WOBURN — A former Andover police officer whose hit-and-run accident last year prompted the reprimand of the Lowell Patrolmen’s Union president, was given a year’s probation after two serious charges against him were dropped Wednesday.
In Middlesex Superior Court, Evan Robitaille, 33, of Groveland, admitted to sufficient facts to charges of negligent operation of a motor vehicle and leaving the scene of a property-damage accident. Charges of operating under the influence of alcohol and misleading a police officer were dismissed by prosecutor David Solet as part of a joint plea agreement.
Defense attorney Milton “Ted” Granney told The Sun he filed an earlier motion to dismiss those charges due to insufficient evidence presented at the grand jury, but the motion was not heard because a joint agreement was reached.
Judge Mitchell Kaplan continued Robitaille’s case without a finding for a year while he is on probation. While on probation, Robitaille must undergo a substance-abuse evaluation and treatment if necessary, submit to random screens and install an Interlock device on his vehicle.
If he has no further legal problems, Robitaille’s case will be dismissed when his probation ends.
As a result of the March 11, 2013, incident, Robitaille essentially lost his job. He was placed on paid administrative leave on Oct. 18, 2013, by his department. He resigned a month later.
A probe was launched into how Lowell police handled the 911 call that described Robitaille, who was off duty, as intoxicated when he hit a car on Interstate 495 in Tewksbury at 9:30 a.m. and then got off on Woburn Street in Lowell (exit 37) to avoid exchanging papers with the other driver and drove into a Gulf/Dunkin’ Donuts complex in Lowell.
The witness to the accident told the cashier that Robitaille fled the scene of a crash and appeared intoxicated, court documents state. The cashier and the complex manager said they saw Robitaille having trouble standing and that he appeared intoxicated.
A security video shows a Honda Pilot, with Robitaille behind the wheel. He then exits the SUV as a pickup truck parks behind the SUV and that driver confronts Robitaille. Officials were able to enhance the pickup truck’s registration number to track down the driver.
The cashier called 911. Lowell police arrived and placed Robitaille in the front seat of a cruiser, driving him to a McDonald’s restaurant on Route 38, according to court documents. Arrangements were made to have the Honda Pilot privately towed to Elm Street Automotive in Andover, documents state.
The Honda Pilot was towed by Stuart’s Towing back to its shop. The tow-truck operator told the shop owner that the operator of the Honda Pilot was very intoxicated and he was an Andover police officer.
Responding the scene, Lowell police Officer Dennis Moriarty called Kevin Stuart on his personal cellphone to arrange the tow, which is a violation of department policy. Moriarty also gave Robitaille a ride to the McDonald’s without getting approval from a supervisor, another violation of department policy.
Robitaille was not charged with operating under the influence by Lowell police, but he was later indicted on the charge.
In April, Moriarty was charged by the Lowell police with officer misconduct for his handling of the incident. Moriarty was issued a letter of reprimand for violating department procedures on tows and having an unauthorized civilian, Robitaille, in a police cruiser.
When contacted about the disposition of Robitaille’s case. Lowell Police Superintendent William Taylor declined to comment.
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