A Gardner District Court judge later found Kevin D. Laflamme responsible for disorderly conduct and disturbing the peace charges stemming from his October 8 arrest in Gardner. The 33-year-old Templeton man had been taken into custody near City Hall Avenue and Connors Street after officers responded to a possible overdose call; he was later found in a holding cell with a blanket wrapped around his neck.
Police Account of the Arrest
As reported by News Link Live, Officer Willis was dispatched to the intersection after a report of a possible overdose, with Officer Marcus Guerreiro also responding to the scene. Willis said he found Laflamme arguing with EMS personnel, with bloodshot eyes and a strong odor of alcohol. Laflamme denied using narcotics, according to the officer's account, but became increasingly aggravated and belligerent during the interaction.
Willis said Laflamme became belligerent after being told to lower his voice and calm down while he waited for the bus, then approached him aggressively. Willis arrested him on disorderly conduct and disturbing the peace charges. During the arrest, Laflamme did not put his hands behind his back when officers tried to handcuff him, according to Willis; he fell onto the grass and was handcuffed.
Cell Incident and Hospital Evaluation
After Guerreiro brought Laflamme to the Gardner Police Department, he was booked and placed in a holding cell, Willis said. Dispatch later alerted officers to possible self-harm. Willis said officers found Laflamme with a blanket over his head, making gagging noises and saying he could not breathe.
Willis said surveillance footage showed Laflamme wrapping the blanket around his neck and trying to tie its ends. Officers removed the blanket and notified EMS that Laflamme needed transport for a Section 12 evaluation.
EMS took Laflamme to Heywood Hospital, where staff determined shortly after his arrival that his behavior posed a risk, according to Willis. Laflamme was released from police custody after a bail clerk arrived. Willis also said Laflamme had been calm for several minutes during booking before becoming aggressive again.
What Section 12 Provides
Massachusetts General Laws Chapter 123, Section 12 provides for discharge at the end of a three-day period unless the hospital superintendent applies for commitment or the person remains voluntarily, according to the Massachusetts General Court. In Laflamme’s case, Willis’s account says officers notified EMS and EMS transported him; the account does not describe the broader rules on who may initiate a Section 12 evaluation. The three-day provision alone does not establish what happened in his case.
Court Disposition
Laflamme missed his October 9 arraignment in Gardner District Court, and the court issued a default warrant that day. The warrant was recalled when he appeared for arraignment on October 14.
On November 2, a judge decriminalized both charges and found Laflamme responsible. The court fined him $100 for disorderly conduct and imposed no fine for disturbing the peace. Massachusetts jury instructions say the disorderly conduct statute, Chapter 272, Section 53, cannot be applied to language or expressive conduct protected by the First Amendment, even if offensive or abusive. The docket shows the matter was continued to December 14 alongside another case.
The report's writer said FOIA requests were needed to obtain the court documents describing the case.
