City Councilor Hugh Dunn found not guilty of OUI stemming from downtown car crash in 2021

NEW BEDFORD — City Councilor Hugh Dunn was found not guilty of operating under the influence of alcohol following a bench trial before Judge Joseph Harrington in New Bedford District Court on Tuesday.

Harrington said he was troubled by the OUI charge, but that conflicting testimony as to what happened during the May 1, 2021, accident downtown made it impossible for him to reach a guilty finding based on the required standard of "beyond a reasonable doubt."

Dunn had opted for a trial before a judge in a preliminary hearing instead of a jury trial.

Related charges of leaving the scene of property damage and operating a motor vehicle negligently were continued without a finding for one year.

Dunn declined to comment after the ruling.

Dunn struck two parked cars along South Water Street with his car, one in a parking lot, in the early morning of May 1, 2021, according to a New Bedford police report. He was "confused, shaken and disorientated” while speaking with police and was initially unable to answer when asked for his name, police said.

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The paramedic's point of view

During his trial, a responding New Bedford paramedic testified that Dunn smelled of alcohol and was intoxicated. Two responding police officers, however, testified that they did not detect an odor of alcohol and Dunn, while shaken, didn't appear intoxicated.

New Bedford EMS paramedic Mitchell Gauvin said he and his partner were called to the accident scene. He said Dunn was seated in a police cruiser when they arrived.

He said when Dunn exited the cruiser he said he observed a "strong odor consistent with alcohol."

Gauvin, who has been a paramedic for nine years, said he checked the damage on Dunn's car to determine what his level of injury might be. When he returned to the ambulance, Dunn was seated on a bench inside.

However, due to safety rules Dunn needed to lie on a stretcher to be transported, Gauvin said. Told that, Dunn refused to comply, Gauvin said.

Gauvin said he was "very short" with him and "belligerent."

Prosecutor Daniel Bennett — appointed special prosecutor to handle the case after the Bristol County District Attorney’s Office recused itself to avoid any conflict of interest — asked Gauvin whether he was able to determine if a person was under the influence.

"Yes," Gauvin said. "He was intoxicated."

What the New Bedford officers had to say

New Bedford police officers Jesse Branagan and Abraham Nazario were among the officers who responded to the accident.

Branagan, a police officer for 18 years, said he saw two damaged cars at the scene. He began taking down information when the dispatcher called that the vehicle involved in the accident was still on the scene.

He said he saw what turned out to be Dunn's vehicle parked farther up the road. Dunn was seated in the driver's seat, he said.

Dunn opened the driver's side door when he knocked on the window, and he provided his driver's license. Branagan said he then gave Nazario the information.

Dunn's attorney Tim Walsh asked how far he was from Dunn during the interaction, and Branagan indicated it was only a few feet.

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Responding to Walsh's questions, Branagan said he didn't observe Dunn to have slurred speech, bloodshot or glassy eyes, and that he wasn't concerned with Dunn's sobriety.

"If I had made those observations, I would have passed them along," Branagan said.

Nazario, who has been a police officer for 14 years, said Branagan briefed him on what was going on.

Nazario said he spoke with Dunn, asking him his name, but Dunn was unable to provide it immediately. Dunn was preoccupied with finding his phone, Nazario said.

He asked Dunn to step out of the car, and walk toward the rear of the vehicle to observe him.

He said Dunn appeared confused and disoriented, which he thought could have been caused by the accident or he was just tired, and was unable to answer easy questions. He didn't answer right away when asked if he needed medical attention but eventually said his back and head hurt.

Dunn gave a statement to Nazario four days later at the police station, saying he moved his car from the crash site to find a safer spot, and said he felt disoriented because he'd had a long day and had taken Benadryl because he had a new dog and had allergies.

Under questioning from Walsh, Nazario said he had handled well over 100 motor vehicle accident cases and many OUIs, as well.

He said he did not detect any odor of alcohol from Dunn at the scene, or observe glassy or bloodshot eyes, or slurred speech.

No evidence to prove preferential treatment

Though it wasn't raised during the trial, a 140-page New Bedford Police Department internal investigation report was highly critical of the two officers' response to the crash, as well as a third officer who did not testify Tuesday.

It said they failed to follow proper procedure by not asking "the most basic questions."

Nazario received a 20-day suspension without pay, and Branagan received a three-day suspension without pay.

An arbitrator later ruled that there wasn't enough evidence to prove they had treated Dunn preferentially, according to The New Bedford Light, and Nazario's suspension was reduced to 15 days, and Branagan's to one day.

Testimony about how much Dunn had to drink

According to testimony, Dunn had several drinks at the Cork Wine and Tapas at 90 Front St. on the night of the crash. Bartender Arielle Fernandes said Dunn had three mixed drinks of vodka and soda, and one shot of whisky, and was at the bar from about 10:30 p.m. to 1 a.m. that night.

She said he didn't slur his speech, appear glassy-eyed or disheveled. She wasn't concerned that he was a danger, she said.

Bennett, however, questioned whether Dunn had more to drink. Fernandes had said Dunn was drinking with another man. He said the $82.90 tab listed eight drinks, but that the bartender was tipped $200.

He also pointed to a videotape taken of the bar that evening, which was viewed by the judge. It had been cut from three hours to about 25 minutes by state police investigating the accident. He said it made it appear that Dunn had more to drink than stated.

"Reasonably, he had a lot more than four drinks," Bennett said.

Dunn's behavior in the hospital

Registered nurse Kelly Himelrick took Dunn's information at St. Luke's on the night of the crash. She said she didn't remember the incident but was able to recall when she was allowed to review her notes.

According to the notes, Dunn said he didn't recall the accident, denied using drugs and denied feeling any pain or being injured.

He then walked to the bathroom with a steady gait, she said. He didn't return, however.

When a patient leaves without a doctor's discharge, it's called an elopement in hospital terminology.

Damage to Dunn's vehicle

State Police Sgt. Brian Mahoney testified that data taken from Dunn's car indicated he had the gas pedal pressed all the way just prior to the crash, and was going 25 mph. He said the data can be retrieved from the airbag control module linked to the airbag, gauging whether it deployed or not.

He said damage to Dunn's car included a flat tire that would have forced him to drive on the rim, and that full steering control would have been lost.

State Police Lt. Christopher Dumont also testified that he had been called in by District Attorney Tom Quinn to take over the initial New Bedford police investigation on May 5.

He was told "to investigate the crash to the fullest extent."

The state of Dunn's driver's license

Dumont issued Dunn's citation on May 25 or 26, and Dunn's license was taken away as an immediate threat, he said.

Dunn can now reapply for his license, Bennett said, which will be the Registry of Motor Vehicle's decision.

Harrington noted that Dunn had an otherwise clear record, and that 99% of motorists charged with leaving the scene of property damage and operating a motor vehicle negligently would probably get a continued-without-a-finding ruling. Bennett had argued that he should have been found guilty on those two charges in part because he hit two cars.

While the charges will in essence go away in a year barring any new charges, they will remain accessible on Dunn's record, Bennett said.

This article originally appeared on Standard-Times: New Bedford Councilor Hugh Dunn found not guilty of OUI in 2021 crash