Southborough Police Arrest Franklin Man on OUI, Multiple Drug Charges, After Nearly Striking Officers at Separate Motor Vehicle Stop

SOUTHBOROUGH — Chief Ryan Newell reports that Southborough Police arrested a Franklin man on multiple drug charges after he nearly struck an officer assisting another officer at a separate motor vehicle stop early Thursday morning.

At approximately 1:20 a.m., Thursday, July 9, Southborough Police Officer Theodore Davis was assisting Officer Jeremy McClosky at a traffic stop on Turnpike Road when a passing vehicle swerved dangerously close.

Officer Davis returned to his cruiser and stopped the swerving vehicle. 

The driver, DANIEL FISHMAN, 48, of FRANKLIN, was arrested and charged with the following: 

• Operating Under the Influence of Drugs
• Negligent Operation of a Motor Vehicle
• Unlicensed Operation of a Motor Vehicle
• Operation of an Unregistered Motor Vehicle
• Operation of an Uninsured Motor Vehicle
• Obstruction of a Stationary Emergency Vehicle
• Marked Lanes Violation
• Possession of a Class B Drug (Cocaine)
• Possession of a Class B Drug (Methamphetamine)
• Possession of a Class B Drug (Oxycodone)
• Possession of a Class B Drug (Amphetamines)
• Possession of a Class E Drug (Sildenafil)
• Possession of a Class E Drug (Omeprazole)
• Use of an Electronic Device While Operating a Motor Vehicle (second offense)

During the initial traffic stop, Officer Davis had parked his cruiser behind Officer McClosky’s cruiser to assist with the stop. Both cruisers’ emergency lights were activated to warn approaching motorists.

As Officer Davis walked back to his cruiser, he watched an approaching vehicle drive toward both officers’ location. The vehicle had ample room to move over, as required by law, but the driver drifted back into the adjacent travel lane and continued on, drifting from side to side within the lane.

The driver, later identified as FISHMAN, continued swerving and repeatedly and randomly braking as Officer Davis followed to initiate a traffic stop. It was determined that the vehicle’s registration had been revoked, and the driver’s license was suspended.

Following a subsequent investigation, including a roadside sobriety assessment, FISHMAN was arrested for operating under the influence and operating a motor vehicle with a suspended driver’s license. A tow truck was called to the scene.

During an inventory search of the vehicle, police seized multiple items. Inside the center console, Officer McClosky located a prescription bottle with no listed name, containing 20 white prescription pills.

Officer McClosky also located an opened plastic mail bag in the rear trunk of the vehicle with another pill bottle inside. The bottle containing 90 additional pills. Neither medication was prescribed to FISHMAN. Both prescription medications are considered class E controlled substances under Massachusetts law and possession without a prescription is a crime.

Additionally, officers located a rolled-up brown paper bag inside the glove box. Inside, they found plastic baggies containing pills and powdery substances, suspected to be cocaine, methamphetamine and amphetamine.

Bail Clerk Michael Luzzo set bail at $250 cash and a sober ride. FISHMAN posted bail and was released.

FISHMAN is expected to be arraigned in Westborough District Court at a later date.

“Our officers did an excellent job getting a very dangerous operator off the road,” said Chief Newell. “It’s very important that motorists pay attention to the road at all times and move over for emergency vehicles. We’re all relieved that this incident was resolved without any injuries to the driver, his fellow motorists or our law enforcement professionals.”

These are allegations. All suspects are considered innocent until proven guilty in a court of law.

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