Driver accused of striking Deerfield officers pleads innocent

  • Timothy Avery, 27, of Agawam, stands during his arraignment in Greenfield District Court on the second floor of the Franklin County Justice Center in Greenfield on Monday afternoon. STAFF PHOTO/DOMENIC POLI

Staff Photo
Published: 8/19/2019 6:18:02 PM

GREENFIELD — The Agawam man accused of injuring two Deerfield Police officers when he slammed the car he was driving into them over the weekend pleaded innocent to seven charges Monday afternoon.

Timothy M. Avery, 27, was arraigned in Greenfield District Court for obstructing a stationary emergency vehicle, negligent operation of a motor vehicle, operating under the influence of drugs, possession of a Class B drug, two counts of “OUI — drugs and serious injury and negligent” for each officer struck, and having no inspection sticker. Judge William Mazanec III ordered Avery be held on $1,000 bail, which the defendant posted later in the afternoon.

The incident occurred at approximately 2 a.m. Saturday on Greenfield Road near Childs Cross Road, causing serious but not life-threatening injuries to the two officers.

Defense attorney Lucy DeLaCour told Mazanec her client is “deeply, deeply sorry” for the injuries to the police officers and he cares about their well-being. DeLaCour said Avery has no adult criminal record, but always made his required court appearances following a disturbance in a school auditorium as a juvenile in 2008.

She said Avery has an associate’s degree in business from Greenfield Community College and is a “productive member of society.” She also said her client has previously lost consciousness while driving and it is possible a medical condition may have caused these incidents.

DeLaCour requested $500 bail while Assistant District Attorney Jillian P. Handy recommended $10,000.

Avery is set to appear in court on Sept. 23 for a pretrial hearing.

According to the Massachusetts State Police, who were called to the scene for back-up, Officers Timothy Boland and Nicholas Limoges had arrested a woman on suspicion of drunk driving with a child in the car when they were struck by the vehicle Avery was driving.

Court documents report Boland was hit, lifted off the ground, struck the windshield, went over the vehicle and crashed down to the pavement, while Limoges was struck and thrown “a distance” before falling to the pavement.

Trooper Scott A. Boutell said he learned Boland is barely able to walk due to hip and leg pain and is unable to move his toes or his left knee. Limoges received six stitches on his elbow that will most likely result in scarring and skin damage.

A marked police cruiser with its lights flashing was also struck.

Deerfield Police Detective Sgt. Adam Sokoloski said his fellow officers are continuing on “a long road to recovery.”

“We are extremely thankful for the community support that we have received,” Sokoloski wrote in an email. “The Deerfield Police Department has full confidence in the team at the Northwestern District Attorney’s Office, and know they will do everything they can to prosecute the person who struck the officers to the fullest extent of the law.”

Sokoloski said proving drug-impaired driving beyond a reasonable doubt presents many challenges for law enforcement and prosecutors because there is no mechanism in Massachusetts to compel drivers to submit to a blood or urine test.

“Drug-impaired driving continues to be a problem taking so many lives,” he said. “It is long overdue for our lawmakers to update the laws of drug-impaired driving to at a minimum mirror the laws of impairment by intoxicating liquor.”

Reach Domenic Poli at: dpoli@recorder.com or 413-772-0261, ext. 262.




Greenfield Recorder

14 Hope Street
Greenfield, MA 01302-1367
Phone: (413) 772-0261
Fax: (413) 772-2906

 

Copyright © 2019 by Newspapers of Massachusetts, Inc.
Terms & Conditions - Privacy Policy