East Bridgewater cop who refused breath test cleared on Raynham OUI charge. What we know

TAUNTON — An East Bridgewater Police sergeant arrested last year in Raynham was found not guilty of drunk driving at a bench trial before Judge Michael Brennan Thursday in Taunton District Court.

Thomas E. Flint, 51, was charged with drunk driving, negligent driving, a marked lanes violation and speeding.

Brennan found Flint not guilty of the drunk driving charge; the negligent driving charge was continued without a finding; and Brennan found Flint "not responsible" on the marked lanes and speeding charges — which were both civil, not criminal, charges.

What happened on night of arrest?

Flint was arrested late at night on Nov. 18, 2023, while driving down Pleasant Street in Raynham, near the school zone for LaLiberte Elementary.

Raynham Police Officer Brian D. Silva, following behind Flint, witnessed him cross over the double yellow line, pass both vehicles that were in front of him and accelerate to 70 mph in a posted 20 mph school zone, according to both the police report and the dash cam footage played in the courtroom during the trial Thursday.

Silva noted in the police report that Flint refused any standardized sobriety tests, both after he was pulled over on the street and while in booking back at the Raynham Police station.

Closer look at night of arrest East Bridgewater police sergeant arrested on drunk driving charge in Raynham. What we know

What the prosecution said

Bristol County Assistant District Attorney Brandon Ferris relied heavily on testimony from two of the arresting officers from Raynham — Silva and Sgt. Frank Pacheco — as well as body cam and dash cam footage recorded that night by Silva.

Silva testified that he is trained in field sobriety testing. He said during his observations that night he noticed Flint had “bloodshot glassy eyes” with “droopy eyelids.”

Silva also said he “detected the strong odor of alcohol” on Flint, and that he appeared to be “tripping over and slurring words.”

Silva explained that he immediately called for backup after pulling Flint over, but, even when the second cruiser arrived, Silva waited for his shift supervisor, Pacheco, to also arrive because Silva learned through the ID check that Flint was a police officer.

Pacheco, who has been with Raynham Police since 2011, testified that he knew Flint from their days when they both worked for the Southeastern Massachusetts Law Enforcement Council (SEMLEC) SWAT unit. He said his observation, once he arrived, was he could also detect the odor of alcohol on Flint.

Otherwise, he noted that Flint “didn’t say much” to him that night, but “what he said, he spoke fine,” and he was cooperative during the pull over.

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What the defense said

Flint's attorney, Georgia Petropoulos, based in Brockton, told the court Flint was a decorated officer of the East Bridgewater Police Department for 28 years, as well as a member of SEMLEC for 15 years. She also said he has no history of prior offenses and no record of complaints with internal affairs.

Much of Petropoulos' line of questioning revolved around Silva’s observations of Flint’s facial expressions and other possible explanations than intoxication.

“You’ve never seen him before. You have no idea what his eyes typically look like,” she said, adding there were no questions that night if he had allergies, or was sick, or suffered from dry eyes, or if he was just tired that night.

Silva, in response to questions from Petropoulos, said that at no time did Flint stumble or require assistance when he was asked to step out of his car, and he remained polite and compliant during the pull over.

As to the fact that Flint refused to take a sobriety test or chemical Breathalyzer test, Petropoulos said, “there was never an admission of drinking” from Flint.

She also said Silva’s police report neglected to mention there were, in fact, two people in Flint’s car that night:  Flint and his girlfriend.

“You didn’t mention anyone was with him in the report,” Petropoulos said.

Silva admitted the omission, as well as the argument that the smell of alcohol could have come from the girlfriend.  That’s why, he said, he had Flint step out of the car and walk towards Pacheco’s car when he arrived, so they both could determine if the odor was still coming from him, which, they both said, was the case.

The verdict: reasonable doubt

Ultimately, Judge Michael Brennan sided with the defense, saying there wasn’t sufficient evidence showing Flint was intoxicated and impaired while driving that night.

On the misdemeanor charge of drunk driving, Brennan found Flint not guilty on the basis there was “reasonable doubt” to the determination made by Raynham Police that Flint was impaired.

On the misdemeanor charge of negligent operation, Flint accepted a plea deal with the DA’s office for a continuation without a finding. That means the defendant acknowledges the prosecution has enough evidence to get a guilty verdict, without admitting guilt. The ruling brings a 90-day probation period for Flint.

On the two civil motor vehicle charges — marked lanes violation and speeding — which carry potential fines, not jail time, Brennan ruled Flint was “not responsible,” though it wasn’t immediately clear the reasons why.

What is a bench trial?

Defendants in criminal cases have a Constitutional right to a trial by jury. However, they may waive that right and have a trial conducted without a jury, where a judge, instead determines their guilt or innocence, as in this case.

According to Mass.gov: "Usually, defendants choose to have a jury trial because they want a jury of their peers to hear the evidence and decide their guilt. But sometimes, there may be circumstances where a defense attorney will recommend a bench trial without a jury."

This article originally appeared on The Taunton Daily Gazette: East Bridgewater cop found not guilty on Raynham drunk driving charge