Miller and Pagliuca testified at a local Civil Service hearing that they believed Cena was in charge of the scene. Pagliuca testified that Cena told him that he smelled “booze” on Noyes.
Miller testified that he said to Pagliuca, “What do you think?” Pagliuca responded that Noyes “cannot stand up, his eyes are glassy, and I think he is intoxicated.”
Miller then went back to Cena and asked him, “So are you charging him with leaving the scene and OUI?” Cena responded, “No, I am charging him with leaving the scene, but not OUI.” Miller then said, “Why aren’t you charging him with OUI if you are charging him with leaving the scene?” Cena responded, “My chief and the district attorney will get mad at me.”
Miller then called Leeman at the Haverhill Police Station and told him what was happening at the scene. Leeman was the senior Haverhill officer on duty at the time.
While they were deciding what course of action to take, Miller said Noyes started speaking to him about how they all work the same job and that if this was the good old days, the officers would just let him go.
At that point, Miller said he told Noyes, “If I get the green light to charge you, you are getting charged.”
A few moments elapsed and then Miller called Leeman back. Leeman told Miller that he researched case law, but could not find any case that would justify Haverhill officers charging Noyes with drunken driving based on the facts presented to him by Miller.
Miller then discussed with Cena which department was going to charge Noyes. It was at the point that Miller realized that Noyes was not going to be arrested nor charged with drunken driving.
Eventually, Noyes agreed to get into an ambulance and go to the hospital to be checked out.