Wrong-way drunk driver who killed Mass State Police Trooper Kevin Trainor was served 10 drinks: DA

The man who hit and killed State Police Trooper Kevin Trainor while driving the wrong way on Route 1 had a blood alcohol level double the legal limit at the time of crash, according to a new report from the Essex District Attorney’s Office.

Hernan Marrero’s BAC was .192 after being served 10 drinks on the night of May 5 into the early hours of May 6, the report said.

He then got into his Jeep Wrangler, entered Route 1 in Lynnfield the wrong way, and collided with Trainor, who was responding in his cruiser.

Marrero, 50, was pronounced dead at the scene, and Trainor, 30, was transported to Mass General Hospital, where he succumbed to his injuries.

Immediately following the crash, Trainor was hailed as a hero, with officials saying he saved lives that night.

“The available evidence is consistent with early reports that in responding to this highly dangerous situation, Trooper Kevin T. Trainor demonstrated exemplary courage and self-sacrifice,” the DA’s report said. “His willingness to put his own life at risk to serve and protect the citizens of the Commonwealth likely prevented an even greater tragedy.”

The DA’s office concluded that Marrero’s actions, not other factors like signs or a vehicle malfunction, caused the crash and Trainor’s death.

Before getting into his car for the final time that night, Marrero had spent much of the evening at a restaurant called Tribu off Route 1 in Saugus, the report said. Earlier in the evening, he had been served food and one drink at a restaurant in Waltham.

In the next three and a half hours, Marrero was served nine drinks at Tribu, posting a photo on social media of a margarita with the caption, “Second stop!!!” according to the report.

The report noted that the restaurant has been issued several civil violations for serving alcohol after hours, but the DA’s office said, “After a thorough review in light of the applicable legal standards and burden of proof, this Office has determined that criminal charges are not sustainable.”

Even though the final drink was served before 1 a.m., Marrero didn’t leave the bar until just before 2 a.m.

He drove on the proper side of the road for about two miles going north, before he entered what is referred to in the report as a “jug handle,” an exit that allows drivers to change directions on Route 1.

But instead of getting into the southbound lanes, Marrero went back in the northbound lane driving southward.

Trainor, who’d just started heading home from a late night detail, heard the call for the wrong-way driver and decided to respond.

“Trainor’s cruiser was the first to encounter the Jeep and collided head-on with it,” the report said.

A crash reconstruction analyst responded to the scene early that morning, and in a report released by the DA’s office, the officer noted that the force of the impact launched the cruiser’s battery from the front of the car and made gouge marks into the pavement.

Debris was scattered all over the road.

In MSP Sgt. David Bergeron’s report, he shared analysis of the scene, the vehicles involved, and the video footage of Marrero driving right before the crash.

At the time of the crash, Trainor’s cruiser was going between about 60 and 69 miles per hour, the report said, while Marrero’s Jeep was traveling at about 56 to 61 miles per hour.

Bergeron wrote that there weren’t any issues with the Jeep, except that it had tires that were larger than the recommended size. Both vehicles had undergone recent inspections.

Videos also showed Marrero traveling in the wrong direction on Route 1, “contrary to the posted signage indicating the proper direction of travel for the roadway,” Bergeron wrote.

The signs where Marrero got on in the wrong direction appeared to be “clear, visible, unobstructed, and undamaged,” he wrote.

Bergeron concluded that the crash wasn’t caused by a malfunction of the Jeep or the signage.

“I believe the collision was caused by the actions of Mr. Marrero,” he wrote. “And, furthermore, that his wrong-way operation of the Jeep ultimately resulted in his own death as well as the line of duty death of Trooper Kevin Trainor.”

State Police Colonel Geoffrey Noble said in a statement that the report should be a wake-up call for anyone who thinks it’s OK to drive impaired.

“One reckless decision on May 6th didn’t just take the life of a promising young Trooper — it stole a devoted fiancé, a beloved son, and a cherished brother from his family and changed the course of their lives forever,” he said.

Noble said MSP would have a “highly-visible presence” to deal with wrong-way and drunk driving this summer, saying, “If you choose to put innocent lives at risk, Kevin’s brother and sister Troopers will find you, they will arrest you, and you will face the consequences.”