The drunken driving charge against Sandwich Police Department Patrolman Daniel J. Perkins was dropped last Thursday, July 31, but Assistant District Attorney Laura Marshard has filed a motion requesting that Falmouth District Court Judge Michael C. Creedon reconsider his decision.
On November 30, 2013, while off duty, Mr. Perkins allegedly crashed his pickup truck on Route 130 in Mashpee after leaving Zachary’s Pub. Mashpee police obtained Mr. Perkins’s medical records five days later and found that his blood alcohol content was 0.22—nearly triple the legal limit. The blood sample was taken an hour and a half after the crash.
Following an internal investigation conducted by Sandwich police, it was determined that Patrolman Perkins had violated four sections of the department’s rules and regulations; criminal conduct, conduct unbecoming an employee, not reporting for duty, and absence. He was issued a 60-day suspension as a result of his conduct, and has since returned to regular duty.
Judge Creedon’s decision came after defense attorney Jens Bahrawy made a motion to dismiss the case. He argued that Mashpee police violated the state law that requires police to “record the occurrence of automobile law violations upon a citation, filling out the citation and each copy thereof as soon as possible and as completely as possible” by not writing the citation until six days after reviewing the medical records.
Ms. Marshard was unable to attend the July 31 hearing because she was needed in Edgartown District Court, and the two prosecutors who were present in Falmouth District Court that day recused themselves from the case as they were familiar with Patrolman Perkins from cases they worked with him on in Barnstable District Court.
In her motion to reinstate the case, Ms. Marshard wrote that the case was “dismissed at the defendant’s request as a result of the scheduling and personnel conflict, and not on the merits of the defendant’s motion.”
The hearing on Ms. Marshard’s motion is scheduled to be held on Thursday, August 14.