The Essex County District Attorney Paul Tucker released the results of the investigation into the wrong-way driver crash that killed MA State Police Trooper Kevin Trainor on Route 1 in Lynnfield in May.
According to the investigation, the suspect was served nine drinks within three hours at a restaurant on Rt. 1 in Saugus before getting into his car that night, before he ultimately crashed into Trainor’s cruiser.
[ ‘Showed us the highest form of service’: Thousands say goodbye to Trooper Kevin Trainor ]
Trainor’s mother, Barbara said she’s heartbroken and infuriated.
“It’s literally the worst nightmare of my life,” Barbara said.
The early morning of May 6th is one Barbara said she won’t ever forget, when she lost her son, Kevin.
“It was very gut-wrenching, it just felt it like happened all over again,” Barbara said.
Barbara said she’s now grappling with the latest details of the investigation. The DA’s statement claimed the suspect, 50-year-old Hernan Marrero, had one alcoholic drink at a restaurant in Waltham the night of May 5th. It said Marrero then traveled to Tribu Mexican Kitchen and Bar on Rt. 1 in Saugus. The report stated Marrero was served nine alcoholic drinks between 9:15 p.m. And 12:53 a.m.
“You hear the results of a bar serving someone nine drinks in a short time and then letting them walk out. It’s unforgivable,” Barbara said.
According to Tribu’s website, it closes at 10 p.m. on Tuesdays. The medical examiner determined Marrero’s Blood Alcohol Level (BAC) to be .192, more than twice the legal limit.
“How would they have felt if this result was to someone in their family? Because what they contributed to this problem can never be forgiven or taken back because the end result is still the end result and my son is now gone,” Barbara said.
The Essex County District Attorney said Marrero left the parking lot of the restaurant at 1:56 a.m. heading north on Rt. 1, until he reached the jug handle, where he turned around, and began traveling south in the northbound lanes. Minutes later, Marrero crashed head-on into Trooper Trainor’s cruiser along that highway in Lynnfield.
[ 25 Investigates: Driver involved in fatal crash with trooper had previous wrong-way driving citation ]
Marrero was pronounced dead at the scene. Trainor was taken to a hospital but did not survive.
The District Attorney’s Office determined criminal charges are not sustainable against the restaurant, but it’s facing multiple violations including serving alcoholic drinks after hours and for serving free drinks.
“I actually feel quite infuriated about it because I feel like it is a criminal act because if you hire someone and they should go through the training to become a bartender or a manager, they should know the rules and regulations,” Barbara said.
“Today’s report does two things, number one it drives home the sacrifice that Kevin made that night,” Colonel Geoffrey Noble, Massachusetts State Police Superintendent, said.
Noble said the second point is that the report proves this incident was entirely preventable.
“That is a large amount of alcohol, and the fact that someone could be drinking over a continued period of time and not have a plan and not have a designated driver and not use an Uber or Lyft or any of the rideshares, is just staggering to me that that level recklessness,” Noble said.
“Maybe the next time someone thinks to go to a bar or a party or wherever they are, and they’re drinking, learn to control or if you see someone that’s not controlling it, do something, say something don’t let them walk out and risk doing this to someone else and their family,” Barbara said.
The District Attorney’s Office said the Alcohol Beverages Control Commission (ABCC) has issued multiple violations against Tribu. A hearing for those violations is scheduled for July 28.
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