Drunk Driving Clarification

Christopher Dalkas, age 22, stands before Judge John Payne this morning

In what is perhaps the first Driving Under the Influence case brought to a Judge since District Attorney Dave Sullivan suspended use of Breathalyzer results in upcoming trials, Christopher Dalkas accepted a standard 24D disposition plea, available only to 1st time offenders.   

Dalkas will lose his license for 45 days, pay $650 in fees/fines and be on probation for one year.  

 Count 1 standard 24D disposition, Counts 2&3 "dismissed", Count 4 "not responsible."

Amherst police arrested Dalkas in the early morning hours of April 16th for speeding on his Harley Davidson motorcycle on Amity Street in town center, where he was clocked at 55 MPH (more than twice the speed limit).  

Dalkas was unstable on his feet, smelled of alcohol, had blood shot eyes, and slurred speech.  He failed the Field Sobriety Test miserably, losing his balance four times and missing the turn on the "Nine Step Walk and Turn" exercise, and pretty much could not hold one leg up for the "One Leg Stand."

In response to the usual question "Have you had anything to drink?" he admitted to the classic "two beers" at McMurphy's Uptown Tavern in town center. 

The Assistant District Attorney did mention at the very end the Breathalyzer result of .11%, but since then the DA's office has issued the following statement.  According to Steve Gagne:

"The moratorium that we announced regarding the use of BT evidence was focused on cases scheduled for trial, but the case that was resolved via plea this morning in Belchertown highlighted the need for clarification re: cases being resolved by way of plea.  We have since advised our prosecutors to omit any reference to BT evidence during pleas, and to proceed instead on non-breathalyzer evidence (which there almost always is in OUI cases)."

For Those Who Served

Ladder 1 on scene, UMass Mullins Center

The 5th annual Ice Stars For Wounded Warriors slid its way across the Mullins Center practice arena in style with skaters from across New England (including the Skating Club of Amherst) as well as public safety departments and UMass fraternity rival hockey matches, all performing in behalf of our wounded military.

 UMPD leads the parade

The two day event kicked off on a beautiful Saturday afternoon with a parade led by UMass PD motorcycle division down Massachusetts Avenue then across Commonwealth Ave to the Mullins Center, where they entered the arena under a h-u-g-e American flag held aloft by AFD Ladder 1.

How Sweet It Is

Treasure map of sugary delights

The "Amherst Mega Dessert Crawl" was a BIG success, attracting around 400 participants on a sunny Saturday afternoon who paid $10 for ten desserts served by downtown restaurants.

 David Mazor at starting point, Kendrick Park

The money raised benefits "Reader To Reader" a program founded by David Mazor that donates books worldwide to the underprivileged.

Restaurants also benefited by bringing in new customers for a low cost sample.

Jean-Loup McIlvain-Cellier, Amherst College, Ashley Gratton, UMass

Two student participants who just completed the ten restaurant tour and deemed it "awesome," confirmed that prior to the event they had only set foot in half of the ten restaurants.

By the looks on their faces there's a good chance they will return to many of them in the near future.

Meanwhile, on the main Town Common, the Amherst Sustainability Festival attracted an environmental crowd -- although not nearly as large as the turnout for Extravaganja last Saturday.

Amherst Town Common 1:30 PM

And just across the street further south on the common in front of Amherst College Memorial Hall, a hawk dropped in to sustain himself (or herself) via lunch.

Scratch one squirrel

Hadley Hoedown

Party goers converged on foot and via taxis

Hadley police with the assistance of Amherst, UMass and State police shut down a large party of 500+ college aged youth around 3:15 PM at a North Maple Street back yard before it could grow into a Blarney Blowout. 

After one Hadley officer reported having a golf ball thrown at him police made sure they had pepper balls on hand, although none were needed to disperse the crowd.  The party host used the PA system that had been blasting music to announce loudly that the "party is over!"

State Trooper intercepts young women before they make it to party.  "Don't make me get out of this vehicle" he bellowed.

Amherst police have been on high alert all day, and a half dozen Massachusetts State PD vehicles were stationed at the entry to Hobart Lane most of the early afternoon.

When Hadley called for mutual aid both APD and MSP were quick to respond (including K9 units).

Do As I Say, Not As I Do

 Butterfield Terrace below, Pokeberry Ridge well above

One of the routine arguments put forth by NIMBYs to uphold the sacred BANANA covenant Build Absolutely Nothing Anywhere Near Anything is the tired old refrain, "I moved here thinking my neighborhood zoning was etched in uranium depleted mortar shells." So now that can now never-in-a-million-years, change.

The efforts by homeowners on Pokeberry Ridge, nestled high on a ridge line 100 feet above and perhaps 400 feet back, to torpedo a zoning change on Butterfield Terrace is all too typical.
 

4 properties propose rezoning from RN to RG (shown in yellow)

Since the four lots in question (currently RN) are already contiguous with (higher density) RG zoning, and are situated within crawling distance of the bustling UMass campus and Amherst town center, it would be hard to find property more suitable for such a change.

Especially since the overly expensive "Master Plan" from a few years back specifically supports such density tweakings.

And even if Town Meeting gives it a two-thirds endorsement required for a zoning change the current owners would still have to get a Special Permit from the Zoning Board of Appeals for any development.  And that requires a unanimous vote of all three sitting members.

The Planning Board, who are the appointed experts on such matters, voted 6-1 to support the zoning change and the Finance Committee supported it unanimously.

But the Select Board, demonstrating they are elected rather than appointed, took the easy way out and voted unanimously to recommend "referring the article back to the Planning Board for further study."

David Markland Feb 18 Planning Board meeting

The neighbors who have led the charge to fight the proposal only purchased their house less than a year ago.  And then quickly set about clear cutting their backyard to enhance the scenic vista.

 Before picture

 After picture

Although that does nothing for the backyard view of the houses down below on Butterfield Terrace, and even worse -- since trees naturally prevent storm water run off -- now when it rains, the steep incline turns into a mud slide.

Pokeberry neighbors on either side not as ambitious with tree clearing

I'm pretty sure when the residents on Butterfield Terrace purchased their homes they expected the steep hillside behind them to remain as a forested buffer from their neighbors up on Pokeberry Ridge.

Forever.

Arbor Day Dilemma

All trees marked for death have 8.5" by 11" tree hearing notice attached

As usual when a choice has to be made between perfectly placed pavement and living breathing trees, it's the trees that end up taking a fall.

In spite of all the good they do -- sucking up storm water, absorbing carbon dioxide, and providing a shaded respite from summer sun -- the safety needs of pedestrians walking along busy Pine Street comes first.

The Planning Board & Tree Warden will hold a joint "Scenic Road Public Hearing" on May 6  to confirm the removal of ten trees currently standing a tad too close to Pine Street, a renovation project that has dragged on far too long for most area residents.

A new sidewalk is the main cause of the death sentences.  The majority of the trees are past their prime, but a few will no doubt be missed. 

And not just by the Lorax.

Amherst Town Hall:  Promoting Green

Thirsty Thursday DUI

Scott Pascoe arraigned in Eastern Hampshire District Court this morning

Amherst first responders scrambled to mid-Main Street early last night for reports of a "car vs pedestrian."  Fortunately the cyclist was fine, but Amherst police quickly arrested Scott Pascoe, age 44, for driving under the influence and negligent operation of a motor vehicle.

Click to enlarge/read

In Eastern Hampshire District Court this morning Pascoe had a plea of not guilty entered in his behalf and his case was continued until May 21 so he could hire his own attorney.

Right around the time Pascoe was taking the Breathalyzer at APD headquarters, District Attorney Dave Sullivan announced a moratorium on using breathalyzer results in Court due to a small percentage that seem to be problematic -- most likely due to calibration errors.

I have observed dozens and dozens of DUI  24D disposition plea deals and almost 100% of them had breathalyzer results used for evidence. And I've only observed two DUI jury trials, but in both cases the defendants won and each of them had refused the breathalyzer (a fact that cannot be told to the jury).

The state needs to get to the bottom of this breathalyzer problem -- pronto!