) (Active/ Inactive OFF OFF Not Active OFF OAF Not Active OFF Not Active OFF OFF Not Active OFF OFD OFF Not Active OFF OFF Not Act(ve OFF OFF Not Active OFF OFF Not ActNe OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF Not Active QFF OFF Not Active OFF Not Active OFF OFF OFF Not Active OFF OFF OFF Not Active Not Active OFF OFF OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active Not Active OFF OFF OFF Not Active OFF OFF Not Active OFF OFF OFF Not Active OFF OFF Not Active OFF Not Active OFF Not Active OFD OFF OFF OFF Not Active OFF Not Active OFF OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Noi Active Not Active OFF OFF OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active Not Active OFF OFF Not Active OFP OFF OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF Not Active OFF Nol Active OFF OFF Not Active OFF OAF OFF Not Active OFF OFF OFF Not Active Not Active OFF OFF OFD OFF Not Active Not Active OFF OFF OFD OFF Not Active OFF OFF Not Active OFF OFF Not Active OAF OFF Not Active Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF OFF Not Active OFF Not Active OFF OFF OFF Not Active OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Transmission Neutra) (Neutral Not Neufral) Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral .Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutrel Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutrel Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Noi Neutral Not Neutral Not Neutral Noi Neutral Not Neutral Not Neutral Nol Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutrel Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Printed on: Tuesday, November 30 2010 at 15:07:55 CD.' -> Buffer Address (Hex} EA000150 EA000160 EAOOQ170 EA000180 EA000190 EA0001A0 EA0001BO EA0001C0 EA0001D0 EA0001 EO EA0001 FO EA000200 EA000210 EA000220 EA000230 EA000240 EA000250 EA000260 EA000270 EA000280 EA000290 EA0002A0 EA0002B0 EA0002C0 EA0002D~ EA0002E0 EA0002F0 EA000300 EA000310 EA000320 EA000330 EA000340 EA000350 EA000360 EA000370 EA000380 EA000390 EA0003A0 EA000380 EA0003CQ EA0003DQ EA0003E0 EA0003F0 EA000400 EA000410 EA000420 EA000430 EA000440 EA000450 EA000460 EA000470 EA000480 EA000490 EA0004A0 EA000480 EA0004C0 EA0004D0 EA0004E0 EA0004F0 EA000500 EA000510 Restraint Relative Time(calc.) Deployment Signal (Seconds) (Received I Not Received) -7.0 Not Received -6.8 Not Received Not Received -6.6 Not Received -6.4 Not Rece'roed -6.2 -6.0 Nol Received Not Received -5.8 -5.6 Not Received Not Received -5,4 Not Received -5.2 -5.0 Not Received -4.8 Not Rece(ved Not Received -4.6 Not Received -4.4 Not Received -4.2 Not Received -A.0 Not Received -3.8 Not Received -3.6 NoLRecelved -3.4. Not Received -3.2 Not Rece(ved -3.0 Not Received -2.8 Not Received -2.6 Not Received -2.4 Not Received -2.2 Not Received -2.0 -1.8 Not Received -1.6 Not Received Not Received -1.4 Noi Received -1.2 -1.0 Not Received Not Received -0.8 Not Rece(ved -0.6 Not Received -0.4 Noi Received -Q.2 0.0 Not Received Received 0.2 Received 0.4 Received 0.6 Received d.8 Received 1.0 Received 1.2 Rece(ved 1.4 1.6 Received 1.8 Received Received 2.0 Received 2,2 Received 2.4 2.6 Received Received 2.8 Received 3.0 Received 3.2 Received 3.4 Received 3.6 Received 3.8 Received 4.0 Received 4.2 Received 4.4 Received 4.6 Received 4.8 Received 5.0 2LMDUOSC678J157~4 Accelerator Engine Speed; Vehicle Pedal Throttle Indicated %Full %Full (MPH[km/hj} (%) (%) 48.1 77.4 48.2 77.6 48.3 77. 4&,3 77. 48.6 782 48,7 78.4 48,5 78 48.8 78,5 49 78.8 49.3 79.3 49.4 79. 49.6 79.8 49.9 80.350.2 80.8 50.6 81.4 50.7 81.6 51 82.1 51.2 82.4 51,5 82.9 51.8 83.3 51.9 83.5 52.2 84 52.5 84.5 52.5 84.5 53 85,3 52.8 85 52.8 85 52.9 85.1 53 85.3 53.1 85.4 532 85.6 53.1 85.4 53.1 85.4 53.1 85.4 53.1 85.4 52.8 85 22.4 36 7.4 11.9 9.1 14.6 2.1 3.4 3 4.8 8 12.9 12.9 20.8 12.4 20 12 19.3 11.4 18.3 10.3 16.6 10 16.1 9.5 15.3 9.4 15.1 8.8 14.2 8.3 13.4 7.7 12.4 7.2 11.6 6.5 10.5 5.9 9.5 5.4 8. 4.7 .6 4.1 6.6 3.5 5.6 2.8 4.5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2.5 0 0 0. 0 Q 0 0 0 0 Q 0 0 0 0 0 d 0 0 0 0 0 .5 .5 .5 4 .5 1 11 2 15.5 .5 .5 .5 .5 .5 .5 .5 .5 .5 .5 ,5 .5 .5 .5 .5 7.5 7 6.5 6,5 6 5,5 5 6 4.5 4 4 4 4 6 4 4 4 4 4 4 4 4 4 4 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 1.5 1.5 1.5 1.5 9 9 9 9 9 9 9 9 9 9 S 9 9 9 9 9 9 9 9 9 9 Page 6 of 11 Brake Switch GRA 4H DATR ABS Brake SC De-ac (On /Ofd (On !Off) (Active! Inactive OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active OFE .OFF Not Active OFF OFF Not Active OFF OFF Not Active OFF No[ Active OFF Not Active OFF OFF OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active Not Active OFF OFF OFF OFF Not Active OFF OFF Not Active OFD OFF Not Active OFF NotActive OFF OFF OFF Not Active Not Active OFF OFF OFF Not Active OFF OFF OFF Not Active OFF OFF Not Active OFF OFF Not Active' OFF Not Active OFF Not Active OFF OFF OFF OFF Not Active OFF OFF Not Active Not Active OFF OFF OFF OFF Not Active Not Active ON ON Not Active ON ON ON ON Not Active Not Active ON ON Not Active ON ON Active ON ON Active ON ON ON ON Active ON ON Active ON ON Active Active ON ON ON Active ON OFF OFF Active Active OFF OFF Active OFF OFF Active OFF OFF OFF Active OFF Active OFF OFF Active OFF OFF OFF Active OFF Active OFF OFF Active OFF OFF Act(ve OFF OFF Active OFF OFF Active OFF OFF Active OFF OFF Active OFF OFF OFF OFF Active Active OFF OFF Active OFF OFF Transmission Neutral (Neutral 1 Not Neutral) Not Neutral Not Neutral Not Neutrel Not Neuirai Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Nol Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutrel Not Neutral Not Neutral Not Neutral Noi Neutral Not Neutral Not Neutral Not Neutral Not Neutrel Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Not Neutral Printed on: Tuesday, November 30 2010 at 15:07:55 Ci7J4H OATA . ~v 6 PCM EDR data (2) Buffer Address (Hez) EA000520 EA000530 EA000540 EA000550 EA000560 EA000570 EA000580 EA000590 EA0005A0 EA0005B0 EA0005C0 EA0005D0 EA0005E0 EA0005F0 EA000600 EA000610 EA000620 EA000630 EA000640 EA000650 EA00~660 EA000670 EA000680 EA000690 EA0006A0 EA000680 EA0006C0 EA0006D0 EA0006E~ EA0006F0 EA000700 EA000710 EA000720 EA000730 ~A000740 EA000750 EA000760 EA000770 EA000780 EA000790 EA0007A0 EA0007B0 EA0007CQ EA0007D0 EA0007E0 EAOOQ7F0 EA000010 EA000020 EA000030 EA000040 EAOOOd50 EA000060 EA000070 EA000080 EA000090 EAOOOOAO EA000080 EAOOODCO EAOOODDO EAOOOOEO EAOOOOFO EA000100 ~A000110 EA000120 EA000130 EA000140 Transmission Relative Time(calc.) - Reverse (Seconds) (Reverse,/ Not Reverse Not Reverse -20.2 Noi Reverse -20.0 -19.8 Not Reverse -19.6 Not Reverse -19.4 Noi Reverse -19.2 Noi Reverse -19.0 Not Reverse -18.8 Not Reverse -18.6 Not Reverse Not Reverse -18.4 Not Reverse -18:2 Not Reverse -18.0 -17.8 Not Reverse -17.6 Not Reverse Not Reverse -17.4 -17.2 Not Reverse Not Reverse -17.Q Not Reverse -16.8 -16.6 Not Reverse Nol Reverse -16.4 Not Reverse -16:2 -16.0 Not Reverse -15.8 Not Reverse -15.6 Not Reverse -15.4 Not Reverse Not Reveree -15.2 -15.0 Not Reverse Not Reverse -14.8 -14.6 Not Reverse -14.4 Noi Reverse Not Reverse -14.2 -14.0 Not Reverse Not Reverse -13.8 Not Reverse -13.6. -13:4 Not Reverse Not Reverse -13.2 Not Reverse -13.0 -12.8 Not Reverse -12.6 Not Reverse Not Reverse -12.4 -12.2 Not Reverse -12.0 Not Reverse -11,8 Not Reverse -11.6 Not Reverse NolReverse -11.4 -11.2 No[ Reverse -11.0 Not Reverse -10.8 Not Reverse -10.6 Nol Reverse Not Reverse -10.4 -10,2 Not Reverse Not Reverse -10.0 -9.8 Not Reverse -9.6 Not Reverse Not Reverse -9.4 Not Reverse -9.2 -9.0 Not Reverse -8.8 Not Reverse -8.6 Not Reverse Not Reverse -8.4 -8.2 Not Reverse -8.0 Nol Reverse -7.8 Not Reverse -7.6 Noi Reverse Not Reverse -7.4 Not Reverse -7.2 2LMDU68C678J15794 Speed Control Engine RPM {RPM) Driveline Torque Commanded (N•m} Drivetine Torque Actual (y•m) (On l Off) OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF' OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF ~ OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF 2722.75 2701.75 2622.5 2535 2453.5 2453.5 25Q1.75 2586.25 2591.5 2541.75 2469 2516 2678 2750.6 2751.75 2745.25 2763 2728.75 2715.5 2676.25 2625.5 2603 2521' 2436.75 2428 24D9.75 2349 2236.75 2095.25 1926 1758 1782.5 1756.5 1680 1387 1318 1723 2011.5 2226.75 2352.75 2482 2511.5 2464.5 2457.5 2467.25 2469.5 2433.75 2418.75 2277.75 2074.25 2003.75 1970,25 1968.5 1970.75 1930.25 1847.75 181125 1805.75 1811.75 1811.75 2005.25 2148.5 2131.75 1942.5 1762.75 1676 221 212 184 160 152 183 193 191 182 164 152 183 219 228 226 224 220 206 197 181 157 142 "115 96 74 55 28 16 8 5 0 11 5 1 6 21 139 152 174 194 213 209 205 205 207 205 200 199 157 131 135 132 129 131 121 106 101 101 103 103 165 163 149 104 85 69 308 294 249 207 194 236 251 253 242 213 194 237 296 319 316 310 302 279 260 234 201 175 138 112 81 54 17 1 -7 -9 -12 -2 -8 -11 -7 5 102 124 149 171 193 190 182 182 182 180 174 173 131 105 106 102 100 1Q1 92 78 72 72 73 73 130 132 120 79 57 42 Page 7of 11 Traction Control Stability Control ~Ackive/ Inactive) Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Noi Active Not Active Not Active NoiActive NotAclive Not Active Noi Active Not Active Not Active Not Active Not AoUve Not Active Not Active Not Active Nof Active Not Active Nof Active Not Active Not AcCive Not Active Not Active Not Active Not Active Not Active Not Act(ve Not Active Not Active Not Active Not Active Noi Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active NotActive Not Active Not Active Not Active Not Active Not Active Not Active Not Act(ve Not Active Not Active (Active! Inactive) Not Active Not Active Not Active Not Active Not Active Nol Active Nol Active Not Active Not Active Not Active Not Active Not Active NotAct(ve Nol Active Not Active Not Active Not ActNe Not Active Not Aclfve Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Act(ve Not Active Not Active Not Active Not Active Not Acfive NotActfve Not Active Not Active Not Active Not Act(ve Not Active Not Active Not Active Not Active Not Active Key On Timer 63,75 Max (sec) (Seconds). 16:5 16.5 16.75 17 17.25 17.5 17.5 17.75 18 18.25 1815 18.5 18.75 19 19.25 19.5 19.5 19.75 20 20.25 20.5 20.5 20,75 21 21.25 21.5 21.5 21.75 22 22.25 22.5 22.5 22.75 23 23.25 23.5 23.5 23.75 24 24.25 24.5 24.b 24.75 25 25.25 25.5 25.5 25.75 26 26.25 26.5 26.5 26,25 27 27.25 27.5 27.5 27:75 28 28.25 28.5 28.5 28.75 29 29.25 29.5 Printed on: Tuesday, November 30 2010 at 15:07:55 "`~ ,G¢RASH D~A~Tq {~-~~ Buffer Address (Hex) EA00~150 EA000160 EA000170 EA000180 EA000190 EA0001A0 EA0001B0 EA0001C0 EA0001D6 EA0001 EO EA0001 FO EA000200 EA000210 EA000220 EA000230 EA000240 EA000250 EA000260 EAOOQ270 EA000280 EA000290 EAQOOZAO EA0002B0 EA0002C0 EA0002Dd EA0002E0 EA0002F0 EA000300 EA000310 EA000320 EA000330 EA000340 EA000350 EA000360 EA000370 EA000380 EA000390 EA0003A0 EA000380 EA0003C0 EA0003D0 EA0003E0 EA0003F0 EA000400 EA000410 EA000420 EA000430 EA000440 EA000450 EA000460 EA000470 EA000480 EA000490 EA0004A0 EA0004B0 EA0004C0 EA0004D0 EA0004E0 EA0004F0 EA000500 EA000510 ~ 0 _ ~, , p Relative Transmission Time(calc.) - Reverse (Seconds) (Reverse / Not Reverse) -7.0 Not Reverse -6.8 Not Reverse -6.6 Not Reverse -6.4 Not Reverse -6.2 Not Reverse NotReVerse -6.0 Not Reverse -5.8 -5.6 Not Reverse -5.4 Not Reverse -5.2 Not Reverse -5.0 Not Reverse -4.8 Not Reverse -4.6 Not Reverse -4.4 Not Reverse -4.2 Not Reverse -4.0 Not Reverse Not Reverse -3.8 -3.6 Not Reverse Not Reverse -3.4 Not Reverse -3.2 -3.0 Not Reverse -2.8 Not Reverse -2.6 Not Reverse -2.4 Noi Reverse -2.2 Not Reverse -2.0 Not Reverse -1.8 Not Reverse -1.6 Not Reverse -1.4 Not Reverse =1.2 Not Reverse -1.0 Not Reverse -0,8 Not Reverse -0.6 Not Reverse -0.4 Not Reverse Noi Reverse -0.2 0,0 Not Reverse 0.2 Not Reverse 0.4 Not Reverse 0.6 Nof Reverse 0.8 Not Reverse 1.0 Not Reverse 1.2 Not Reverse 1.4 Not Reverse 1.6 Not Reverse 1.8 Not Reverse 2.0 Not Reverse 2.2 Not Reverse Not Reverse 2.4 2.6 Not Reverse 2.8 Not Reverse Not Reverse 3.0 Not Reverse 3.2 3.4 Not Reverse 3.6 Not Reverse 3.8 Not Reverse Not Reverse 4.0 Not Reverse 4.2 Not Reverse 4.4 4.6 Not Reverse 4.8 Not Reverse 5.d Not Reverse 2LMDUOBC678J157fY1 ~~~ ~ .6~`r a r e m Speed Control Engine RPM Driveline. Torque Commanded (N•m) (On /Off) (RPM) OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF 1593 1540.5 1520.25 1506.25 1502.75 1496.5 1479~ 1492.5 1463.5 1428 1398,75 1386.25 136425 1356 1426.5 1464 143725 1386.75 1382 1393.25 1406.25 1395 1401.5 1558.25 1569.5 1557.25 155825 1566 1568.5 156975' 1574.75 1567.5 1564.25 1571.75 1562.75 1555.75 774.75 327.75 155.25 155.25 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 53 41 33 24 2d 12 5 8 -5 -10 -9 -9 -10 -T8 -4 -11 -12 -11 -11 -12 -12 -12 -12 -14 -16 -15 -15 -15 -16 -16 -15 -15 -15 -15 -15 -15 -60 -80 -90 -71 -42 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 -35 Page S of 11 Drivetine Traction Control Torque Actual (N•m) (Active! Inactive 29 Not Active 20 Not Active 14 NotActfve 8 Not Active 5 Nol Active NotAct(ve -1 -5 Not Active -4 Not Active -14 NotAcUve -17 Not Active -17 Noi Active -17 Not Active -17 Not Act(ve -23 Not Active -13 Not Active -18 Not Active -19 Not Active -18 Not Active -18 Not Active -19 Not Active -19 Not Active -19 Not Active -19 Not Active -20 Not Active -22 Noi Active -21 Not Active -21 NotAclive -21 Not Active -22 Not Active -22 Not ActiJe -21 Not Active Not Active -21 -21 Not Active -21 Not Active Not Active -21 -21 Not Active -61 Not Active -91 Not Active -77 Not Active -80 Not Act(ve -383 Not Active -304 Not Active -293 Not Active -293 Not Active -294 Not Active -295 Not Active -298 Noi Active -300 Not Active -303 Not Active -304 Not Active -306 NoLActive -307 Not Active -304 Not Active -306 Not Active -308 Not Active -311 Not Active -313 Not Active -316 Not Active -319 Not Active -323 Not Active -326 Not Active Stability Control (Active/ Inactive) Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active No[ Active Not Active Not Active Not Active Not Active Nol Active Not Aclfve Not Active Not Active Not Active NotAclive Not Active NoF Actide Not Aclive Not Active Not Active NotActfve Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Nol Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Not Active Nol Active Not Active Key On Timer 63.75 Max (sec) (Seconds) 29.5 29.75 30 30.25 36.5 30.5 30.75 31 31.25 31.5 31.5 31 J5 32 32.25 32.5 32.5 32,75 33 33.25 33.5 33.5 33.75 34 34.25 34.5 34.5 34.75 35 35.25 35:5 35.75 35.75 36 36.25 36.5 36.5 37 37.25 37.25 37.5 37.75 38 38.25 38.25 38.5 38,75 39 39.25 39.25 39.5 39.75 46 A0.25 40.25 40.5 40.75 41 41.25 41.25 41.5 41.75 Printed on: Tuesday, November 30 2010 at 15:07:55 GRIJSH DATA C~ ~~ a q Hexadecimal Data Data that the vehicle manufacturer has specified for data retrieval is shown in the hexadecimal data section ofthe CDR report. The hexadecimal data section of the CDR report may contain data that is not translated by the CDR program. The control module contains additional data that is not retrievable by the CDR system. OOOti1pDC;U: 00 U 0100D0: ~'L 9C: 9D 99 a~ ~4 3° 93 36 37 92 9A 31 35 :37 39 39 E'I' E'r' E'E' GGOQ1009p: 9r~ °,1 41 /A 31 a4 ~2 2~; 9° 4=~ ~8 2A Op0010Q59: 37 ~9 39 91 SP_ 9$LO 23 DEAt)0000p: DEAOp0010: f)EAUUQ02~: U3 ~:3 ~0 7A 00 00 00 00 00 QO 00 O0 00 OQ DO 00 '78 09 2C Zh 07 U2 GP, 15 E'3 02 AE UO F8 66 00 7P 92 09 2d? 25 CB 02 C7 16 F'9 U2 AJ ao F'8 67 00 BA OE??000030: O~A000090: 30 Q9 2~ 'L"3 97 0'L 9~ 17 OE 0L 33 00 E'$ b8 UO 97 2E 09 20 26 n9 02 83 17 3P 0L o9 DO t'3 09 00 85 o~a0000so: z~ OEAp00050: O~A000070: OEA~700080: DEA000090: DEAt~000A0: OE?~OOOQBQ: O~AOOOOCU: OEAOOO011p: OE~OOOOEO: I~EAD000r'p: OEAOD0100: OEAD00110: OEA000120: OEA~0013d: OEA000190: 2E 2h: 2C 26 25 25 2a 25 :;3 38 37 2E' 09 00 ~0 oea000laa: oo UBA000160: 00 O~AQOD170: 00 OEA0001E0: DO OEa0001~0: 00 OtA00014~J: 00 4EA000IBO: 00 OEA0001C:0: 00 O~AOOi71llQ: 00 OEAOOOlEO: 00 O~;A0001E'0: 00 UEAUOD200: DU OEA000210: 00 OEA000220: 00 OEA~J00230: 00 OEAfl00L9U: OS O~e1000250: OD OBA000260: 00 OEAODO'L70: Od OE40Q0260: U~J Q~A000'L90: 00 OEA000LAO: DO oEAO0o2~o: 00 O~A0002C0: 00 UE:AOUO2D0: OU O~A0002~Q: 00 OEA000LE'0: 00 OEA000300: UO OL,c1000310: 00 OEA~)D0:320: 00 OEI~.000:i30: DO OEA000390: OU OEA000350: OtJ OEA000360: 00 09 09 09 09 09 09 09 09 09 09 09 09 09 09 09 09 Q9 Q9 Q4 09 09 09 09 09 04 0~] 09 04 09 09 09 D9 04 G4 09 09 d9 09 09 09 09 09 09 U4 09 0~] 09 07 07 07 lr' 1E' 4H' Oz 1r SE: G9 D~ 1~' 1E: CZ 02 1E lE CB D2 1B 1L 29 0L 19 1C UE' 02 19 1C 9ll 02 19 1C 37 D2 19 1L 9F' U'L 21 1C 9I~ 02 29 1F' ~5 02 29 21 92 0L L1 21 9F' 0~ 1C4 lE 5~, 02 19 1B 88 02 10 1A 30 U3 OP' 1Y> ~:9 02 OE 18 i2 Q2 0~ 17 L1 02 OU S7 89 G2 OC 17 7B U2 OB 17 ~~? 02 OA 17 1~ 0~ OL '17 52 02 09 16 UE 01 08 1v 50 U1 OS 15 UL~ 01 03 15 t:9 U1 08 15 51 01 OC 15 30 G1 03 16 9A U1 08 16 EO 01 03 1f 75 O1 DS 15 AB U1 D8 1~ ~8 01 08 15 C~ O1 O8 1~ F9 01 03 15 CC O1 O8 15 ~;u 01 OH 1$ ~9 01 09 1~ 36 U1 09 13 5~ 01 09 1° 59 U1 09 13 73 01 09 1$ 82 01 09 S8 87 U1 09 1$ 913 01 09 18 7~: C11 09 1~ 71 01 09 18 8f~ 01 2I.MDU08C87BJ15794 87 17 89 17 81 17 83 17 79 17 hA 17 b5 17 n`5 17 n7 17 57 17 Ati 17 A3 17 95 17 0'8 17 ~:i 16 95 18 3~ 1$ 29 18 21 18 18 18 14 18 OC SS OS 13 09 18 FB 18 F`6 1$ N'7 18 E'7 1$ P'6 1~ E:E 19 ~'C 19 F'S 19 E'9 19 B'~ 19 F~ 19 F9 19 F9 19 r'9 1A F~4 1A P'G lA E'0 1A F'1 1A r'1 1A r'1 11? F'0 lA F'0 1A P'1 1P F1 14 G'1 1A r'1 14 9A 0'? 6A 00 E'8 SB 02 66 UO F'3 a7 02 69 00 F$ 76 02 6~ 00 r'8 82 D2 5C 00 P8 88 02 9li 00 F8 AC b2 98 d0 E'O A6 02 9~ 00 N'8 B9 02 ~9 ~JO E'8 kE' 02 9) 00 E'~ Br' 02 82 DO ~'8 ~0 0L 84 00 B'8 E(: 02 78 DO F3 LE' 0L 9E 00 r'8 10 0L 39 0~ F'8 U7 02 2A 0~ r'$ p13 Q~ 1J C70 E'9 lA 02 1~3 OU P'3 2C 02 0~ DO 6'8 2B 02 08 00 E'S 97 02 05 QO F'3 ~B 01 r'E' DO E'$ 45 O1 F'B 00 k'8 60 01 E'C OU r'8 7C O1 E'2 00 r'3 A2 O1 ~E' 00 E'8 BO 01 EE' OU F8 !~1 O1 EL' UO FS F4 01 EF' OU 1'8 19 O1 E9 00 E'S 97 01 F'3 00 E'$ ~9 01 E,E QO E'8 81 O1 ~~ 00 E'8 99 01 EE DO r'8 EBB 01 EE 00 I'8 E1 O1 E~ 00 ~'3 F'7 01 ED 40 ~'8 19 O1 ED 00 E'3 sr' of ~J oU r'8 3C. 01 EC OU E'8 89 01 EA UO E'8 F2 01 EB ~0 F'8 GB 01 EB ()U F'$ 6r' O1 EB 00 F'3 7~ 01 ~'A 00 1'8 88 O1 ~'A 00 B'S 94 Ol E;B UO F8 92 Ol E~B 00 P'8 8C Q1 liB d0 F8 SD Q1 ~;B QO E'£3 6A 00 H9 &A 00 06 6}3 b0 q5 u'C UU EC FD 00 9il SE 00 E'E' St: 00 7k3 FiE' 00 96 70 00 GC 71 DD :iP_ 72 00 L~ 72 00 62 73 00 8U 79 00 3n 7~ OU 113 7n 00 AL 7ii 00 DA 77 00 t;2 14 00 30 79 00 77 7A 00 70 7e1 00 85 78 DO ~:~ 7C 00 99 7L~ 00 07 7F: 00 77 7~ 00 ~E 71•' 00 E~ 80 00 23 81 00 27 R~ 00 C9 82 QO 'LD 83 00 71 89 00 26 8~ 00 11 Eau 00 BL' 86 DO 7~ H7 00 83 83 00 3~ 39 DO LL 8A 00 ~9 8.~ 00 AA 8B 00 9C 8C 00 78 8U OQ 60 8E' Q~J 50 RL" 00 2D 8E' UO 99 90 00 X13 91 00 3B Page 9 of 11 Printed on: Tuesday, November 30 2010 at 15:07:55 C+saSH DATA ~' t~~:A00037D: OEA0003$U: D~:A000:390: 06A0603AQ: O~A0003B0: O~A0003C0: OEA0003ll0: O~A0003EC1: OEA0003F(7: QEA00040U: OEA000910; O~A000920: OEA000930: OEA~7009~70: OEA000950: ~JEA000960: OE4000970: DEA0009~0: OEA000990: OEA0009A0: OE:A0009B0: Ot~A0004C0: OEe10009U0: ~7EA0009~G: GEA0604r'0: OtA000700: OEA000510: ~EA000~20: O~I~000530: OEAOOp~90: DEA000550: n~:A000~~0: OEA000~70: C1~;A000530: OEA000590: OE90D051~0: OE'.A0005B0: OEAOOOSCO: DEe~000~D0: DEAOOOStD: OEA0005E'0: OtA000600: OE;A000Ci10: OEAOD06~0: pE;i'~0~063U: q~:A000690: QEA000550: O~,AOOOoo`D: OCr100067~: OEr~000u'80: ~JE~AOOOo9U: OEA0006A0: OEA0006B0: UEAOOOfiCO; OEAOOUG~O: OEA0006E0: OEA0005F0: OEA0~0700: OEA00071~: DEA000720: OEA000730: OEA000790: 0~40007~0: OEA0007n0: OEd000770: gEt100b760: OEA0007J0: OE.v0007A0: OtA0007B0: DE1~0007C0: OEA0007DU: ~~EA0007~0: t70 OZ 09 18 00 07 09 18 00 07 03 OG O1 07 03 OS O1 D7 03 02 01 Q7 03 02 08 Q7 12 Op 01 07 12 OQ 02 Q7 12 00 16 04 i2 00 09 09 12 UO 1E" 09 1'L UO 01 09.12 UO 01 09 1'L 00 Ol 09 1'L OU 01 09 12 00 O1 09 12 00 O1 09 1L ~~0 01 09 12 00 Ol U9 12 00 O1 09 12 ()G O1 04 12 00 01 09 12 00 OS 09 1L 00 O1 0~] 1c 00 01 09 1? DO 01 09 1'L DO 50 09 32 2H 9A 09 'L F' 2!1 3t~ ~J9 29 28 37 09 25 27 3r' 09 28 2n 96 04 2A 2r 97 01 LB 27 97 09 LC 23 3~ 09 29 28 ?9 09 2F~ 27 38 09 25 26 98 09 "LB L7 S9 09 s9 21 59 04 ~9 2~, 53 U9 33 LA 53 09 33 2A 9U 0~ 31 213 ~B 0A 2A' 2A 97 09 <D 2A 3EJ 09 29 2a 39 09 2a' 29 39 09 29 28 2C 09 1F 27 L7 0+} 1C' 2b Q8 04 19 25 UO U9 l0 25 OD 04 13 2~7 00 09 11 22 00 09 OF ZU 00 D4 OE 1E 00 09 11 1B DO 09 OD 1B OQ 09 OL 1B 00 09 DC 1A 00 04 O(: 15 22 09 lI3 19 39 D4 2Q 19 3B 04 23 1F 97 09 29 'L2 9E; 09L~ 29 9E 09 2F' ?6 9A 09 2E 27 9~ 04 2D 26 9B Ci9LLl 26 9I3 09LD 26 2LMDU66C878J15794 6t3 01 E'S 'lA 81~ D1 ~B 00 9I' 01 E'1 lA 65 O1 EB 00 1B O1 C9 OB 3g 01 C3 U1 1F 01 BO 03 B1 O1 A~ 01 6L~ U1 Ti6 09 89 O1 B3 01 6D 01 B9 D1 12 01 130 ~1 00 01 D'a 01 7A 00 81 01 00 01 DD 09 06 00 JO 01 00 O1 DD 06 74 Oq DB 01 00 U1 DD 06 3L UO llB U1 00 U1 ~D OS E'i: 00 llA 01 ~)0 Q1 ~U QS AE; 00 J9 U1 00 01 DU 0~ 21 00 L~6 U1 OU U1 1JF~ 09 FU 00 ll9 U1 OU U1 ll~ 09 C1 OU lll 01 UO O1 ll~ 09 B2 00 ll0 O1 00 U1 ~il 09 G3 00 C~: 01 OD 01 DD 09 27 OD CD 01 00 01 D~ U3 ~ 00 ~0 U1 OD O1 DD 03 9n 00 CE O1 QO 01 DD 03 90 00 CC U1 Q4 01 » 02 E~ 00 r~9 D1 OQ ~J1 DU 02 t30 00 C7 01 OU 01 llD 02 57 d0 C9 U1 00 Q1 ~I~ 02 D7 Dt7 L1 D1 UO 01 il~ 01 BB 00 B~ OS 00 01 D!J 01 69 00 BA O1 88 02 DJ 1? Eq 03 39 00 37 02 ~~] 13 ~;D 03 2n OD t.A U2 B8 13 Fl 02 F'9 00 ~C U2 AO 13 UD OZ i:E' UO an 02 98 13 F:F 02 CZ DO ~b 02 B7 13 L2 02 EC: 00 17 U2 L1 13 DU 02 F'B 00 69 02 BP 13 Lk' 02 r'E~ Oi] i~ 02 B6 13 EB DL 1'2 00 L7 02 A9 13 ~~. 02 DS 00 99 U2 9E 13 E'3 02 C2 00 50 0L B7 19 07 0'L E~ 0~ D8 OZ DB 14 76 Q3 28 f?U NA OL E9 14 OH' 03 3h' 00 r'~' 0`L EL 19 ±8 03 3C OU E~ 02 EO 1~ 73 03 36 DO 2C 0`L DC 1~7 A~ 03 2E 00 A3 02 CE 19 CA 03 17 Old 6E 02 C~ 15 GI' 03 09 q0 U1 0~ B5 15 29 02 EA 00 06 02 9!J la 55 02 C9 00 9C Q2 SE 1~ 7}~ 02 AF' Old n9 02 73 S5 8A 02 SA DU 13 02 "0 n 15 92 OZ 7U OU ~'0 02 94 1~+ 97 0L al DO A7 ~~2 37 1~ 9L 02 :i6 DO 139 (12 1C 15 91 02 11 DO F'3 U2 10 13 °U 02 01 UO BU U2 U8 18 99 O1 F9 00 18 02 OS 15 8~ 01 E'7 00 78 U"L 00 15 'i0 01 1'4 00 DA 02 OB l~ 8C 01 r'E UO 72 02 0~ 1~ 34 Ol r'8 00 40 D2 01 15 89 01 F5 O~J AC U2 Ob 15 82 O1 F'9 00 93 Q2 l~ la 75 02 05 00 L•'C (72 8B 15 8F 02 6u 00 6E 02 98 1~ °2 02 7r 00 CH 02 A~ 15 C~' b2 ~5 DO C3 02 r.':2 1~ liJ 02 PB 00 C° U2 DS 16 00 t~2 C1 0~ 3t' 0'L b1 16 ~F' 0L I3~, 0~7 32 02 CU 16 99 0L B'o ~0 00 02 C~ 16 71 U2 B6 DO 8U 02 (:N 16 9B 02 B5 O~J E'° r'8 F'C r'C FC E'C E'C F'(; f'C r'C P'C E'C ~'(: FC LC E'C: E'C !'L EC FC E'C ~C FC F'c: E'C r'(: Y'C N'8 E'8 1'8 Fs3 t'8 G'8 F3 ~'g H'8 r'8 E8 F8 @'8 E'~3 I'& t'8 E'$ E'8 E'3 E'$ A'8 N8 E'3 E'8 F8 1'8 F'~3 A's3 r'8 P'8 1'8 r'8 h'8 F'9 ~8 F'8 F'8 F8 E'8 P'8 P'8 k`8 F8 N'~ F'$ 92 00 St; 92 OD A2 99 QO 72 95 00 39 95 00 OC 90' 00 75 97 00 73 9~3 00 99 99 00 1L 99 UO 9ll 9!1 00 96 9B UO C9 9C DO 76 9U 00 9C 9~ 00 DB yE 00 ~A 9E' d0 3A AO 00 7n' Al 00 BE Al 00 06 A2 00 ~7 A3 00 H2 A9 00 A'1 A5 00 ~C AS 00 9r' A6 00 E;E' A7 00 98 42 00 75 92 00 E9 93 00 7E' 99 UO 3E 45 DO 7C 4n 00 36 46 DO SE q7 00 17 98 00 09 9y 00 10 9A 00 9A 9A 00 011 9t3 ~~0 99 4C 00 C1 9U 00 99 9E 00 7r 4t 00 10 9k' 00 Ab SO 06 B6 ~1 00 72 ~2 DO 50 52 00 B5 53 00 38 59 00 B9 55 00 2B ~G 00 Aka 56 00 EC S7 00 ~0 ~8 00 OE; 59 00 CS 5A DO 7P_ SA 00 fiB X13 00 77 SC 00 AB SD 06 41 ~E 00 15 SE! OD B3 5E' ~0 06 r,0 00 1F n1 00 E'L u2 00 87 nL 00 f'D 6i 00 GC u4 UO 8E1 6~ 04 3A Page 10 of 11 Pr(nted on; Tuesday, November 30 2010 a[ 15:07:55 ~ CRA3H DATR (+t~31 t7~:A0007FG: Cr~ ~°~~ a T ~~ 9~ U4 2C 26 6L U2 CU S~ C4 02 t39 00 E'8 Sfi 00 :37 Disclaimer of Liability The users of the CDR product and rev(ewers of the CDR repoPts and exported tlata shall ensure that data and information supplied is applicable to the vehicle, vehicle's systems} and the vehicle ECU. Robert Bosch LLC and all its directors, officers, employees and members shall not be Ilable for damages arising out of or related to incorrect, fncomptete or misinterpreted software and/or data, Robert Bosch LLC expressly excludes all Ifabftity for incidental, consequential, special or punil(ve damages arising from or related to the CDR data, CDR soRware or use Thereof. 2LMDU68C87BJ15734 Page 11 of 11 Printed on: Tuesday, November 30 2010 at 15:07:55 S4 Tandem Tandem ~J Q ~t5 ,4aclg A%PL' Crash ~6 o ges _. a no 7im~e: ! ~~ I ,rill'+ ~] ~ R Total A L p D r~~one .~i~ 17 2q l ~ ,~'r' ~ ~~c~} ~o ~~~ ~~ I T7 1 ~1 Tobl ~ v Commodity: r~ ~atations u Gross ❑ Bridge i.t [rR Erldge n !rR Bridge Tandem o Tandem u Total ~ ~ Tohe[ ~~.Ia I..,..~ F.....4 r.. R.~r ~ !4 "1Che Commonwealth of Nl~ssachuset~~ ITepartmeni efStzte Po}ice ~Certific2tioa oC'~leight -- Date: ~ LL. ~1.1 ~+ Puce' Regisirationtsj E (state: —~~] z~ Citation i+lumbcr(s}:~ ~~. Carrier's Name: _._., _ L -1J ~ p f'd{?~ +`9tal ~ L R 7om1 Totals ~t 3 ~Y2 ~i3 k4 #S R6 Gro— x ~ --~ O'~ -T day ci ~.1~ J'ca-- v7 The Cammonv+eatth cf Nlassachusetu Caunly. ~ b t~.L~ ~ ~~'r~~ ~}~j ~y~ / Signad un4ar the penalties of Pe7'~"Y th~ ~~"~'_ n h ~ rr ~ ho-reby s~~ear that t hao~e treon apya[nfeC as aswam ~~eighar tender section S7A of Ct~ap7ar 4'i ar~d nos present a[i~ Yreighing of vetticle daser~DeJ in Utis certfi:a[e. ~~cers sigrenLe a 1rJ~''~ ~!Z se axe ~c:ri_d;-?~ti u Date: _~ __ _ ' T< #b ~~.~..~ oo .IS YIOC F/~1M F.nn4in Q>nr L Total LR -_ 1~~ Crash #6 --_ AUnvretf y4r,e :aY.1B oyes ono _ Place= ~~ ~~ ~71l~ Tune: ~ ~~r~~,/~ 1~~~8e~ ~~'O~~t~~ ~74~ 3'M1e Comuxoni►raIth uC'.~41a.~:ctwsetls Department of State Police CertiFcaGoo oP Wa~ht ~Y-~ ~ Regrsvdtion~[s)& (state): C'rtaAiaR Numbers): __ Carriers Name: _.._~ ttl R Totat L A3FTf~ R A~~a[ ,4~tual R to #4 ~ 1~~_ r DOT k: __ `R Toga[ ~-. L F fa Taffi7 Axle t Ax1A Total Distance Distance Tots{ LB.F Tandem Far~dem U Commodiiy~ ~ ~o[a'aone u Gross o Bri@ge +nt8ri~ge Lt t-t InS Bridge p Tanden u ~ Tarwem ❑ ~xEe p Axle $_~'_ Totats #1 ~ ~ ~¢ k5 ~fi dross Wei h ~X~~~~X —~~— ~.1~v ~cs~- ry a''~ ~~ v JiJl~n 1+J~'YY 1 _'~{ ~ Z~~ 'fhe Commormealih of ~Aassachusetts County~~! C~}1t..~~ ~i ✓ 1 / / i Signee under the 1R~~6as oS Pe~ry' n~a ~ ~ da} al ~i'~i~lt 2l7 ~ r [her~etr}~sLgar that 7 hairo been appoiMAd as a sn~om vreigher vndc+rsec'6on 87A of Ch:3ptar4? dnd eras present a1 ilia u~o:ahing e~ vehiUe descrbed'er ~t~is cerr5hcate. r Q191oersS~na~r L-IC~R sv 2h~a ~, nl a-~r~ in INVESTIGATION l.) On Sunday November 28, 2010 at approximately 0236 hours Sgt. Fallavollita, Officer Richard Cowden, Officer Allan Gemme, and Officer George Kelly were called to reconstruct a motor vehicle crash with serious personal injuries. The request was made by Lt. James Moore and also at the scene was Sergeant Daniel Dowd who was the Southeast Sector Sergeant. The crash scene was located at 119 Hamilton Street at the intersection of Puritan Avenue. The accident involved two motor vehicles with one occupant in each vehicle. The scene was secured by police officers from the Operations Division under the direction of Sgt. Daniel Dowd. Crime Scene Unit Lt. Grady responded to photograph the crash scene. 2.) The Worcester Fire Department Engine 7, Ladder 1, the Rescue Squad and Car 3 Deputy Chief Callery responded to the accident scene. The University of Massachusetts Paramedic Unit# 4 Greg Pianka and Paul Gomes responded to the scene and Paramedic Unit # 3 Keith Ventimiglia and Brian Urato also responded. 3.) The investigation has revealed that the operator of motor vehicle One was Thomas ,License Number _ B. Duffy o license, Class D,Type L driver's Massachusetts Active 581917937. Mr. Duffy has an with an expiration date of 05/14/2012. Mr. Duffy sustained minor injury to his chin (abrasion) which was treated at the scene by Paramedic Unit #3 Brian Urato. He had no other injuries and did not require further medical attention. -- 4.) Motor vehicle one is owned by Thomas B. Duffy. The motor vehicle is a white 2007 Lincoln MKX Utility Vehicle Massachusetts Registration VTEX16, VII~T 2LNIDU88C67BJ15794. It is insured by Commerce Insurance Company. The motor vehicle sustained heavy front end damage and was towed from the accident scene by ~----fiat's T-owing--5.) Thomas Duffy remained at the accident scene for approximately one hour during which time he was interviewed by Operations Lieutenant James Moore and Sergeant Daniel Dowd. He stated he was traveling home having just purchased a take out order of food at a neighborhood pizza parlor He was driving east on Hamilton Street and upon approaching the intersection with Puritan Avenue a second vehicle abruptly entered his lane oftravel resulting in an immediate impact. After extracting himself via the passenger side door he went directly to check on the condition ofthe other operator. 6.) The investigation has revealed that the o erator of motor vehicle two was Kailee Her date of birth is M.Higgins o ~(20years old), License Number 531173548. Kailee Higgins has an Active Massachusetts driver's license, Class D,Type L with an expiration date of 09/03/2013. 7.) Motor vehicle two is owned by Kailee M. Higgins. The motor vehicle is a blue 2005 Cadillac CTS sedan, Massachusetts Registration 268BZ5, VIN 1G6DP567750134447. It is insured by Commerce Insurance Company. The motor t vehicle sustained heavy left side and front end damage and was towed from the acciden scene by Pat's Towing. 8.) Ms. Kailee Higgins sustained severe face and head trauma and was transported by listed EMS Paramedic Unit# 4 Greg Pianka and Paul Gomes as a priority one. She was . At in critical condition at the University Of Massachusetts Hospital North Lake Avenue her about the hospital this undersigned Sergeant spoke with the supervising nurse the fact that condition and asked if a next of kin was notified about her accident. Due to ready to getting and the immediate family was speaking with the attending physician, the bring her up to the operating room this Sergeant left his name and division with message phone A ience. conven supervising nurse so the family could contact him at their phone was left by the undersigned for Kailee Higgins mother, Karen Higgins. The sor number was given by the nursing supervisor the morning of the crash. The supervi was on s' conditi .Miss Higgin stated it was the same number as Kailee's(~ y monitored on a daily basis through the U-Mass Police Department. On Tuesda the with family November 30th Information about the accident was also left for the to the intensive undersigned name and contact number in an envelope to be delivered up ation was care room of Miss Higgins' by the U-Mass,~?:,ol~c~Depaz~ment. This inform o~txi„a~~fa~ptly-me~~~rt~'-'~~a'~`December 2nd, Karen left after not he accident. Higgins called the ~raffic Division and spoke to me regarding her daughter's ed by contact She was upset about reading about the accident in the paper and not being taken to reach the Worcester Police. The undersigned tried to explain the steps that were out to her but she became very argumentative. sity of 9.) On December 10, 2010, Kailee M.Higgins was discharged from Univer gh her status Massachusetts Hospital to a rehabilitation facility in the Boston area. Althou has been upgraded she still has a long road to recovery. __ crash. On 10.) The night ofthe accident there were no witnesses that saw the actual who ses December 2, 2010 a canvass of the accident scene resulted in several witnes nts are heard the crash and made observations during the aftermath. Their stateme attached to this report. t of an 11.) On November 30,2010 and December 2,2010 an affidavit in suppor d for blood and application for a search warrant was filed and a search warrant was grante l records indicated medical records of Kailee M.Higgins. The results from the medica husetts Crime that Kailee M. Higgins' blood alcohol level was 190 mg/dL The Massac reading confirm Lab analyzed her blood alcohol level and the results were a 0.155 Both ts is a .08 BAC. a .15 blood alcohol level. The le al1~-he;``assachuset fi~~ i"f~~t of blood under G.L. Chapter u ~ "" Attached to this repo 90 Section?~4~(1)(~(2). -- 12.) The medical records and the blood sent to the Massachusetts State Police Crime Lab in Sudbury, MA indicated the presence of drugs in Kailee Higgins' system. The toxicology report confirmed the medical records from the hospital that her blood was positive for both Cannabinoid Screen and Cocaine Metabolite Screen. The presents of these drugs in her blood indicate that she had used these drugs within the last twenty-four hours. Attached to this report is the Toxicology Report from the Massachusetts State Police Crime Lab in Sudbury, MA.(Laboratory Number: 10-16682). 13.) On Sunday November 28,2010 Sgt. Fallavollita went to Centerfold's Worcester located at 229 SW Cutoff(Rt. 20) Worcester, Ma. The manager,Bob McCabe, stated that Kailee M. Higgins worked there as a dancer and her shift was 10:00 pm to 02:00 am into Sunday November 28, 2010. Mr. McCabe stated she left work about 02:15 am. Miss Higgins started working at Centerfold's on November 20th 2010 according to her employment record. On her Centerfolds application for employment Kailee Higgins listed her age as twenty-one and not twenty years old which is her correct age. 14.) When the medical records indicated alcohol and drugs in Miss Higgins' system, a follow up investigation at Centerfold's was conducted. On Friday December 3rd 2010, Officer George Kelly and Officer Robert Belsito from Licensing and the undersigned spoke to manager Bob McCabe and asked if we could look at any video recordings of the last night Kailee Higgins worked. He stated that the cameras were not working and he did not know if there were any other cameras working in Centerfold's as he is not the owner. Several workers were interviewed and they all stated that they did not see Kailee have anything alcohol to drink but it was busy and there are rooms where they would not be able to observe her. They also stated that they did not know much about Kailee because she had just started working at Centerfold's. It was brought to our attention that Centerfold's has a private room for patrons and dancers and alcohol is consumed in these private areas. It is unknown if this area is monitored by cameras or management. With a blood alcohol level of.15 it is apparent that Miss Higgins had consumed several alcoholic beverages while working her shift at Centerfold's. Lt. James Johnson from the Worcester Police Licensing Division was notified about her blood alcohol level and the possible use of narcotics at this establishment. His investigation is still ongoing and ~s atements are attachedtothis report. 15.) An affidavit for a search warrant on a black Verizon LG Mobile Cell Phone was submitted and issued on December 9, 2010. The data for the cell phone was retrieved by State Trooper Brendan Finn from the Digital Evidence &Multimedia Section on December 10, 2010. The data revealed included the following; SMS Messages(218) 14 pages, Call Log(90 outgoing, 90 incoming, 90 missed), S/N : 911KPRW2541774, Contacts: 79 Entries, 81 Phone Numbers,Images and Videos(27 Images, 5 Videos). Trooper Finn copied all this information onto an evidence Disc,(LIMS # 10-17022). INSPECTIONS 16.) Officer Gemme's report was as follows: 17.) On Sunday November 28, 2010 Police OfficeY Alan Gemme conducted a vehicle inspection on the 2007 white Lincoln MKXSUV that was involved in a two vehicle side impact crash on Sunday November 28, 2010 occurYing at the intersection ofHamilton St. and PuYitan Av. The VIN# ofthe Lincoln was 2LMDU88C67BJ15794 which matched the Massachusetts registration of VTEX16, expiring on 06/30/2011.The mzleage at the time ofthe crash was 39,995. The vehicle windshield did not have an inspection sticker. A check thf•ough the registration inquiry indicated that the vehicle has not been inspected since being registered on November 13, 2009. A check ofthe vehicle.'s lighting system indicated that the headlamps were on at the time of impact(Visual examination ofthe bulb did show hot shock to the bulbfilament) and all other lighting was tested andfunctional. Du~°ing the vehicle inspection the vehicle's ignition switch was cycled on and offseveral times during the inspection process befofe the ECM(engine control module) and the ACM(air-bag contYOl module) wee°e removedfrom the vehicle. 18.) A visual inspection ofthe outer shell ofthe vehicle showed Extensive damage to the windshield and completefi°ont and leftfront side ofthe vehicle. The driver side air bag did deploy at impact, the passengerfront air bag and the left and ~•ight side air bags did not deploy. The vehicles exte~°ior body appeared to have been in excellentpre- crash condition. The vehicle is 186.S inch's in length the over°all width is 75.8 inches, the overall height is 67.S inch's the wheel base is 111.2 inch's and thefront wheel track is 65.1 inch's and the rear wheel track is 64.9 inch's, and cuYb to curb turning circle is 38.6feet, the vehicle has curb weight of4,420 Zbs. 19.) Tires; Allfour ti~•es wee°e ofthe same make and model, the brand name was CONTINENTAL CROSS CONTACTLX, tine size P245/60R I8 — 104-T. With a "standard Zoad" rating with a maximum air p~°ensure ofSI psi at 2450 lbs load weightper fire DOT approved. The leftfront fire had 0psi ofair pressure and a tread depth of3/32"with even tread wear across the of°e. The rightfront fire had 30psi ofair pressure and a tread depth of3/32"with even tread wear across the tire. The left rear fire had 26psi ofair p~•essu~°e and a tread depth of 7/32"with even tread wear across the tire. The right rear fire had 28psi ofair pressure and a tread depth of9/32" with even head wear act~oss the tire. ~ 20.~Also on Sun ay ovem er 28,-2070~'~ace O~acer Alan emme conducted a veh~e inspection on the 2005 Blue Cadillac CTS 4 door sedan that was involved in a two vehicle side impact crash on Sunday November 28, 201D occurring at the intersection ofHamilton St and Puf°itan Av. The VIN# ofthe Cadillac was 1G6DP567750134447 which matched the Massachusetts registration of268BZ5, expiring on OS/31/2011.The mileage at the time ofthe c~°ash was 71,607 miles. The vehicle inspection sticker was a cu~•f•ent 2010 sticker issued on October 26, 2010, and expires on the Zast day ofOctober 2011. The stickeN # 113662083 matched the registration inquiry. A check ofthe vehicle's lighting system indicated that the head Zamp switch was on the parking lightposition. Fug°then investigation indicated that the vehicle's low beams were on at the time ofimpact due to thefilament having hot shock. The positioning of the light switch on the left side ofthe steering Colum and the crash impact being located on the left side along with emergency personnel attempting to aid the driver through that side ofthe vehicle could easily have caused the selector to movefi°om the headlamp position to the parking Zamp position inadvertently. A check ofthe tug°n signal, tail light and stop lights indicated that they werefunctioning at the time ofthe crash. During the vehicle inspection the vehicle's ignition switch was cycled on and offtwice during the inspection process before the ECM (engine control module) and the ACM(air-bag cont~°ol module) were removedfrom the vehicle. 21.)A visual inspection ofthe outer shell ofthe vehicle showed Extensive catastrophic damage to the windshield and complete left side ofthe vehicle. The vehicle's exterior body appeared to have been in excellentpYe- crash condition. The vehicle is191.34 inch's in length the overall width is 70.47 inch's, the overall height is 56.69 inch's the wheel base is 113.78 inch's and thefront wheel track is 60.3 inch's and the rear wheel hack is 60.0 inch's. The vehicle has curb weight of3,843 lbs. And has a curb to curb turning circle of35.Sfeet. 22.) TIRES; three ofthefou~~ tires(LF, RF, LR)wet-e ofthe same make and model, the bf~and name was KUMHO ECSTA ASX directional rotation, tine size P225/SO-R17 — 94W. With a "standard load" rating with a maximum air pressure ofSI psi at 1470 lbs load weightper fire DOT approved. The leftfront fire had 26psi ofair pressure and a tread depth of7/32" with even tread wear across the tif•e. The rightfront fire had 26psi ofair pressure and a tread depth of 7/32"with even tread wear across the tzre. The left rear fire had 26psi ofair pressure and a tread depth of5/32"with even tread wear across the tire. The right rear fire was aFIRESTONE- FIREHAWK GT, the tip°e size was 225-SO R 1794 V and had 30psi ofair pressure and a tread depth of7/32" with even tread wear across the tire. The fact that allfour tip°es had even fire wear acf-oss the supface is consistent with proper wheel alignment. 23.)BRAKES: The vehicle is equipped with elects°onic brake distf°ibutionfour wheel ABS power assistfront and rear ventilated disc b~~akes with electronic traction control via the ABS and engine management system. 24.) The left and rightfront brake pads showed ample pad lining remaining on both inner and outer pads. The even wear on the pads is consistent with a brake caliperfunctioning properly. The brake rotor had signs ofnormal wear and had no visible heat cracks and nofluid leakage. 25.) The left and eight rear brake pads showed ample pad lining remaining on both inner and outer.Theeven wear on thus is consistent with a brake caliperfunctioning properly. The right ~°ear pads were wofn down more than the left side this is common with the traction cont~°ol system that uses the ABS b~°aking module to control the traction system. The brake rotor had signs ofnormal wear and had no visible heat c~°acks and nofluid leakage. 26.)SUSPENSION; the Front end and suspension were inspected. The vehicle is equipped with hydraulic power assist rack and pinion steering. Thefront suspension is an independent lower wish bone suspension with stabilizeY bar and coil springs. All steering components wee°e intact and in properlyfunctioning order. There were no visible signs ofleakagefrom the shock absorbers. The rear suspension on the vehicle is a multi- link ~°ear independent rear suspension with stabilizer bar and coil spring. After a visual and mechanical inspection ofthe vehicle, the over all condition appears to be in above average condition. In conclusion, this Officer believes the condition ofthis vehicle was not a contf~ibutingfactor ifa the c~~ash. 27.)The ECM (engine control module) and the ACM (air-bag control module) were removed from both the vehicles and secured at the Worcester Police Traffic Division until a Search Warrant(1062SW0694)was obtained on November 30 2010. 28.) The recorded crash events from the 2007 white Lincoln MKX SW were retrieved and resulted in eleven(11)pages of information. A summary from the crash data retrieval indicates that Thomas Duffy was travelling at 48.1 MPH 7.4 seconds prior to impact. His vehicle had accelerated to 52.8 MPH at impact. The increase in speed was due to the contour of the roadway. He was travelling down a steep grade and the ECM indicated that there was 0% throttle being applied. The grade on Hamilton Street from Fairmont Avenue down to Puritan Avenue is 7.3%. 29.) The 2005 Blue Cadillac CTS 4 door sedan crash data retrieval recorded two types of events, anon-deployment of an air bags)and a deployment of an air bag (s). Eight(8) pages of information were downloaded from the engine control module. A summary from the crash data retrieval indicates that the ignition cycle at deployment was 13815. The driver's belt switch circuit status was unbuckled indicating Miss Higgins was not wearing a seat belt. Five seconds before the crash the following information was retrieved; -5 seconds the vehicle speed(mph)was 0, the engine speed (rpm) was 640 with 0 percent throttle and the brake switch was on. At -4 seconds the vehicle speed(mph)0, the engine speed(rpm) was 576 with 27 percent throttle and the brake switch was off. At -3 seconds the vehicle speed(mph)was 3,the engine speed(rpm) was 1856 with 20 percent throttle and the brake switch was off. At -2 seconds the vehicle speed (mph)was 8, the engine speed(rpm) was 1984 with 20 percent throttle and the brake switch was off. At -1 second the vehicle speed(mph) was 14, the engine speed(rpm) was 2880 with 29 percent throttle and the brake switch was off. The data indicates that Miss Higgins stopped five seconds prior to impact. 30.) After the information from the modules was obtained, a meeting was set up with State Police Offices John Jakubo~ski: On December 7, 2010'trooper Jakubo~~ki,-Off-~cer~~-se~ni~e, McQueen and myselfreviewed the crash data information. Evidence from the roadway that was recorded the night ofthe crash, plus the information from the inspection of the vehicles we were able to apply that the conservation oflinear momentum to determine the speeds of the vehicles at impact. The law of conservation of momentum states: "For any collision, the vector sum ofthe momentums of the colliding bodies after collision is equal to the vector sum of their momentums before collision. The speeds of the vehicles were corroborated by the crash data recorder. ROADWAY 31.) Hamilton Street and Puritan Avenue are both public ways within the City of Worcester. They are owned and maintained by the City and both roads are located in a Thickly settled area. The road surfaces are bituminous concrete, they were dry with no defects noted. The vehicular traffic at the time of the crash was very light. The roads intersect at #119 Hamilton Street and Hamilton Street runs east and west with the right of way. Puritan Avenue runs only north because of its one way status. The intersection is not controlled by stop signs. Hamilton Street is a four lane roadway that is divided by a double solid yellow line. Both eastbound and westbound lanes are divided by white dash lines. Hamilton Street becomes divided by a positive median island approximately 300 ft. beyond the crash scene. The westbound lane is 36.1 feet wide and the eastbound lane is 36.8 feet wide. The width of the westbound lane where the crash occurred is 11.5 ft wide. Puritan Avenue is 23.9 feet wide where it intersects Hamilton Street. There are three light poles in the immediate area ofthe crash. Pole #16(25 Lumens)is located in the eastbound lane just prior to the crash scene. Pole #17(25 Lumens)is located directly across from Puritan Avenue in the westbound lane. The 25 Lumens lights are considered very good lighting by National Grid. Pole#18(10 Lumens)is located in the eastbound lane just beyond the crash scene and is considered good lighting by National Grid.(See crash diagram for pole distances) There were no physical obstructions while we were conducting our roadway inspection. The coefficient offriction for the roadway at the time ofthe crash was .70. 32.) On 12/05/2010 the Accident Reconstruction Unit along with CSU obtained two vehicles that were similar to the vehicles involved in the crash. Both vehicles were the same year make and model. The Lincoln was the same color while the Cadillac was black not blue like the vehicle involved in the crash. The roadway was marked out in one second increments. Each second was marked with paint and an orange safety cone. Both vehicles were backed up according to the information obtained from the crash engine control"module(ECIvn. The information obtained was translated by Massachusetts State Trooper Jakabowski. The tests were videoed and photographed by Sgt. Eric Boss and Patrolman Robert Chabot. The Officers that conducted the tests were Captain John Harrington, Sgt John Fallavollita, And Officers Alan Gemme and Thomas Feraco. The Photos and video are on file at the Worcester Police Dept C.S.U. WEATHER 33.) At the time of the crash the weather was clear and the temperature was approximately 24 degrees, with winds out ofthe West Northwest at 9 to 10 mph. INVESTIGATION 34.) The investigation has revealed that Kailee M. Higgins was operating a 2005 Blue Cadillac CTS 4 door sedan north on Puritan Avenue. Miss Higgins who was 20 years old was operating her motor vehicle under the influence of alcohol and consumed drugs (Cocaine and Marijuana) within 24 hours before the crash. This operation endangered the lives and safety of the public and her. She was working as a dancer at Centerfold's between 10:00 pm and 02:00 am. At approximately 02:15 am she left Centerfold's on her way to 1 Dartmouth Street. The route she was taking put her on Puritan Avenue and just prior to the accident a search warrant on her cell phone indicated that she had texted a friend @ 02:30:57 on 11-28-2010 about how intoxicated she was. The text stated "hehe maaadd drunk lol" it was sent to Ty 35.) The Worcester Police Department received the call for the accident at 0236 hours less than five minutes after she had texted her friend. Although Miss Higgins stopped at the intersection ofPuritan Avenue and Hamilton Street, she did not remain stopped until the intersection was clear to enter. City Ordinance Chapter 13 Section 18, states the operator of any vehicle before starting, stopping, turning from a direct line, or backing shall first see that such movement can be made in safety. Attached is a certified copy of this City Ordinance. Her site distance was 406.1 feet. 36.) Thomas Duffy was operating east on Hamilton Street. He was operating his motor vehicle at 52 MPH. The speed limit is not posted, but the presumptive speed is 30 mph. Thomas Duffy's first possible point of perception was approximately 406 feet west ofthe point ofimpact. No actual point of perception could be determined due to the fact that Thomas Duffy stated he never saw the Cadillac operated by Kailee Higgins until impact. Thomas Duffy's ability to observe Kailee Higgins vehicle may have been diminished due to several factors; a.) The Cadillac remained stationary for approximately 3 seconds at the intersection ofPuritan Avenue where it intersects Hamilton Street. He was unable to see her head lights because they were illuminating the roadway perpendicular to Mr. Duffy's vehicle. b.) This area is very well lit by(3) aluminum light poles in close proximity to the intersection, which produce 10 and 251umens, diminishing a vehicles equipment to be recognizable after dark. c.) The Cadillac's headlights were focused northerly which was perpendicular to the approaching Lincoln. These three factors may have not made the Cadillac's presence recognizable to the approaching Lincoln. The ECM (engine control module) evidence reveals that Ms. Higgins started to accelerate three seconds prior to impact. That puts Mr. Duffy 231.47 ft away from impact. Nighttime reaction time studies have revealed that it could take an operator of a motor vehicle anywhere from 2.5 seconds to 10 seconds to react to a he collisi-onbecause t~i~re wasn't of possib7~iaz~:~Vlr:~f was unableavoid~ enough time to react. Ms. Higgins who was able to perceive Mr. Duffy's vehicle for at least 5 seconds used poor judgment when attempting to pull into Mr. Duffy's right of way. Regarding her driving ability, the effects of alcohol severely impaired her judgment and perception. 37.) Ms. Higgins and Mr. Duffy, through their attorneys, declined the opportunity to provide recorded interviews to investigators. Mr. Duffy did make statements at the scene to Lt. James Moore and Sgt. Daniel Dowd and did provide a written statement on his accident report. Ms. Higgins has given no statement. Both similarly declined the opportunity to provide any additional evidence for investigators to consider. No eyewitnesses to the collision have been discovered or have made themselves known. 38.) Nevertheless, an analysis of the available evidence, confirmed by an independent this State Police reconstruction of the event, has revealed that the proximate causes of collision and ensuing injuries were Ms. Higgins's failure to perceive an oncoming vehicle while entering an intersection and her subsequent encroachment into the right of way of that oncoming vehicle while in a highly intoxicated state. Sgt. John Fallavollita Traffic Division • 1~: - r-a-~n--o~ Gene ~.._--_ 3SEC (51.9 MPH) 2_ 2SEC(52.8 MPH) • i : ==-~ .77.9 HAMILTON ST ' , : ~~,~ ~'`~, ~'~. 1 SEC(53,2 MPH) INITIAL BRAKING (62.4 FTj`••~ I~~ ~ ~ v ~~.~:. "_.-.-.---_.1~---89.2-~~ r 3 SEC ) .:.,: `_., 4 -5 SECS 0 MPH 2SEC(8MPH) ~~" 1 SEC(14 MPH /~ ~, PURITAIN AVE o o ra s ALL POLICE PHOTOGRAGHS ~N FILE WITH CI~~VIE SCENE UNIT uu~si.~.",.~. iv',` ro ~,~ r';U{'~ti,,iiira,y ~.~~,.'Fj 5'i '!al`s. d 5~~1 k. °j~ ~iti~a; ~l~: t,F`~L`. ,~.; ~~` .. atr, ;;, ~ ., e Ice ns e -c ion • • ~. [- c q .~ Y' ~1 ~p~•''' Y L'111~~ 11~1►7rL' ~~l`l V~1 On Sunday November 28, 2010 Police Officer Alan Gemme conducted a vehicle inspection on the 2005 Blue Cadillac CTS 4 door sedan that was involved in a two vehicle side impact crash on Sunday November 28, 2010 occurring at the intersection of Hamilton St and Puritan Av. The VII~1# of the Cadillac was 1G6DP567750134447 which matched the Massachusetts registration of 268BZ5, expiring on 05/31/201 l.The mileage at the time of the crash was 71,607 miles. The vehicle inspection sticker was a current 2010 sticker issued on October 26, 2010, and expires on the last day of October 2011. The sticker # 113662083 matched the registration inquiry. A check ofthe vehicle's lighting system indicated that the head lamp switch was on the parking light position. Further investigation indicated that the ve]iicles low beams were on at the time of impact due to the filament having hot shock. The positioning of the light switch on the left side of the'steering Colum and the crash impact being located on the left side along with emergency personnel attempting to aid the driver through that side of the vehicle could easily caused the selector to move from the headlamp position to the parking lamp position inadvertently. A check of the tun signal, tail light and stop lights indicated that they were functioning at the time of the crash. A visual inspection ofthe outer shell of the vehicle showed Extensive catastrophic damage to the windshield and complete left side ofthe vehicle. The vehicles exterior body appeared to have been in excellent pre- crash condition. The vehicle is191.34 inch's in length the overall width is 70.47 inch's, the overall height is 56.69 inch's the wheel base is 113.78 inch's and the front wheel track is 60.3 inch's and the rear wheel track is 60.0 inch's. The vehicle has curb weight of 3,843 lbs. And has a curb to curb tctrning circle of 35.5 feet. TIRES; three of the four tires(LF,RF,LR)were of the same make and model, the brand name was KUNgiO ECSTA ASX directional rotation, fire size P225/50-R17 — 94W. With a "standard load" rating with a m~imum air pressure of 51 psi at 14701bs load weight per fire DOT approved. The left front fire had 26 psi of air pressure and a thread depth of 7/32" with even tread wear across the tire. The right front fire had 26 psi of air pressure and a,thread depth of 7/32" with even tread wear across the tire. The left rear fire had 26 psi of air pressure and a tread depth of 5/32" with even tread wear across the tire. The right rear tire.was a FIRESTONE- FIREHAWK GT,the fire size was 225-50 R 17 94 V and had 30 psi of air pressure and a tread depth of 7/32" with even tread wear across the tire. The fact that all four tires had even fire wear across the surface is consistent with groper wheel alignment. .BR.AI~ES: The vehicle is equipped with electronic brake disfribu~ion four wheel ABS power assist front and fear vzntilated disc brakes with electronic traction control via the ABS and engine management system. The left and right front brake pads showed amble pad lining remaining on both iruier and outer pads.. The even wear on the pads is consistent with a brake caliper functioning properly. The brake rotor had signs of normal wear and had no visible heat cracks and no fluid leakage. The left and right rear brake pads showed amble pad lining remaining on both inner and outer pads. The even wear on the pads is consistent with a brake caliper functioning properly. The right rear pads were worn down more than the left side this is common with the traction control system that uses the ABS braking module to control the traction system. The brake rotor had signs ofnormal wear and had no visible heat cracks and no fluid leakage. SUSPENSION; the Front end and suspension was inspected. The vehicle is equipped with hydraulic power assist rack and pinion steering. Tke front suspension is an independent lower wish bone suspension with stabilizer bar and coil springs. All steering components were intact and in properly fixnctioning order. There were no visible signs of leakage from the shock absorbers. The rear suspension on the vehicle is a multi- Link rear independent rear suspension with stabilizer bar and coil spring. After a visual and mechanical inspection of the vehicle, the over all condition appears to be in above average condition. In conclusion, this Officer believes the condition of this vehicle was not a contributing factor in the crash. Traffic Reconstruction Unit VEHICLE INSPECTION REPORT On Sunday November 28, 2010 Police Officer Alan Gemme conducted a vehicle inspection on the 2007 white Lincoln MKX SW that was involved in a two vehicle side impact crash on Sunday November 28,2010 occurriizg at the intersection of Hamilton St. and Puritan Av. The VIN# ofthe Lincoln was 2LMDU88C67BJ15794 which matched the Massachusetts registration of VTEX16, expiring on 06/30/2011.The mileage at the time ofthe crash was 39,995. The vehicle windshield did not have an inspection sticker. A check through the registration inquiry indicated that the vehicle has not been inspected since being registered on November 13,2009. A check ofthe vehicle's lighting system indicated that the headlamps were on at the time ofimpact(Visual examination ofthe bulb did show hot shock to the bulb filament) and all other lighting was tested and functional. During the vehicle inspection the vehicles ignition switch was cycled on and off several times during the inspection process be for the ECM (engine control module) and the ACM (air-bag control module) were removed from the vehicle. A visual inspection ofthe outer shell ofthe vehicle showed E~ensive damage to the windshield and complete front and left front side ofthe vehicle. The driver side air bag did deploy at impact, the passenger front air bag and the left and right side air bags did not deploy. The vehicles exterior body appeared to have been in excellent pre- crash condition. The vehicle is 186.5 inch's in length the overall width is 75.8 inch's, the overall height is 67.5 inch's t13e wheel base is 111.2 inch's and the front wheel track is 65.1 inch's and the rear wheel track is 64.9 inch's, and curb to curb honing circle is 38.6 feet, the vehicle has c2zrb weight of4,420 lbs. Tires; All four tires were ofthe same make and model,the brand name was CONTINENTAL CROSS CONTACT LX,fire size P245/60R 18 — 104-T. With a "standard load" rating with a maximum air pressure of 51 psi at 2450 lbs load weight per fire DOT approved, The left front fire had 0 psi of air pressure and a thread depth of3/32" with even tread wear across the tire. The right front fire had 30 psi of air pressure and a thread depth of 3/32" with even tread wear across the tire. The left rear fire had 26 psi of air pressure and a tread depth of 7/32" with even tread wear across the tire. The right rear fire had 28 psi of air pressure and a tread depth of9/32" with even tread wear across the tire. ~ BRAKES: The vehicle is equipped with electronic brake distribution four wheel ABS power assist front and rear ventilated disc brakes with electronic traction control via the ABS and engine management system. The left and right front brake pads showed ample pad lining remaiiung on both inner and outer pads (12/32" inch). The even wear on the pads is consistent with brake caliper's functioning properly. The brake rotors had signs ofnormal wear and had no visible heat cracks and no fluid leakage. The left and right rear brake pads showed ample pad lining remaining on both inner and outer pads. The left rear outer pad had 6/32" pad remaining and the inner pad had 7/32" pad on the upper side of the pad and the lower section ofthe pad was tapered down to 5/32"this is consistent with a brake calipers lower slide pin having more drag on it than the upper pin but still allowing the caliper to function properly. The right rear outer pad had 6/32" pad remaining and the inner pad had 6/32" pad on the upper side ofthe pad and the lower section ofthe paci was tapered down to 5/32" this is consistent with a brake calipers lower slide pin having more drag on it than the upper pin but still allowing the caliper to fizuction properly. The right rear pads were worn. down slightly more than the left side this is common with.the traction control system that uses the ABS braking module to control the traction system. The brake rotor had signs ofnormal wear and had no visible heat cracks and no fluid leakage. Front end and suspension was inspected. The vehicle is equipped. with hydraulic power assist rack and pinion steering. With front and rear electronic stability control,Independent McPherson strut front suspension with stabilizer bar and coil springs. The left front lower control arm was broken at impact Rear suspension is amulti-link rear independent suspension with stabilizer bar and coil springs. The rear suspension was intact and in good condition. After a visual and mechanical inspection ofthe vehicle,the over all condition appeared to be in above average to excellent pre-crash condition. In conclusion, this Officer believes the condition ofthis vehicle was not a contributing factor in the crash. Page 1 of 3 Intellicast - Worcester Past Weather Observations in Massachusetts(01608) Uni¢ersal Time: Sunday, 20 Nov 2010, 10:22 23 Enter Gty, State, Country or U.S. 2p code or.AirpoR7tl ~F Worcester, MassacfiusetEs Loral National Health Global Storms Trave[ Community YrXMap SaEellite Forecast Current Radar National News sf ~in~u,~°~~ {~ :Sign-In iNaV ~7, Help `~r Hurricanrs ~ Neris .-~ Home» ~~:.m p ram ~,u~~o.,.,~~~ __, P?~S[ ObSeIV3tIOIlS WorcesEer, Massachusetts Observations ~ H--wit Ae-=~(Related ~ ~ Y1 ~ Y~eather Report ~ Interactive 4leati'~i hiap ~ 6ctzndeJ ~arzcast ~ iiour'ry' Evr~'i ~ Fast Chart Options: Temperature ~ Pzst Observations Chart Temperelvre(~ d20 100 80 Record High 67 60 40 32 E fi~o —H7—35 1--~-356 36 35 34 33 32 31 —_ AvFra9e High 42 ____' gp 2g 2~ 26 Z'-O 24 22 Record Lo~.~ 0 1 -20 ! ~ Q i P P j yt O~ s S ~ c `n a a w~'. a i `a i o. a ¢ Q Q ? v~ 4 N 4 N 4 41 d' 1 P v7 ~' vl Q u~ O ~'1 V ='1 C V ~'1 ^' •-~ N M T 9 N ~-y ^~ N y P I(1 O Q VI y P VI t~ O ~ b Q M -_ Temperature Dew Point Relative Humidity Yaibii'rty Ceil'mg Wind Gust Past Observations CumuEatives - °F ~ °C j Tempe2lyres 6 Hour Minimum: 24° 6 Hour Maximum: 32° Precipitation 3 Hour Precioitation: 0 6 Hour P2doimtion• 0 Z4 Hour Minimum: 25° 24 Hour Maximum: 37° 24 Hour Predoitation: 0.08 Curtest Snow Deoth: NA Vew the Past Observations Summary for the Iasi 24 days Past Observations Report- °F ~ °C Tamp DeW Point Relative P~sure Y~sibility Cetlin8 Humidity 3:54 AM,Sun uo 10° 60% 30.OSin 10mi Uni 24~ 1po 55% 30.05(n SOmi Unl Zoo 12~ 60% 30.02in 10mf Unl 28 November 2010 2:54 AM,Sin 28 November 2010 1:54 AM,Sun 28 November 2010 12:54 AM,Sun `28 November 2010 4 11:54 PM,Sat 27 November 2010 10:54 PM Sat 2? November 2010 9:54 PM,Sat ~ 27 November 2010 8:54 PM,Sat 27 November 2D10 7:54 PM,Sat ~ 27 November 2010 6:34 PM,Sat 27 November 2010 5:54 PM,Sat 27 November 2010 f 4:54 PM, Sat X27 November 2010 3:54 PM,Sat D November 2010 ! 2:54PM,Sat i 27 November 2010 ~ 1:54 PM,Sat 27 November 2010 i 12:54 PM,Sat i 27 November 2010 11:54 AM,Sat Z7 November 2010 iQ:54 AM,Sat 27 November 2010 4:54 AM,Sat 27 November 2D10 8:54 AM,Sat Gust Weather NA dear ~ W~ 9mph w+ dear i NW 10mph NA Oear Wind 13mph Date/Time Zso 11° 55°h 30in lOml Unl BmPh NA dear ~h NA dear Z6° 14° 60% 29.961n SOmi Unl Zoo lqo 58°/u 29.93in lOmi Unl ~m~ NA Clem zg~ 15° 56% 29.69in 10m( Unl BmPh NA dear , 15° 54% 29.64in 10mi Unl ~mPh 22mph dear ' 30~ 310 ~Zpo 5q~ 29.8in lOmi Unl WNW 14mph mph Clear i E . 3zo Zoo ~30~ 2975tH 10mi Unl WNW 12mph NA dear 33o Z3~ 66% 29.7iin 10mI 430Dft W 17mph 25mph Broken goods 340 21° 59°h 29.6Bin 10mi 4100ft W mPh 28mph Wercast ~35, igo y~o~ 29.63in 10mi SO~Oft W 17mph 31mph Broken Clouds 35° 19° 52% 29.62in SOmi 49DOft w~ 12mph 24mph Broken Clouds ~ 36~ ll~ 46% 29.59in lOmi Unl ZSmPh 38mph dear ~ 37o Igo qqo,~ 29.58in SDmi Unl W 17mph 28mph Scattered Clouds 360 lgo 48% 2°..56tH SOm( 4700ft W z4mPh 36m h P Broken clouds i ! j 18° 50% 29.56in 10mi Unl 6mph . Clear ~ 3'ro gg= 19° 56°h 29.59in SOmf Unl 5mph ~ a~~ i 20° 64% 29.58in SOmf UnI WSW NA Few Clouds 31° mph ~ } ~ ~ http://www.intellicas~.com/LocaUObservation.aspx?location=USMA0502 1 1/28/2010- .o ~_ 1: f ~ 3 SEC r. ALL POLICE PHOT~GRA.GHS ON FI~L~ WITI-~ CRIME SCENE UNIT ,~ ~'~'~:l r ~ .i. r ) ~. ". 5 L. ~ 5 } ...~f `1i. i Il -~'i~ v : i .1.`!.. n,:.!.w[R ~ .'.. ~a,4^~..~}~i e. ~;,i, ..4.~ .r~,;~ ~~.~u. ~:~~,I -1~..: Y 4.. a~tv.i d.c4 ~t r .::. ~,~ i r w5t I~ti}~~, f ~ii , c .. ' : ~ :. .1. ,,_i 1 ~ ~..,.~,ii. ,r., ~ _,.::, ,~ ~y,' yr... ~...i,.7, •.~. , r ~ l~i..o-.~ ~i .,a;i~. n nt IJ',::. r ~4 ~ m~.1Jm~~.~~'+~r..,i .i.. ,.fir .. ~ l~~"r~ N14.M1 ,.r 11 '. u`r ,u r 4~i i w cr ,-~f ,1'~ I.:: ~ }~ .,i l r~ '~ u ~ ,, ~L: itt~14y ~ -~~ .1 r '; :4 i ,a ~~~. ?.1 -1ry1. ipc ltr;~" 7.. ~' rsll~{ „I -, P ~c~i ,•G~ .~-~,~~.. tl ~. ~N ~!~Y.. ~i.2 ,~~u_ qy:,. } I~ - ..~ ~.,,~ii,x ...~~. ~'~' ~t, ~tv,.~,ta yw f-".1t ~i r~i„...d?,tip ri ~.ce.'~ a ~.{~~ T~1 u; ~ iIlr V.:. 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R .a lY 11."fr~~.,~'.(', ~,:eay ,.4t,•~ ~jY+. t „~,a y ~ Fi+l'. F~ ~ ~ ~ _' ~,YI!'11~< ,~~~;Ln G(?t ,. R~"~~,ri,e;, .~ ~~.y~,'~i. %z, ~'~ {~~i ~~ e ~ i r~p~ ~..... ,~ ~k,.~.. -a ~' .1 .('a 1~ ~ S?;'dT~,'~?~~,z~ ~ ~i ~ b~ M~~'~A ~~ .5p ~ ~7 i.~a. ~+~~,r a `}. / ~j,.atl~~lry'~ .iI MR'"gp~L ;(C~ I ? u~ ,:,.i h}~ .,AWit• , ~ ~~I s1') +~.,I~ !1 1 ,., t4r ''ll r. •r<V b. q .L . in . t~ ~f~+<~..: ~,~?R t~sr. #. ,.c"It~. ~ ~ant „i ryy ~~ lr ',1, ~;t«tC ~ "1v ~~~r ~ ~l+ni ~, $;, t~ }~ j~y~,p n~% ~Ctif~ ,iS."f~"ta~} fl M~y~'M s ~ ,v .0 !~. a -~ ~+ ~' ~ ~~' ~i.i1 ~ y~~ ~i ,i .. ~ a , i, ~~.. ;~~ i ;4+ +I i cS Ga'I f i i ~r ~~ ~.J,.~ f 'f ~4 ~ I' ~k1~ f ~ad~,y~~;~ G ~Fb t ~~~ ,~`"t~~~f '1 f Ht ~ t~u~11,~'~~~SG~p~,4 ~7 G~ix I J ~,~j lr ~ r -. ~~ ~ ~. ~v~.~~t~. ,I~ 1>Ff~~b:J1 ,,.~'~, 4.c Y i I1 r Id !~1 ~~ ~~ r~M °-'f1'f~ ~,~~f47h Y~ Yr+rYll~ii d "i. I( ..';' .+~'~•o.: ~ / a~~":Fa~~ r~„' . r:i. t %~i~~ t .... ,':C"4~~ ,. ~~~ , ~ ~ Y~1~~'~ { I,' ~ { i~j.1l.1 ~'l ~l,~ ~.i.. 1~~n ~ n ~ 4 1. ti, ~ ~r • • ~'ll~~rr ~j -Y.rJty~~,Y ~_ ~~; ~3e~~~~ 5µ ~ ' `'T r" iiZ~ 5 ` tF "`~ c; t~ S' tii~ ': ~,,, '~~ ` , '~ftiICl~ YiiTSPE~i OliT Q~RT On Sunday November 28, 2010 Police Officer Alan Gemme conducted a vehicle inspection on the 2005 Blue Cadillac CTS 4 door sedan that was involved in a two vehicle side impact crash on Sunday November 28, 2010 occurring at the intersection of Hamilton Stand Puritan Av. The VIN# ofthe Cadillac was 1 G6DP567750134447 which matched the Massachusetts registration of 268BZ5, expiring on 05/31/201 l.The mileage at the time of the crash was 71,607 miles. The vehicle inspection sticker was a current 2010 sticker issued on October 26,2010, and expires on the last day of October 2011. The sticker # 113662083 matched the registration inquiry. A check ofthe vehicle's lighting system indicated that the head lamp switch was on the parking light position. Further investigation indicated that the vehicles low beams were on at the time of impact due to the filament having hot shock. The positioning of the light switch on the left side ofthe' steering Colum and the crash impact being located on the left side along with emergency personnel attempting to aid the driver through that side of the vehicle could easily caused the selector to move from the headlamp position to the parking lamp position inadvertently. A check of the turn signal, tail light and stop lights indicated that they were functioning at the time of the crash. A visual inspection ofthe outer shell of the vehicle showed Extensive catastrophic damage to the windshield and complete left side of the vehicle. The vehicles exterior body appeared to have been in excellent pre- crash condition. The vehicle is191.34 inch's in length the overall width is 70.47 inch's, the overall height is 56.69 inch's the wheel base is 113.78 inch's and the front wheel track is 60.3 inch's and the rear wheel track is 60.0 inch's. The vehicle has curb weight of 3,843 lbs. And has a curb to curb turning circle of 35.5 feet. TIRES; three of the four tires(LF,RF,LR)were of the same make and model, the brand name was KUMHO ECSTA ASX directional rotation, fire size P225/50-R17 — 94W. With a "standard load" rating with a maximum air pressure of 51 psi at 14701bs load weight per tire DOT approved. The left front fire bad 26 psi of air pressure and a thread depth of 7/32" with even tread wear across the tire. The right front fire had 26 psi of air pressure and a.thread depth of 7/32" with even-tread wear across the tire. The left rear fire had 26 psi of air pressure and a tread depth of 5/32" with even tread wear across the tire. The right rear tire.was a FIRESTONE- FIREHAWK GT,the fire size was 225-50 R 17 94 V and had 30 psi of air pressure and a tread depth of 7/32" with even tread wear across the tire. The fact that all four tires had even fire wear across the surface is consistent with proper wheel alignment. .BRAKES. The vehicle is equipped with electronic brake distribution four wheel ABS power assist front and fear ventilated disc brakes with electronic traction control via the ABS and engine management system. The left and right front brake pads showed amble pad lining remaining on both inner and outer pads.. The even wear on the pads is consistent with a brake caliper functioning properly. The brake rotor had signs of normal wear and had no visible heat cracks and no fluid leakage. The left and right rear brake pads showed amble pad lining remaining on both inner and outer pads. The even wear on the pads is consistent with a brake caliper functioning properly. The right rear pads were worn down more than the left side this is common with the traction control system that uses the ABS braking module to control the traction system. The brake rotor had signs of normal wear and had no visible heat cracks and no fluid leakage. SUSPENSION; the Front end and suspension was inspected. The vehicle is equipped with hydraulic power assist rack and pinion steering. The front suspension is an independent lower wish bone suspension with stabilizer bar and coil springs. All steering components were intact and in properly functioning order. There were no visible signs of leakage from the shock absorbers. The rear suspension on the vehicle is a multi- link rear independent rear suspension with stabilizer bar and coil spring. After a visual and mechanical inspection of the vehicle, the over all condition appears to be in above average condition. In conclusion, this Officer believes the condition of this vehicle was not a contributing factor in the crash. Traffic Reconstruction Unit VEHICLE INSPECTION REPORT On Sunday November 28,2010 Police Officer Alan Gernme conducted a vehicle inspection on the 2007 white Lincoln MKX SW that was involved in a two vehicle side impact crash on Sunday November 28,2010 occurring at the intersection of Hamilton St. and Puritan Av. The VIN# ofthe Lincoln was 2LMDU88C67BJ15794 which matched the Massachusetts registration of VTEX16, expiring on 06/30/2011.The mileage at the time ofthe crash was 39,995. The vehicle windshield did not have an inspection sticker. A check thxough the registration inquiry indicated that the vehicle has not been inspected since being registered on November 13, 2009. A check ofthe vehicle's lighting system indicated that the headlamps were on at the time ofimpact(Visual examination ofthe bulb did show hot shock to the bulb filament) and all other lighting was tested and functional. During the vehicle inspection the vehicles ignition switch was cycled on and off several times during the inspection process be for the ECM (engine control module) and the ACM (air-bag control module) were removed from the vehicle. A visual inspection ofthe outer shell ofthe vehicle showed Extensive damage to the windshield and complete front and left front side ofthe vehicle. The driver side air bag did deploy at impact,the passenger front air bag and the left and right side air bags did not deploy. The vehicles exterior body appeared to have been in excellent pre- crash condition, The vehicle is 186.5 inch's in length the overall width is 75.8 inch's,the overall height is 67.5 inch's the wheel base is 111.2 inch's and the front wheel track is 65.1 inch's and the rear wheel track is 64.9 inch's, and curb to curb turning circle is 38.6 feet, the vehicle has curb weight of4,420 lbs. Tires; All four tires were ofthe same make and model,the brand name was CONTINENTAL CROSS CONTACT LX,tine size P245/60R 18 — 104-T. With a "standard load" rating with a maximum air pressure of 51 psi at 2450 lbs load weight per tine DOT approved. The left front tine had 0 psi of air pressure and a thread depth of 3/32" with even tread wear across the tire. The right front fire had 30 psi of air pressure and a thread depth of 3/32" with even tread wear across the tire. The left rear tine had 26 psi of air pressure and a tread depth of7/32" with even tread wear across the tire. The right rear tire had 28 psi of air pressure and a dread depth of 9/32" with even tread wear across the tire. BRAKES: The vehicle is equipped with electronic brake distribution four wheel ABS power assist front and rear ventilated disc brakes with electronic traction control via the ABS and engine management system. The left and right front brake pads showed ample pad lining remaining on both inner and outer pads (12/32" inch). The even wear on the pads is consistent with brake caliper's functioning properly. The brake rotors had signs of normal wear and had no visible heat cracks and no fluid leakage. The left and right rear brake pads showed ample pad Lining remaining on both inner and outer pads. The left rear outer pad had 6/32" pad remaining and the inner pad had 7/32" pad on the upper side of the pad and the lower section ofthe pad was tapered down to 5/32" this is consistent with a brake calipers lower slide pin having more drag on it than the upper pin but still allowing the caliper to function properly. The right rear outer pad had 6/32" pad remaining and the inner pad had 6/32" pad on the upper side ofthe pad and the lower section ofthe pad was tapered down to 5/32" this is consistent with a brake calipers lower slide pin having more drag on it than the upper pin but still allowing the caliper to function properly. The right rear pads were worn down slightly more than the left side this is common with the traction control system that uses the ABS braking module to control the traction system. The brake rotor had signs ofnormal wear and had no visible heat cracks and no fluid leakage. Front end and suspension was inspected. The vehicle is equipped with hydraulic power assist rack and pinion steering. With front and rear electronic stability control, Independent McPherson strut front suspension with stabilizer bar and coil springs. The left front lower control arm was broken at impact. Rear suspension is amulti-link rear independent suspension with stabilizer bar and coil springs. The rear suspension was intact and in good condition. After a visual and mechanical inspection ofthe vehicle,the over all condition appeared to be in above average to excellent pre-crash condition. In conclusion, this Officer believes the condition ofthis vehicle was not a contributing factor in the crash. Page 1 of 3 Intellicast - Worcester Past Weather Observations in Massachusetts(01608) Universal Tme; Sunday, 2$ Nov ZO10, 10:22 Enter City, State, Country or U.S. Zp code or. Airport Id 4~ F ~Alorcester, Massachusetts Qi Local National Storms Global Healtfi Travel Forecast Community Satellite Radar Current wXMap National News. ~&%nts~ `ia~ ~__~. Signdn iNaV Hetp ~r Hurricanes ~ A1ertr Home» ~~~ ~ pastObsenrations Pzst Observations Worcester, Massachusetts Weatfier Report ~ Snteractive 4leathz Map ~ Extended Forecast ~ Houcry Por-a t ~ Fast36serva5ans ~ H~:,aic Aeaag3 ~ Related ~ ~{ E'~ ~ Chart options: Temperature s i PzsE Ohservations Chart Temperafirre(F) 120 100 80 Record High 67 60 4 40 ~2 ~~ "~` AvFra9e High 42 ~ ~ 36 35 34 33~ 32 3~t''d 3D 29 27 26 25 24 20 ~ 22 -. _. gig._ L.,. __. Record Lora ? 0 i -20 _ S .; Q _ .y ;.. ¢ P P uPi vyi ~ ~ ~-i -a ;. o`~ JI n n v .a a nil .a N ~'1 1 a o 1~ ~ a• r'1 Y gn a e~ vt a m ~/1 u ~ a` a ^ ~'1 4 i o .a m ~ n~ e N O ~ N ~'1 .n 7 c a c _ ~ Q s y .~ t`J ~ •r .d 7 rt r—_ Temperecure Dzw Point Relative Humidity Visibility Ceiling Wiod Gust ~ Past 06servations Cumulatives- °F ~ °C j Temperetures 6 Hour Minimum: 24° ~ 6 Hour Maximum: 32° Precipitation 3 Hour Precipitation: 0 6 Hour P2cioitatlon: 0 24 Hour Minimum: 25° 24 Hour Ma~mum: 37° 24 Hour Precislion: 0.08 Current Snow Deoth: NA — -— - ~ — i~, View the Past Observations Summary fnr the last 14 days Past Observations Report - °F ~ °C _ __ Date(Time Temp DeW Paint Relative P~sure Ysi611ity Ceiling Humidity 3:54 AM,Sun 28 November 2010 ZZo 10° 60°h 30.OSin SOmi Uni ____ Wind Gust WNW 13mph NA Clear —~'I Weathef ~ 2:54 AM,Sun 28 November 2010 Zq~ 10° 55% 30.o5in 10m( Unl W~ 9mph NA dear 1.54 AM,Sun 28 November 2010 Zqo 12° 60°h 30.02in SOmi Unl NW SOmph NA dear 12:54 AM,Sun j 28 November 2010 ZS~ 11° 55% 30in lOmi Unl ~ Smph NA Qear ~ 11:54 PM,Sat Z7 November 2010 Z6° 14° 60% 29.96in SOm( Unl ~ 5mph NA dear 110:54 PM,Sat j 27 November 2010 Z~~ 14° SB°h 29.93in lOmi Unl ~ 7mph NA dear 9:54 PM,Sat i 27 November 2010 Zg~ 15° 56°/a 29.89in SOmi Uni WNW Smph NA dear 8:54 PIN, Sat '27 November 2010 30° 15° 54% 29.84in lOmf Unl WNw 13mph 22mph dear 31~ Zpo y{o~ 29.Sin lOmi Unl wNW 19mph 23mph Clear ~ - 32° 24° 73% 29.75in 10mi Unl WNW 12mph NA gear ~ W 17mph 25m h P Broken Clouds 5:54 PM,Sat D Novembe12010 ~ 4:54 PM,Sat L 27 November 2010 3:54 PM,Sat Z7 November 2D10 2:54 PM,Sat i 27 November 2010 1:54 PM, Sat 27 November 2010 1 12:54 PM,Sat 27 November 2010 11;54 AM,Sat 27 November 2050 10:54 AM,Sat 27 November 2010 ', 9:54 AM,Sat 27 November 2010 8:54 AM,Sat ~ i 33° 23° 66°h 29.711n lOmi 430~ft 34, Zi° 59°h 29.68in 10mi 4100ft W 17mph 28m h P Overcast ~ 31mph Broken Clouds i '35° 19° 52°h 29.63in 10mf SOOOft W llmph 35° 19° 52°h 29.62in SOmi 490Dft W~ 12mph 24mph Broken Clouds 38mph dear 28mph Scattered Clouds ~ 36mph Broken gouds !~ Qear j ~ 36° 17° 46% 29.59in SOmi Unl W ZSmph 37o i~o qqo~ 29.58in i~mi Unl W 17mph 36° 18° 48% 29.56in SOmi 4700ft g5° 18° 50°h 29.56in LOmi Unl W 16mph 25mph 33° 14° 56°h 29.59in 10mi Unl W 15mph NA Clear NA Few Clouds 2qm 7:54 PM,Sat ~ 27 November 2010 i 6:54 PNt, Sat ~ 27 November 2010 ~ 31° 20° 64% 29.SSin lOm( Uni Ph WSYJ http://www.intellicast.com/LocaUObservation.aspx?location=USMA0502 11/28/2010- CITY OF WORCESTER REVISED ORDINANCES OF 2008 Ordained by the City Council Jnne 24,2008 As amended through January 3, 2012 § 13. Keep to the Right ofRoadway Division Upon such roadways as are divided by a parkway, grass plot, reservation, viaduct, subway or by any structure or area, operators shall keep to the right ofsuch a division except when otherwise directed by an of~'icer, signs, signals or markings. § 14. Overtaking Other Vehicles ~" The operator of a vehicle shall not overtake and pass a vehicle proceeding in the same direction unless there is sufficient cleax space ahead on the right side ofthe roadway to permit the overtaking to be completed without impeding the safe operation of any vehicle ahead and without causing the operator of any such vehicle to change speed or alter course, except as provided in G.L. c. 89,§ 2. § 15. Sound Horn When Necessary The operator ofa vehicle shall give an audible warning with his horn or other suitable warning device whenever necessary to ensure safe operation. § 16. Obstructing Intersection or Crosswalk ' No operator shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side ofthe intersection or crosswalk and on the right half ofthe roadway to accommodate the vehicle that he is operating without obstructing the passage ofother vehicles or pedestrians notwithstanding any traffic control signal indication to proceed. § 17. Following too Closely The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed ofsuch vehicle and the traffic upon and condirion ofthe street or highway. § 18. Caze in Starting, Stopping, Turning or Backing The operator of any vehicle before starting, stopping, turning from a direct line, or backing shall first see that such movement can be made in safety. Ifthe operarion of another vehicle should be affected by a stopping or fuming movement,the operator ofsuch vehicle shall be given a plainly visible signal. § 19. Operation at Underpasses or Overpasses and at Intersections with Islands At any junction or crossing of ways where the roadway grade has been separated and where the ways are connected by ramps, and at any intersection of ways in which there are traffic islands, operators of vehicles shall proceed only as indicated by official signs, signals, or markings. § 20. Driving on Roads Under Constriction 210 '~~Qr~~~t~r ~~~~~~ ~~~a~~~~~ 9-11 Lincoln Sq V~'or~ester, E~iA Q160~-1172 5~E 739-560 6~~E~e~t l~~~tae~: 2fP1 QQf20'!15~'!Q File No: N/A ~~~~~tch E~cid~r~~ [~e~€~b~r: 2Ef4E?QOE313~'~50 ~r~~t Qa~r~: E~e~~~eni~~r 28, ~d~i ~ ~F~t~~-~~: ~~~~~~~ 6~~~de~t ~ot~~: Create User IQ: Date &Time No Incident Notes Listed B~c6dent Ui~patcher Rerr~ark~: Create User ID: system Qat~ ~ Time 11/28/2010 04:55:31 2010/11/28 02:40 Brunelle, Theresa 8907 REQ TWO EA'S AND LOOKS LIKE POSSIBLE ENTRAPMENT...TB 2010/11/28 02:43 Brunelle, Theresa B907 CALLED FOR 2 TOWS, FLATBEDS TO THE SCENE...TB 2010/11/28 02:52 Brunelle, Theresa 6907 PER S2, NOTIFY TRAFFIC REGARDING TNIS...S1 IN SERVICES DOING THE NOTIFICATION, ALSO NOTIFIED CSU...MA REG 268625, CADILLAC SEDAN AND MA EX16, LINCOLN MKK..PAT'S IS THE TOW...TB 2010/11/28 03:00 Brunelle, Theresa B9d7 STREETS NOTIFIED PER L1 FOR SAND..iB 2010/11/28 03:01 Brunelle, Theresa 8907 SAND TRUCK BACKED OFF...TB 2010/11/28 03:46 Kellaher, Megfian K912 TR 13 REQ PATS HERE WITH FLATBED FOR BOTH VEHICLES...PATS NGTIFIED..NiRK 2010/11/28 04:14 Kellaher, Meghan K912 TR 13 REQ DPW HERE, HALF OF THE LANE IS COVERED IN OIL...DPW f~OTIFIED..RARK 2010/11/28 04:42 Kellaher, Meghan K912 TR OFFICER KELLY REQ FIRE APPSE7, L1, R1, C3- CHIEF GALLERY RESPONDED..MRK 2010/11/28 04:42 Kellaher, Meghan K942 °ER 6L , OPS UNITS CLEARING...HAMILTON ST IS OPENED UP...PATS HAS BOTH VEHICLES..MRK Calf Takers Remarks: Create User ID: system Date &Time 11/28/2010 04:55 2 my accident head on collision unknown injuries called in by a resd @ 119 Hamilton ~ @02:38...2ND CALL FROM ANOTHER RESD HERE...2 CARS, UNK INJ... ...MRK 2nd call from resd @ 123 hamilton ems ntfd. and responding. er 2:48 PATS NTFD. AS THE TOW ...ER NTFD. TO BRING A BROOM AS WELL AT THE REQ OF 6L, ~~~~~~~~~ ~c~~€~~r~~ ~~~~~~ Printed By: mccannmp Printed: 1/26/2012 1'{23 f`l~6 l~icident fro: 2b~i0b60~3sti~Q 911 Phone Mow Reported: 11/28/2010 2:36:41AM R~eeiv~d Hate: ~~sp~tched Date: 11/28/2010 2:37:13RP~? ~oi6ce 6r~ci~ent Flo: 2d'fd@fiQ445740 Fire inci~fen~ [~to: Resorted Type: Prfor~ty: Cali Taker: Accident Per Injury l~rgenf Dispatcher Rooney, Elizabeth l~rri~ec! Dzte: 11/28l2Q10 2:~9:46AM SF►ift Super~isQS~: No Entry Cleared Date: 11/28/2090 6:59:52AM Repmr~ing Officer: Police Officer Chase, Matthew D ~3isp~tcher Brune6ie, Theresa Dispatcher Kellaher, Meghan Dispatcher Shanley, Michael E Dispatcher Wilson, Linda --------------------------------------------------------------------------------------------- -----No Entry Poli~~ E~e~~or~~~: Accident Per Injury P:115710 [~a~[ae~: No Entry Fire Response: Landmark: Report Action Taken: ln~iderat Ad¢lress: 119 HAMILTON ST, Worcester, MA 01604 Accident Per Injury Incident Types: Stat. Area: R06 hector: Census Tract: Sub Stat. area: --------------------------------------------------------------------------------------------- -----Caller Phone Caller Adtlress Caller Name Galler Seq.# (~o caller information recorded. ---------------------------=------------------------------------------ — ---------------------'11/L812U'iCl 2:36:41~ivi ~c~~~~ ~3~te: LQmestic ~io[ence: too ~i~~Sa~chE~~: Ofher fnvoived Persons: Involvement Teleuhone Address Name No other involved persons recorded --------------------------------------------------------------------------------------------- -----Business Phone 2 Business Phone 1 Business Tvpe Business Address siness Name No Entry No Entry No Entry No Entry No Entry --------------------------------------------------------------------------------------------- -----Police Alarm Description Police Alarm ID No Entry No Entry --------------------------------------------------------------------------------------------------Fire Alarm Description Fire Alarm ID No Entry No Entry --------------------------------------------------------------------------------------------------Structure Addre§§ structure Name Structure ID No Entry No Entry No Entry --------------------------------------------------------------------------------------------------Personnel lJnits Assiuned 04L Police Officer Jason M E 06L Police Officer Michael F Police Officer Matthew[ 07L Police Officer James T f OSL Police Officer George F 09L Police Officer Gregory F Lt2 Lieutenant James E Mo Sgt2 SERGEANT Daniel P D TR13 Riau W Gemme TR5 Police Officer Richard C --------------------------------------------------------------------------------------------- -----Ti ow Business Tow Tvpe Plate No Vehicle Model `~/ehicle Make No Entry No Entry cpatcher Remarks Page 1 of 2 DlFormSingle 02/15/09 ~'r~c~r~~~~f~r P~i~ted: 1/26/2012 11:23 C~.E~ fr~cic4er~E Rio: 20560fl0'i3~'f5R €~~~~~~~~ ~~~~d~~~ ~~~~€~ Frinfed By: mccannr~p PQli~~ lntitlsnt ['~ci: 2~~Q~~Q~ ~57~~ FE~e Er.~i~er~t ~~~, ~Q10/11/28 02:40 Brunelle, Theresa 6907 REQ TWO EA'S AND LOOKS LIKE POSSIBLE ENTRAPMEM1lT...TB 201Q/91/28 02:43 Brunelle, Theresa B9Cf7 CHLLED FOR 2 TOWS, FLATBEDS TO THE SCENE...TB 2010/11/28 02:52 Brunelle, Theresa B907 PER S2, ~lOTIFY TRAFFIC REGARDING THlS...S1 !CJ SEP.V(CES DOING iFiE R~OTl~ICATiO~~l, ALSO f~OTIFIED CSU...MA REG 268BZ5, CRQILLRC SEDAN Al~D NiR EX16, Lit~C~JLt~ ME~h..FAT'S IS THE TOW...TB 2010/11/28 03:00 Brunelle, Theresa 6907 STREETS NOTIFIED PER L1 FOR S,~ND„TB 2010/11/28 03:01 Brunelle, Theresa B907 SRND TRUCK BACKED OFF...TB 2Q1Q/11/28 Q3:4E Kel{aher, Nleghan K912 in' 63 RCQ FP~TS nErcE'vvEiH FLF~iBE[~ t=i~K ►~()i~-i VEF9iGLES...~~,TS N~TiF(ED..f~RK 2010{11!28 04:14 Keilaher, Meghan K912 TR ~3 ~EQ DPW HERE, HALF OF THE LANE IS COVERED IN OlL...DP~N fVOTIFIED..tNPK 2010/11/28 04:42 Kellaher, Meghan K912 TR OFFlCEP. 14ELLY °~Q FIRE F,FPSE7, L1, R1, C3-CHIEF GALLERY RESPONDED..tJRK 2010/11/28 04:42 Ke~laher, Meghan K912 PER 6L , OPS UNITS CLEARING...HAMILTON ST IS OPENED UP...PATS HAS BOTH VEHICLES..MRK --------------------------------------------------------------------------------------------------Cail Taker Remarks Seq. No. 2 my accident head on collision unknown injuries called in by a resd @ 119 Hamilton @ @02:38...2ND CALL FROM ANOTHER RESD HERE...2 CARS,~~m_ UNK INJ... ...MRK end call from resd @ 123 hamilton ems ntfd. and responding. er 2:48 PATS NTFD. AS THE TOW ...ER NTFD. TO BRING A BROOM AS WELL AT THE REQ OF 6L. Page 2 of 2 DlFormSingle 02/15/09 ~~~C~ST~F~ PO+L6C~ ~EE'~E~l'6~@~~9T ~~E~~ ~~~~~~~ ~f~,f6~lQEl: E~~ir~~: 0700 hours Sunday, November 2S, 2010 Service Division Originasting Division: Detective Bureau On 11/27/10 at 2212 hrs. Operations division responded to Walgreen at 320 Grafton Si. for ', reports while she had the cash an armed robbery (10-115603). The cashier, r~gist~r drawer ben a male placed a knife Qn the punter next to the drawer and tali her not to close the drawer. This same male then reached in taking the $20 bills. She believes the male had gloves on. The male then ran out of the store. The store is equipped with video, but unable to access at this Time. The rna{e is descried as white male, ~'1", heavy set abut riot fat), dirty blonds hair, ter o~ brown winter hat. The description seem similar to the armed robbery of the Millbury St. Honey Farms on 11/25/10. Detective Bureau doing follow up and took statements. tJFF COlJNT I#een #: 7943 Date -Time: 2312 Saturday, 27 November, 2010 person In Charge: Grady James M Entered By: Pefty Joseph J O~hee Jaur~al~ Pasted 'Po: LH Starting Cuff Count: 27 Cuffs 15 Shackles 1 set of cuffs and shackles are the prisoner at the hospital. raffic/ C.S.0 Notified Item #: 7944 Date -Time: Entered By: Cozzolino Brian K 0256 Sunday, 28 November, 2010 Person In Charge: Grady James M Other Journals Posted To: Crime Scene Unit Traffic Sgt, Dowd requested Traffic and C.S.0 be notified regarding a two car accident at 119 Hamilton St. Sgt. Fallavollita from traffic was notified and will be responding as well as Lt Grady from C.S.U. ast Half Unit Measures Item #: 7945 Date -Time: Entered By: Cozzolino Brian K 0535 Sunday, 28 November, 2010 Person In Charge: Grady James M Other Journals Posted To: Last Half Booked 7 Prisoners, *There is 1 Male at Memorial Hospital (Arrest# 7069-George Mwangi) l~. ~,JIPLETE BOOKING Item #: 7946 Entered By: Petty Joseph J 12/2/2010 Dade - Tirne: 0550 Sunday, 28 November, 2010 Person In Charge: Grady James M 5 DEPARTMENT OF POLICE CITY OF 1NQRCESTER MASSACHUSETTS 01608-1 1 72 (506) 7'~J9-8600 GAfiY J. GEMME CHIEF OF POLICE ro: Lt. James Moore Ca t. Aaron Theodoss FROM: P,~. Matthew Chase' DATE: SUBJECT: 11-28-1 UNIT: p~~ Last H~If uNir: Opp Last H~If Accident On Sunday, November 28, 2010 at 0236hrs I Officer Matthew Chase along with Officer Michael Foley were dispatched to the area of 119 Hamilton St for a report of a possible head on collision. Other Operations Officers had arrived prior to our arrive{ and radioed that a female appeared to be trapped in a vehicle and they requested to have EMS "step it up". On arrival I observed one vehicle on the odd numbered side of Hamilton St. That vehicle was a Cadillac CTS (MA Reg 268625) which had major damage to the driver's side and was occupied by a female later ID'd as Kailee Higgins y . Higgins was breathing but unconscious and had major facial injuries. Her injuries appeared to be life threatening. Witnesses on the sidewalk who had come out to observe stated that they had heard a loud crash but did not seA the accident occur. Sgt. Dowd and Lt. Moore responded to the scene and requested 1"raffic Officers to investigate. UMASS EMS and Fire Dept. personnel responded and Ms Higgins was extracted from the vehicle and was then transported to UNIASS hospital a~ a priority one trauma. The operator.of the second vehicle was identified as Thomas Duffy The vehicle was a 2007 Lincoln MKX (MA Reg VTEX16) and it had major front end damage. Mr. Duffy had a laceration to his face which was bleeding. It was observed that he was alert, speaking coherently and walking around onrithout signs of further injury or incapacitation. Mr. Duffy was told to see the Paramedics as a precaution and was treated on the scene. Tr~~fc ~~~~s~o~~~~rs arrived, were briefed end took over the scene. J ~~-~ - - Matthew D. Chase Last H~Bf Operations ~~~~~~ ~r`~a~~ C3~ ~~9~~~ ~~.~~ ~ .~.~ C~~~~~ _ ~y DEPARTMENT OF POLICE AST\/ ~"~ ■~ t~~ ~ Y t7, t°' ~IYCJ1={~~~ f ER MASSACHUSETTS 0160$-1172 (508) 799-8600 GARY J. GEMME CHIEF OF POLICE To: Captain Aaron Theodoss FROM: DATE: Officer Michael Foley 1~-~$'~o~.~ S~8"~~ UNIT: Operations ~N~T~ Operations Accident On Sunday November 28, 201 at 02:36Hrs Officer Math Chase and I, Officer Michael Foley, were dispatched to the area of 119 Hamilton Street for a reported possible head-on-collision. While en route to the scene, other Operations officers had arrived and radioed that a female appeared to be entrapped in a vehicle and they requested EMS to "Step it up". Upon arrival, I observed the first vehicle, a Cadillac CTS (Ma Reg 268BZ5), had heavy driver's side damage and was occupied by a Kailee Higgins DOB who was seated in the driver's seat. She had massive facial injuries and was breathing but unconscious. Her injuries appeared to be life threatening. I radioed for EMS to again "Step-It-up". Witnesses on the sidewalk stat~ci tf~at they did not see the accident but heard a loud crash and came out to see. Sgt. Dowd and Lt. Moore responded to the scene and requested Traffic to Investigate. Paramedics and Fire personnel responded. Ms. Higgins was extracted fr~r~ the vehicle and transported to U-Mass hospital as a priority one. T Officers informed us that Thomas Duffy DOB as the operator of the second vehicle, A 2007 Lincoln MKX (Ma Reg VTEX16) which had heavy :fr,~n~e~d~damage. H~ had a laceration to his face which was bleedi ng. It~was observed that he was alert, speaking coherently, walking around v~6th -~t~t signs of further injury or incapacitation. However, he was told ~o see the paramedics as a precaution and was treated at the scene. Mr. Duffy informed me tha~:.he was driving dawn Ham6lton Str~~ t ~h~n the second vehecle had "Suddenly, come out of nowhere". He way asked to wait for investigators. Traffic Inv?sti~ators arrived, ~erE brie~'ed, antl took control of the ~cen~. U i ,c' ~*r i j/ ~3-°~ '~ ~oacesrF'°: °~,~' ,e '~ ~, GyR, ~~4 DEPARTMENT OF POLICE 3,.,~. CITY OF WORCESTER ~ ~. ~ oouec MASSACHUSETTS 01608-1 1 72 n,•~ (50~) 799-3600 GARY J. GEMME CHIEF OF POLICE To: Captain Aaron Theodoss Lieutenant James Moore FRO'": Sergeant DanieP P. ~ov+~d °Are: '~' = . ~': -° : 2g November 2010 SUBJECT: UNIT: Operations L~s~ Flalf 0 erations Last Halr u"'IT: O~erati~ns Last Half Off-Duty Officer-Involved M.V. Collision I2010 115710 On 29 November 2010, at approximately 0236 hrs, Police Officers Michael Foley and Matthew Chase were dispatched to a motor vehicle crash in the area of 119 Hamilton St. Shortly after their arrival on the scene, the responding offic~,~s asked for the ambulance to be expedited. I responded to the scene forthwith. Upon my arrival, I observed an S.U.V. with front-end damage to be facing west in the east-bound lane. I also observed a Cadillac with heavy driver'sside damage stopped against, and roughly perpendicular to, the sidewalk in the west-bound lane. The Cadillac was facing north. U-Mass EMS personnel, firefighters, and police officers were in the process of extricating a female from the Cadillac, through the passenger's door. I then directed my attention to the S.U.V. As I headed toward the S.U:V., I saw ofF-duty Police Officer Thomas 6. Duffy standing near the passenger's door. Duffiy hid blood on his chin, and on the front of hip short. I asked Duffy if he was okay, and he paid that he was fine. He~asked hoonr the occupant of the other ~aehicle was, ar~d I told i~i~ that I did not know. I .asked him again if he was okay, and he said that he was..I asked of he had been the on9y person in his v~hic9e, and he said that he had been aBo~e. I notified Lieutenant James Moore regarding the situation. At th6s ti~ree, I begaro to survey the aeeiden~ scene, Based on the debris field, it ap~~ared a~ th~~gh ti~~ S.U.`~. had been tra~~eli~ig easy ~~ ~ia~i9to~ St. It appeared as though the Cadillac had crossed the roadway in front of the S.U.V., having entered the roadway frorrs Puritan Ave. ~°; ~h'ss tir~~, E"~~ hid ~~~~ed the V~e~~Lcar ~~ ~n~ Ca~iiliac into the ara-ibulance. The paramedics inform~~ mp that the operator wo~fd be .transported to U-Masi Lake Ave, Campus ~s a priority one tra~r~a. 1 req~est~d, through d6spatch, that the Traffic Division be notified, and respond to the sc~n~. Next, I spoke with Lie~t~n~nt More, and apprises! hirt~ of the ~at~a~i~~. t. g~ ~.~~ ~'~= ..:.;~~ ~~~°: i ~ Officer Duff had been treated b U-Mass EMS personnel: an. ~n;~~r ;~. .eni~ nod been bandaged, and he refined further medical treatment. ~ After having been bandaged, Officer Duffy asked me again about the ... condition of the other operator. I told him that she way a priori~y or e trauma. Officer Duffy explained to.me that he had been driving east on Hamilton . ~. St., when the other vehicle pulled out of the side street right in front of him. He ~~I~ed if he c~ul~ go home with his father, who had recently arrived at the scene. Ofifiicer Duffy was fiold by Lieutenant Moor e and me that h~ had ~~ '~ t~ v~~lt c~r~ti! the ~'r-aff6c ~irrisio~ responded because. o~ the severity of the `.~ accident. I told him to stay warm, anal to wait In his father's c~~::~~~: Throughout my interactions with Officer Duffy, he appeared to beccoherent and reasonable. He walked about the scen e without impediment: At no time did I detect an odor of an alcoholic beve rage, nor slurred speech, - ~~ despite having talked to Officer Duffy multiple time s. ~ .. ~~. ~- At approximately Q330 hrs, members of the Traff ic Divi sion responded to '~~ ~~ . ,the scene, and the investigation was handed over to them. The :. ~ ~ investigation is ongoing. ~~~:,~:; ~~~ ~ ~~ R~ ~ .:.i' y ~ }~. `V I IJ ~ ti ~ ~ ~ ~~ ~ ..., ~. ~ Ser meant Dan;ei P. Dowd Worcester Police Department Operations Last Half' .. '~g#~;~ :F. +'1 ., .i ~~ '0a b~~ ~~ S` .~, ,. .. . > ~~rs~ c~ i S .. ` ' ~ ~ "~ JJ ~'~„Y~ ~oncesrF~. DEPAFZTMENT OF POLICE a~,~.,, hrj~' y'~f'" ~~ ,.' CITY OF WORCESTER QUO ~~~~ P `yR MASSACHUSETTS 01608-1 1 72 .. ~~~~ a,.. (508) 799-~SOQ GARY J. GEMME CHIEF OF POLICE To: Captain Aaron Theodoss FROM: Lt. James Moore DATE: 11/2910 SUBJECT: uNIT; Operations ~N~~ Operations Accident Officer Involvement On 11/28/10 at approximately at approximately 0250 hrs. I was requested to respond ~o 119 Hamilton St. in regards to an accident. Ambulance personal were on the scene along with fire. Two motor vehicles were damaged in the middle of 119 Hamilton St. Sgt. Daniel Dowd approached me and stated that this was possibly a fatality and that Gang Unit officer Thomas Duffy was involved. I asked if he was alright and Sgt. Dowd responded yes. That he was at the ambulance being treated and that he refused to be transferred by ambulance to the hospital. I observed officer Duffy being bandaged under his lower lip above his chin for a laceration. He appeared unhurt except for this cut. I then asked ofFicer Duffy what happened. He stated he was driving down Hamilton St, to his house when a car (Ma. Reg. 268bz5) a Cadillac CTS pulled out from Puritan Ave, onto Hamilton St. and he impacted with the car. Although there is not a stop sign at Pilgrim Ave. Hamilton St, is still the main road and officer Duffy has the right of way. At this time traffic was notified and on the way. While I was talking to officer Duffy I looked at where the vehicles were and it appeared this was the case but I was not positive and traffic would have to investigate. Officer Duffy a~lced ~eooeral tirvies the status of the other operator acid if she was alright. I stated she way_ in critical condition and that this was serious acciden#~ My observations were officer Dufy~ did not have slurred speech. He walked about, although injured, normall~~, and Y did not , detect an odor of an alcoholic beverage or rr~arij~ana coming frori him. r. Officer Duffy asked me if he co~iid leave and go home. His father had arrived and was going to take him home. I said he. had to wait till traffic arrived t4 be interviewed,on what happened at this accident. Becau~ it was cold he could sit in his father's car but he had to wait until traffic released him. Traffic arrived approximately 0330 hrs, and took over 6r~vestigat6or~ which is on going. Lt. James Moore Operations Division Last Half ~~ ~~~~~~ ~~a~~~ ~~ ~c~~a~~ _ ~c P~IC[ .~~ ~'y ~~ ~°"~ESrF 1-f~' DEPARTMENT OF POLICE ~ CITY OF WORCESTER h ~~ MASSACHUSETTS 01608-1172 y~,~~~94 AL~~{~w~ (508) 799-8600 GARY J. GEMME CHIEF OF POLICE To; Copt. Roger Steele Lt. Staple Roy FROM. pp, David R~thPrford DATE; December 7, 2010 SUBJECT: uNir: Community Impact Communit Im act UNIT. C~mm~ni~~~ ~Impa~t Request for Report Re: Kailee Higgins On November 26, 2010 P0. David Rutherford was assigned to a pay detail at the Centerfolds Nightclub 229 Southwest Cut-off. During my shift, I observed Kailee Higgins working as an entertainer, dancing and co-mingling with the patrons. Ms. Higgins also entertained privately in the "Champagne" lounge of the nightclub. It is possible that Ms. Higgins could have consumed alcohol in the "Champagne" lounge. At no time did I observe Kailee Higgins drinking an alcoholic beverage. ~~~ i~ PO. David Ruther~ord~`` Community Impact~i~ivision m ~~ ~L 0 z W ri ti w U7 c n~ i .. m m m m N m m ~~ ~c-, 0 ~ o4 ~~ ~~ 0 cti N m .m ~N c~ ~ _ If1 ~ N ~~ Print Dade: January 25, 20~t2 File I~iumaer. P~aiur~ FD Acc Euis'aprncnt F:031212 ~at,e:!I2&J10 236 Addres~s 7191-lAMILTON ST ~PlorcesEer MA 016{1 $tt~nctia~e: Affirm: P riarify: Urg~t Comments; me Encident Detail De Rurtoioe Tom 00:45:39 dd:(l0:13 4fl:00;13 X0:06:57 o~:oaaQ aiao:oa IIt281~4 U322:?A 04:38;42 11128!1011236:54- OO:OO:I3 1112&/10 02:36:54 00: 0:00 105110 02:4338 aO:Of44 Rimed: 11(28f10 42:36:41 Dis~ztche~ 4n+otStafinns Arrived: To Medical: AI,Medicai: Cleared: [.xn'~" ~ 1~'orcest~~ ~ir~ f~epar~rnent T~~ h~i ' n FD FD FD RetiredlFa~r Mernh~rs FD FD Tirne 2:41:58 2;45:59 2:4b:48 o~c~ ?~6~d 2A337 2;48:4? 32220 Responding On Scene QuLQfSuvice ~n '[Tie Air Respond'mg (~ Scene Om Ttie Air tus A7amerT"q]e ale 1 0~ 2 ~ vd~ Printed By; vesce~ak S1taEnsc Cornp7esa Nof~ 1Deta~ISingle t13/i 1 officer iu Charges l~nrs~ Cal)ay,Dispcid Chief' Ca11Ta~csr: Mrs~anKdlal6cr Dis~at~cr: KaitlpnCo~o~ Memher Making Re~wr~: Aail~mp M Spalatro Shift ShperYi~or. Division Ac~nns Taken CncidenE'~pe(s): Pr~ar~ R~porfed Description Am~aid~ b~as►c [ifa support 31 l F7rstRamon dcr, FF dro~z ambulances ❑ ■ ~ ~~) _ 322 Vshictea~ide~oi, witb infnries ❑ ❑ SEatementa: SfafementBatelTime Strnifieq Into Statemrnt5~ Commetnfs ~tity Sca iYo Persoe~ oX BusinesslVama )•Yo T~n~o2+rcd PasAZts data n,tiimrd, Involved RSne I~i~htErtsl: a~eli''dle ArAhony M Spalatro,Ca~xiQ Ga~a1d T Vuona,Firefigh~Jarncs F Gallery,Di~id C~iicf Ysul G Beriau, F"t~e~giitt~r Keith De1ag~ F'mefig4te~ e b?-Engines ~3-Chief Offccds C~ tJait Chrotrnt4~1[; l!n i~ _- m I mm ~; .n ~V e Tae 2,:a I ;S8 2:d6;Ol 2,46:Sa t Incident Ctei~il Respernd4ng Oo Same OnT}~e.4ir Ticnx:: A.~OAS:26 Stags ~ ~- ~ j Tana OAa:~5:52 Responding Oa Sceac On Tho Air i Er~tel~ed by xm~ O.OI}:05:49 '~'ypg Narrative Sxat+emer~t Type C _!~en..Sr•...'.. :~'£-ay_v ~ "A•'~ ion __- 1Narcester~ dire Department Uai[55~mmary: Ll~:EI-Engj~nes R1-I~ 3: ... Dais _l~,Tim~ 12I'[E2010 4;42:OOpI~ ua~ ' TJnifs Descrio0ao ~Iot~ Resources ~ ~ ~ Printed By: vescera4c - Ravlelved GY Lasf edit Rats 12#2tZ010 ...........-----..__...._.....--•--- ---.......... _ Status _ ~e4aikSingfe 11]lf 1 Wed on scene on arrival fort car with accider~f 2 iryuri~s one the vehilce f-boning other, her was vehicle trapped in v+ehide v~ serious head 2U's was Female that in IR i-boned a uyuries, Vicfim in atherv~hicfe had minor Ir►jurles gal did regv~st not transport er~trappment vehicle riospifal. fo l.ayed 1314 Requested reo~e and ladderoa ton~pnue ~o lace wi#!~ respondingwtule frying ~ exUicate victim through p2ssenger side vehicle. t)mass of FA on and E7cew were able (o extricate vic~m thru scene within EA min. Along with 2 passenger side of v~hide before arrival of Rescue t and Ladder 1. Discornn,ec2ed batterries on bo8~ vehicles. Fa requesi~d driver fir ambulance. Put E-7 out at f Seq No. .ti>.jxS ~.a,+:.~-s,..F:....SEA'- -~C' 9k t Narratives for Inciderrt Nurrib~r 2Q1000d{i39292? Yes Other Narratives nod authorized far print? None NarraYves this user authorized to prinL- Unit Su~rna~y; Uui~ R]-R escu~ 2;41:34 2;4$:8 2:46:48 Uu.it 5lcrrtma~y: (7nic: LI=t'mck or Axial i.l-Truck ar l~ia! 17nit Ghranmlo6v: Unit- °' Print D~te:.lanuary Zb,2032 0 0 H N 3 0 m m m m m r~m ~'° Q 0 i.c, --p o~ ~~ ~~ 0 ~V -~ -9 ~ ~I N~ ns ~ '7 -.~ m F,:~e 2at2 e~ ~ City~tt}o,~w/n/\W~her~e*^Crash Occurred i ~ ii Date/of~ C/rash .~V~ V ~~.~~ ~~ ~~~ Time of Crash #Vehicles ~;~~ AM _ ~ Involved: 1~~~ ~1 i(U i~L.o~J Please complete Section Ai or A2 below to indicate tl~e location of the crash. If you nee3 addirio~al s ace to describe the crash locaron. lease use Section J on the last aee of this form. ~u~+ ~i:`~gE3~ ~1: Complete this, Section: if' the crash .:' occurred at sn intersection of two or more streets: ~~ Sten 1: Please indicate the route or roadway where you tivare travelling when the crash occurred: Sten 1: Please indicate the route, roadway and address where the crash occurred: t Luis! t:~t. ,~ ~ Ste~2 Please provide as much of the folTo~ving specific location information as possible: St_ ep 2 What was the name (or names) of the intersecting streets? .l Route# 3~rz~~Address Number: on the StreeURoadway known as: Name of Roadway/Street ~~~–r~~ f the crash did' NOT occur at an The crash occurre~.p~-Ro~te~#: ~ ~~~v(I~~`v~ ~~/1~~; Router ~~+ Clf~~ E42: Complete fhisyectjo intersection: ~'i~- ; , The crash occurred (estimate number of feet) feet (indicate direction as N/S/E/W) ~ (~~ of _ _ _ ~ _ a) Mile Marker number Name of Roadway/Street OR: b) Exit Number Route# OR: c) Intersecting StreeURoadway Name of Roadway/Street Name of Roadway/Street Route# OR: d) Landmark 11 0 I 1 f P 1~ Number of occupants in vehicle (including yourselfl: Was vehicle damage above 51000? Yes No License Class -License State Date of irtl Age Sey Commercial Driver's LicenseEndorsements Dever s License Nuipber sg ~ ~I~y3~ _ ~~ ~~ ~M_F Your Full Name (Last, F' st, Middle) ~[D M A B Unknown C H T Street Address ~u_~~y ~~RS lam. T Ci X11 Insurance Company Hazardous Doubles/1'ri les N X Tank vehicles P Tank and Hazardous o State ~~ Passenger trans ort Zip ~~ Vehicle Regl~tration #F' Reg. Type Reg. State Vehicle Year Vehicle Make Indicate your type of vehicle 1 Passenger car 4 Bus (15 or more passengers) 2 Light hock (van, mini-van, 5 Bus (7-15 passengers) pick-up, sport utility) 6 Single-unit truck (2 axles) 3 Motorcycle 7 •Single-unit truck (3 or more axles) Full Name of Vehicle 6vmer (Last, Firsdle) 8 9 10 t1 Truck/trailer Truck hactor (bobtail) Tractor/semi-trailer Tractor/doubles 12 Tractor/triples 13 Unknown heavy truck 14 Motor home recreational vehicle Street Address ~u~r=y ~o,~~r ~ ~ ~— City/Town 97 Other 99 Unknown State Zip .mss. What Was Your Vehicle Doing Prior to the Crash? Vehicle Travel Direction N S ✓E W — — — Travelling straight ahead 2 Slowing or stopped 3 Taming right 4 Taming left 5 Changing lanes 6 Entering haffic lane 7 Leaving traffic lane 8 Making U-turn 9 Overtakinefpassing 10 Backing 1 l Parked 97 Other 99 Unknovm Please Indicate the Sequence of Events as they occurred to YOUR Vehicle by writing the corresponding number (1-52, or 97, 99) in pa to 4 boxes below. What happened first? a What happened 2id (if applicable)? Collision with I Motor vehicle in haffic 2 Parked motor vehicle 3 Pedestrian 4 Cyclist 5 Animal- deer 6 Animal- other 7 Moped 8 Work zone maintenance equipment 9 Railway vehicle (train, engine) 10 Other movable object 11 Unknown movable object 20 Curb 21 Tree 22 Utility pole o 23 24 25 26 z7 2$ ~9 30 3l 32 33 34 35 36 What happened 3~ (if applicable)? a Light pole or other post/support Guardrail Median barrier Ditch EmbankmenUSloping shoulder Highway traffic signpost Overhead sign support Fence Mailbox Crash cushion/Impact attenuator Bridge Bridge overhead structure Other fixed object (wall, building, tunnel) Unknown fixed object Vehicle Damaged Area Wasyour VehicleTowed From the Scene Due to Damage? _Yes Pale 2 _No (circle up to three) What happened 4'^ (i[ applicable)? ~ a Non-Collision 40 Ran off road right 41 Ran off road .left 42 Cross median centerline 43 Overturn/rollover 44 Equipment failure (blown tire, brakes, etc) 45 Fire/explosion 46 Immersion 47 Jackknife 48 Cargo/equipment loss or shift 49 Separation of units 50 Downhill runaway SI Other non-collision 52 Unknown non-collision 97 Other 99 Unknown ? 3 I ~_ 9 5 g ~ 6 4 0 None 10 Undercamage 11 Totaled 97 Other 99 Unknown -_ l8 !I ~0I A0 ~ ,.. ~, Please provide the frill name, address, and DOB or Age for ali passengers in your vehicle. Then vmte the corresponding code in each of the boxes for each occupant of die vehicle (yourself and all passengers). A list of the possible codes is provided at the bottom of this secrion. Driver (See previous~ge) ~:.~~5 ~. ~ ~~:~y ~L ................. .......... , ,=:,, :~, = - ~. Date of Sex A B Birth/A e MfF ~ ~ / ~ C. D ~ E ~ F G H ~ ~ / Name of Medical Facility _`54 2~ ni iL ?,~=t, -- / ~ l; ~(J Address Name of Passenger 1 (Last First Middle) Cityr!'owrt - State Zip Stare Zi dame of Passenner 2 (Last, First, Middle) Address ' Ci /roam Name of Passenger 3 (Last, First, Middle) Address City/Town A. Seating Position 1 Front seat -left side (or motorcycle driver) 2 Front seat - middle 3 Front seat -right side 4 Second seat -left side (or motorcycle passenger) 5 Second seat - middle 6 Second seat - righf side 7 Third row -left side (or. motorcycle passenger) 8 Third row - middle E. 0 1 2 3 99 Ejected From Vehicle? Not ejected Totally ejected Partially ejected Not applicable Unknown F. 0 1 2 99 State 9 t0 1! 12 t3 14 97 99 Third row -right side Sleeper secrion of cab Enclosed passenger area Unenclosed passen;er area Trailing unit Riding on vehicle exterior Other Unknown ~ 3 ¢ 5 99 Safety System Jsed None used Shoulder and ]ap belt Lap belt only Shoulder belt only Child safety seat Helmet Unknown G, Injured? 1 Fatal injury Non-fatal iniurv: 2 Incapacitating 3 Non-incapacitating 4 Possible Trapped? Not trapped Freed by mechanical means Freed by non-mechanical means Unknown 1 1 Zip E. 0 1 ? ~ 1 1 1~ 1 1 D. 1 2 3 4 99 Air Bag Switch Switch in ON position Switch in OFF position ON-OFF switch not present Unknown if switch is present Unknown ~I„Transported for Medical Care? 1 Not transported 97 Other 2 EMS (emergency service) 99 Unknown 3 Police 5 No injury 99 Unknown I C. Air Bag Status 1 Deployed-front 2 Deployed-side 3 Deployed both front and side 4 Not deployed 5 Not applicable 99 Unknown 1 Vehicle Damage Number of injured occupants; _~ ~'as .~fYes _No Moped? _Yes _No Hit and Run? _Yes —No above $1000. License Class Commercial Driver's License Endorsements Dnvbc r'License Numbers `License State Date of Birth Age Sex /~ A~ M ~ ~,~D — A — B -- C H N Hazardous Tank velucles P Pusrnger X= Tank and Hazardous — transport ~ — — __ M T _ Doubles/Iriples .'-3 ~ ~.~ ~JY,"7 ~ '_ Unknown i /”t~ Full Name of Vehicle Driver (Last, First, Middle) Stre Address Ci Stat Number of occupants in the Vehicle:,~_ /-~I GGinJS lG+lE--~ /►1 ~ Insurance Company ~ ,~tA5S ~ Reg. Type Vehicle Reglstratton. #t Vehicle Year Reg,State Vehicle Make Indicate type of vehicle 1 Passenger car 2 Light truck (van, mini-van, pick-up, sport utility) 3 Motorcycle 4 5 6 7 Bus (IS or more passengers) Bus (7-15 passengers) _ Single-unit wck (2 axles) Single-unit thick (3 or more a~cles) 8 9 10 11 Truck/trailer Tmck tractor (bobtail) Tractor/semi-trailer Tractor/doubles Full Name of Vehicle Owner (Last, First, Middle) 12 Tractor/triples 97 Other 13 Unknown heavy truck 99 Unknown 14 Motor l~omelrecreational vehicle Street Address City/Town /C~!- l ti~~ /~L 1-~1C i✓t1.5 Vehicle Travel ~yhat Was the Vehicle Doing Prior to the Crash? Direcrion 1 Travelling straight ahead 4 Turning ]eft 7 Leaving ha$ic lane ~N S 2 Slowing or stopped 5 Changing lanes 8 Making U-mrn _E _W 3 Turning right 6 Entering traffic lane 9 Overtakin~Jpassing 1 I ~ State 1 I Indicate the type of non-motorist involved 1 1 7 Pedestrian 10 Backing 97 Oder l l Parked 99 Unlrnown I ( 2 Cyclist 1 Zip NeiSS VIII 1 Vehicle Damaged Area(circle up to three) 3 2 4 0 None 10 Undercarriage eled I ~ 5 97 Otl g ~ 6 99 Unknown 11 3 Skater 97 Other 99 Unknown What was the non-motorist doing prior to the crash? I Entering or crossing location 6 Working on vehicle 2 Walking, running, or cycling 7 Standipg 3 Working 97 Other 4 Pushing vehicle 99 Unknown 5 ~ Approaching or leaving vehicle Date of Birtl~/Age Where was the non-motorist prior to the crash? 1 Marked crosswalk at intersection 6 Median (but not on sl~ou(der) 7 Island 2 At intersection but no crosswalk 3 Non-intersection crosswalk 8 Shoulder 4 In roadway 9 Sidewalk 5 Not in roadway I 0 Shazed-use path or hails 99 Unknown Fttll Name of Non-Motorist (Last, First, Middle) Street Address City/Town State Sex M F Safety .Equipment? 0 None used b Helmet 7 Protecrive pads (eibows, knees, etc.) 8 Reflective clothing Zip ~• 9 Lighting 10 Other 99 Unknown Injured? I Fatal injury Non-fatal iniurv: 2 Incapacitating 3 Non-incapacitating 5 No injury 99 Unknown Transported for Medical Care? 1 Not transported 97 Otlier 2 EMS (emergency service) 99 Unknown 3 Police If transported, please indicate HospitaUMedical Facility: 4 Possible Page 3 Licht Condirions 1 Daylight 2 Dacv~ 3 Dusk 4 k - lighted roadrvay S Dark - roadway nor Iighced 6 Dazk - unknown roa way lighting 47 Other 99 Unknown 1 2 3 a 5 6 7 8 97 99 Conditions(up to hvo) Clear Cloudy Rain Snow Sleet, hail, freezing rain Fog, smog, smoke Severe crosswinds Blowing sand, mow Other Unknown Trafficway Descripfion ~ ~~~. 1 wo-wa ,not rvided 2 Two-way, divided, unprotected tnedian 3 Two-way, divided, protected median 4 One-way, not divided 99 Unknown T rol Device Was the *raffic control device No controls l 2 functioning at s 3 Traffic control signal th time of the d Flasl»ng tra~~c control signal crash? 5 Yield signs 6 School zone sins I Yes 7 Wazning signs 8 Railroad crossing device 2 No 99 Unknown School Bus Related? Work Zone Related? 1 1 Yes ~ z _No Yes ~ 2 _No I 2 3 4 5 6 7 97 99 Manner of Collision 1 Sinele vehicle crash 2 Rear-end png~e 4 Sideswipe, same direction 5 Sideswipe, opposite direction Surface Dry et y Snow Ice Sand, mud, dirt, oil, gravel Water (standing, moving) Slusli Otlier Unkno~rn 6 Head on 7 Rear to rear 99 Unknown it I Noi at intersection Z Fur-wa intersecrion 3 T-intersection 4 y_~ntersechon ~ ~ rip 6 7 8 9 ~0 99 Offra~np Traffic circle Five-point or more Driveway Railway erade crossing Unknown Please draw a diagram of the roadway or streets wh ere the crash occurred,indicating the vehicles involved and direction of travel using the following symbols: —~ = Direction ~ -~]= Vehicle 1 (Yow Vehicle) ~ = Vehicle 2 O = PedestrianlNon-motorist =North I O Indicate North bY Arrow Road}3•ay Intersxfion Typ_ ` n ."+ Select one of the following if the crash did not occur on a public way: Off-street parking lot V Garage Mal]/shopping center _ Q`gr private way Witness Name (Last, First, Middle) Address Efioj~e {'i '. .J i r. ~~ Owner Name (Last, First, Middle) Address Phone Property and Damage e O ~1 N ic~.~ ~ ~ -~r~v ~uti~ ~~s~ o ~ l-~~ rn i:~ 9Jv n~ S7r~~ i~ 9~~. ~ir U ~'-av ~.e~ 1)~y.tcaE .~ Z ~UF1,.i n~~ ~02Tf! 0,~ ~c-~~~ ~~~ ~AC~F~ ~IKo~~t i~r~~l~~ 'Ai l4rn1~~~ S~~i~~'(tY"~la O~ ~~G~~- ~ Tr~u~ ~dou~ ~~~st u~ ~~rrb~ f'C~s~~~,~6. iti u~~or~s~ ~~ ~mm~i~ ~ ~,v ~ ~S—r'J~o ~c.,u~ I ~4~~L ~~~~. 1 h%i ~~!~T 1k rr~. ~~N i ~.~. Print under Pains and Penaltiu of Page 4 /l~ ~~""/1~ Date ~ ~'~'~~ 1`7ty ►~~U ~—~- 16Wid9wy ~~t~5 2.~.~. >..5,. ~< ~15~ i~'-1~ '~ --J __ LI ~ i 7: L LO ~6v~t~ So~aD l.,iRJ~ W L~ Cr~~~2i~ ~1~~ 2;~, ~/~v~. ~~~tiJl i l~~d %~ ~1~s- ~~~~D 1~~~ S►'~ ~A s~ tic w~,~ i 1 ~ ~~ ~ 2 ~v~~~- .L.e7` 1. ~ / ~~ ' ~~ - ~ ~~.~...~ ~2~ ~ ~ ~'l f ~ ~.~z ~-~ "~, Sfiatemen~. fir-, i/JZ~~ .~LLLc ,~~ _2 ~: ✓~~~~, f~~_._.._. D~te/~ime: ~~~~~ ` 3~ L~JC~tlOI ~~z~ WORCESTER POLICE DEPARTMENT T1~;AFFIC DIVISION ACCID~~N7'RECONS'TRUC~`~ION UNIT Witness Statement Page 1 ofI Name: Debra Sequeira Address: St Telephone: '!i' Statement taken at 136 Hamilton St by Officer Cowden on December 2 2010 at 1150 hours. ~ I heard a crash and looked out and saw two vehicles that had been involved in an accident. The white vehicle was in front of my house and the other vehicle was across the street with the front end facing the hydrant.I went out onto my front porch and observed the scene,the driver of the white car got out of the passenger side and at this point seemed wobbly, but that passed and he seamed fine after that. Some time later it looked like he bad a neck brace on after the officer took him over to the ambulance. There were a lot of police,fire and ambulances at the scene. It was getting cold so I went back inside. WO~ZCE~TER PONCE DEP.~RTMENT `T~;AIi`~~C I~~SION ACCID~~1'RECON,S7-'RUCTION UNIT Witness Statement Page 1 ofI °I i ?~i~%~~J ~ 2~r~ Name:--~ DOB: Address. Telephony:. ~ License #: Incident Number: ~II II~ ~~3 Date Of Birth: F Officer Taking Statement: ., E ~~~ Q~• Location: ~P'~ _- //~o io Date/Time ~✓ `~ ~'~(1 ~G 02 6.~9 ~,cs ~r ,~ Worcester Police Department Traffic Division Accident Reconstruction Team 508-799-8675 On Sunday November 28,2010 at approximately 2:30 am I heard a loud explosion. I sleep on the couch in the front room. I looked out the window and saw a dark car next to the hydrant and the other car in the middle ofthe street. I heard two horn beeps. I ran down the stairs to the end of my driveway,I noticed the guy walking around his vehicle talking on a cell phone. I dismissed him as ok so I went to the other vehicle. I walked to the car, the passenger side was in pristine condition,I went to the driver's side and saw the driver's side was all caved in and the air bag curtains were deployed. I lifted the curtain and I noticed a female with hair and blood on her face. I heard her gasping for air and her head was tilted back. She was non responsive but I kept talking to her telling her she was going to be all right. A police officer came and I motioned him to the female's car. The male operator was out and about talking on his phone walking around his vehicle. He appeared fine and not injured. He was also assessing the damage to his vehicle by leaning over. I never spoke to him. Statement by: Location: Sgt. John Fallavollita Date/Time: 12/02/2010 @ 12:15pm 123 Hamilton Street Worcester, Ma. On Saturday 27,28,I came into work,I said hello to Cali she was here already noticed her with a bottle water said hello gave a hug to her never noticed her much ofthe night. I work all the floor so never really communicated with her. There were several servers on the floor including a shot girl and massage girl never asked me for a drink. Server were Melinda and Sunny. My shifts starts at 7:002:00 Statement by: Location: George Kelly Date/Time: Centerfolds December 3,2010 1900 hrs ~~ ~° ~ Worcester Police Department Traffic Division Accident Reconstruction Team 508-799-8675 I arrived at work at 6:30 pm for my 7 O'Clock club shift. During the course of the night I did observe "Cali" entertaining guest as usual. At no time did I ever witness her consume any alcohol. To my knowledge she does not drink alcohol, as I have never witnessed her drink. At approximately 2:00 am I walked her to her car and engaged in a brief conversation in which I witnessed her finally leave the premises in perfectly sober condition. Statement by: Location: George Kelly Date/Time: Centertolds December 3, 2010 1942 hrs WORCESTER POLICE DEPARTMENT TRAFFIC DIVISION ACCID~~VTRECONS'TRUCI'ION UNIT Witness Statement Page 1 ofI Name: Robert McCabe Address: Telephone: Ik~~ "' License #: ~ I worked(manager)Saturday the night of 11/27/10. Kailee Higgins that night as aentertainer. She came in at appro~nately 10 pm and left at appro~ntately 1:45 While Kailee was here she did not appear to be under the influence of drugs or alcohol while she was working. She got in her vehicle shortly after the .lub closed. Officer Taking Statement: George M.Kelly # 286 Incident Number:115710 Date/Time: December 3,2010 2015 hrs. Location: Centerfolds Southwest Cutoff Worcester,Ma. ~~ Yh ~y F Worcester Police Department Traffic Division Accident Reconstruction Team 508-799-8675 Witness Statement Name: Address: Carroll, Robert E. Jr. __ SS #: DOB: Home Phone: Other Phone: On Saturday November 27,2010 I worked 7:30pm to Sam (Sunday). I am the floor host, I check identifications and handle any problems that occur. Kailee worked Saturday night and she left around 2:15am. She appeared to be fine,I didn't have any conversations with her. I did not see her drink anything and the time I have known her I have never seen her under the influence of anything. Statement by: Location: Sgt. John Fallavollita Date/Time: Centerfolds 12/03/2010 WORCESTER POLICE DEPARTMENT TI~;ATFIC DIVISION ACCID~~VTRECONSTRUCTION UNIT Witness Statement Page 1 ofI Name: Chalito Youssef DOB Telephone:+~l Address• License #• r On November 28,2010, about 215 in the morning.I was working at Road Runner Pizza, when Tom Duffy came in and purchased a small pepperoni pizza and I hid a conversation with him. He appeared very normal and I did not smell any alcohol on his breath. Officer Taking Statement: George M.Kellv # 286 Incident Number:115710 Date/Time: December 3.2010 1600 hrs. Location: Road Runner Pizza West Byolston St. Worcester, Ma. TR~~L CQURT QF ~fIA~~ACHUSETTS Worcester District SEARCHWARRANT G.L. C. 276 §§ 'I-T Worcester COURT DEPARTMENT DIVISION SEARCH WARRANT DOCKET NUMBER TO THE SHERIFFS OF OUR SEVERAL COUNTIES OR THEIR DEPUTIES, ANY STATE POLICE OFFICER, OR ANY CONSTABLE OR POLICE OFFICER OF ANY CITY OR TOWN, WITHIN OUR COMMONWEALTH: Proof by affidavit, which is hereby incorporated by reference, has been made this day and I find that there is PROBABLE CAUSE to believe that the property described below: ❑ has been stolen, embezzled, or obtained by false pretenses. ❑ is intended for use or has been used as the means of committing a crime. ❑has been concealed to prevent a crime from being discovered, ❑ is unlawfully possessed or concealed for an unlawful purpose. Q✓ is evidence of a crime or is evidence of criminal activity. ❑ other (specify) YOU ARE THEREFORE COMMANDED within a reasonable time and in no event later than seven'days from the issuance of this search warrant to search for the following property: Engine Control Module and the Restraint Module of 2007 LINCOLN Ma. Reg. VTEX16 VIN---2LMDU88C676J15794 Engine Control Module and the Restraint Module of 2005 CADILLAC Ma, Reg. 628BZ5 VIN---1 G6DP567750134447 0✓ at: Pats Towing Facility at 9 Casco Street Worcester Ma. which is occupied by and/or in possession of; Pafs Towing Facility at 9 Casco Street Worcester Ma. ❑ on the person or in the possession of (identify any specific persbn(s) to be searched): You ❑are ❑are not also authorized to conduct the search at any time during the night. You ❑are ❑are not also authorized to enter the premises without announcement, You ❑are ❑are not also commanded to search any person present who may be found to have such property in his or her possession or under his or her control or to whom such property may have been delivered. YOU ARE FURTHER COMMANDED if you find such property or any part thereof, to bring it, and when appropriate, the persons in whose possession it is found before the Worcester District Division of the Court Department. DATE ISSUED SIGNATURE OF JUSTICE, CLERK-MAGISTRATE OR ASSISTANT CLERK X FIRST OR ADMINISTRATIVE JUSTICE WITNESS: PRINTED NAME OF JUSTICE, CLERK-MAGISTRATE OR ASSISTANT CLERK TRIAL COURT OF MASSACFdUS~TT~ ~~~I=~~l~~B~~ F~~a ~~~~i~E`~ ~~~~I~I~~ ~.L. C. ~~~, ~~ '~-7 Worcester District NAME OF APPLICANT COURT DEPRP.TMENT Worcester Sgt. John Fafiavollita 7SITI01~ OF APPLICANT ~ -j '~' ~: i.~.,., DIVISION SEARCH WARRANT DOC~T NUMBER ~~~~S~.t} ~ -~olice Sergeant f, the undersigned APPLICANT, being duly sworn, depose and say that: 1. i have the following information based upon the attached a~davit(s), consisting of a total of ` v✓hich is (are) incorporated herein by reference. pages, 2. Bases upon this information, there is PRQB~,LLE CAUSE to believe that the properly described below: ❑ ❑ ❑ ❑ ✓[] ❑ has been stolen, embezzled, or obtained by false pretenses. is intended for use or has been used as the means of committing a crime. has been concealed fo prevent a crime from being discovered. is unlawfully possessed or concealed for an unlav~fiul purpose. , is evidence of a crime or is evidence of criminal activity. other (specify) . 3. I am seeking the issuance of a warranf to search for the following property (describe the property to be searched for as paiticularly as possible): Engine Control Module and the Restraint Module of 2007 LINCOLN Ma. Reg. VTEX16 VIN--2LMDU88C676J15794 Engine Control Module and the Restraint Module of 2005 CADILLAC Ma. Reg. 628BZ5 VIN---1G6DP567750134447 ~. Based upon this information, there is also probable cause to believe that the property may be found (check as may as apply): at {identify the exacf location or description of the places) to be searched): Pats Towing Facility at 9 Casco Street Worcester Ma. which is occupied by and/or in possession of: . Pats Towing Facility at 9 Casco Street Worcester Ma. ❑ on the person or in the possession of {identify any specific persons) to be searched): ❑ on any person present who may be found to have such property in his or her possession or under his or her control or to whom such property may have been delivered. THEREFORE, I respectfully request that the court issue a Warrant and order of seizure, authorizing the search of the above described places) and person(s), if any, fo be searched, and directing That such property or evidence or any part thereof, if found, be seized and brought before fhe court, together with such o±her and further relief that the court may deem proper. have previously submitted the same application. Have not previously submitted the same application. PRINTED NAME OF APPLICANT ~~ SIGNED UNDER jt. John Fallavollita ~ P NALT S OF P O Si n tur of A licant SWORN SUBSCRIB TO FOR x ~~i~ ~~. Signature of Jus~iea~.6lefk=tviagistrate or Assistant Clerk ~~/G /l DATE A F FID A V I T !N SJPPQRT ~F P.P?!!GATIQN FOR SEARCH WARRANT SEARCH WARRANT DOCKET NUMBER ~ ~~-S ~ TRIAL COURT aF MASSACHUSETTS 1y ~O~C f-°~ °~. _~ ~~''`~ I, Sergeant John Fallavollita, of the Worcester Police Department Traffic Division, Being duly sworn, depose and say the following on this November 30, 2010. am currently the supervisor assigned to the Collision Analysis &Reconstruction Team for the Worcester.Police Department. I have been a sworn Police Sergeant in the Commonwealth of Massachusetts since November of 1985 and a sworn in Police OfFicer since February 1976. I currently hold a Master of Arts degree in Criminal .tustice. I have investigated and reconstructed over one hundred-fifty motor vehicle collisions involving one or more deaths and serious bodily injury. I have extensive training and experience in the field of collision reconstructiQn.and I am certified as a Collision Reconstructionist. I have testified as an expert in collision reconstruction in District Court throughout the Commonwealth of Massachusetts. On Sunday November 28, 2010 @approximately 0236 hrs.(I# 2010000 1571,0) Sgt. Fallavolita, Officers Cowden, Gemme and.Keily of the Accident Reconstruction Team were activated by the Southeast Sector Sergeant Paul Dowd to reconstruct a Side Impact Crash with Serious Injury in the area of Hamilton St. and Puritan Ave. Hamilton St. and Puritan Ave are public ways within the City of Worcester. Hamilton St. is a four lane non divided roadway allowing traffic to travel both east and westbound. The roadway is divided by a double yellow solid line clearly marking the separation between both lanes: Both the east and westbound lanes are further divided by a single white skip tine on both sides of the roadway. The total width of the roadway is approximately is 72 `3" wide the lane width varies from 10' to 24' on the eastbound side, and 11'7" to 25'5" on the,westbound side. The total lane width on the westbound side is approximately 37'2" wide, and 35'10" on the eastbound. Hamilton St. is absent of fog lanes on both sides of the roadway. Puritan Ave is a one way street with a northerly direction of travel exiting on to Hamilton St. Scratching and gouging of the roadway place the Point of Impact in the Northeast travel lane (left lane) of Hamilton St. The Point of Impact was marked approximately 29'8" form the curb line in front of 130 Hamilton St. The blue 2005 Cadillac CTS VIN: 1G6DP 567750134447 Massachusetts Registration 628BZ5 came to Uncontrolled Final Rest approximately 7:.5 feet east ~f the Point of Impact facing westbound in between both eastbound travel lanes. The white 2007 Lincoln MKX sport utility VIN: 2LMDU88C67BJ15794 Massachusetts Registration VTEX16 came to an Uncontrolled Final Rest approximately 80 feet east of the Point of Impact in the.westbound travel lane partially upon the grass area outside the roadway. The crash scene was secured by Operations Personnel and all traffic was rerouted around the crash scene. The Worcester Fire Department Engine 7, Ladder 1, the- Rescue Squad and Car 3 Deputy Chief CaBlery along with the University of Massachusetts Paramedic Unit # 4~;Greg Pianka and Paul Gomes responded to the scene. Paramedics treated and transported a single victim to the University Qf Massachu~et#s Medical Center 55 North Lake Ave. Worcester, Ma. PAGE 1 OF 2 PAGES OF THIS AFFIDAVIT The make, model, and year of the impacting vehicles are equipped with an engine control module and restraint module. This officer is respectfully requesting to seize these modules and recover any data stored therein. This data may include information related to this collision and stored within the module's electronic memory. The data stored may include (but not be limited to)the vehicles speed upon impact, the engine RPM's, the engine per-cent throttle, brake applications, engine fault codes and other non-crash related data. These parameters may assist the Worcester Police in their investigation of this collision. This officer, as well as other members of the Worcester Police processed the scene of this collision and the two vehicles were transported to a secure area at Pat's Towing facility at #9 Casco St. in the City of Worcester where it was secured for further examination. Based on the investigation up to this point, and my.training and experience, this affiant deems that there is probable cause to believe that the engine control module and the restraint module in the aforementioned vehicle's the blue 2005 Cadillac CTS VIN: 1 G6DP 567750134447 Massachusetts ,,, assachusetts, din ~ Registration 628BZ5 owned by Kailee M. Higgins of d and the white 2007 Lincoln MKX sport utility VIN: 2LMDU88C67BJ15794 Massachusetts• Registration Massachusetts contains evidence VTEX16 owned by,Thomas B. Duffy of relative to the cause of this collision and contributing factors Which resulted in this collision. This information will assist in the investigation of this collision being conducted pursuant to the requirements set forth in Massachusetts General Laws Chapter 90 Section 29. Pursuant to General Laws Chapter 276 §§ 1-7, this affiant requests authorization to examine, photograph, and seize the aforementioned control modules. The Engine Control Modules, Restraint modules and any data therein, may be accessed, retrieved, examined, photographed and seized for Further analysis from the aforementioned 2005 Cadillac Massachusetts Registration 268BZ5 and the 2007 Lincoln MKX Massachusetts Registration VTEX16. PRINTED NAME OF AFFIANT SIGNED UN 1 Sgt. John Fallavollita X SWORN AND SUBSC X ~~ R HE PE R S OF PE ~"[1 Y ~~ ~~~ Si nature f Affiant ED TO BEFORE t.~-~~ Signature o£er]F~istrate or Assistant Clerk PAGE`2_OF 2`PAGES OF THIS AFFIDAVIT Date ~G~2-Sw G~`~ ~~~~~ ~~ ~~~~~~~ ~~~~~9~~~ ~~~~~~ ~~9~~~~' A search warranf must be executed as soon as reasonably possible a~Yer its issuance, and in any case may rot be valid executed morn ;hen ?days a;t~r ifs issuance. The executing ofricer must nle his or her return with the cou,-t named in the warrant wirhin 7 days arter the warrant is issued. G.L c. 278, §3A. This search warrant was issued on ~~j"-~~' 20 ~~ , and i have executed it as follows: DATE 3. ~~/~ ~~ 4. )~ 6• 7. a ~~A~~ \ ~~~~ dim ~~% ~l ' 1 ~ ~~\ /~ ~~ I ~i ' / V ~~Y I c/' /~ ~e .~' ~ ~~ g. 9. 10. 11. .. - _ 12. -- '13:~~ 14. 15. 16. 17. 18. 19. 20. (attach additional pages as necessary] This inventory was made in the presence of: ~ ~ i~~`~ ~G' -~~f p ~~~ r`~~i\ ~~~/ i ~ ti✓ ~~ N swear that this inventory is a ttua and detailed accouni o; all property Oaken by me on this sea;ch warrart. ~i~lATURE OF PERSON MAKING SEARCH DATE ~~~'j D TIME OF SEARCH ~f ~ O"~ ~.~~ f -~ X SWORN AND SUBSCRIBED TO BEFORE Signature of Justice, Clerk~tJagisfrale or Assistant Clerk HINTED f~IAME OF PERSON hAAfC1NG SEARCH TITLE OF PERSON MAKING SEP,RCH DATE SWORN AND SUBSCRIBED TO ! E i WI~tGA L ~o2.~S .. . '~;~"°"- ~~Y^'~ ~.~;:a'~ ~ ~~ ~ ~ ~~ ~ ~. ~ ~ ~~~~"~ ~ ~.rr ~ ~.~-• v• 4~~j ~~ ' _~ Worcester District ~~Y UVorcester COURT 4EPARTU;ENT ~ DIVISION S~RCH UVARR?,NT DOCKET NUtv1EER ~~~-S~o~~~ ~ ! 40.J I ~a ~9`3~~`3"~~9~`~ ~'a~' ~~~~'i ~~~~l~~. `b~+~3~9~saa~~ ~"a~~ ~ar~~~~~i~~~ee~~, s~e~°~~e ~~r'~a~~ ~~~.d~~ Proof by a~idavit, ~Nhich iS ~18Pv~by iliCOi'~Oi~#8C~ ~~ ~efiererc~, i;as ~~en made ibis uay and ~ i~n~ t"at there is a~R~B~~L~ C.~USE #o believe thai ihE ~rope~fy descried beiovv: __. __ ❑has beer~_stolpn,.~mbez?led, or obtained by false ~r~t~nses. Q is inter~c~Pc~ fit' ?ss~ or h2s been ~jG~d ?s ?t?~ means of comrni~ting ~ crime. ❑ has been conceded to~prevent a crime firor~ being discavered. is unlav~rfulfy ~oss~ss2d or concealed for an unlav~ul purpose. ✓Q is evidence of a crime or is evidence of criminal activity. ❑ other (specify) -' . ~~E! A~~ T~8E~2~cO~L ~~~~'96~A~9~3~~ within ~ revsorabie titn~ and in no event later than seven days Trom the issuance of this search warrant to search ror the following property: ~"~ - Emergency room_records of medical treatment, including any diagnoses, laboratory, and toxicology reports for Kaiiee M. edical record number 001906235 as listed on her ER face sheet dated''l1/28/10. Higgins DOB ✓Q at: University of Massachusetts Medical Center, University Campus, 55 Lake Ave North Worcester,Ma. which is occupied by and/or in possession of: Uni~ersity of Massachusetts Medical Center, University Campus, 55 Lake Ave North Worcester,Ma. ❑ an ti-~e person or .n i~~e ~osszssion of ~'i~ertify any s~eci~ic p~rson(s) to be sea;ched): You ❑ are ~ ars nog also au#horized to conduct the search at any time during the night. You ❑ ar? ~~re not also.au#horned to en~er the premises without announcement. You ❑are ( are not also commanded to saarch 2ny ~ers~n present v~ho may be found ~o ha~ie suc property in his 6r her possession or under his or her control or to whom such ~raperty may have been delivered. Y~~9 ~~E ~!l~TF~~R C~~r9iUlA~~~~ if you ind such property or any pad thereof, b b.ing it, and uvhen appropr~ata, the persons in whose t~ossession it is found her'ore the ~1V1SiOil O~ iiis ~f~IC r,S~~ i 9 DA7E ISSUED ~/ ~-r~ ~ FIRST OR ADMINISTRATIVE JUSTICE ~ l-~ ~' I F 1~ ~U 11Uorcester District ' S1GNt1TUP.E F JUG '- L^,~~;(~ ~~~,~s-i*(;C7t. COK JIAGISTP.ATE OP. AS~~S;R~JT CLE.°.K PRINTED NAME OF "10~,--~~~~K-MAGI$TR4TE OR,ASSISTANT CLERK ~ ~r~,~a L~_ St2-~~ ~ ~•~-• ~. ~~~~ Worcester District ~ ~°~ COURT DEPARTMENT Worcester NAME OF APPLICANT Sgt. John Fallavollita oivis~oN SEARCH WARRANT DOCKET~~BER POSITION OF APPLICANT Q ~~ Police Sergeant t.,~} ~ 1, the undersigned ~FP~IC~P~7, being duly sworn, depose and say that: pages, t(s), consisting of a Total of 1. l have the following information based upon the attached affidavi ce. which is (are) incorporated herein by referen that the property described below: 2. Bases upon this information, there is PROBABLE CAC~~E to believe has been stolen, embezzled, or obtained by false pretenses. crime. ❑ is intended for use or has been used as the means of committing a ❑ has been corcealed to prevent a crime from being discovered. is unlawfully possessed or concealed for an unlawful purpose. 0is evidence of a crime or is evidence of criminal activity. ❑ other (specify) y (describe the property to be ng 3. I am seeking the issuance of a warrant to search for the followi propert e): possibl as searched for as particularly laboratory, and toxicology reports for Kailee M. Emergency room records of medical treatment, including any diagnoses, 0. medical record number 001906235 as listed on her ER face sheet dated 11/28/1 Higgins DOB the properly may be found (check as may as apply): 4. Based upon this information, there is also probable cause to believe that ed): at (identify the exact location or description of the pface(s) to be search Ave North Worcester Ma. University of Massachusetts Medical Center, University Campus, 55 Lake which is occupied by andlor in possession of: Ave North Worcester,Ma. University of Massachusetts Medical Center, University Campus, 55 Lake ed): on the person or in the possession of (identify any specific persons) to be search her possession or under his on any person present who may be found to have such property in his or or her control or to whom such property, may have been delivered. of seizure, authorizing the search of THEREFORE, I respectfully request that the court issue a Warrant and order g that such property or evidence or directin and ed, search to be any, the above described places) end person(s), if r with such other and further re(ief~that any part thereof, if found, be seized and brought before the court, togethe the court may deem proper. have previously submitted the same application. Q Have raot previously submifted the same application. SIGNED PRINTED NAME OF APPLICANT r 1 x Sgt. John Fallavollita S~sWORN ~~~B TO/ BF,~R Signature of~4!~Magistraie or Assistant Clerk ~ DE HE~NAL ~S a ~,~~ P JURY ~~'%C/tSi nature of A licant / // ~ DATE A~FIDA.VI'~' IN ~tJFPORT OF ARRLICAT~ON FOR SEARCH WARRANT SEARCH WARRANT DOCKET NUMBER T~;lAL GOl~E~T QF l~AS~AGF€USETTS Ja ~~--5~~ ~ ~~ ~ ':c ": ~1;•,s Division, I, Sergeant John Fallavollita, of the Worcester Police Department Traffic Being duly sworn, depose and say the following on this November 30, 2010. ion Team for.the am currently the supervisor assigned to the Collision Analysis &Reconstruct the Commonwealth of Worcester Police Department:~ I have been a sworn police Sergeant in February 1976. I currently since Massachusetts since November of 1985 and a sworn in Police Officer reconstructed over one hold a Master of Arts degree in Criminal Justice. I have investigated and serious bodily injury. I have hundred-fifty motor vehicle collisions involving one or more deaths and I am certified as a Collision extensive training and experience in the field of collision reconstruction and on in District Court throughout Reconstructionist. I have testified as an expert in collision reconstructi the investigation and the Commonwealth of Massachusetts. Additionally, I have participated in the influence of subsequent arrest of numerous persons for operating a motor vehicle while under ethanol.alcohol and various drugs. ion of a Motor have probable cause to believe that evidence of the crimes of Negligent Operat Campus 55 North Lake Vehicle (G.L. c. 90, sec. 24), will be found at UMass Medical Center, University (2) copies of-the records of Avenue, specifically:(1) blood, serum, and urine samples taken from and reports, for medical treatment, including any diagnoses and laboratory and toxicology of Treatment November 28, .Date of Kailee M. Higgins DOB ing paragraphs, which 2010. My conclusion is based on the information contained in the follow learned through my own investigation. s was operating On Sunday November 28, 2010 at approximately 0236 hours, Kailee M. Higgin public way within the City of a 2005 Cadillac Massachusetts registration 268BZ5 north on Puritan Av a to yield the right of way to a Worcester Massachusetts. At tl~e intersection of Hamilton St, she failed a left turn. This action of failing motor vehicle on Hamilton St as she entered onto the road way making s crash. to yield to on coming traffic while making a left turn, caused this seriou Massachusetts Medical Emergency personnel transported Kailee M. Higgins to the University of tly listed in critical condition. Center University Campus at 55 Lake Av North in Worcester and is curren of UMass Medicalhave learned through my training and experience that while in the care ency room emerg ing Center, University Campus in Worcester, MA;`' it is customary for the attend of medical diagnoses and physicians to draw blood, serum, and/or urine samples for the purpose b{ood andlar ur;ne samples for treatment. Furthermore, it is customary for the hcspiial to analyze these learned through my training and the presence of alcohol and other intoxicating substances. I also have Campus maintains experience and in past investigations that UMass Medical Center, University ent filing systems and.in records of treatment and laboratory test results both in conventional docum ary to determine what factors computer databases. In order fully to investigate this incident, it is necess injuries. Said factors might explain Kailee M. Higgins negligent operation,.resulting in her critical tion, and drug and include, but are not limited to, apre-existing medical condition, fatigue, inatten alcohol intoxication. PAGE f OF ~PAGES aF 'TI-~IS ~FIDAVIT (U(~ ~~wo~ `1 5 ing the seizure of the aforementioned records of A warrant, therefore, is requested authoriz ~pde~, toxicology resut~s), wood, serum, end ur:r~e sarr medical treatment,(including raboratory and se of obtaining the samples, and any subsequent cour the in d rate gene k rwor pape ed ciat asso um, and ital. Upon receipt of this evidence, the blood, ser toxicological analysis performed by the hosp ry for rato Labo me setts Department of State Police Cri urine samples will be submitted to the Massachu ose. will be seized and examined with the same purp analysis. A copy of the records of treatment University er, loyees of UMass Memorial Medical Cent Furthermore, I believe that the assistance of emp ital as of this search warrant in order to disrupt the hosp Campus would be essential to the execution opriate appr the e ts of other patients. It is necessary to hav little as possible and protect the privacy righ es of employee direct me to and assist in making copi UMass Medical Center, University Campus y to ssar nece also is m, and urine sample results. it Kailee Higgins medical records and, blood, seru the location University Campus Employee directs me to er, Cent cal Medi ss UMa ate opri appr the have a civilian urine samples. As such, I request permission for of Kailee Higgins actual blood, serum, and ch in ty Campus to assist in the execution of the sear ersi Univ er, Cent cal Medi ss UMa at ee loy emp actual blood, serum, and urine sample. attaining copies of the records as well as the Y SIGNED UNDER THE PEDiA~I'JES OF PERJUR of Affiant SWORN x SUBS RIBED TO BEFORE ~~ ~ ant Clerk Signature of~k ~~:~:-':?agistrate or Assist Date IDAVIT PAGE~_OF~_PAGES OF THIS AFF ~~~ ~~r~. ~;~9.~~ ~~~;~'T C9~ ~;,~5~~;~9i~~~'~'~ ~ ~:~ ~ ~ ~ ~_ ~~f ~L~"'~id~~ ~ ~ ~ Worcester District ~ ~~„ ,RT ~_...~-: FPA i~n~~,~T i.3~~~'.a~ Worcester ~•~ ~ ~• ~~~3 "~.3~ ~ 9~ DIVISION SE.A~CN WAfRI~-~Ni DOCKcT i~Uf413ER ~~lY ~ ~ c-4,/ ~~ ~6~8~ ~~~94~~~~ ~a~~ ~..d ~.a3 t1 'L ~'~~~~~~~ ~V FI RS ~`d~~~d ~~~~~~~~ 'J~ ~~~ EJ~i`B~ n T4~~~ ~Vi~~~~~G~ E~~4~~ HIL~~ ~8'b~ tiJ iL~~Fo ~tl i ~~~~~J~ ~~~1~~~ V~ ~~~7 ~~ 1 `~ ~~ ~~ V'! 69~ i~~~~V~ ~!t tl~~~ ~~9i ' C~3V~~~~`V ~~~~~~~~~ ~ Proo~ by a7~davit, which is ~erzby incorNOrat~~ by ref~rznca, I;~s beep ;~ad~ tt~is.day ar~~ J Ord ~h«t ~her~, is ~~~~~~L~ C~~S~ ±o believe that.the property described below: Q has aeen stolen, embezzled, cr ob~air~ed by False pretenses. ❑ is intended for use or has been ~JSed as the means of committing a crime. ❑has been concealed to prevent a crime from being discovered. is unlawfully possessed or concealed for an unlawful purpose. Q is evidence of a crime or is evidence of criminal activity. ❑ other (specify) ~ YOU A&~E ~'~~~~~a~~ C~E4~1M,~~l~Ef~ within a reasonable time and in no event later than seven days from the issuance of this search warrant to search for the following property: Records of Medical Treatment including Laboratory and Toxicology results, blood, serum, and urine samples. All associated paperwork generated in the course of obtaining the samples and any subsequent toxicology analysis R medical record number performed by the hospital. the request is being sought for Kailee M. Hggins DOB Q at:. The University of Massachusetts Hospital Laboratory at One Biotech Suite 365 Plantation St Worcester Ma. which is occupied by and/or in possession of: The University of Massachusetts Hospital LaboratoN at One~6iotech Suite 365 Plantation St Worcester Ma. ❑ on the person or in the ~ossessi~n of(id~nti;y any spec#fc person(s) to be saarched):. You ~ars You ~ are not also authorized to conduct the starch at any time during the night. are not also authorized to enter the premises without announcement. You ~_}-~re t_l are nat also commanded to searci~ any ~ers~n present who may ~e ~ou~d to have such property in his or her possession or under has or hzr c~ntroi or to whom such property may have been delivered. ~109J ARE F~DR3t~E~2 ~O~riMA~l~3~~3 ifi you end such property or any part thereof, to bring it, and when appropriate; the persons in whose Dosses ten it is found ~e;ore t":e Worcester District ,,{~ . ~{,{l' c -~ < Dsv;sien of the G~+art ~epariment. i ^ISTi=ci•,T'" A~SISiAivT CLcRK ~ 5lGidAiURE Or J ' + r,F ri ~-~;_•~i~v DATE ISSUED ~'~ % 9 ✓ / ~~~1. l~ q~! ~ FIRST OR A MINISTRATIVE JUSTICE ~0~~~9e~: ~lY~ ~/G 4— f~• ~ 3~a PRINTED NAME OF ~r L~ ~ ~~1~ / ~. '„tl..~, ~.t-eRK-MAGISTRATE OR ASSISTANT CLERK /T~(il~G f Worcester District ~~~-• ~• ~~~~ ~~ `~ °~ NAME OF APPLICANT Sgt. John Fallavollita COURT DEPARTfU~ENT Worcester ~ DIVISION SEARCH WARRANT DOCKET NUM POSITION OF APPLICANT R`~ ~f ~ ~.~~? Police Sergeant I, the,undersigned /~~PL6CA~"i', being duly sworn, depose and say that: 2 pages, I have the foilawing information based upon the attached affidavit(sl, consisting of a total of . by reference which is (are) incorporated herein described below: 2. Bases upon this information, there is PRO~AB~E C~.USE to believe that the properly 1. ❑ has been stolen, embezzled, or obfained by false pretenses. ❑ is intended for use or has been used as the means of committing a crime. ❑ has been concealed to prevent a crime from being discovered. []is unlawfully possessed or concealed for an unlawful purpose. is evidence of a crime or is evidence of criminal activity. ❑ other (specify) to be 3. (am seeking the issuance of a warrant fo search for the following property (describe the properly searched for as particularly as possible): urine samples. All Records of Medical Treatment including Laboratory and Toxicology results, blood, serum, and y analysis toxicolog nt subseque any and samples the of obtaining associated paperwork generated in the course record number medical R DOB Hggins M. Kailee per#ormed by the hospital. the request is being sought for may be 4. Based upon this information, there is also probable cause to believe that the property ~/] at (identify the exact location or description ofthe places) to be searched): The University of Massachusetts Hospital LaboratoN at One Biotech Suite 365 Plantation found (check as may as apply): St Worcester Ma. which is occupied by and/or in possession of: r The University of Massachusetts Hospital Laboratory at One Biotech Suite 365 Plantation St Worceste Ma. on the person or in the possession of (identify any specific persons) to be searched): under his on any person present who may be found to have such property in his or her possession or . or hey control or to whom such property may have been delivered ng the search of THEREFORE, f respectfully request that the court issue a Warrant and order of seizure, authorizi or evidence or property such that directing and , searched to be eny, if , person(s) and the above described places) relief that further and other .;any part thereof, if found, be seized and brought before the court, together with such the court may deem proper. ❑ have previously submitted the same application. -Have not previously submitted the same application. SIGNED UNDER H P i ALTIE PRINTED NAME OF APPLICANT ~ ~~ ~ Sgt. John Fallavollita SWORN NND S ~ Y F ~jt/~~~/~,~ Si natu e of a IicanC SCRIBED BEFORE ~i~ G Signature of ce, C rk-hhagistr e or ssista Cle ~ DATE J G'~~ ~L'~{/ in any case may not be valid execufed more than 7 days after A search warrant must be executed as soon as ressona6ly possible aifer iisissuance, and within 7 days after the warrant is issued. G.L. c. 276, §3A. fhe warrant in named courf with the return her his or must fife its issuance. The executing officer This search warrant was issued on 20 ~%f~ , and I have executed it as follows: :~~ ~ DATE 1. ~ ~~ 5. 6. 7. 8. 9. '!0. 11. 12. 13. 'i 4. . 'i 5. 16. 17. 18. 19. 20. (attach additional pages as necessary) This inventory was made in the presence of: ~~~ ~~-'l /~~ ~~~~'L'~~"C' ~~C~~-'G''~ swear that this inventory is a true and detailed account of a(I property taken by me on this search warrant. SIGNATURE OF PERSON MAKING SEARCH DATE AND TIME OF SEARCH j~~ ~0~~ PRINTED NAME OF PERSON MAKING SEARCH TITL OF PE SON A4AKING SEARCH SWORN AND SUBSCRIBED TO BEFORE ~r- ~~ ~i Signature of Justice, Clerk-Magistrate or Assistant Clerk DATE SWORN AND SUBSCRIBED TO r`,s.r.c. ~Hl~ ~c ~=. TRIl~L COURT OF f~7ASSACHUSETTS ~~~~~ r 1!~~~~~~ G.L. c. 270, §§ 1-7 DIcfCECf COURT DEPARTf~iENT Worcester DIVISION SEARCH WARRANT DOCKET NU !~" ~ ~c>GLi ER /P TO THE SHERIFFS OF OUR SEVERAL COUNTIES OR THEIR DEPUTIES, ANY STATE POLICE OFFICER, OR ANY CONSTABLE OR POLICE OFFICER OF ANY CITY OR TOWN, WITHIN OUR COMMONWEALTH: Proof by affidavit, which is hereby incorporated by reference, has been made this day and I find that there is PROBABLE CAUSE to believe that the property described below: _ Q 0 ~ Q ~ Q has been stolen, embezzled,,or obtained by false pretenses. is intended for use or has been used as the means of committing a crime. has been concealed to prevent a crime from being discovered. is unlawfully possessed or concealed for an unlawful purpose. is evidence of a crime or is evidence of criminal activity. other (specify) YOU ARE THEREFORE COMMANDED within a reasonable time and in no event later than seven days from the issuance of this search warrant to search for the following property: Digital Photographs Any and all Digital Photographs of the Verizon LG model cellular phone to include photographs of all text (TXT) messages stored on the cellular phone, Retrieval of ail incoming/outgoing phone call information made by that phone. Retrieval of all voice rriessac~es from that phone Retrieval and analysis of the SIM's card of the Verizon LG cellular phone. 'Inn I ~ cellular ~hnnp Ic~Pnt.. Retrieval of any and all digitai~ data contained within ` ~ afi Black Verizon LG Mobile Cell Phone which is occupied by and/or in the possession of: Worcester Police Department Traffic Division ~ on the person or in the possession of: You You are Q are not also authorized to conduct the search at any time during the night. are not also authorized to enter the premises without announcement. You -~_~~~'e—CJ are not also commanded to search any person present who may be found to have such property in his or her possession or under his or her control or to whom such property may have been delivered. YOU ARE FURTHER COMMANDED if you find such property or any part thereof, to bring it, and when appropriate; < < the ersons whose o session it is found before the Court Department. ,~/ ~ P ~~%~~ p ~ Division of the DATE ISSUED r ;- z ~m/~~ ~ a~l~U FIRST OR ADMIrt(STRATIVE JUSTICE VIl{TNESS: TC_~W_1 /7/R91 '~' PAUL F. LOCON~"Q M SIGNATURE OF ~ PRINTED N EO ,C E ,ASSISTANT CLERK TOR AS ITANT CLERK APPLICAI"fON FOR SfEARCH WARRANT TRIAL COURT OF MASSACHUSETTS ~ G.L. c. 276. §§ 1-7 R~AME OF APPLICANT Sgt. John Fallavollita ~SITION OF APPLICANT DIStfIGt COURT DEPP,RTMENT Worcester DIVISION SEARCH WARRANT DOCKET NUMBER Po~ice Officer /p(~~~~/ G ~ (, the undersigned APPLICANT, being duly sworn, depose and say that: 1. I have the following information based upon the attached affidavit(s), consisting of a total of which is (are) incorporated herein by reference. 3 pages, 2. Based upon this information, there is PROBABLE CAUSE to believe that the property described below: [~ [~. Q Q ~ Q has been stolen, embezzled, or obtained by false pretenses. is intended for use or has been used as the means of committing a crime. has been concealed to prevent to prevent a crime from being discovered. is unlawfully possessed or concealed for an unlawful purpose. is evidence of a crime or is evidence of criminal activity. other (specify) 3. I am seeking the issuance of a warrant to search for the following property (describe the property fo be searched for as particularly as possible): Digital Photographs Any and all Digital Photographs of the Verizon LG model cellular phone to include photographs of all text (TXT) messages stored on the cellular phone. Retrieval of all incoming/outgoing phone call information made by that phone. Retrieval of all voice messages from that phone Retrieval and analysis of the SIM's card of the Verizon LG cellular phone. I~IPntific^atinn of the serial numhPr of the Vari~nn I C~ ~PI~~llar ~h[1.CIe Retrieval of any and all digital data contained within 4. Based upon this information, there is also probable cause to believe that the property may be found check as many as apply): ~ at (identify the exact location or descrip#ion of p/ace(s) to be searched): Black Verizon L.G Mobile Ceil Phone which is occupied by and/or in the possession of: Worcester Police Department Traffic Division (~ on the person or in the possession of (identify any specific persons) to be searched): Q on any person present who may be found to have such property in his or her possession or under his or her control or to whom such property may have been delivered. THEREFORE, I respecfully request that the court issue a Warrant and order of seizure, authorizing the search of the above described places) and person(s), if any, to be searched, and directing that such property or evidence or any part thereof, if found, be seized and brought before the court, together with such other and further relief that the court may diem proper. Q have previously submitted the same application ~ have not previously submitted the same application PRINTED NAME OF APPLICANT SIGN~~JN~ TH PE Sgt. John Fallavoilita ...... _.---.._...__.._..__ SWORN AND SUBS X c ~ IBED F PERJU Y ~,~ e-, -`BEFORE X ~ ~~~G'~ ~~~f gna ure of TC-SW-1 (7/89) LTI ~ te_or_Assistant Clerk / DATE SEARCH WARRANT DOCKET NUMQER A F F t D A V! T !td SUPPORT ~F ~F~L~~ATlOty FQR SEARCH WARRANT TRIAL COURT OF MASSACHUSETTS ~~~ !~ / ~~(/ ~~ G~ 71/ "(~~4 i, Sergeant Johr Fa!lavollita, cf the Vb'or~ester Police Depdr~m~nt iraffic Division, Being duly sworn, depose and say the following on this December 09, 2010. 2. I am currently the supervisor assigned to the Collision Analysis & Reconstruction Team for the Worcester Police Department. I have been a sworn Police Sergeant in the Commonwealth of Massachusetts since November of 1985 and a swor~r in Police Officer since February 1976. currently hold a Master of Ards degree in Criminal Justice. I have investigated and reconstructed over one hundred-fifty motor vehicle collisions involving one or more deaths and serious bodily injury. I have extensive training and experience in the field of collision reconstruction and I am certified as a Collision Reconstructionist. I have testified as an expert in collision reconstruction in Worcester and Clinton District Court as well as Worcester Superior Court. 3. 'On Sunday November 28, 2010 @approximately 0236 hrs. (I# 2010000115710) Sgt. Fallavollita, Officers Cowden, Demme and Kelly of the Accident Reconstruction Team were activated by the Southeast Sector Sergeant Daniel Dowd to reconstruct a Side Impact Crash with Serious Injury in the area of Hamilton St. and Puri#an Ave. 4. Hamilton St. and Puritan Ave are public ways within the City of Worcester. Hamilton St. is a four lane non divided roadway allowing traffic to travel both east and westbound. The roadway is divided by a double yellow solid line clearly marking the separation between both lanes. Both the east and westbound lanes are further divided by a single white skip line on both sides of the roadway. The total width of the roadway is approximately is 72 `3" wide the lane width varies from 10' to 24' on the eastbound side, and 11'7" to 25'5" on the westbound side. The total lane width on the westbound side is approximately 37'2" wide, and 35'10" on the eastbound. Hamilton St. is absent of fog lanes on both sides of the roadway. Puritan Ave is a One Way Street with a northerly direction of travel exiting on to Hamilton St. Scratching and -gouging of the roadway place the Point of Impact in the Northeast travel lane (left lane) of Hamilton St. The Point of Impact was marked approximately 29'8" form the,curb line in front of 130 Hamilton St. The blue 2005 Cadillac CTS VIN: 1C6DP 567750134447 Massachusetts Registration 628BZ5 came to Uncontrolled Final Rest approximately 75 feet east of the Point, of Impact facing westbound in between both eastbound travel lanes. The white 20Q7 Lincoln MKX sport utility VIN: 2LMDU88C67BJ15794 Massachusetts Registration VTEX~ 6 came to an Uncontrolled Final Rest approximately 80 feet east of the Point of Impact in the westbound travel lane partially upon the grass area outside the roadway. 5. The crash scene was secured by Operations Personnel and all trafFic was rerouted around the crash scene. The Worcester Fire Department Engine 7, Ladder 1, the Rescue Squad and Car 3 Deputy Chief Gallery along with the University of Massachusetts Paramedic Unit#4 Greg Pianka and Pauf Domes responded fo the scene. Paramedics treated and transported a single victim to the University of Massachusetts Medical Center 55 North Lake Ave. Worcester, Ma. HINTED ~ERJURY / ,. ~ ~1.~ ~,~'~~~~G2 L-. SIGNED UNDE THE ENAL Sergeant John J. Fallavollita ~ Signatu O f Affiant SWORN AND SU SCRIBED O BEFORE X 1 Signature of ~ gisErate or Assistant Clerk PAGE 'I OF 3 PAGES OF THIS AFFIDAVIT ~` ~'I~ DATE /1 ~ U ~~ l~ A F F L D A V I T !N S!lPPQRT CF ,^.FPl~lC~TlOty FQR SERRCH WARRANT SEARCH WARRANT DOCKET NUMBER TRI/-~L CQURT OF MASSACHUSETTS j~~~~~.^ // j l ~ ~1 fj ~~l 6. This Sergeant, as well as other members of the Worcester Police processed the scene of this collision and the two vehicles were transported to a secure area at Pat's Towing facility at #9 Casco St. in the City of Worcester where it was secured for further examination. Upon inventory of the Cadillac, a Verizon LG electronic device believe to belong to Ms. Kailee M. Higgins was located. The Worcester Police Department Policy requires ali towed vehicles to be inventoried. 7. Found on the passenger side front floor,'inside the Cadillac was a Verizon LG cell phone. Also found on the floor were cell phone charger and GPS and GPS charger. Based on my experience and knowledge of cellular telephone .systems, I know that the modern cellular telephones, including this LG mobile telephone (black in color), has the capabilities of sending, receiving and storing text messages, emails, websites, video, video messages, voice messages and digital images either captured by the camera or transferred from another source. There may also be an internal memory card that maintains addition information or _ data not native to this phone but.relevant to the 'investigation. 8. Based upon the foregoing reliable information there is probable cause to believe that there is evidence to identify the owner of the Verizon LG mobile telephone and to see what the usage prior to the accident and at the time of the accident. This information could play an important role as to the cause of this accident. The mobile phone is currently secured in the Worcester Police Department Traffic Division. _ 9. Texting while driving a commonly done, even though it is illegal. Recently a new law was enacted in Massachusetts that made it illegal to text while driving. This law was enacted because it is common knowledge that texting while driving causes people to drive inattentively. Inattentive driving causes people to weave and drive. poorly which result in crashes. 10.The property for which I seek the issuance of a search warrant is fhe following: • • • • -+ Any and all Digital Photographs of the Verizon LG model cellular phone to include photographs of all text(TXT) messages stored on the cellular phone. Retrieval of all incoming/outgoing phone call information made. by that phone. Retrieval of all voice messages from that phone. Retrieval and analysis of the SIM's card of the Verizon LG cellular phone. Identification of the serial number of the Verizon LG cellular phone. Retrieval of any and all digital data contained within. SIGNED Sergeant John J. Fallavollita TIES~PERJU X re of SWORN AND SUBS~RIBED/70 BEFORE x Signature of or PAGE Z OF 3 PAGES OF THIS AFFIDAVIT DATE SEARCH WARRANT DOCKET NUMBER AFFIDAVIT Etv ~UFPORT OF ~'.PP~lCt~TEOh FOR SEARCH WARP.ANT TRIAL COURT" OF MASSACHUSETTS }' B ~,~ ~'-S 11. L~~~rere~Qre, !respectfully request that the court issue a warrant and order of seizure, authorizing the search of a Verizon LG cellular phone, color black: and directing that if such property or evidence or any part thereof be found that it be seized and brought before the court; together with such other and further relief that the court deem proper. .. =_ SIGNED UNDE TH P PRINTED X .Sergeant John J. Fallavollita ~~ ~ AL S ERJURY ~~,~ Signature of Affiant SWORN AND SUBSC~ED 'O BEFORE x j Signature of J ~ = ~ gistrate or Assistant Clerk PAGE 3 OF 3 PAGES OF THtS AFFfDAViT ~~s~ DATE 9~-~~~ ' S Ill II I IIIIII I i II(1111 111111111 II III II III 1~-~7t~22 Worcester I#1-~.3 evidence Disk State Police Forensic Services III 1111111111111111111111111111111111111 State Police Forensic Services 1D-17022 C# C Worcester Police Depar~mer~# Dept. base #2010~f00115710 The Commonwealth o~F Massachusetts Department of State Police ~ .Y DEVALL.PATRICK GOVERNOR }O~ ~~~QQ~ ^ ~~ /\ ^ TIMOTHY P.MURRAY LIEUTENANT GOVERNOR I /"'1~~L ~.~~ MA 01754 Telephone:(978)451-3300 Facsimile. MARY ELIZABETHHEFFERNAN SECRETARY M~yl 1~1 ~, COLONEL~MARIANJ.McGOVERN SUPERINTENDENT Released to District Attorney's Office Lab Code /Case No.: Department N1me: Department Case No.: Case Officer: ~ MCL10-17022 Worcester Police Department 2010000115710 Sergeant John Fallavollita Case Type: Offense Location: Offense Date: Offense Type; Computer Forensic Examination Worcester 11/28/2010 Motor Vehicle Crash Reference(s): 2010000115710 10-17022 Comment: Essex County District Attorney's Office Container Letter C Submission Number Laboratory's Item Number 1 1-1.3 1 :FUFile. -J~2--9//~'~ ~ ~~ ~,✓NN(~ Print Name(Relelsed Tol . Department's Property Number Packaging &Item Descriptions) Orie plastic bag containing Evidence Dislc Susteen Report & Cellebrite Report One file folder DEMS Case Folder ~.S~.~ U ~~~,~s~ Trooper: Brendan Finn Returned Bv: Print Aeencv ~~ ~. Sienature (Returned Bvl Date Si nature Relei s ed To sealed packages. The accountability for the contents ofthese The items Ind/or sub-items listed on this receipt were assigned by the laboratory and are returned in es~miner. sealed packages is the responsibility ofthe submitting officer andlor laboratory L:\CRYSTALREPORTS\EDDA.RPT 1/25/2012 Paae 1 of 1 Massachusetts Sfi Digital Evir' •^e and Multimedia Section '-police 124 Acton Street iv~aynard, MA 01754 •Telephone 978-451-3bo0 •Fax 978-451-3551 CASE REPORT LIMS No: ~0-~ 7022 Report No: gency ame: epo gency ase o: Worcester Police bepartment ~ o: Sgt. John Fallavoilita 2010-115710 u ~e LG VX-11000 enV 'Touch Phone Examination 1 Processing Procedures 1.1 On December 9, 2010 Sgt. Buckley approved this exam request. I read and initialed the Search Warrant which lead been faxed to our office. On December 10, 2010, I received an LG VX11000 enV Touch cellular phone from Sgt. John Fallavollita~~of the Worcester Police Department. The phone had no memory card in the sl f a~;~j'~did notill~~v a SIM card. Examination photographs were taken of the cell phone and battery. It islli~l~ntifi~ld as Ilows: I~~~~~~~~~~~~~~~~~~~~~~~~ Description I~ LIMS Number Item Num er I) 10-17022 2_1 IIII~~~~~~~~~~~~~~~~IIIII LG IIIIIIIII IIIII Model: VX-11000 enV Touch ~I I I I IIIIIIIIIIIIIIIII 1.2 I placed the phone in a Ramsey Serial number: 911 KPRW2541774 x t~~~Y~~I~~ the hone from receiving any signals while ~IIII powered on. I then powered the phone o ~ ~~~a~d~~~placed~~~~t~~~~~~~ irplane mode which prevents the phone from connecting to a network and allows easier manipulation outside of the Ramsey box. I attached the phone to a Cellebrite device using cable #100 and followed the instructions to place the phone in a mode that would enable the Cellebrite device to~communicate with it. The.source instructions were: With the phone connected to the Cellebrite device, change phone settings as follows: Menu -> Settings &Toils -> USB Auto Defection -> Modem Mode. age o xammer s ame: Tpr. Brendan P."Finn #2992 eviewer s ame: Sgt. Jude T. Buckley #0672 '~ ft~ ~~ ''~ ~I' Al a~ ,~;9a ate: ignature: ~~: re: ig ;~—e~ ~ V C =~ ~~~~-- / c:~'~ul~ / ~ 1 /,~" r 12/13/2010 ate: ~~~ ~ ~ z~j 0 MassachusetEs St, Digital Evi~ ~ °olive ~~e and Mcrltimedia Section 124 Acton Street Maynard, MA 01754 •Telephone 978-451-3550 e Fax 978-451-3551 CASE REPORT LIMS No: Report No: ~ Q-~ 7022 ~ When this setting change was completed, the Celiebrite successfully retrieved data. The Cellebrite deport was copied to the DEMS server and placed in the case directory. The Ceilebrite was unable to retrieve any of the priotos or videos stored on the phone. 1.3 , I then attempted to retrieve data using XRY software. XRY was unable to retrieve any data due to communication issues with the phone. 1.4 I then attempted to retrieve data using Susteen Secure View 2 software. Secure View was able to retrieve the photos and videos. T is report was coped to the DEMS server and placed in the ~IIIIIIIIIIII) case directory. 1.5 I01 lili~' ' ' ~il l l l l I then turned the phone off, place it in an anti-stati bag, and heat sealed it. I then burned ~e nd Secure View. Two CDs(LIMB 10I~ 17022-1-1 and 10-1702.2-1-1.1) and the hone ~ I~~rit7l~lII10-1 022-2-1) were released to Sgt three CDs containing both reports gener ed II ~ ~~b ~I II Celle IIIIIIIII IIIII s Fallavolita. The third CD (LIMB 10-1702 -1-1.2) ~~~~~~~~~~~~~~~~~~III ce in the Archive Room. ~~~~~~~~ age o xammer s ame: Tpr. Brendan P. Finn #2992 eviewer s ame: ~~• ~`~~— ~~?`~~~`~'~ 12/13/2010 ate: ig~ lure: Sgt. Jude T. Buckley #0672 rF~a ,n r~ ,f5.i ate: ignature: / t~ v ~~ ~~~ ~ ~ LQ~Q Cell Phone Summary Text: Date 8 Time Status Folder Storage Type; 11/28/10 01:12:34 Read Inbox Phone Incoming 11/28/10 02:30:57 Sent Outbox Phone Outgoing 153 ~ 11/28/10 01:29:43 Unread Inbox Phone Incoming 157~ 11/28/10 02:02:14 Unread Inbox Phone Incoming '~~ 11!28/10 02:02:49 Read Inbox Phone Incoming 11!28/10 02:03:12 Sent Outbox Phone Outgoing 11/28/10 02:19:46 Read Inbox Phone Incoming Sent Outbox Phone Outgoing # Numher ~, 151 199 `Name - T - 158 193 196 11/28/10 02:21:43 i._ _ _ _.__P' hehe maaadd drunk lol r _~ __— __~ __._.~w ._...__. ~- 163 194 -" ^° 159 ~95 ~ 197 ~ 161 ~~a t -_ 11/28/10 02:24:09 Read Inbox Phone Incoming 11/28/10 02:14:06 Sent Outbox Phone Outgoing 11/28/10 02:15:22 Read Inbox Phone Incoming 11/28/10 02:16:37 Sent Outbox Phone Outgoing 11/28/10 02:22:17 Sent Outbox Phone Outgoing 11/28/10 02:22:53 Read Inbox Phone Incoming ~~~28~~~ 02:24:38 Sent Outbox Phone Outgoing ~1 ,__ _ w ---- ~~.~ _:_- - 9-11 Lincoln Square WorcESter, MA 01608 Phone:508-799-8611 Fax: 508-799-8680 Fx~e+~= Dep. Chief Fd~Nard J. McGinn Jr. Da~~: February 3, 2011 Phone: 508-799-8611 Pales: 2 Ete: CC: n/a To: Sprir~g Corporate Sec~rit~ fax: $16-600-3111 ❑ Urgent ~ Acct. Holden Consent to Release ❑For It~view ❑Please Comeneen# x Please Etepiy ❑Please Recycle •Comments: Attached is an endorsed "Account Holder Consent to Release form for text message details- CDMA(Spring) Network. The Worcester Police Dept. is conducting an investigation which involves determining whether a Sprint cellular phone sent and/or received any text messages on November 28, 2010 from the hour of 2:00 AM until 3:00 AM. The content of any such received or sent message is also requested. The number This phone is the property of and service is paid for by the of the phone in question is ' City of Worcester Police Dept. It is used by one of our employees. Ms. Kimberly Holstrom, the account holder has signed the attached release%onsent. Please direct your response to Deputy Chief Edward J. McGinn Jr., Worcester Police Dept. 9-11 Lincoln Square, Worcester MA 01608. You may also respond via email to mcginne .ci.worcester.ma.us if this is more convenientfor you. Thank you for your assistance in this matter. A~COITI~IT ~-IaLll~IZ t1C~1~tSE1~iT TO IZEL~ASE" F~1ZM 3'E~3'I~IESSAG.~ ~~TA~ - C~Nd.A {SPLIT)N~TF~J~D]ib~ ~pr~nt C~r~ar~~e ~ec~r~ty i-~S3-~77-7330 or ~ubpae~a Ca~plia~nce ~fl3-3~~-650 FAX all requests to Sprint Corparate Security at: 816-600-3111 This form must be filled out in its e~a+~rP#y. ***PLEASE PRINT*** I, Kiinberly Holstrom of the Worcester MA Police Departmeant ,certify that I am the account (LIMIT OF FIVE TELEPHONE NTJMBERSI holder ofthe Sprint te?ephone number: I authorize and give permission to Sprint to release text message detail information from my mobile device for the following date's: Novemkaer 28. 2010 fxo~ ~OOA1.11/S to 3s~~ ANl~ (Text detail will not be released before 10/15/2009. Specify date range or request will be rejected.) I understand that this account holder consent form is for the release oftext message detail only. I understand that the content ofthe text messages will not be provided or preserved pursuant to t'ais authorization. I also agree to indemnify, hold harmless and release Sprint from liability related to this request, including any liability associated with any misuse or actions arising from the use ofthe records provided under this authorization. ~~ ;$~ "y-" -~ ~" Kimberly Holstrom Account H older's Signature Na1118 OPACCOUrit H OId2T (PRINT 0 NLY~ Subscribed and sworn to before me on 315 day of January 2011 Notary Public, State of ~ r '~Gl(~11,~/ISQ,'~~fy Commission expires: 1~Iotary Signature ~l, ~ ~ \ v ~ 1~ V~/ (Stamp or Seal) y*~ Text detail records are available for the CDMA Network (Sprint) only. CDMA text detail before 10/15/2009 can only be released with a subpoena. Text detail records are not available for the iDEN Network (Nextel). To comply with rules and re~ulaiaons regarding privacy, Text Message Detail records will only be sent to the address listed in our customer database. Please chec~i dour a~~ount ter r~aal~e sure your address is current 12ecords will be sent by US mail only. Y~.~: - a ~«' ~~~~~ 'vary ~~vG~~~y Sprint -Si.ibpoena Specialist '~ ~ L Corporate Security Mailstop KSOPHM0206 6480 Sprint Par!<way Overland Park, KS 66251 OfFice: 913-315-0660 Fax; 816-600-3111 E-mail: Gary.T.Dockery@sprint.com 2/9/2011 WORCESTER POLICE DEPT KIMBERLY HOLSTROM 9-11 LINCOLN__SQ WORCESTER, MA 01608 Your Case Number: NONE PROVIDED Sprint Case Number: 2011-036568 Dear Kimberly Holstrom, and Pursuant to the above referenced case, a thorough search has been completed no records were found for the requested numbers during the requested time period. Text Detail Request Type: ion: Subject Informat 11/28/2010 to 11/28/2010 Search Criteria: Please note, text message detail records are not available Comments: from the Nextel IDEN network. Should you have any questions or further inquiries, please contact the Sprint Subpoena Compliance Group at 866-259-7534. Sincerely, Gary Dockery Subpoena Compliance Sprint Corpora~e Security 1 Prima Fade Cert~~ication Test of Mood Under G.L. Ch 90, Szc. 24 (1)(~(~) ~--'~ 10-16682 Operator: Kailee M. Higgins ~ Date of Birth: ~} City/Town: Address' Exp.. Issuing State: License #: S,S.#: Sex: Female .hereby state under the pains and penalties of perjury that on I, (Arresting O~Ficer) (Location) (Date ~ Time) I arrested the above defendant for operating a motor vehicle in violation of G.L.c.90, S.24G, or S.24L. (~9g~tats;:e cf Ar:est~r;g O;;iz~~) (Police Department) . test I, Kerrie T. Donovan , herebystate~ under the-pains-and penalties of perjury that I administered a chemical or analysis of a sample of blood identified as that of the defendant, I am trained and certified in the administration of such tests; the test was performed in accordance with was regulations and standards promulgated by the Secretary of Public Safety; the equipment used for such test properly ng t functioni was .... , regularly serviced and maintain .. ed; I have every reason to believe that the equipmen ~ - ~ ° - ~ ~ °-•~- ~~ ~ ~ •-~ ~~ ~ ~'~~ ~~• ~ "' ~ ~~'' ~~ ~ ~ ~~~ red. administe test~was~ atthe.time~the Test ~was.adminisfered .on: ± ~ .December 03;~20~10 '~~~' ~ ' ~ _~at:? " ~ ., '. ~ ~,~ '~ __ ~ ~ • '~ `~` - -~ •• ~- - ~ • ~~ '4:05 ~prri ~ ~ ~; The result of such test~or~analysis of the percentage; by weight, of alcohol in the defendant's blood'was: '~ '•0.158 2nd 0.080 Std. 0.155 1st ( ture of Certifi Analyst) notice of Note to Police: The section below fs applicable only when you are unable to serve the operator with tie 24 N. Sec. 90, Ch. M.G.L. under suspend suspension. In those cases, the court may ~~~~-tt ~u~~en~~~n o~ ~i~~ns~ ORDER I find that the prosecution has made the prima facie showing required by G.L.Ch.90, S, 24N and therefore defendant the for which offense the ofi n the dispositio until d that the defendant's.license/right tq~operate be suspende 13 arrestor or the time at 21 18 age ts defendan for (210 is being prosecuted, but in no eventfor more than 30 days this FAX to officer ng the prosecuti directed have also months for defendants under age 18 at the time of arrest). I day, as required document to~the Registry of Motor Vehicles at(617) 351.9039 no later than the close of this business - --- . by G.L. Ch,90,.5..24N...._...-----.-_~A_ T~Ii~CQ~YALT_EST,--(justice) Form Date 09/99/06 (Date) (Time, Court &Clerk Magistrate) - ~ _ .. December 03, 2010 _ 2_ Kerrie T. Donovan Chemisf II MSP Crime Laboratory Report to: Officer Richard Cowden Worcester Police Department of the wriiten report, All samples will be retained by the Crime Laboratory no longer than six m~n~hs from the date unless otherwise notified. COMMONWEALTH OF MASSACHUSE1~fS Middlesex, ss Laboratory Kerrie T. Donovan, whom I know to be a Chemist of the Massachusetts Department of State Police Crime made on results appeared before me and affirmed the attached to be the LAB. NO.; 10-16682 ~. Sworn and subscribed to before me this. 3 day of ~.C~. 20i0. (~ ~ * ~~+~d~A~ 3, C~NOFAf~~~ ~ ~d~fwry Publie ~~Comtnondm~alPh o~ ~flasseschuseg4s d~Ay Commission Expires November 29, 2013 ~ ~ ~ ►~= _ ~/ .~ DEVAL L,PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR 59 C~~ MARY ELIZABETH HEFFERNAN SECRETARY COLONEL MARIAN J. MCGOVERN SUPERINTENDENT c~s~u~~`aar~ c~~~✓~~ C%~~~e~ 077"7"6 ~7~~~'~ ~o~~~-~~~~o~~~~~a~~~~~~~~ TOXICOLOGY REPORT NAME: Kailee M. Higgins DATE OF REPORT: December 17, 2010 LABORATORY NO.: 10-16682 INCIDENT LOCATION: Worcester INCIDENT NO.: 1-2010000115710 INCIDENT DATE: November 28,2010 RE~ULT~ OF EXAMINATION:Page 1 of 1 IC ••• -- Barbiturates Screen :negative Benzodiazepines Screen :negative Cannabinoid Screen :positive Flunitrazepam Screen :negative .Cocaine metabolite Screen :positive Opiates Screen :negative Methamphetamine Screen :negative Amphetamine Screen :negative Ecgonine Ethyl Ester :none detected Cocaine :none detected Benzoylecgonine : 15 µg/dl Ecgonine Methyl Ester : 7.3 µg/dl Cocaethylene :none detected Delta-9 THC : 0.3 µg/dl Delta-9 Carboxy THC : 3.6 µg/dl I~errie'T. Donovan DATE SI SPORT TO: Officer Richard Cowden ALL SAMPLES,INCLUDING DRUGS AND PARAPHERNALIA WILL BE DISPOSED OF 6 MONTHS AFTER DATE OF REPORT,UNLESS WRITTEN REQUEST FOR RETURN OR SAMPLES IS RECEIVED. KTD ~„; 1/24/2012 TUE 15:13 I~001/018 FAX 617 351 9219 DCU Library :.~,\ ~■ ~' DeV21.L. Patrick; Governor T1rr,ottiy P.•Murr~y.lc Governor Richard<~lz• pdveY.• ~Secr~~ary~&CEO' Rachel Ka~rfeli.~n, Registtar.• iVPaisactius:~tEsReQ~r#riieiit,:a~F'~tporc~tiot[ :~, " :~;Re~ps#'ry,a~:t(if'c~or ~et~i'cfies: ~~ ~: FAX COVER SHEET "~\'~ a _ y- g ~h, ~z3' L+I~~ "€. ~i-~'vt~..~.i eC'i~i~ w :~ .-. .. r ~:,~~i~n~'~*.'i„'•QRY~~~~'1~,,~ .~Y1..'vU,,~ ~>Y". c,;na"-,-' h~.._.i ~ ,.~..}T~i.,~ yy:.a~ __ ~+~~~ ;f'i" "G'[1 ~1' B p~~ t~aY +( ~ `L~~y~ .f~~F, ~; ,.i~i3f~itt..vr..-.:i 2•~:+a.~'l ~st?7 ;z B~~ 2K ~T~~l~.e`a".~'=j.~~i.F~).~T.~.n URGENT ..~.~ ~a ~ ,. =~, v.~tsu ]. Y1~~F`5 il'' s ~f s~ f~, ivs aN3' 'F,~'.','t ,si+l~? ,~, v ~.f:~`~-~ .~.:-r%k..+ .v+ ~q ~`~'A.L ~~ SI~..1rN.. ~.. a FOR REVIEW f. ?' ~ fr ~Cia";.' Pyi~~iLt'S~Y:i~'riy.~~'^aiz'~•~`T` 'f: -' S 7 li ..- , £; ~i~I.. : s~;~71 ~ ~ 4r~ ~:~~'-ar~";r~ -x f ' ~ ~{ ~} ~ `"i~' ° ~ ~~.wf.~ a!R1, ,'i`iS> ~ 9~~•,. `r.. '`~i,'~^~s~t$3i+~iv '`~.YfP` ifa€;Y'~y :s: 7'4~Z ~ ~i e~fj-~ftr'w,''~:~' S~av ~4 :l _ A'_.i$ JJ PLEASE COMMENT PLEASE REPLY Ten Park Pi2za, Suite 6620, Boston, MA 021 1 G Tel;617-973-7000, TDD:61 I.-973-730G www,mass.gov/massdot ~~ Leading the Nation in Transportation Excellence 01/24/2012 TUE 15:14 ~.7/26f 2011 , 13:03 (~ ~ . I~oos/ois FAX 617 351 9219 DCU Library 5H87998689 PAGE WPD '~'t~i~ COMMONWEALTH ~~ ~IIASSA~~HU,SETTS 02f05 ~~ EX~G~ITIV.~ 'O~~tC~ ~CSF TRANSPORTATIQN ~ ~~ F~~Q157RY OP E1~I~TOR VEHICLES .. P,Q. BoX.55896 ~oaTOri, MR 02206-589.fi ~ ANNA ~., COLlINS WWW.MASS;GOV/~N~v REGISTRAR Rcqu~st fax ~xnmedi~~e Threat License Su.s~e~sion !Revocation ~~ II TO: . ~~'~~as~ Mail I.mm~~diateJ'v ox F~~ to► (6I7} 35a.~g2~.9 Date ofRcqu~sl:~/2S/2~ 11 ~ ~ Tic ~te}~istry of Motor Vchialcs . Attri: Suspcnsians Dept./ Tmmedia~e ~l~.reats F.Q, Box.S589G Bost-~n, MA.0~2p5~S$96 .~ O~ernkor; Kailee.H~~ iris . Adcir~,~s; ~~ Lic #: 5311~35~1.8 ~~ City! Sta'tc: Z~acidcnt J.ocaxion:.Haan~lton St._ and Puritan Ave_ - II . Date of1rcide~it: 11/2812 10 . ]~~~, . City / StazG; Wox~ester., Mass~ol~usetts . Wa U~lieVe that~tl~e above licensed pperator has eou~niitted a violation of ~l~.c ~1lotor vehic]c laws ~i'n~1vKe that Mould bivc yon reason.to belie~c t}~at.hib/her continued oncration will be so~sei•'ioualy axtaproper its to con5titukc himfll~t &trt immediate tlarca.~ i•~ tie public safety, Tltic follpwing i.~oidonts(s), event(s), pt' C~XC`urizstancc(s) have led us 1:o tktis belief, (Include'a sutiin~ary of facts even if ~additianal inFoirn~tipn xc atta.ched}. ~~ On Sunday N'ovenit~er. 23, 2010 at ap~t~~xi~~n,at~~y 0236 hours Sgt, Fal'I~vollita was callad ~ recon,struc~ a. motor vehicle cxash wifh serious persona] inju~'ies. The~c~3s~ s~~z~e v✓as Yocatgd at 7 a 9 kf,~tnilton Street at.the i3~tetsection ofPuri4an A.v~nu.e. As a re~ul~.of ~ search warrant; an.~r. ~Iiggins blood a B.A„C, of.155 on the is~ lcst~ and 2nd.,,1S8, Tl~e ~~av~sti~ati.on is being reviewed by EiDA Wilai.atn 1'vlclkai~ian,(EA5) .. _ [.WiJJi~m,Mclkani~u@statc.ma.uS]. O~ac~ the rcJ~arts are rev~ewcd copies ~uvill be faxed to RN1U. Af~,~er revi~win~ t1~c above ~1Gts we tivot~id ask you to tape whatever action you deem approlxi~te. Signed under the genayties of perjtaty this ~5ti~. day of January, 2011 tiSi~r~a u,:c PONcc Cbiof Qr Ut19DTI2cd P0i50n Si atu3'c/Titl~ pfP lice ~ffteeY tIltng the rcq est .Dep.u~tment {pleaSeprii~t): _yV~.rcesier police Ue~a.Xtmenf Of.Ficer's Noma: Sit. Joh~i Fallavol1ita (P.te~sc aitac~i copies of all documcntati.On to sugpot~t this TCqu~St) T'orny ~# 2Q385 Form Dace D 1;3[1/07 01/24/2012 TUE 15:14 FAX 617 351 9219 DCU Library @I002/018 _ SCREEN PRINT TRANSACTION ID: CP8402SEBCEU011202481322379 MASSACHUSETTS REGISTRY OF MOTOR VEHICLES 01/24/2012 13:22 MERIT RATING BOARD -- OPERATOR SUMMARY 'FUNCTION': UMO MSG: ALL RECORDS DISPLAYED KEY: LICENSE 831173548 (L) HIGGINS NAME ADDRESS CO --BLA 057 7 ~~ ~ 048 279 279 279 279 CITA/CLAIM/PLCY -------------- --M4206258 M6560471 M6560472 M6633539 M6465176 BXW604~ BXW604 BXW604 ~~ TACT69 INCIDENT -------08/04/07 03/09/08 03/09/08 03/21/08' 04/17/09 06/02/09 ,06/02/10 06/02/10 11/28/'10 UGMOOlO ST MA REQUEST AL (AF,CT,CP,IQ,SU,AL,AD) (M) M DOB (F) KAILEE ST MA ZIP ~ CITY ~ LOC -934 713 713 934 643 643 643 643 900 T V V V V V I I I A DESCRIPTION SPEEDING T~TCENSE SUSPENDED NO LIABILITY POLICY LICENSE SUSPENDED ~ LICENSE REVOKED NEW POLICY ADD FULL COLLISION POLICY RENEWAL COLLISION $22867 S PROCESS, SURCHRGE 09/10/07 04/28/08 04/28/08 05/23/09 06/10/10 06/02/Q9 10/22/10 Ob/02/10 03/20/11 R DI CW CPT DI 00 00 00 11 A N N N N 0$/14/07 05/05/08 05/05'/08 05/15/08 04/28/09 06/04/09 10/25/10 04/14/10 A 03/14/11 01/24/2012 TUE 15:15 FAX 617 351 9219 DCU Library X007/018 THE C'OIVIMQNWEAL.TH O'F MASSA'CHUSETTS EXECUTIVE Q'~FICE o,F TRANSPORTATION REGISTRY OF MOTOR VEHICLES Regis{ryo(MotorVahicles (' 'HELKAPRtELIAN fZEGISTRAR .~ WWW.MASS.GOV/RMV Customer Service (81,7) 351.9500 ~ For Help with Suspensions Please d(al (617) 351-7200 ~ ~ ' ~ • P.O. Box 55889 Boston, MA 02205 ~ o~/zs/ii _~K E 'HZGGINS ~ DOB: ' '' LICENSE•NUMBER: 531173548 You a're hereby notified .that effective 07%26/-11,~your to opera~e~a motor vehicle is revoked for /right license indefinite pery.od for IMMED2ATE THREAT.' A description o~ the offenses is noted below. Conviction, ~ ~ Offense --gate-~ offense/location ~ -~~ate-an 11/28/10 ' .Court IMMEDIATE THREAT /WORCESTER '• when your' license or right to operate a motor vehicles has been suspended or rayoked,_ you must i•mmedi~ately cease to operate all motor vehicles until your license or right-~o operate has been reinstated. ifi the above applies ~to the registration of your moor vehicle', opera~Cion of such vehicle must cease a~e once and the reg7strattion certi~Ficate and plates) must be surrendered to me immediately. You may request a hearing ~oncerni ng this matter at one of the ,fol l owl n.~. RMV offices: ~ grocl<ton , Floor. worcester,.springfield, Lawrence and 630 Washington st., Boston, MA~4th If your revocation i s the result o-F a court convi cti on 'For dr`i vi ng under the influence of alcohol, pursuant 'to Massachusetts General haws Chapter 90~section Z4, you may appeal your convic~Cion to the superior court, rn a71 cases, if you are aggrieved by a decision or order of the Regisfirar you.may, to the within ten days ofi the effective date of the Registrar's' order, appeal Washington st, Board of Appeals on Motor vehicle viability, Policies and Bonds, 1000 their from application appeal an download can also You Q2118. 8th floor, Boston, MA appeal will stay website at, wwW.STATE.MA.us/DOZ or call them at 617-52~.-7794. No the above ,directive. with comply sti71~ must and~you order revocation or the suspension~ ~ Note: At the time your license~or right to operate is reinstated you~will have . to pay a.$100.00 -.$1,200 reinstatement fee. Make check payable to RMV. Rachel Kapri.elian, Registrar 2y,5•-~ .~, 4~ L ; `' ~ * 's,, ~ ~ b 3,7~ THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT LAWRENCE NEWBURYPORT SALEM 0~ JONATHAN W. BLODGETT District Attorney Ten Federal Street Salem, Massachusetts 01970 TELEPHONE (978)745-6610 VOICE (978)744-2049 FAX (978)741-3163 TiY March 11, 2011 Sgt. John Fallavollita Worcester Police Department VIA EMAIL ATTACHMENT Re: Vehicle Preservation, Higginsl Duf Case Dear Sgt. Fallavollita: I am writing this letter in response to your email message to me,dated Wednesday, March 8, 2011. Please preserve the two vehicles in the above-referenced case (Lincoln MkX — Duffy/ Cadillac CTS — Higgins) until further notice. We are unable to release these vehicles to any party, including the insurance companies, at this time because they remain evidence in a criminal investigation. In addition, except for the investigators assigned to this case, no one may conduct a physical inspection or enter any area ofthese vehicles until their release. As you know, Lt. Andrew Klane ofthe Massachusetts State Police Collision Analysis and Reconstruction Section("C.A.R.S.")has been conducting an independent review. He, of course, should be allowed access to the`vehicles if he makes that request. Once we make a decision on criminal charges, we will offer the defense an opportunity to inspect the vehicles. After that inspection — or waiver ofinspection — we will seek permission of the Court to release the vehicles. Until then, we must retain and restrict access to them. If you have any questions, please do not hesitate to contact me at the numbers I previously have provided to you. Sincerely, William J. Melkonian Supervisor Motor Vehicle Offense Prosecutions Cc: Lt. Andrew Klane (via email) P. 1 ~ ~ ~ COMMUNICATION RESULT REPORT (JUL,22.2011 2;46PM) ~ FAX HEADER 1; FAX HEADER 2. TRANSMITTED/STORED JUL,22.2011 ~ ~ ESSEX DA MAIN OFFICE 1 97$ 744 9470 2:45PM FILE MODE OPTION ADDRESS RESULT PAGE ---------------------------------------------------------------------------------------------------- 8616 MEMORY TX 19783655645 OK 3/3 ---------------------------------------------------------------------------------------------------REASON FOR ERROR E-7 HANG UP 02 E-3 NO ANSWER LINE FAIL E-2) E-4) DUSY NO FACSIMILE CONNECTION _ TH6 COMMah~WEALTH O~ MA~SQCHUSETT$ ~ ,OFFICE [7~'TW~ f ~, DISTRICT A'rTORN~1' ~'C7R THE ~.4ST~RN DISTRICT SALEM PJ~WBURYPORT LAWf~ENC~ T~~-~pHONE ~A~EM {978)746~6~10 1"en!F'ederal Sfre~t S~IEm, M'~ssachUSetts 07970 )6NA7i-fA~ W. BLODG~TT Districtl~ftamE:y ~Ax (~~s) 744-470 T('Y (978)74'I-3'i8~ y i D~.te: 'Z'o; Ju1~'22„ ~0~11 ~ ~ ,~ha~exrnBail~s; ~sgtx~~te Ox;g~tziz~ti~n: Bai,l~~r ~ L~itr1~~ Fa:~ I~'umbez: Frox~ri: r~~.tl~, 'Z'r~sT~ for A:UA McXX;,olYian Phone: 97u~-71.5-6~~0 ~ 978-~6~-S6~S ~~t: 5182 ~mai1: ka~~leBn.trask .sta.Ce.nza.us N'uml~ex ofPages (incluc~~.g coversheet) ~~ comment's: Re: K'.ai,lce I-~Xggins Vehti,e].c CQXI.xs~on, 11,2~,2010 ~a~v.Z~t~n St.,and Puritan t~v'e., Wo~;eester ' ' ' I'~l~'r'YCE :dTa' COlV~D~NTF~.I'1''Y' i 'Z'he irtfoz~a .anon in this.transmitEa7. is con:Fdcn~iaT ~n'd Yntended o7taly. for the zecipicnt(s) listed abgve, If you are neither the interacted, nor ~kie p~sson responsible for Fthe tieXXV~ of $h7.5 infbrm~,tidn~ ~QLl aze k~.ereby notified that U1iatYtSibnzed ep~yirx~ of dis{ri~butibn ofthis tr~.nsmfz#a'I is proYi'ibitetl. I~you received this tz'axzsxxuttaI in error, please CbIItaq't f11e~ sen~ez af'tlYe number listed above. ~2tevired 3/18/11 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT NEWBURYPORT LAWRENCE SALEM JONATHAN W.BLODGETT District Attorney Ten Federal Street Salem, Massachusetts 01970 TELEPHONE VOICE (978)745-6610 FAX (978)744-2049 TfY (978)741-3163 duly 22, 2011 Shawn Bailey, Esquire Bailey &Burke 77 High Street Clinton, MA 01510 ...BY.CERTIFIED.MAIL AND.FACSIMILE(978-365-5645) —Worcester - ----- ---------. Re:-KaileeHiggins Vehicle-C-ollision,-1-1/28/2010,-Hamilton-St:and PuritanAve., ---- -- Dear A~forneyBailey:-- _-.. -- - This Office is reviewing the_criminal investigation into the above-described motor vehicle collision_and is ofthe_understanding that you represent Kailee_Higgins; one ofthe - - ------ ---- -- -- --- - -- ---- operators.- - -- - - -- -- ----involved ------- -- --------- -- ---- - - We are offering you an opportunity to inspect her vehicle and that ofthe other operator. Please indicate- on the attached form whether you intend to avail yourself ofthisopportunity. Note that you will not be permitted to remove any items from the vehicles and that a representative ofthe Commonwealth may be present. - Also indicate on the attached form whether you agree to present Ms. Higgins for an interview regarding the circumstances ofthe collision. The interview will be conducted by an investigator designated by this Office. You may return the form in the enclosed envelope. If you have any questions- or if you have any information you would like us to consider -- please contact me at(978)745-6610, x5075. Motor_Vehicle_ Offense Prosecutions __ -- - --_ .. __ NOTICE OF INTENTION TO INSPECT MOTOR VEHICLES AND TO MAKE CLIENT AVAILABLE FOR STATEMENT _ I intend to conduct a vehicle inspection. I DO NOT intend to conduct a vehicle inspection. _ I agree to present my client for an interview. _ I DO NOT agree to present my client for an interview. *** Contact Assistant District Attorney William Melkonian at(978)745-6610, x5075 to make arrangements for vehicle inspection andI or interview. Signed: Dated: 47/25/2011 10:50 (FAX)15087541119 P. 002/003 THE COMMONWEALTH OF MASSACHUSETTS ~~ OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT NEWBURYPOR7 LAWRENCE SALEM ~ r JONATHAPf W. BLODGETf' District Attorney Ten Federal Street Salem, Massachusetts 01970 TELEPHONE (978)7{5-6610 VOICE FAX (978)714-2049 ~-~y ~ (978)7~E1-3163 July 22,2011 Michael Monopoli,Esquire 255 Pa~:k Ave. Worcester, MA 01609 BY CERTIFIED MAIL AND FACSIMILE(508-754-1114) Re: Thomas Duffy Vehicle Collision, 11/28/2010. Hamilton St. and Puritan Ave., Worcester Dear Attorney Bailey; ~ This Office is reviewing the criminal investigation into the above-described motor vehicle collision and is o~ the understanding that you represent Thomas Duffy, one ofthe involved operators.. .. We are offering you an opportunity to inspect his vehicle and that ofthe other operator. Please indicate on the attached form whether you intend fo avail yourself ofthis opportunity. Note that you will not be permitted to remove any items from the vehicles and that a representative ofthe Commonwealth may be present. _ __ _ _ Also'indicate on the attached form whether you agree to present Mr. Duffy for an interview regarding the circumstances ofthe- collision. _The _interview will_ be conducted by~an -__ . investigator designated by this Office. You~may return the form in the enclosed envelope. If you have any questions — or if you have any information you would like us to consider please -contact me at(978)745-6610, x5075. Motor Vehicle Offense Prosecutions P, 001/003 (FAX)15087541114 ~■s~~/25/2011 10.50 ri~~ Mzc~L M.MoNOPOLr ATTORNEY .Q~T LAW 255 Pte.AvE~= SvITE 205 WORCESTER, MA~01609 TELEPHONE:(508)754-2229 FACSIM~E:(508).754-1114 . FACSIMILE: TELEPHONE: FROM: q 7$-~ ~~ -~p~q Mzcx~L M.MONOPOLI Mix L. MoNOpoLZ ,~ AMY C. MONOPOLI NUMBER OF PAGES(XNCL: COVER'SHE~-T~- ~, MESSAGE: DATE: ~~~~- j ~ ~ ~r1V.~; /0 ~t.;~~ __ (FAX)15087591114 ,07/25/2011 10:50 i NOTICE OF INTENTION TO INSPECT MOTOR VEHICLES AND TO MAKE CLIENT AVAII.,ABLE FOR STATEMENT I intend to conduct a vehicle inspection. **~'= I DO NOT intend to conduct a vehicle inspection. _ I agree to present my client for an interview. I DO NOT agree to.present my client for an interview. *** Contact Assistant District Attorney William Melltonian at(978)745-6610, x5075 to make arrangements for vehicle inspection and/ or interview. Sig~.led: ~2~ `~ G Dated: ~~ ~J,' ;. G- P. 003/003 THE COMMONWEALTH OF MASSACHUSETTS ~:~,~ rn,i~;,~.~G o OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT LAWRENCE NEWBURYPORT SALEM c TELEPHONE ~~X ll15'~~~~ • •~ Ten Federal Street Salem, Massachusetts 01970 VOICE (978)745-6610 September 21,2011 John P. Donohue, Esquire Fuller, Rosenberg,Palmer & Beliveau LLP 339 Main Street Worcester, MA 01608 BY CERTIFIED MAIL AND FACSIMILE(508-757-1039) Re: Kailee Hia~ins Vehicle Collision 11/28!2010 Hamilton St. and Puritan Ave., Worcester Dear Attorney Donohue: This Office is reviewing the criminal investigation into the above-described motor vehicle collision and, after speaking to Attorney Sean Bailey, is ofthe understanding that you now represent Kailee Higgins, one ofthe involved operators. We would appreciate an update as to Ms. Higgins' injuries and current status, and are open to any information regarding this event that you would like us to consider. We also are offering you an opportunity to inspect Ms. Higgins' vehicle and that ofthe other operator. Please indicate on the attached form whether you intend to avail yourself ofthis opport~xnity. Note that you will not be pernvtted to remove any items from the vehicles and that a representative ofthe Commonwealth may be present. In addition, indicate on the attached form whether you agree to present Ms. Higgins for au interview regarding the circumstances ofthe collision. The interview will be conducted by an investigator designated by this Office. You may return the form in the enclosed envelope. If you have any questions, please contact me at(978)745-6610, x5 is(978)745-0748. Thank you in advance. My fax number Offense Prosecutions ~ NOTICE OF INTENTION TO INSPECT MOTOR VEHICLES AND TO MAKE CLIENT AVAILABLE FOR STATEMENT _ I intend to conduct a vehicle inspection. _ I DO NOT intend to conduct a vehicle inspection. _ I agree to present my client for an interview. I DO NOT agree to present my client for an interview. *** Contact Assistant District Attorney William Mell~onian at(978)745-6610, x5075 to make arrangements for vehicle inspection and/ or interview. Signed: Dated: MICHAEL M.MONOPOLI ATTORNEY AT LAW 255 PARSE AVENUE -SUITE 205 WORCESTER,MASSACHUSETTS 01609 TELEPHONE(508)7542229 FAX(508)7541114 MICI7f1EL M.MONOPOLI MARI~L.MONOPOLI November 30, 2011 at~crn~y Wil~~arr~ i~ieikonian Essex District Attorney's Office Ten Federal Street Salem, MA 01970 Thomas Duffy Vehicle Collision,ll/28/2010, Hamilton St. and Puritan Ave., Worcester RE: Dear Mr. Melkonian: Please be advised that on behalf of Mr. Duffy, we do not wish to inspect the vehicle in question. Thank you for your attention and continuing courtesy in this matter, Sincerely, ~f~\,,~.,t.~ l —1blichae~ Monopo~i -- -- — __ ~ "!.;:rT '~ UNITED STATES POSTA~'"~~~~I~~ r'U~I~._ 3.~K.~'"'f: '4 ..d.. . ,.ter• "u r""rs~M. .~r:~ ti - w ~..m+nrt. r~}.~JrJ lJ - _ ... A. "" y F rO"~ ~ G~ N mel Agent C. Date of Delivery D' is delivery add different from item 17 ❑Yes If YES, enter delivery address below: ❑ No _ _. 102595-02-M-1540 Agent --- ❑ ddresse to of Deliver C. 3.. Service Type ~ Certified Mail ❑Express Mail ❑Registered ~"Return Receipt for Merchandise ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery. (Extra Fee) ❑Yes TODD D 959 4699 Name) ( rinted 0es \1 address different from hem ? ~ No Is delivery below: delivery address If YES, enter g. Rece Ip. __ - - _ _ __ _•_---- 102595 02 M-1540 3, Service Type ress Mail Merchandise Certified Maii ~ ~P Receipt for ~Return ❑Registered ❑ C.O.D. p Insured Mail ❑Yes Delivery?(Ex~~ Fee) , 4. Restricted -- Receipt 4128 8644 ❑78❑ pppZ _ Domestic Return ~~~'~ A. Sig at e X Domestic Return Receipt 7009-168 ,. . o ~ 1 ,L ~ c ~ O ■Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on so that we can return the card the reverse to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rY 2004 -- - -- Q ~ ~~O ~1a..~;vn ~(~ r ~. ,r ~~J~}/~] ~ m ~. ~ n ~,-~y h ~~.~ ~/ / 2. Article Number (Transfer from service label) _ PS Form 3811, Februa - ~''.f; ~' Pal, 2 004 label) _' Esquire John.P• Donohue, paler & Beliveau LLP Fuller,Rosenberg, 339 Main Street01608 Worcester, MA to: 1, grticle Addressed complete 2. and 3. Also . Compiete items 1, Delivery ,s desired. ■ the reverse item 4 if Restricted and address on Print your namereturn ■ the card to you. mailpiece, so that we can bpe~tthe Attach this card to tape ■ sp or on the front if First-Class Mai( • Sender: Please print your name, address, and ZIP+4 in this box • Di$i~ICTATT(M31'JEYJONATHAN W.BLADGEfC Tip!G~DER~l.Si~~ET SC~EMM, SII~'S~iTS ~197p f~FY1(T~.rr'Y''':e~n..''~'`x~~=~'v •ei~'J .FrTN~='~ ''f ~ti~:r':'~ir;. ~ ;r'` v1 '/~,{~.yGy,:$ F Il~ii }lilt ilil?3I F:l II ~3L5 }? III i3~51 ~I}{~'F31S 71 tlli'fili it i~ UNITED STATES POST~L'" tir~i1..~[:. ~(: °r ~~ t ~r;.~ •F,t,:;~ ..a,...~ ,,h ..:n~ •Sender: Please print your name, address, and ZIP+4 in this box • _~--- JONATHAN W,BLODGETT Essex District Attorney Ten Federal Street Salem, MA 01970 iil,,,~„ ill,l„I,~,i1I .,,,,li~t„I,1,~,~1~1,i,,,i,l,I,l,,,rl,! ITransterfromerservice FebruaN rm 3811,___ Q, /~ftjC10 NUtTI F ~-- ~ E~ 1 r ~ ,c_7 ~ ~ ~ -~ri i ~ _. - J ~~._ ~ fU ~ Postage $ ~je' ~ ,;, 2 ~ za~~ PHemark ~~;y;~] Return Receipt Fee O p (Endorsement Required) ~ ~~ Restricted Delivery Fee ~ Q (Endorsement Required) N TotalPostage &Fees ~ Streef,ap o~POeo~ ° r~- ciry"sieve p "-5—°F `1.~ I ail-i 1 • i i'v ,l '..~ ~ { L ^,` ' Postag~ $'' ~ Certified F~e . N D Return fiecelpt ~~~ p (Endorsement Requi~etl ,.~ Postmark Here ~ ,), ~, yrw~q{ `il~ ~J~~ ~ Restricted Delivery Fee ~ (Endorsement Required) ~y'' ~ a SPc~ ~ ~ ~~ { D seer ro ~l ~ :.~ ~o ru ~9 Certified Fee '~ John P. Donohue, Esquire Fuller, Rosenberg,Palmer & Beliveau LLP 339 Main Street Worcester, MA 01608 cD ~ i ~ -' ~'~Total Postage &Fees ~$, O---"" Sent To •• ~ i Street, Apt. No.; or PO Box No. City, State ZfP±4 (/ ~.~?c~r eSfQr~;f ~?~~- ~~(~Gr ~ ~ '. '£~ ~ ,~ ~.. Postage- ~5~~,~' /~, CertifietjFee ~~`~ ~ ~ O Retum ReCeTpt Fee p (Endorsement ~equired) ~,r; t ~ ~ '. p^ O Postmark Hera ''.'~. `~ ~ Restricted De ivary Fear ~`~ ~ (Endorsement equved)~ ,_~, ~O ~ ri Total Postage~Fees ,$ Sent T o ~ M1 Street, Apt, No.; ~ or PO Box No. - ~-~'1---~~ /,1-- _._ ~ City, State, ZIP+4 ~~~~... 0 t~15 ~ x.~ _~ _ V ~' ;:~ ~t~.,~'~f,j~)~.~ 1ys