COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT DOCKET NO.: 1981CR00141 1981CRO0142.-~ COMMONWEALTH CLERK OF COURTS: ronihe Sato oeSex Ne MAY ~9 2019 LYNNWAY AUTO AUCTION, INC. ky JAMES LAMB, y. ‘Qe’ awe ‘hee STATEMENT OF THE CASE Now comes the Commonwealth and submits the following statement of the case in the above-entitled matter, This statement of the case is not intended to serve asa bill of particulars or otherwise limit the evidence in the Commonwealth's case, but only as summary of the facts to assist the Court in generally understanding the nature and circumstances of this case. Lynnway Auto Auction, Inc., (“Lynnway”) located at 400 Charter Way in Billerica is, engaged in the business of conducting wholesale used car auctions to licensed dealers. Lynnway’s auctions are not open to the general public. Auctions are conducted on Wednesdays when vehicles travel on 8 separate lanes approximately 123 feet long through a single warehouse style building. ‘The auction operates from approximately 8:30 AM until 12:00 PM, during which time between 1500 and 2000 vehicles pass through the auction block. Each vehicle is placed at auction for approximately 30 seconds. James Lamb is the owner and president of Lynnway and is responsible for and oversees Lynnway’s day to day operations. On May 3, 2017, at approximately 10:11 a.m., a 2006 Jeep Grand Cherokee Limited sports utility vehicle being operated by Roger Hartwell (“Hartwell”), date of birth: 6/4/1940, an employee of Lynnway entered the auction showroom at a high rate of speed, drove into thedesignated pedestrian area striking several people, and crashed through the cinderblock wall. Billerica police officers on the premises working paid details at the auction radioed that there were multiple injured parties on scene, Brenda Lopez (DOB 09/08/75), Pantaleon Santos (DOB 5/27/67), and Leezandra Aponte (DOB 11/19/80) were pronounced dead on scene and twelve others were transported to area hospitals. Elliott Rowlands, Jr. (DOB 11/18/66) and Ruben Espaillat (DOB 02/03/62) later died of their injuries. Police transported the Jeep operator, Hartwell, to the Billerica police station where he consented to be interviewed by Trooper Anthony Delucia and Billerica Detective Frank Mirasolo. Detective Mirasolo advised Hartwell of his Miranda rights. Hartwell stated that he understood his rights and wished to speak to police “while it was still fresh in [his] mind.” Hartwell also agreed to have the interview recorded. ‘Hartwell stated that he had been employed by Lynnway for approximately seven years working the Billerica location for the previous four years. Hartwell said that he lives in Quincy and takes a bus to the T station at Haymarket where he is picked up by a co-worker known as “Pakistani Mike” who drives him to the Billerica facility. Hartwell arrived at work on May 3, 2017, at approximately 8:30 a.m. and the auction started at 8:40 a.m. Hartwell said that in his role as a driver forthe auction he gets into line and ges ina car. The line then proceeds to one of eight garage doors leading into the showroom, He explained that prior to entering through the doors, prospective buyers may touch the vehicles, but once entry is made into the showroom they can only look. On that day he entered the Jeep and proceeded into the line, Just outside the garage bay, Hartwell claimed he stopped the Jeep and put it into park. Before entering the building, Hartwell explained that a man approached, opened the driver’s side door, and plugged in a handheld diagnostic device into the port located under thedriver’s side dash board. The man looped the device through the open driver’s side window and closed the driver’s side door. Hartwell said that it is normal for a person to insert such a device and then to want to watch the device while the car is moving. Hartwell put the vehicle in drive and the man walked four to five steps as the vehicle proceeded. Hartwell claimed that after one to one and one-half seconds the car accelerated on its own. He could see a gap of 10-15 feet between him and the vehicle ahead of him. He swerved to avoid hitting the vehicle in front of him and then started hitting people in the blue lane. He said there were no people in the red lane in front of him. He swerved to avoid the car and hit people. He did not know if he hit the accelerator and he did not know if he hit the brake. He described something like this happening to him before when the onboard diagnostic device was hooked up to the car. On those occasions he would put the car in neutral and brake. He said that he did not do that today and did not know why. Hartwell reported that after connecting the device, the dealer told him to drive slowly while he walked beside the open window with the device in his hand. Hartwell said that he did this for one or two seconds then, “the thing goes vroom” and the vehicle is out of control. Hartwell said he had to find space to go because the Jeep is not stopping so he tried to go around the vehicles in front of him. He then realized there were a lot of people so he tried to get back in the vehicle lane to avoid the people. fier the collision Hartwell learned from a police officer that his license to operate had expired. In fact, on June 12, 2012, the Registry of Motor Vehicles suspended Hartwell’ license to operate a motor vehicle and his license had expired on June 4, 2015. He said that he produced a license for his employers Lynnway a few years ago, but had not been asked to verify it since that time.