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A drunken wrong-way driver who killed a Massachusetts state trooper in a head-on crash had been served nine alcoholic drinks at a restaurant before blowing past clear warning signs and plowing down a highway in the wrong direction, according to a newly released DA report.
Hernan Marrero, 50, of Roslindale, had a blood alcohol concentration of 0.192, which is more than twice the legal limit, when his Jeep Wrangler slammed head-on into Trooper Kevin Trainor’s cruiser around 2:04 a.m. on May 6 in Lynnfield, Essex County District Attorney Paul Tucker’s office said.
The crash killed both Marrero and Trainor, a 30-year-old state trooper from Georgetown.
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A new report details Marrero’s final hours before the deadly wreck, saying he first stopped at a Waltham restaurant, where he bought food and received one complimentary drink before closing out his tab at 7:42 p.m. He then drove to Tribu Mexican Kitchen and Bar on Route 1 North in Saugus, where he sat at the bar at 9:15 p.m. and was served a margarita five minutes later, according to investigators.
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Marrero later posted a photo of a margarita on social media with the caption, “Second stop!!!” the DA’s report said.
Between 9:20 p.m. and 12:53 a.m., he was served a total of nine alcoholic drinks at Tribu, investigators found.
The Massachusetts Alcoholic Beverages Control Commission has issued a notice to Tribu alleging multiple civil violations, including serving alcoholic drinks after hours and serving free drinks, according to the report. A hearing is scheduled for July 28.
The DA’s office said that after reviewing the case under applicable legal standards, criminal charges are “not sustainable.”
Marrero left the Tribu parking lot at 1:56 a.m. and drove north on Route 1 for about 2.3 miles before entering a jughandle near Santarpio’s Pizza in Peabody that allows drivers to reverse direction onto Route 1 south.
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But instead of properly entering the southbound side, Marrero grazed a guardrail, ran a red light and made too sharp a left turn before re-entering the northbound lanes while driving south, the report said.
Investigators said the area had clear and unobstructed “WRONG WAY,” “DO NOT ENTER” and “ONE WAY” signs directing motorists not to enter Route 1 north from the jughandle.
Marrero then drove 1.8 miles southbound in the northbound lane.
A truck driver who saw the Jeep pass called 911, and another trooper broadcast a warning about the wrong-way driver to the State Police Danvers barracks and area cruisers, according to the report.
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Trainor, who had just finished a public safety detail and clocked out at 1:52 a.m., had his cruiser radio on and set to the channel where the warnings were broadcast.
His cruiser was the first to encounter Marrero’s Jeep.
The vehicles collided head-on, with Trainor’s cruiser traveling between 60.4 and 68.6 mph and Marrero’s Jeep traveling between 56.4 and 61.4 mph at impact, investigators found.
Crash reconstructionists determined that Marrero’s wrong-way driving was not caused by any vehicle defect or problem with the posted signage.
Instead, they concluded that the crash was caused by Marrero’s actions and that his wrong-way operation of the Jeep resulted in both his own death and Trainor’s line-of-duty death.
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Tucker said the evidence shows Trainor acted with “exemplary courage and self-sacrifice.”
“His willingness to put his own life at risk to serve and protect the citizens of the Commonwealth likely prevented an even greater tragedy,” Tucker said.
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Massachusetts Gov. Maura Healey said that Trainor was the “best of Massachusetts.”
“Trooper Kevin Trainor was the best of Massachusetts. He was a graduate of Salem State and the State Police Academy. He wore the French and Electric Blue with pride. He was a son, a brother, a fiancé, a coach and a mentor. On and off the job, he was the kind of person you could count on. When people needed help, he answered the call without hesitation. That’s what makes him a hero.”
“His life was cut far too short, but his legacy of courage, service and selflessness will live on in all the lives he saved. As we lay Trooper Trainor to rest, my heart is with his family, his fellow Troopers and everyone who had the privilege to know and serve alongside him. May God Bless the men and women of the Massachusetts State Police.”
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