They ultimately pursued criminal charges of OUI and negligent operation. “There is something unusual in this case.”Īccording to the state police investigation, a search warrant revealed Burns’ blood alcohol test at the hospital registered at three times the legal limit. Typically, if there was enough suspicion, someone would have been arrested on the scene,” said Donovan. Troopers who later searched the truck did not find any alcohol containers inside. The state police investigation also revealed that Burns accessed his truck at the tow lot and was allowed to remove personal belongings. However, a neighbor told investigators the off-duty cop appeared to be under the influence while standing outside his truck after the crash. The officer also said he didn’t smell any alcohol on Burns at the crash scene or notice signs of intoxication. The officer told investigators he determined the cans of alcohol did not play a role in the wreck because they felt warm to the touch and must have been old. TWISTIT POLICE BLOTER FULLWitnesses told investigators Burns had been in a verbal altercation before leaving the establishment.Īccording to the documents, a Pembroke officer found both full and empty containers of Twisted Tea inside Burns’ truck at the crash scene. This is Bill Howland and Elayna Collin's Honda Pilot, after it was struck by James Burns' F-150 on April 25, 2021.Ī state police investigation we obtained said Burns had been at a local bar before getting behind the wheel. “That should be part of their standard operating procedure.” They should’ve done that immediately” Donovan said. “In a situation like this, the first move should be to reach out to higher-ups and bring in somebody from another department. Massachusetts State Police troopers were called in to conduct the investigation.Ĭriminal defense attorney Patrick Donovan reviewed the case and said there was an obvious conflict of interest by Pembroke police initially investigating one of their own at the scene of the crash. Internal affairs records show it wasn't until two days later that Pembroke Police Chief Rick MacDonald requested an outside probe.īecause Burns was a detective, the Plymouth County District Attorney requested Cape and Islands District Attorney for assistance on the case to avoid a conflict of interest. That’s because when Pembroke police responded to the emergency, officers only cited Burns for a marked lane violation. If the NBC10 Boston Investigators hadn’t received a tip, Howland would’ve been correct. “If was drunk, we’ll never know about it,” he recalled. Howland’s reaction to learning that development? TWISTIT POLICE BLOTER DRIVERIn the immediate aftermath of the wreck the couple learned the driver of the truck was off-duty Pembroke police detective, James Burns. It’s a moment they said forever changed their lives. Bill Howland and Elayna Collin are still recovering from a serious car accident that sent them to hospital on April 25, 2021.
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