Charges tossed in DWI scooter case
By Kim Ring TELEGRAM & GAZETTE STAFF

BROOKFIELD— [/B] The case against a Brookfield man charged with driving drunk on his scooter, then cracking open a bottle of vodka in the back of a police cruiser was dismissed yesterday after the town’s police chief did not appear in Western Worcester District Court, East Brookfield, to testify.

Sean E. Pray, 41, of 106 Quaboag St., was arrested in July after Chief Ross B. Ackerman allegedly spotted Mr. Pray’s scooter weaving across the lanes near his home. Chief Ackerman stopped Mr. Pray, who he believed was intoxicated, and arrested him. Chief Ackerman wrote in his report that he heard a noise and checked the back seat only to find Mr. Pray had opened a bottle of vodka, spilling some in the process.

Mr. Pray was charged with a second offense of drunken driving, driving an unregistered motor vehicle, driving an uninsured motor vehicle and a marked lanes violation. He also was charged with having an open container of alcohol in a motor vehicle.

All of the charges were dismissed without prejudice.

Officials said summonses are sent to law enforcement personnel when cases are headed to trial. The summonses serve as notification for them to appear and testify.

Chief Ackerman was paged but did not return calls seeking comment last night.

In the days after the incident, Chief Ackerman said he intended to file an additional charge of threatening to commit a crime against Mr. Pray. He said then that Mr. Pray had left a message on the police department’s voice mail that said, “The officer who arrested me is going to burn for this.”

Court personnel said yesterday that charge was never filed.


ROFLMAO Guy's got nads

Good to see are justice department working so well! Nice job guys. We'll be reading about this guy hitting some kids waiting for the bus one day because he thinks he's invincible now.

Something is bad wrong when ya get charged with open container in the back odf a cruiser and the chief can't be bothered to show in court. Why didn't he mix the doof a couple? Citizens of Brookfield, you need a new chief of police.

Something is bad wrong when ya get charged with open container in the back odf a cruiser and the chief can't be bothered to show in court. Why didn't he mix the doof a couple? Citizens of Brookfield, you need a new chief of police.

And if the case was dismissed, it's almost certainly not the first time he failed to show up. No judge in this state is going to deny the Commonwealth a continuance if a witness doesn't show the first time it's scheduled for trial.

Mike - I'm not a lawyer (but I fight with them all day :D ) but Doesn't "dismissed without prejudice" mean the charges can be refiled ?

"without prejudice" definitely means you leave the door open for possible future legal action. Ive signed many documets this way,
I paid an installment pmt to a contractor that way once, he knew exactly what it meant, and he finished the job properly after that.
Unlikely they will reopen the case however.

"without prejudice" is a bone the judge threw the police chief to save him some face. Chief should be embarressed for failing to appear.