Target 12: Who You Know

NORTH KINGSTOWN, R.I. (WPRI) - Two separate cases of recent drunk driving arrests are raising questions about whether the police treated the suspects with favoritism because of their connections to the community.

In North Kingstown, William Higgins, 20 of East Greenwich, was arrested after he slammed into the rear of a police cruiser that was parked at a stop light. The officer, Lieutenant Paul Barry was transported to the hospital and later released.

The police report, obtained by Target 12, reveals there were 27 empty bottles and cans of various alcoholic beverages rolling around in Higgins’ SUV. A test revealed he had a blood alcohol content of nearly three times the legal limit, according to the report.

Higgins later pleaded no contest to the charges. But the horrific crash and arrest never made it onto the department's daily logs; records that show the public and media what is happening in the community.

In a review of the department's daily logs, WPRI 12 discovered other drunk driving arrests were listed, including one from just a few hours later.

Target 12 has learned the driver is the son of a retired police captain from a neighboring community.

North Kingstown Police Chief Thomas Mulligan declined to go on camera, but said in a phone interview that the arrest's absence from the daily log had nothing to do with the fathers stature in the law enforcement community.

Steven Brown, the Executive Director of the Rhode Island Chapter of the ACLU, said examples like North Kingstown are why its “crucial” to have a strong public records law.

“When a police department has all the power to decide what we see, it's the public that ends up suffering by not knowing whether there may be inappropriate things going on such as treating certain people more favorably than others because of who they are,” Brown said.

In North Providence, another curious case of missing information.

Francis J. Patriarca, 46, of Smithfield, was charged with drunk driving on Sept. 16. The police report alleges he struck two telephone poles with his vehicle, causing serious damage to city property, then fled the scene. He was later arrested and failed a field sobriety test.

The report was supplied to WPRI 12 through a records request but contained redacted information. Following an appeal to the acting chief, the redaction was removed revealing a stunning line.

The report read, "Sgt. Breit advised me that due to [Patriarca's] occupation and status as a Bail Commissioner in the community we should not issue any further summons."

• Read the before and after of the police report

In other words, the arresting officer said he was told by a superior to only charge the driver with drunk driving and let him off the hook for leaving the scene of an accident because of his stature in the community.

Deputy Chief Paul Martellini said he was disturbed by the line in the report.

"I thought that if there was enough probable cause he should have been issued a summons," Martellini said.

The department does a review of all arrest reports, according to Martellini, and they determined Patriarca needed to be charged further, including leaving the scene of an accident. Patriarca has pleaded not guilty.

Martellini said no one – no matter who they are – should be given a free pass if they are accused of a crime. He said he spoke with the sergeant who was named in the report.

"I think he realized that was probably the incorrect decision at that time," Martellini said. "The department looked at that internally andwe made the correct measures to issue those citations."

Martellini also said he was not aware the report was sent to WPRI 12 with the incriminating line removed. He said it shouldn't have been and was told by the officer who redacted the information he was concerned it could be used in an internal investigation.

Tim White ( twhite@wpri.com ) is the Target 12 investigative reporter for WPRI 12 and Fox Providence. Follow him on Twitter: @white_tim