BOSTON, Nov. 19, 2013—A Pembroke man was arraigned last week for allegedly driving drunk and pointing a freshly-purchased, fully-loaded handgun at other drivers in the Tip O’Neil Tunnel, Suffolk County District Attorney Daniel F. Conley said.
GUY MILLER III (D.O.B. 7/31/69) was arraigned Friday in the Boston Municipal Court with operating under the influence as a second offense, assault with a dangerous weapon, carrying a firearm while intoxicated, improper storage of a large capacity firearm, and possession of an open container of alcohol in a motor vehicle. Miller was not charged with unlawfully possessing the firearm because he had a valid license to carry it.
Assistant District Attorney Erica Brody recommended that Miller be held on $25,000 cash bail and, if he posts that amount, an order that he surrender the other firearms he is registered as owning. Judge Eleanor Coe Sinnott set bail at $500 and declined to make the surrender order, instead ordering him to attend Alcoholics Anonymous meetings three times weekly if he posts bail.
State Police received a 911 call from a driver who said he was travelling southbound on Route 93 just before 6:00 p.m. on Nov. 14 when he saw a man in a 2005 Toyota Tacoma waving a handgun around while driving in the tunnel. In a subsequent interview, that caller said the driver in question was turning the gun side to side as if admiring it, pointing it at the floorboard, and using his right hand to point it toward his passenger side window at other drivers.
Troopers soon spotted Miller’s vehicle and learned through registry checks that he possessed a license to carry a firearm and was registered as owning five firearms. Multiple marked State Police units stopped his vehicle at the Albany Street exit.
As one trooper secured Miller’s hands through the driver’s side window, another opened the door and immediately smelled a strong odor of alcohol. When asked if he had a gun in the car, he allegedly replied, “What’s going on?”
The trooper who opened the door and escorted Miller from the vehicle saw what appeared to be a heavy item in his jacket pocket. He reached in and recovered from that pocket a Smith and Wesson 9mm handgun. Appearing very slow to comprehend what was happening, Miller allegedly stated that he had a gun in his pocket. When the trooper showed Miller the gun he had just taken from Miller’s pocket, Miller appeared baffled by its appearance in the trooper’s hand.
Troopers notified Miller of his rights and transported him to the Tunnels barracks. When informed during the ride of the 911 that precipitated his arrest, he allegedly stated that “This is total [expletive].” When asked if he had consumed any alcoholic beverages that day, Miller replied in the negative. By the end of the ride, the cruiser allegedly reeked of alcohol.
“There are people doing bad things out there and I’m not one of them,” Miller allegedly slurred, declining to take a Breathalyzer test or perform any field sobriety tests. Troopers notified him that he could lose his license to carry a firearm if convicted of carrying one while intoxicated, and that a breath test could help clear him if he passed it; Miller again declined to take any sobriety tests.
An inventory of Miller’s vehicle was performed prior to its being towed. Inside, troopers recovered an empty can of Sierra Pale Ale, an empty can of Bud Light, a partially-empty can of Bud Light, and 191 rounds of 9mm and .38 caliber ammunition.
Miller is represented by attorney Jeffrey Clifford. He will return to court on Feb. 19. The Registry of Motor Vehicles was notified of his refusal to take a blood-alcohol test so they may take action on his driver’s license. Pembroke Police were notified of the circumstances of his arrest so they may take action on his license to carry a firearm.
All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.