A negligent driving case against the former Brockton police chief, who was involved in a crash that caused serious injuries and flew under the radar for nearly a year, will not be thrown out.
An effort to dismiss a negligent driving case against the former Brockton police chief was denied by a Worcester County judge, according to a copy of the decision obtained by NBC10 Boston.
The criminal charge against Emanuel Gomes stems from a three-vehicle wreck he caused in his department vehicle in May 2021.
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The police chief did not receive any citations for the crash, and it flew under the radar for months until an NBC10 Boston investigation revealed details about what happened.
A private citizen with no connection to the crash later pursued a charge against Gomes.
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A hearing took place last July and the clerk magistrate ruled there was probable cause for the negligent driving charge to go forward. Gomes was arraigned in September in a case moved to Worcester to avoid a conflict of interest.
During a hearing earlier this month, Gomes' attorneys argued there was no probable cause to support the case rising to a criminal level, saying troopers who responded to the scene had determined it was an accident.
However, prosecutors called it a "significant crash" that could only be explained by negligence.
Investigations
In his order, Judge Steven Power wrote that there was sufficient evidence to establish probable cause and keep the case moving forward.
Power had previously denied a separate motion to dismiss under the state's "no-fix" statute, which requires police officers to provide a copy of the citation to a driver at the time and place of a violation.
When reached by phone, one of Gomes' attorneys said he was not aware the motion had been denied, and therefore had not had the opportunity to review the judge's decision.
According to the Massachusetts State Police crash report, Gomes' vehicle was traveling on the on-ramp from Interstate 495 to get onto Route 24 northbound.
For an unknown reason, the report said the chief veered off the ramp and struck a vehicle in the breakdown lane before side-swiping another car and causing it to flip on its side.
Three adults and a toddler went to the hospital after the wreck. The police chief refused medical treatment and got a ride home with a tow truck driver.
The crash does not appear on his RMV driving record.
City leaders told NBC10 Boston that Gomes was on his way to the scene of a drowning on that Saturday night. However, they never disclosed the incident to residents.
Brockton Mayor Robert Sullivan defended the city's handling of the crash, saying it "followed all appropriate procedures" when NBC10 Boston reported the story last May.
NBC10 Boston still has a pending records request with the City of Brockton related to the case, including documents like call logs, text messages and emails. Those are being withheld while the criminal case is ongoing.
Gomes retired in January 2022 after a 36-year year career with the police department and is now collecting a pension of $156,130. He is currently due back in court in August.
Ryan Kath can be reached at ryan.kath@nbcuni.com. You can follow him on Twitter or connect on Facebook.
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